Labor

Mike Barnicle: What about the fact that unemployment benefits pumped into the economy are an immediate benefit to the economy. Immediate. 

John Shadegg: No, they're not.

…

Mike Barnicle: Let's go back to what you said about unemployment checks. Unemployment checks, people don't spend that money?

John Shadegg: No. they will spend as little as they can because they'll hold on to it as long as they can. In reality, they don't create jobs.

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"Unions, liberal advocacy groups and many congressional Democrats are expected to defend the new healthcare law and the new financial oversight system, created in the wake of the worst recession in more than half a century. They also are expected to defend efforts to expand worker safety rules.

"'The chamber's new campaign is disappointing and may threaten the health and safety of hardworking Americans if successful,' said Rep. George Miller (D-Martinez), chairman of the House Education and Labor Committee."

"[The GOP has] to understand that when they repeal health care, that senior citizens will pay more for prescription drugs, young people will lose their health care coverage, and once again, we'll have pre-existing conditions that keep women and children and others from getting access to health care when they need it.  And they're also going to have the problem that this health care bill, signed by President Obama, saves $100 billion in the first ten years and a trillion dollars in the second ten years.  So they're going to have to pay for those changes when they go back to their so-called common sense ideas.  The fact of the matter is this health care bill works."

“Not since the explosive years of the civil rights movement and the hard-fought debut of government-supported health care for the elderly and poor have so many big things -- love them or hate them -- been done so quickly.

“Gridlock? It may feel that way. But that's not the story of the 111th Congress -- not the story history will remember.”

“I am pleased that the Department of Labor has taken another step to expose hidden fees contained in America’s 401(k) plans.  While families are making difficult choices to put something away for their retirement, it is essential that they know how fees may be eating away at their savings and potentially delaying their retirement plans.”

“Until now, even if workers were given abundant retirement plan investment information they did not always receive it in a user-friendly format. The new rule for 401(k)-type retirement plans will provide workers with tools to easily match up one investment option with another.”

“Rep. George Miller (D-Cali.), who led the effort in Congress to raise the minimum wage in 2007, is taking issue with Republican candidates' recent statements that the federal policy should be rolled back and hasn't helped improve the economic position of the country.

“‘Well, it [their statements] sort of shows two things," Miller told The Huffington Post on Tuesday. ‘One, how clearly they're captive of the billionaire boys club, and two, how disconnected they are from working people in this country, who are trying to get [ahead for] for their families.’

“Alaska Senate candidate Joe Miller attracted national attention on Monday for saying that the federal minimum wage should be abolished. ‘That is not within the scope of the powers that are given to the federal government,’ he told ABC News. Late last week, Connecticut Senate candidate Linda McMahon was quoted as saying, in vague terms, that she'd be open to the idea of adjusting the federal minimum wage laws. West Virginia Senate candidate John Raese, who has long advocated that it be abolished, also said the federal law ‘hasn't worked’.”

"When a national debate is over giving tax cuts to millionaires and billionaires, and these people think that it's people working at the minimum wage that's holding people back, it's an outrage." 

“In the weeks after the worst U.S. coal-mining accident in 40 years, federal safety inspectors showed up repeatedly at a mine that snakes under the West Virginia hills: Loveridge No. 22.

“On July 26, an inspector cited the mine for concerns that walls might crumble. He noted that this made 87 citations for problems with the roof or walls over two years.

“Three days later, a chunk of rock 16 feet long and 41/2 feet high broke away from the mine's wall, according to a federal accident report. Miner Jessie Adkins, 39, was caught beneath it.

“He died before he got to a hospital.

“Adkins is one of nine men who have died inside U.S. coal mines in the six months since the Upper Big Branch mine disaster in West Virginia, in which 29 men were killed on April 5. This string of accidents has revealed key shortfalls in a push by the Obama administration to improve mine safety.”

“…federal regulators still have trouble using their power to temporarily shut down mines that have a ‘pattern of violations.’ That provision in the law has not been used successfully in 32 years.

“Last week, the Mine Safety and Health Administration announced new criteria that could simplify that process. Bills introduced in Congress would expand whistle-blower protections for miners, give the MSHA subpoena power and provide federal regulators with more authority to close unsafe mines. Legislation has stalled on the Senate side.”

“Trying to explain why repeated federal citations didn't prevent fatalities, safety experts pointed to the same problems that surfaced after the Upper Big Branch blast. The backlog of appeals cases has grown - clogged by the new citations - meaning that companies can delay payments for years.

“At Consol, for instance, the company has contested 31 percent of the safety citations issued to its mines since January. That's more than 1,000 citations, with fines totaling $2.6 million, which won't be paid until the cases are resolved.”

"These state-based exchanges, a key foundation of the new healthcare law, are to become the central Internet-based marketplace for consumers who do not get health benefits at work.

"By 2019, about 24 million Americans are expected to shop for coverage on the exchanges, choosing among health plans offering a variety of benefits that meet basic government standards."

"Gov. Arnold Schwarzenegger made California the first state to create an insurance exchange under new federal health care reform as he ended the bill signing period Thursday by also approving bills addressing topics ranging from kindergarten to foster care."
...

"The state's landmark health care legislation sets up an oversight board for an insurance exchange that will let consumers comparison-shop for coverage. Other bills in the package bar insurers from denying coverage to children because of a pre-existing condition and let young adults stay on their parents' health care plans until they turn 26."

“'California families and small businesses are being crushed by health costs and dwindling benefits,' said U.S. Rep. George Miller (D-CA), chair of the House Education and Labor Committee. 'The health exchange law signed by Gov. Schwarzenegger will ensure that insurance companies compete in an open and transparent marketplace, putting consumers in the driver’s seat, thereby driving down costs and making coverage more predictable.'"

“‘Since the passage of the Mine Act more than 30 years ago, not one mining operation has ever been placed on a pattern of violations,’ said Joseph A. Main, assistant secretary of labor for mine safety and health. ‘We have known for some time that the current system is broken and needs to be fixed. This new screening process improves upon the old one, which cast too broad a net and did not distinguish mines with the highest levels of elevated enforcement. This new system will let MSHA focus its attention on those mines that are putting miners at greatest risk.’

“‘MSHA's changes to the POV program cannot fix shortcomings that require legislation or changes to the existing regulations,’ Main added. ‘This is a stop-gap measure until reform can occur. We are aggressively pursuing both regulatory and legislative reforms, but in the mean time this new policy improves our ability to identify problem mines. Our goal with each of these reform efforts is to identify mines with a pattern of dangerous conditions and encourage them to improve their safety records. If a mine fails to do so, it will be placed into POV status.’”

“I made a pledge to the families of Sago, Aracoma Alma, Darby and Crandall Canyon that we would do everything in our power to uncover the cause of those tragedies, to hold responsible parties accountable, and to prevent other miners from suffering a similar fate.  

“I extend this same promise to all the families of Upper Big Branch. Your families paid the ultimate price for a job our nation depends on.”

“These critics seem to believe that any oversight of the insurance industry is too much, and that consumers would be better off in a system where they have few rights or protections.”

…

“The Affordable Care Act is bringing some basic fairness to our health insurance market. So when I learned that a handful of insurers around the country are blaming their significant rate increases on the new law—even though the facts show that the impact of the law on premiums is small, just 1% to 2% declining over time—I let them know that we'd be closely reviewing their rate hikes.

It’s understandable that some insurance companies and their allies don't welcome this change. They've made large profits from the status quo. And it's not surprising—though still disappointing—that House Republicans have recently pledged to repeal the Affordable Care Act and get rid of these new consumer protections.

“If critics really want to go back to the days when insurance companies ran wild with no accountability, they should have the courage to say so openly instead of hiding behind distracting attacks. In the meantime, we're going to keep standing up for American families and small business owners who deserve a system that works for them.”

“He highlighted some new reforms that take effect at the six-month mark Thursday, including new coverage for preventive care and young adults being able to stay on their parents' health care plans until age 26.

“‘I thank you from the bottom of my heart,’ one woman present, Norma Byrne of Vineland, N.J., told the president, explaining she was benefiting from the law's provisions that are closing the prescription drug coverage gap in Medicare.”

 “Violet can still see the doctor. Violet can still be in the hospital for two weeks if she needs to for them to stop her seizures. Violet is going to be ok because of this.”

“For 23-year-old Gino Romiti, Thursday will be a day to celebrate.

“Six months after passage of the federal health reform law, major provisions will kick in that supporters say will make it easier for Americans to get and keep health insurance, including young people like Romiti.

“Romiti has taken a semester off school and is working at a clothing store in Walnut Creek that does not provide health insurance. He has been on his father's policy, but would have soon lost that coverage because he is not a student.

“That will change beginning Thursday, however, when he and other young people can remain on their parents' policies up to age 26.”

Up until now, insurance companies had been able to retroactively cancel your policy when you became sick, if you or your employer had made an unintentional mistake on your paperwork.

Under the new law, health plans are now prohibited from rescinding coverage except in cases involving fraud or an intentional misrepresentation of facts. Due to pressure from Democrats in Congress and the Obama Administration, insurers agreed to begin implementing this protection early, this spring; so rescissions are now a thing of the past. This protection applies to all health plans.

"Approximately 10,700 people’s coverage, whose coverage is dropped each year because they get sick or make a technical mistake on their application, will be protected under the new law." (White House) 

Each year, thousands of children who were either born with or develop a costly medical condition are denied coverage by insurers. Research has shown that, compared to those with insurance, children who are uninsured are less likely to get critical preventive care including immunizations and well-baby checkups. That leaves them twice as likely to miss school and at much greater risk of hospitalization for avoidable conditions.

The new law prohibits insurance plans both from denying coverage and limiting benefits for children based on a pre-existing condition. This protection applies to all health plans, except “grandfathered” plans in the individual market. These protections will be extended to Americans of all ages starting in 2014.

"Up to 72,000 uninsured children are expected to gain coverage by banning insurers from refusing them coverage due to a pre-existing condition. Coverage for up to 90,000 children will no longer exclude benefits because of a pre-existing condition."  (White House) 

Young people are the most likely to be uninsured – with currently one in three young people having no health coverage. One reason is that young people are less likely to be offered coverage through their jobs.

Under the new law, insurance companies are required to allow young people up to their 26th birthday to remain on their parents’ insurance plan, at the parent’s choice. This provision applies to all health plans. (For employer plans, only those young people not eligible for their own employer coverage receive the benefit, until 2014.) Learn more about the young adults insurance policy. 

"Up to 2.4 million young adults, up to 1.8 million who are uninsured and nearly 600,000 who purchase coverage in the individual market, could gain coverage through their parents." (White House)

Millions of Americans who suffer from costly medical conditions are in danger of having their health insurance coverage vanish when the costs of their treatment hit lifetime limits. These limits can cause the loss of coverage at the very moment when patients need it most. Over 100 million Americans have coverage that imposes such lifetime limits. The new law prohibits the use of lifetime limits in all health plans.

"Up to 20,400 people who typically hit their lifetime limits on the dollar amount that can be spent on coverage, along with the nearly 102 million enrollees who have policies with lifetime limits, will no longer have to worry about hitting their benefits caps." (White House)

Even more aggressive than lifetime limits are annual dollar limits on what an insurance company will pay for health care. Annual limits are less common than lifetime limits – but 19% of individual market plans and 14% of small employer plans currently use them.

The new law phases out the use of annual limits over the next three years. For plan years beginning on September 23, 2010, the minimum level for the annual limit will be set at $750,000. This minimum is raised to $1.25 million in a year and $2 million in two years. In 2014, all annual limits are prohibited. The protection applies to all plans, except “grandfathered” plans in the individual market.

"By 2013, up to 3,500 people will gain coverage as a result of the ban on annual limits that insurers impose on nearly 18 million people today." (White House)

Today, too many Americans do not get the high-quality preventive care they need to stay healthy, avoid or delay the onset of disease, and lead productive lives. Nationally, Americans use preventive services at about half the recommended rate.

Under the new law, insurance companies must cover recommended preventive services, including mammograms, colonoscopies, immunizations, and pre-natal and new baby care, without charging deductibles, co-payments or co-insurance. Learn more about preventive care benefits.

"Up to 88 million people will have access to preventive care with no out of pocket costs." (White House)

Today, if your health plan tells you it won’t cover a treatment your doctor recommends, or it refuses to pay the bill for your child’s last trip to the emergency room, you may not know where to turn. Most plans have a process that lets you appeal the decision within the plan through an “internal appeal” – but there’s no guarantee that the process will be swift and objective. Moreover, if you lose your internal appeal, you may not be able to ask for an “external appeal” to an independent reviewer.

The new law guarantees the right to an “internal appeal.” Also, insurance companies will be prohibited from denying coverage for needed care without a chance to appeal to an independent third party. Learn more about appealing health plan decisions.

"Up to 88 million people will benefit from the new appeals process provisions by 2013." (White House)

Being able to choose and keep your doctor is highly valued by Americans. Yet, insurance companies don’t always make it easy to see the provider you choose. One survey found that three-fourths of the OB-GYNs reported that patients needed to return to their primary care physicians for permission to get follow-up care.

The new law: 1) guarantees you get to choose your primary care doctor; 2) allows you to choose a pediatrician as your child’s primary care doctor; and 3) gives women the right to see an OB-GYN without having to obtain a referral first.

"Up to 88 million people will benefit from the provision that protects primary care provider choice by 2013." (White House)

Many insurers charge unreasonably high cost-sharing for emergency care by an out-of-network provider. This can mean financial hardship if you get sick or injured when you are away from home.

The new law makes emergency services more accessible to consumers. Health plans will not be able to charge higher cost-sharing for emergency services that are obtained out of a plan’s network.

"Up to 88 million people will benefit from this provision." (White House)

“Healthcare providers would be subject to new screening measures based on their level of risk to federal health programs, under new proposed regulations released by the Centers for Medicare and Medicaid Services. The fraud, waste and abuse prevention measures were called for in the new healthcare reform law.

“The screening measures include database and licensure checks, unscheduled or unannounced site visits, even criminal background checks and fingerprinting for the highest-risk providers and suppliers to Medicare, Medicaid and the Children's Health Insurance Program. The proposed rule, which will be open for comment for 60 days, also establishes the criteria for six-month enrollment moratoriums to combat fraud and on payment suspensions during pending fraud investigations.”

…

“Improper payments cost federal health programs about $55 billion a year. The White House piggy-backed off the announcement to make the case that defunding healthcare reform, as some Republicans in Congress are advocating, would increase fraud.”

“But if some opponents of health reform in Congress get their way, these common sense rules will be stopped dead in their tracks.

“Opponents are threatening to defund the Affordable Care Act, which would effectively handicap implementation and enforcement of these new rules that would help crack down on criminals and protect seniors.

“This is just one example of the consequences of defunding the Affordable Care Act and one of the many reasons why we can’t afford to roll back the new law. If opponents of reform get their way, new anti-fraud policies aren’t the only provisions that will be prevented from moving forward.”

“The reasons for the rise to 50.7 million, or 16.7%, from 46.3 million uninsured, or 15.4%, were many: workers losing their jobs in the recession, companies dropping employee health insurance benefits, families going without coverage to cut costs. Driving much of the increase, however, was the rising cost of medical care; a Kaiser Family Foundation report shows workers now pay 47% more than they did in 2005 for family health coverage, while employers pay 20% more.”

“Among the new provisions of the health law that take effect later this month is a ban on something most people don't even know they have — a lifetime limit on benefits covered by their health insurance.

“Starting late next week, new health plans or plans that are renewed, won't be able to cap the dollar amount of benefits they cover. No more yearly caps either, though those limits will be phased out over three years, disappearing entirely in 2014.

“The change apply even to health plans that don't have to abide by some new rules because they were ‘grandfathered’ under the health law.”
…

“Until now, many people with expensive chronic conditions simply considered it their lot in life to have to change jobs every couple of years in order to maintain coverage.

“Take Edward Burke, of Palm Harbor, Florida. Burke, who has hemophilia, and has ‘capped out,’ as those with chronic conditions call it, twice in the past seven years. ‘I would have capped out four or five times,’ he says, but for the fact that the industry he works in, home health care, had been going through a series of mergers and acquisitions. So every time his company was bought and changed names, he was lucky enough to start with new health insurance — and a new lifetime limit.

“Burke estimates he spends about $900,000 per year on factor VIII, which replaces a clotting factor he lacks. That makes chewing through a lifetime limit of even several million dollars a matter of when, not if.”

“For many years, Ric and Jill Lathrop held their breath when the annual open enrollment period for their health insurance plan rolled around. Their two boys, now 12 and 14, have severe hemophilia, and each needs twice-weekly injections of a blood clotting replacement factor that costs roughly $250,000 per person per year. The couple lived in fear that their health plan would put a lifetime limit on their benefits.

“In 2005, that's what happened. The Oshkosh, Wis., hospital where Ric Lathrop worked as an MRI technician instituted a $2 million lifetime cap on benefits for the entire family. Rather than wait for their benefits to run out, the Lathrop family relocated to Illinois, where Ric Lathrop got a job at a hospital in Peoria; along with the job came insurance without lifetime limits.

“If that coverage had changed, the Lathrops might have had to move again . . . and maybe again. But the federal health-care overhaul makes further wandering unnecessary. Starting Sept. 23, the new law requires that when health plans renew their coverage for the coming year, they eliminate lifetime limits on coverage.

"It gives us a lot of reassurance to know our kids can have more freedom," says Jill Lathrop.”

• Requiring plans to allow young people up to their 26th birthday to remain on their parents’ insurance policy.
• Banning all health plans from dropping people from coverage when they get sick.
• Providing immediate access to insurance for Americans who are uninsured because of a pre‐existing condition. —This program is already in effect.
  

"Fifteen months ago, the Supreme Court’s conservative majority mowed past statutory language, Congressional intent and decades of precedent to make it much harder for older workers to prove age discrimination.

"... Fortunately, the court’s mangling of the Age Discrimination in Employment Act of 1967 need not stand. Legislation introduced last fall by Senator Tom Harkin of Iowa and Representative George Miller of California, both Democrats, would reverse the ruling, once again making the standard for proving age discrimination equivalent to the standard for proving discrimination on the basis of race, sex, religion and national origin.

"...So far, the measure has attracted no Republican co-sponsors. But standing in the way of fair treatment of older workers is bad policy and bad politics, especially at a moment of soaring unemployment and rising age discrimination claims." [emphasis added]

“Iowa school districts will split a pot of $96.5 million in federal funding intended to save or create education jobs.

“Districts will receive monthly payments throughout the 2010-11 fiscal year starting in September or October based on enrollment. In Northeast Iowa, that means a total of $2.35 million for Waterloo Community Schools, $885,245 for Cedar Falls Schools, $386,161 for Waverly-Shell Rock, $300,669 for Independence and $134,235 for Hudson.”

“More Austin Public School teachers will keep their jobs thanks to an estimated $1 million dollars in federal aid from the Education Jobs Fund.”

…

“The incoming aid helps ease the district’s projected $1 to 1.5 million deficit for next year, acting as an insurance against possible job cuts in the immediate future.”

“In these tough economic times, it is difficult for employers to keep up with skyrocketing health care costs for employees and retirees. Many Americans who retire before they are eligible for Medicare see their life savings disappear because of medical bills and exorbitant rates in the individual health insurance market… The Affordable Care Act’s Early Retiree Reinsurance Program will make it a little easier for employers to provide high-quality health benefits to their retirees as we work to put in place market reforms to lower costs for all.”

“With days to go before classes begin, the Broward County School Board gave the OK Tuesday for its superintendent to start recalling nearly 100 laid-off teachers and other teachers whose work has been curtailed.

“Broward schools will receive about $54 million to rehire teachers and other employees, thanks to a new federal stimulus package with $10 billion earmarked for education jobs.”

“Investing is scary these days. Is it safe to go back in the stock market? Is the bond market the place to be? With so much uncertainty, how can investors know where to put their money?"

“Unfortunately, fee disclosure is still lacking for investments made through 401(k) retirement plans. The Department of Labor, which oversees the plans, is finalizing a rule that will require more disclosure by plan providers, like mutual funds, to employers. It also plans to issue further rules to ensure disclosure to employees.

“Those are moves in the right direction, though investor protections would be even more secure if enacted into law. A bill that would require fees to be clearly disclosed on investors’ statements passed the House recently as part of a larger jobs bill. But as so often happens these days, the provision was stripped in the Senate. Representative George Miller, Democrat of California and sponsor of the measure, has pointed out that it does not mandate how much providers can charge and would cost taxpayers nothing. What it would do is alert both employers and employees to the often substantial amounts that fees siphon from workers’ accounts and, in that way, give them the information they need to shop and bargain for the best deal.

“When lawmakers return from summer break, they should bring the measure up again for a vote, and pass it without further delay.”

“The bill would send Missouri $292 million for Medicaid and $189.7 million to help cash-strapped schools rehire staff or prevent future layoffs. The education funding will save 3,000 jobs statewide and more than 1,200 in the 4th, 7th and 8th congressional districts. The Medicaid funding would help states meet other budget needs, such as keeping thousands of police officers, nurses and other public workers employed.”

“Montana will receive $38 million in Medicaid funding and $30.7 million to avoid layoffs, mostly of K-12 teachers, from the bill. The U.S. Education Department estimates that the money will save about 700 teachers' jobs in Montana.”

“Valley schools may be able to rehire teachers and shrink the size of classes when school starts now that a $26 billion jobs bill has become law.

“‘I guess there is such a thing as Christmas in August,’ said Ricardo Medina, superintendent of Coachella Valley Unified School District.”

“What we’re talking about is creating jobs for teachers, for firemen, for police, for nurses – the people that hold our public spaces together in this country. And we should not have our children lose a year’s education because the Republicans refuse to create jobs.

“And you know what they call teachers and firemen and nurses and policemen with jobs? You know what small businesses call them? They call them customers.”

This morning Chairman Miller appeared on MSNBC to explain why the House is returning from its 6-week district work period to vote on this important piece of legislation.

“Rep. George Miller, a Contra Costa County Democrat who chairs a House committee that deals with pensions, wants to clarify the ever-growing world of employee-directed savings plans, especially as companies dump traditional fixed-payment pensions. He favors requiring plain-English disclosure of pension choices and a list of fees printed on periodic statements. Good as these ideas are, they were shot down in the Senate after passing the House. Score one for the power of mutual funds, which oppose the reforms.

“The Labor Department changes are still a major improvement. But they aren't bolted into legal statute the way a Congress-passed law would be, and the fee disclosures won't take effect until next summer. Miller should try again.

“The 401(k) approach is built on individuals making the best choices for their retirement. But this idea works best only if investors have all the facts. Washington needs to provide rules to help workers make the right decision.”

“A small but growing band of U.S. manufacturers — including giants such as General Electric (GE), NCR (NCR) and Caterpillar (CAT)— are turning the seemingly inexorable offshoring movement on its head, bringing some production to the U.S. from far-flung locations such as China. Others that were buying components overseas are switching to U.S. suppliers.

“Ford Motor said Wednesday that it's bringing nearly 2,000 jobs to its U.S. plants by 2012 from suppliers, including those in Japan, Mexico and India.”

“… Ford has also committed to selling more of the cars you build around the world, including the Explorer that you manufacture right here -- we’re going to sell it in up to 90 countries.”

“The company recently announced that the Chicago plant is adding 1,200 new jobs. The positions were made possible by the new Department of Energy loans aimed at helping companies retool their plants to make more fuel-efficient vehicles.”

"The millions of dollars in fines levied pale in comparison to the value of the six lives lost and numerous other lives disrupted…However, the fines and penalties reflect the gravity and severity of the deadly conditions created by the companies managing the work at the site. No operation and no deadline is worth cutting common sense safety procedures. Workers should not sacrifice their lives for their livelihoods.”

“O&G Industries of Torrington stood to gain a $19 million incentive if it finished construction early on the Kleen Energy plant in Middletown, federal officials said as they issued $16 million in fines to O&G and other firms for the Feb. 7 explosion at the plant that killed six workers and injured several dozen.”
…

“The Courant has reported that workers were logging 84-hour weeks at the plant in the days and weeks leading up to the natural gas explosion, and the owners were pressing for a May/June opening – five months before regulators expected the plant to be ready.”

“The Kleen Energy explosion is just another example of the tragic results of putting production, in this case completing construction, ahead of safety. OSHA’s significant proposed fine for safety violations resulting in the deaths of six workers should be a wakeup call for those who callously disregard accepted safety practices in order to meet deadlines.”    

1. Guatemala
2. Dominican Republic
3. Colombia
4. Nicaragua

“…the House approved a separate bill to extend whistleblower protections to oil and gas workers who report hazardous conditions or other problems. The whistleblower bill will be added to the oil spill legislation when it is sent to the Senate.”

“In light of the current tragedy in Gulf, I hope we can answer whether there is a better way to oversee and protect the health and safety of oil rig workers… The Deepwater disaster clearly demonstrates that the status quo is not good enough. We must do better.”

“Imagine a worker going to work and saying ‘get my affairs in order and let’s check my will.’ That’s what people do when they go to war and they shouldn’t have to do it when they go to work.”

• Prohibit an employer from discharging or otherwise discriminating against an employee who reports to the employer, or a federal or state government official that he or she reasonably believes the employer is violating the Outer Continental Shelf Lands Act (OCSLA).
• Protect covered employees who report injuries or unsafe conditions related to the offshore work, refuse to work based on a good faith belief that the offshore work could cause injury or impairment or a spill, or refuse to perform work in a manner that they believe violates the OCSLA.
• Establish a process for an employee to appeal an employer’s retaliation by filing a complaint with the Secretary of Labor, and allowing a jury trial if the Secretary fails to act in a timely manner.  
• Make an aggrieved employee eligible for reinstatement, back pay and compensatory and consequential damages, and, where appropriate, exemplary damages.  
• Require employers to post a notice that explains employee rights and remedies under this Act and provide training to the employees of these rights. 
  

• Provides whistleblower and anti-retaliation protections to workers on the Outer Continental Shelf.
• Protects worker safety by improving federal agency coordination.
  

• American Federation of Labor and Congress of Industrial Organizations (AFL-CIO)
  
• American Industrial Hygiene Association
• Appalachian Citizens’ Law Center
• BlueGreen Alliance
  
• Building and Construction Trades Department, AFL-CIO
• Change to Win
  
• Interstate Mining Compact Commission (second letter)
• National Consumers League
• State Building and Construction Trades Council of California, AFL-CIO
• The Leadership Conference on Civil and Human Rights
  
• UAW
• United Mine Workers of America
  
• United Steelworkers
• United Support & Memorial For Workplace Fatalities
  

1. 57 times
   
2. 326 times
   
3. 515 times
   
4. 100,000 times
   

“This committee has heard from too many families over the years who have suffered a great loss, as you have. I made a promise to them and I cannot forget that promise.

“I made a pledge to the families of Sago, Aracoma Alma, Darby and Crandall Canyon that we would do everything in our power to uncover the cause of those tragedies, to hold responsible parties accountable, and to prevent other miners from suffering a similar fate.”

“On Tuesday the House Education and Labor Committee will hear testimony from key industry players, including the federal Mine Safety and Health Administration, the United Mine Workers union, the National Mining Association and various mine safety experts.

“The committee chairman, Rep. George Miller, D-Calif., and 17 other House Democrats introduced legislation July 1 aimed at toughening safety enforcement.

“The bill would overhaul the system under which mines with persistently poor safety records are monitored and made to follow the law; increase maximum civil and criminal penalties for safety violations; require payment of penalties in a timely manner; give MSHA the power to close mines and subpoena documents and testimony; and protect miners who report safety violations.”

• Make Mines with Serious and Repeated Violations Safe – Criteria for ‘pattern of violations’ sanctions would be revamped for underground coal mines and other ‘gassy’ mines to ensure that operators which chronically and repeatedly violate mine safety standards or have high accident rates improve safety dramatically.
   
• Ensure Irresponsible Operators Are Held Accountable – Maximum criminal penalties would be increased for underground coal mines, and a sanction is established for mine operators who knowingly tamper with or disable safety equipment that could kill miners. Operators would be required to pay penalties in a timely manner.
   
• Give MSHA Better Enforcement Tools – MSHA would be given the authority to subpoena documents and testimony. The agency could seek a court order to close a mine when there is a continuing threat to the health and safety of miners. MSHA could require more training of miners in unsafe mines. MSHA will require contractors, in addition to operators, to report accidents and injuries and hours of work at each mine, and those filing reports would be held responsible for the accuracy of reports.
   
• Protect Miners Who Speak Out on Unsafe Conditions – Protections for workers who speak out about unsafe conditions in underground coal and other gassy mines would be strengthened and would guarantee that miners wouldn’t lose pay for safety-related closures. In addition, miners would receive protections allowing them to speak freely during investigations.
   
• Modernize Safety Requirements in Coal Mines – Increased rock dusting would be required to prevent coal dust explosions. Pre-shift reviews of hazards and violations in the mine must be communicated to incoming miners to ensure that they are not caught unaware.  Protocols for continuous atmospheric monitoring for methane and carbon monoxide will be developed by NIOSH and adopted by MSHA through regulations.
   
• Increase MSHA’s Accountability – The legislative outline provides for an independent investigation of the most serious accidents, which includes an assessment of whether there are gaps in MSHA’s oversight or regulation. It asks GAO to assess whether there are problems with timeliness of mine plan reviews.
   
• Guarantee Basic Protections in All Other Workplaces Under OSHA – To ensure that all workplaces have basic protections, whistleblower protections would be strengthened, criminal and civil penalties would be increased, and hazard abatement would be sped up. In addition, victims of accidents and their family members would be provided greater rights during investigations and enforcement actions. OSHA would be allowed to assert concurrent enforcement jurisdiction in states with OSHA state plans, if the state is failing  to maintain protections for workers that is at least as effective as federal OSHA.
  

Solution: The bill will put workplace health and safety whistleblower protections on a par with other more modern whistleblower laws found in the Consumer Product Safety Improvement Act, the Federal Railroad Safety Act and most recently in the Frank-Dodd financial services bill. It improves whistleblower protection by ensuring a claimant’s right to an adjudicative hearing and extends statutes of limitations from 30 to 180 days.

Solution: Increase civil penalties to keep up with inflation and establishes higher penalties when workers are killed due to the violation. It would also make criminal violations a felony instead of a misdemeanor.

Solution: Beginning January 1, 2015, OSHA must adjust civil penalties for inflation at least once every four years.

Solution: The bill would require employers to fix serious hazards during the contest period, instead of waiting until employer’s appeal is exhausted, which can take years. Employers would have the right to petition for a stay of an OSHA abatement order, if they can demonstrate likelihood of success on overturning the citation upon appeal and worker health and safety will not be adversely affected.

Solution: Corporate directors and officers would be liable for criminal violations that caused or significantly contributed to the cause death or serious injury.

Solution: Families of victims have the right to be heard in the investigative and enforcement process, and requires OSHA to establish family liaisons in every regional office.

Solution: The Secretary of Health and Human Services would appoint a five member independent investigative panel to investigate mine accidents with three or more deaths, chaired by a staff member from NIOSH’s Office of Mine Safety and Health Research. The investigation would identify all factors that caused or contributed to the accident, assess whether actions or inactions by MSHA, state regulators, operators or others contributed to accident; and review MSHA’s investigation report.

Solution: The legislation would allow MSHA to certify, recertify, and decertify mine foremen, superintendants and others if equivalent certifications were not established under state law. The bill would allow MSHA to charge a fee for certification. A grant program would be established to improve state mine certification programs.

Solution: The bill would require the use of greater amounts of rock dusting, which holds down the levels of combustible coal dust. The bill mandates new monitoring technology to provide real time rock dust measurements.

The bill would also require the National Institute of Occupational Safety and Health to advise MSHA on the feasibility of using continuous atmospheric monitoring systems to detect explosive levels of methane in underground coal mines.

Solution: The bill would require pre-shift communications to incoming miners on hazards and other problems in the mine.

Solution: The bill would allow MSHA to prescribe additional training beyond current law where a history of non-compliance or accidents indicates a need for additional training. MSHA would also be allowed to include a one-hour refresher training on worker rights and obligations in addition to the eight hours already required by law.

Solution: Contractors would be responsible for reporting injuries, illnesses and hours worked at each mine site. Reports to MSHA have to be signed by a responsible individual who holds a certification, which can be revoked for knowingly submitting a false report.

Solution: The legislation would give miners the right to refuse to work in unsafe conditions.

Solution: The bill would grant miners the right to refuse to work in unsafe conditions and would extend the statute of limitations for filing a whistleblower complaint from 60 to 180 days. Miners would be able to seek punitive damages in addition to back pay and reinstatement.

The bill would establish civil penalties for whistleblower violations of $10,000 minimum and $100,000 maximum for first whistleblower violation, and $20,000 minimum and $200,000 maximum for repeated violations in a three-year window. 

Criminal sanctions would be establish for those who knowingly retaliate with the intent to adversely impact directly or indirectly the employment or livelihood of those who provide information on health and safety conditions to MSHA or law enforcement officers.

Solution: Miners would have the right to meet with MSHA confidentially. The bill would also prevent mine operator attorneys from also representing individual miners unless the miners knowingly and voluntarily waived the conflict of interest.

Solution: Workers will get full pay after the first two shifts when a mine is temporarily closed by MSHA because of safety problems, and full pay thereafter to a maximum of 60 days. Current law only provides 7 days pay after first two shifts.  MSHA can also issue a mine closure order if a mine operator does not pay miners by the next pay period after the mine reopens. Mine operators would be provided a hearing and judgment within 30 days on any order that closes a mine and triggers payments to miners..  

Solution: The bill would provide underground coal miners working at mines “on pattern status” with protections from dismissal for three years, unless the employer has just cause based on reasonable job-related grounds or for other legitimate business reasons.

Solution: The legislation clarifies MSHA has the ability to close a mine that is considered a serial violator through a court injunction.

Solution: The legislation grants MSHA the ability to subpoena in conjunction with the agency’s investigations and inspections.

Solution: The legislation would require that inspections occur on all shifts and days of the week. If inspection times are unpredictable, operators will be motivated to work more safely across all shifts. 

Solution: Any person who knowingly provide advance notice of an inspection with the intent to impede, interfere or adversely affect the results of an inspection, could face a felony count, with a maximum five years in prison and a maximum penalty to $250,000 per individual and $500,000 per organization.

Solution: Criminal violations for knowing violations of safety standards that expose a miner to a significant risk of serious bodily injury or death in the first instance would be a felony for operators of underground coal mines (and other gassy underground mines)– with punishment of up to five years in jail for a first offense and a maximum of $1 million fine, or both, and ten years for the second offense or $2 million or both.   Knowingly tampering with or disabling a safety device which exposes miners to a significant risk of serious bodily injury or death is also punishable by imprisonment for up to 10 years and or a $ 2 million fine, or both.

Solution: Mines that are more than 180 days in arrears on paying fines, or failing to live up to a payment plan, would face a mine-wide withdrawal order until payments are made.  

Solution: Criteria for ‘pattern of violations’ sanctions would be revamped to ensure that dangerous underground coal mine operations fix chronic problems.

MSHA would have authority to close down an underground coal mine or a “gassy” underground mine once a ‘pattern of violations’ status is triggered. In order to reopen, underground mine operators have to comply with a remediation plan that can include additional training, added staffing, and an effective safety management program, and be subject to double the number of mine inspections and additional reporting requirements.

Mines would pay a fee to cover the cost of these added inspections and face doubled civil penalties for any violations if underground mines do not significantly improve compliance in 180 days. Underground mine operators subject to a ‘pattern of violation’ status would have the right to an expedited hearing from the Mine Safety and Health Review Commission.

MSHA would also put mines’ compliance history and the criteria for pattern status on the agency’s website.

Solution: The legislation will impose prejudgment interest on penalties that are sustained. It would also require the Review Commission to use MSHA’s penalty formulas, instead of vague statutory criteria. By making the system more predictable, there is less incentive to try to game the system by clogging the system and appealing cases regardless of their merit.

"As I have often said, slowing the rate of health care cost growth is the single most important action we can take to reduce our long-term fiscal shortfall. The report confirms that the enactment and successful implementation of the Affordable Care Act is a key step toward a healthier fiscal future:

• First, CBO reiterates that the Affordable Care Act will reduce the deficit by more than $100 billion in the current decade and more than $1 trillion in the decade after that — which represents the most deficit reduction enacted since the 1990s.
• Second, the report demonstrates the importance of successfully implementing the Affordable Care Act.  The report includes a scenario in which a number of the Affordable Care Act’s cost-saving measures are curtailed by Congress at the end of this decade and, not surprisingly, not implementing the Act results in significantly higher deficits.  Historically, Congress has generally stood by its enacted health care savings — which is also what statutory Pay-As-You-Go requires and our fiscal trajectory demands.  Nonetheless, in showing the results of this backward step, the report highlights why the Affordable Care Act is such an important step forward."
  

• Sentinel Mine, International Coal Group Inc (ICG), Wolf Run Mining Company
• No. 1 Mine (Now Bronzite III), Wolford Jeffrey (CONSOL Energy Inc), Jacob Mining LLC (Consol of Kentucky Inc)
• Justice #1, Massey Energy Co., Independence Coal Co.
• Black Castle Mining Co., Massey Energy Co., Elk Run Coal Co.
• Coalburg No. 2 Mine, Richard H. Abraham, Rio Group, Inc.
• Copley Trace Surface Mine, James H. Booth, Argus Energy WV, LLC
• Pond Creek Mine No. 1, Robert Helton, KWV Operations LLC
• Deep Mine No. 8, James H. Booth, Argus Energy WV, LLC
• Mine No. 6 (Now Laurel Fork Mine), Dick J. Plaster (CONSOL Energy Inc), Harvest-Time Coal Inc (Consolidation Coal Company )
  

• Criteria for ‘pattern of violations’ sanctions would be revamped to ensure that the nation’s most dangerous mine operations improve safety dramatically.

• Maximum criminal and civil penalties would be increased and operators would be required to pay penalties in a timely manner.  

• MSHA would be given the authority to subpoena documents and testimony. The agency could seek a court order to close a mine when there is a continuing threat to the health and safety of miners. MSHA could require more training of miners in unsafe mines. Increased rock dusting would be required to prevent coal dust explosions.  

• Miners would be granted the right to refuse to work in unsafe conditions. Protections for workers who speak out about unsafe conditions would be strengthened, and miners would not lose pay for safety-related closures. In addition, miners would receive protections so they can speak freely during investigations.  

• The legislative outline provides for an independent investigation of the most serious accidents.  It would require that mine personnel are well-qualified, and ensure that inspections are comprehensive and well-targeted. Requires pre-shift reviews of mine conditions and communication to ensure that appropriate safety information is transmitted.  

• To ensure that all  workplaces have basic protections, whistleblower protections would be strengthened, criminal and civil penalties would be increased, and hazard abatement would be sped up. In addition, victims of accidents and their family members would be provided greater rights during investigations and enforcement actions.

“BP has a history of cost cutting. They have a history of workers dying on the job. They have a history of failing to maintain their equipment that has led to environmental disasters. What we’re seeing in the Gulf of Mexico and along the coast today is just the latest example of BP playing Russian roulette with the lives of their workers, our precious environment, and local economies -- all in the name of increasing profit at what is already one of the most profitable corporations in the world."

• The Protecting Older Workers Against Discrimination Act will ensure that all Americans regardless of age will be able to seek justice when they are wronged on the job.  The bill will overturn the Supreme Court’s decision and ensure that workers with a legitimate claim will have their day in court. It would make the standard for proving age discrimination the same as those alleging race, national origin or religious discrimination.

• The conservative Supreme Court once again tipped the balance of justice in favor of the corporations and the powerful and against ordinary Americans. The court changed longstanding law that will make older workers have a much higher burden of proof than those alleging race, national origin or religious discrimination.

• It will be much more difficult to hold employers accountable for their illegal activity. Victims of age discrimination will now have to read their boss’ mind and prove that their boss would not have made the same decision absent consideration of age.   

• Prior law was fair and worked. Workplace discrimination laws exist to ensure that all people, of all ages and backgrounds, who work hard and play by the rules have the means to seek justice when they are treated unfairly on the job.

• These protections are especially important for our older workers, who are facing an uphill battle holding onto jobs in this economy. According to the EEOC, discrimination based on age has increased by 30 percent in 2008 alone.

• Once a job is lost, it’s often much more difficult for older workers to land a new job that may require different skills sets, pay cuts, or new educational degrees. Only 61 percent of workers age 55-64 who lost their jobs in 2005-07 had been re-employed as of January 2008, compared to 75 percent of those 25 to 54.

"Hi Deb and Sara. I'm still OK at 2:40 pm. I don't know what is going on here and outside. We don't hear any attempts at drilling or rescue. The section is full of smoke and fumes so we can't escape. We are all still alive at this time."

George Hamner Jr. wrote these words to his family while trapped, along with 12 other miners, after an explosion in their coal mine. Soon after, Hamner and 11 of his coworkers died at the Sago Mine in West Virginia. That was more than four years ago.

Unfortunately, the workers who go into our nation's mines each day, who produce the coal that heats our homes and lights our offices, still face the same hazards that have already led to far too many tragic deaths. In large part, this is because of an industry that has staunchly opposed reforms and has lobbied hard to stymie any real efforts to hold companies accountable for the safety of their workers.

On Sunday, our nation paused to commemorate the 29 fallen miners of the Upper Big Branch mine. Like George Hamner, these 29 miners lived in West Virginia. And like George Hamner, they died from an explosion that probably could have been prevented.

Today is the 21st anniversary of Workers Memorial Day, which honors the workers who lose their lives, become injured or develop an illness on the job each year.

Although Upper Big Branch was the worst U.S. mining accident since 1970, it was only one of three horrific workplace catastrophes during April alone. Last week, 11 workers died in an explosion on the Deepwater Horizon oil rig in the Gulf of Mexico. And three days before the blast at Upper Big Branch, seven workers perished in an explosion at the Tesoro oil refinery near Seattle, Washington.

These explosions are a reminder that, although we have made some strides in workplace safety, unacceptable risks still remain for our workers. The AFL-CIO reports that in the United States in 2008, 5,214 workers were killed on the job -- an average of 14 workers every day. We have to do better.

The causes of these recent explosions are under investigation. But clear and common traits exist in each of them: a pattern of serious safety violations and a corporate culture that valued production over workers' safety.

Take the Upper Big Branch mine12. Two months ago, my committee -- the House Education and Labor Committee -- learned the methods mine operators use to game the system and skirt some of the tougher sanctions implemented after the Sago explosion. While some companies have prioritized safety, others have responded by indiscriminately challenging nearly every violation.

By flooding the system with unwarranted appeals, these companies have been able to avoid stiffer accountability. The consequences of these delays can be deadly.

In August, the Mine Safety and Health Administration identified 48 mines that were able to escape tougher scrutiny because of these unresolved appeals. Upper Big Branch was one of them.

So was the nearby Pocahontas Mine, where a miner was killed last week.

Loopholes in our safety laws aren't exclusive to mining. Sadly, penalties for companies that violate health and safety laws are woefully outdated. Multimillion-dollar corporations often face little more than a slap on the wrist for potentially fatal violations.

Without effective enforcement, it's easy for bad actors to become repeat offenders. And without adequate whistle-blower protections, workers who want to report hazards often live in fear of retribution.

According to The New York Times, one Upper Big Branch foreman recalled, "I have had guys come to me and cry" because they were too afraid to report concerns about high methane levels in the mine. Workers shouldn't have to choose between losing their lives and losing their jobs.

These tragedies call for immediate reforms that will make all workplaces safer.

First, we must start to clear the backlog of mine safety appeals. There are more than 16,700 backlogged cases before the Federal Mine Safety and Health Review Commission -- and only 14 judges to handle them. Simple math tells us this isn't a workable equation; at least double that number of judges is needed to significantly reduce this backlog. Congress should immediately allocate funding to hire them.

Second, existing proposals should serve as a starting point for comprehensive workplace safety improvements. In 2008, I was the author of legislation that would have strengthened mine disaster prevention efforts, improved emergency responses and reduced long-term health risks to miners. The S-MINER Act passed the House but died in the Senate under a veto threat. We don't know whether it would have prevented the Upper Big Branch tragedy, but it certainly could have helped.

Finally, Congress should pass the Protecting America's Workers Act, which would modernize safety protections for workers across all industries through stronger penalties, whistle-blower protections and meaningful accountability when employers break the law.

Four years ago, I made a promise to George Hamner's widow, Debbie, and the many other families who lost a loved one that year in the Sago, Darby and Aracoma Alma mine tragedies. I told them we would do everything we could to heed the lessons of those disasters and keep other miners safe.

On this Workers Memorial Day, it's time to live up to this promise for all the families of workers who have lost their lives on the job and all working men and women across our country. We can't afford to let another year -- or four -- pass us by.

The accident occurred at about 3 p.m. at Massey Energy subsidiary Performance Coal Co.'s Upper Big Branch Mine-South.

Stricklin said at a briefing just after 2 a.m. Tuesday that 25 miners were killed in the explosion.

The explosion is the deadliest mine disaster in the United States since 1984, when 27 people were killed at a Utah mine.

Stricklin said the explosion is believed to have occurred near shift change as a crew was exiting the operation in a mantrip, an underground mine vehicle.

The Upper Big Branch Mine-South employs about 200 workers and last year produced about 1.2 million tons of coal, according to company disclosures filed with MSHA.

In seven of the last 10 years, the mine has recorded a non-fatal injury rate worse than the national average for similar operations, according to MSHA statistics.

Between 2008 and last year, safety violations at the operation more than doubled and fines issued by MSHA tripled, according to agency records.

$52.5 billion directly to communities with at least 50,000 residents – Mayors, County Officials and Governors would submit a statement to the need for the specific positions to the Department of Labor. The department would then distribute funding to communities based on the Community Development Block Grant formula.

Half of the funding will go to positions that would be eliminated due to ongoing budget shortfalls. Up to 25 percent of the funding can go to non-profit community organizations that provide services not customarily provided by local government employees. The remaining 25 percent may be used for creation of new jobs in local government.

$22.5 billion directly to governors to distribute to communities with fewer than 50,000 residents – Job creation funding will sent to towns, counties, or private non-profits outside of those communities eligible for the funding above. Local governments will apply to the governor for the funding.

Like support to larger communities, half of the funding may be spent on retention of positions slated for elimination, up to 25 percent of the funding can go to non-profit community organizations that provide services not customarily provided by local government employees. The remaining 25 percent may be used for creation of new jobs in local government. The governor must fairly distribute the funding among congressional districts, in proportion to each district’s rural population.

Funds may only be used for compensation of full-time, full-year positions.  “Full-year” defined to include school year positions. Local governments may expand existing services or restore services cut in the past five years. Positions are federally funded for two years.

Jobs are regular government or local community organization jobs. These jobs will be in pre-existing job titles, covered by union contracts, etc. Mayors and County Officials are not required to continue funding these positions once federal funding expires. Priority will be given to hire workers laid off from city positions, current unemployment insurance recipients and the long-term unemployed whose benefits have been exhausted.

These funds will be allocated by states to school districts and public institutions of higher education to retain or create jobs to provide educational services and to modernize, renovate, and repair public education facilities. Funding will be distributed the state fiscal stabilization fund formula as passed in the Recovery Act. States would then distribute funding to school districts based on each state’s education funding formula.

These funds will enable workers to acquire core job skills and important work experience for private employers.  Individuals will be able to earn a salary and learn a new job through the Workforce Investment Act.  Participants will gain core job skills and experience through training and close supervision by their employer.  

Support will be targeted directly to states and municipalities with the greatest number of people out of work to restore important local services. (Estimated funding and estimated jobs created and saved »)

Because of the recession, many local communities have cut back on education, public safety, childcare, health care, and transporta­tion. As a result, families who rely on these services are suffering the cost of these cutbacks.

By supporting the services local communities deem most necessary, the bill will help local governments avoid having to choose between eliminat­ing services and raising taxes.

By increasing employment in local communities, families will be able to start spending again at their neighborhood businesses and favorite restaurants. This will help spur additional jobs for local small businesses.

• $75 billion over two years to local communities to hire vital staff
• Funding for 50,000 on-the-job private-sector training positions
  

• $23 billion this year to help states support 300,000 education jobs
• $1.18 billion to put 5,500 law enforcement officers on the beat
• $500 million to retain, rehire, and hire firefighters
  

• Provides financial credits to make premiums and cost sharing more affordable for those who today simply cannot afford coverage and care.
• Expands Medicaid to cover those with the lowest income.
• Eliminates job lock and support a more mobile economy and entrepreneurship by ensuring continuous access to comprehensive, affordable coverage regardless of where you work or live, and regardless of your age and health status.
• Enacts real insurance reforms that will allow more people access to insurance and force insurance companies to compete on cost and quality rather than their current strategy of cherry picking only the healthy and young.
• Establishes shared responsibility among individuals, employers and the government so that all contribute to and benefit from a new system that guarantees quality, affordable coverage for all.
  

• Creates a new health insurance marketplace, called an Exchange, that will allow consumers to choose a health insurance plan that best meets their needs.  Ensures everyone has a place to access health care, including when they lose a job, as they age, or get sick.
• Requires insurers to cover essential benefits, including prevention and well child care, so that people know insurance will cover the items and services they need.
• Protects and improves Medicare by filling fill the Republican Medicare prescription drug donut hole, so that seniors will no longer be forced to pay the full cost of their medications during the current coverage gap.  And it makes additional improvements to Medicare to encourage the efficient delivery of high quality, well-coordinated care, eliminate waste, fraud and abuse, and extend Medicare solvency by more than nine years.
  

• Focusing spending on the highest needs;
• Ensuring that the reforms contain substantial proposals to reform care delivery and winnow fat from the system, while expanding access and care coordination; that includes payments to reward high quality care in Medicare, while improving benefits;
• Limiting growth in health spending;  and
• Identifying appropriate revenues to finance the remaining costs.
  

• In the decade after 2019, CBO projects that health reform reduces the deficit by as much as one-half of one percent of the national economy.
• That means deficit reduction of up to one trillion dollars or more.

• The President's proposal will provide $5 billion in immediate federal support for a new program to provide affordable coverage to uninsured Americans with pre-existing conditions. This provision is effective 90 days after enactment, and coverage under this program will continue until new Exchanges are operational in 2014.

• The President's proposal makes an immediate and substantial investment in Community Health Centers to provide the funding needed to expand access to health care in communities where it is needed most. This $11 billion investment begins in 2010 and extends for five years.

• The President's proposal eliminates pre-existing condition exclusions for all Americans beginning in 2014, when the Exchanges are operational. Recognizing the special vulnerability of children, the plan prohibits health insurers from excluding coverage of pre-existing conditions for children, effective six months after enactment and applying to all new plans.

• The President's proposal will create immediate access to re-insurance for employer health plans providing coverage for early retirees, effective 90 days after enactment. This re-insurance will help protect coverage while reducing premiums for employers and retirees.

• The President's proposal begins to fill the “donut hole” by giving seniors a $250 rebate to Medicare beneficiaries who hit the donut hole in 2010.

• The President's proposal will offer tax credits to small businesses beginning in 2010 to make employee coverage more affordable.
• Tax credits of up to 35 percent of premiums will be immediately available to firms that choose to offer coverage; later, when Exchanges are operational, tax credits will be up to 50 percent of premiums. The full credit will be available to firms with 10 or fewer employees with average annual wages of $25,000, while firms with up to 25 or fewer employees and average annual wages of up to $50,000 will also be eligible for the credit.
  

• The President's proposal will establish standards for insurance overhead and require public disclosure to ensure that enrollees get value for their premium dollars. The Managers’ Amendment tightened these standards, requiring plans in the individual and small group market to spend 80 percent of premium dollars on clinical services and quality activities, and 85 percent for plans in the large group market. Health insurance plans that do not meet these thresholds will provide rebates to their policyholders. This provision takes effect in 2011 and applies to all plans, including grandfathered plans, with the exception of self-insured plans.

• The President's proposal protects patients’ choice of doctors by allowing plan members to pick any participating primary care provider, prohibiting insurers from requiring prior authorization before and woman sees an ob-gyn, and ensuring access to emergency care. This provision takes effect six months after enactment and applies to all new plans.

• The President's proposal will require insurers to permit children to stay on family policies until age 26. This provision takes effect six months after enactment and applies to all plans for young adults who are not offered qualified coverage elsewhere. 

• The President's proposal will require coverage of prevention and wellness benefits and exempt these benefits from deductibles and other cost-sharing requirements in public and private insurance coverage. This provision takes effect six months after enactment and applies to all new plans and all plans in 2018.
• Beginning on January 1, 2011, Medicare beneficiaries will receive a free, annual wellness visit and will have all cost-sharing waived for prevention services.
  

• The President's proposal will prohibit insurers from imposing lifetime limits on benefits. This provision takes effect six months after enactment and applies to all plans.

• The President's proposal will tightly restrict insurance companies’ use of annual limits to ensure access to needed care, effective six months after enactment for all new health plans. These tight restrictions will be defined by the Secretary of Health and Human Services. When the Exchanges are operational, the use of annual limits will be banned for all plans in 2014.

• The President's proposal will stop insurers from rescinding insurance when claims are filed, except in cases of fraud or intentional misrepresentation of material fact. This provision takes effect six months after enactment and applies to all plans.

• The President's proposal will prohibit group health plans from establishing any eligibility rules for health care coverage that have the effect of discriminating in favor of higher wage employees. This provision takes effect six months after enactment and applies to all group health plans in 2014.

• The President's proposal will enable creation of a new website to provide information on and facilitate informed consumer choice of insurance options.

• The President's proposal will provide assistance to States in establishing offices of health insurance consumer assistance or health insurance ombudsman programs to assist individuals with the filing of complaints and appeals, enrollment in a health plan, and, eventually, to assist consumers with resolving problems with tax credit eligibility. This provision is effective beginning with fiscal year 2010.

• Access to Affordable Coverage for the Uninsured with Pre-existing Conditions
• Access to Quality Care for Vulnerable Populations 
• No Pre-existing Coverage Exclusions for Children 
• Re-insurance for Retiree Health Benefit Plans 
• Closing the Coverage Gap in the Medicare (Part D) Drug Benefit 
• Small Business Tax Credits 
• Ensuring Value for Premium Payments 
• Patient Protections 
• Extension of Dependent Coverage for Young Adults 
• Free Prevention Benefits 
• No Lifetime Limits on Coverage 
• Restricted Annual Limits on Coverage 
• Protection from Rescissions of Existing Coverage 
• Prohibits Discrimination Based on Salary 
• Public Access to Comparable Information on Insurance Options 
• Health Insurance Consumer Information 

• Beginning in 2014, annual limits and restrictions on pre-existing conditions and other decision-making based on health status would be banned. Meaningful health reform absolutely requires that pre-existing condition exclusions be outlawed – Americans should be able to get coverage regardless of their health conditions.
• Lifetime caps on benefits would be banned immediately.
• Young adults could stay on their parent’s insurance until age 26.
• Limitations are placed on insurers rating based on age and illness.
• Insurers must cover lifesaving preventative benefits and eliminate the cost sharing when accessing these benefits. 
• Administrative simplification requirements significantly reduce the red tape, and thereby reduce cost.
• Appeals standards are created to protect consumers. 
• HHS and the states would immediately begin to review and if necessary disapprove insurance company premium increases.
• In 2014, Health Insurance Exchanges are created that provide the opportunity for people to comparison shop for coverage that meets their needs.  The Exchanges can negotiate with insurers to protect consumers and ensure that they get the most value for their dollars.  Plans in these exchanges will be required to cover an essential benefits package and meet consumer protection requirements.  
  

• 56 million Americans who currently have insurance are subject to pre-existing condition restrictions that limit their insurance coverage because of their health history
• Almost 13 million individuals were denied coverage due to pre-existing conditions in the previous three years
• More than 1/3 of individuals seeking insurance are denied, charged higher premiums or offered limited coverage due to pre-existing conditions.
• Almost any condition can be considered a pre-existing condition – Blue Shield of CA considers adoption, AIDS, anemia, arthritis, back sprain, breast implants, cleft palate, infertility treatments, kidney stones, pregnancy, sleep apnea, ulcers, and varicose veins as possible pre-existing conditions.
• Young adults are the largest group of the uninsured in the U.S – more than one in four Americans (13 million) between the ages of 18-26 are uninsured, representing 30 percent of the uninsured.
• More than half of Americans in employer-sponsored coverage (approximately 90 million) are subject to an annual or lifetime limit.  As a result of meeting a lifetime limit cap, approximately 20,000 to 25,000 people with employer-sponsored plans were effectively uncovered and de facto uninsured in 2009.
  

• The combined profits for the top five insurance companies -- UnitedHealth Group Inc., WellPoint Inc., Aetna Inc., Humana Inc., and Cigna Corp. -- hit new highs in 2009 – $12.2 billion in 2009, an increase of $4.4 billion or 56 percent from 2008, with Cigna Corp. reporting a profit increase of 346 percent.   Yet 2.7 million Americans lost their private health insurance in 2009, with four of the five companies showing losses in private enrollment.
• Profits for the ten largest insurance companies increased 250 percent between 2000 and 2009, ten times faster than inflation. 
• Anthem Blue Cross of California recently tried to increase individual market premiums by up to 39 percent.  Anthem of Connecticut is requesting an increase of 24 percent and Anthem of Maine has requested 23 percent premium increases.  In addition, Blue Cross of Michigan has requested a premium increase of up to 56 percent and Blue Cross of Oregon has requested a 20 percent premium increase.
  

• Require insurers to disclose and justify their premium increases
• Require them to actually pay out more of your premium dollar in health benefits instead of using those funds for administration, executive compensation and profits
• And when reform is fully implemented, insurers whose rates have gone up too much can be limited from participating in the new coverage arrangements.
  

• Attacking fraud, abuse and waste in an unprecedented fashion
• Simplifying the bewildering array of insurance paperwork that patients, doctors and nurses have to deal with
• Developing innovative payment systems that will “bend the curve” by rewarding the efficient delivery of high quality, well coordinated, care.   
• And at the same time – improving – not cutting – benefits – in particular, filling the “donut hole” in Medicare drug benefits and ensuring continued access to the doctors that seniors know and trust.  
  

• Providing subsidies for premiums and cost sharing for those who can least afford coverage
• Requiring insurers to limit annual and lifetime expenses for those who need care the most
• Setting up exchanges where plans have to compete for business on price and quality, rather than simply cherry picking healthy people in order to turn a profit. 

• It makes insurance more affordable by providing one of the largest tax cuts for health care in history – reducing premium costs and helping over 31 million Americans afford health care.
• It sets up a new competitive health insurance market -- giving millions of Americans the exact same insurance choices that members of Congress have.
  
• It brings greater accountability by laying out commonsense rules of the road to keep premiums down and prevent insurance industry abuses and denial of care.
  
• It will end discrimination against Americans with pre-existing conditions.
  
• It reduces the deficit by $100 billion over the next ten years by cutting government overspending and reining in waste, fraud and abuse.

• It eliminates several “special deals” including the arrangement made for Nebraska;
  
• It includes a series of measures proposed by Republicans to eliminate waste, fraud and abuse;
  
• It includes a new provision to prevent arbitrary rate hikes like the recent 39 percent increase in California.
  

This morning, Think Progress reported that 111 Congressional Republicans, including 90 House GOPers, are taking credit for and/or seeking American Recovery and Reinvestment Act benefits for their home districts after voting against ARRA one year ago.

One thing is clear, after a disastrous eight years and a near economic collapse, House Republicans and Democrats agree that There’s an Act for That.

• $3.92 billion is requested for Training and Employment Services, an increase of $96 million.

• $261 million to establish two new innovation funds: a Workforce Innovation Fund in the Adult and Dislocated Worker programs and a new Youth Innovation Fund in the Youth program. The Workforce Innovation Fund and the Youth Innovation Fund will foster competition in the creation and evaluation of innovative means of providing improved job training and placement services to a larger population of workers at a low marginal cost;
• $85 million for green jobs training;
• $40 million for transitional jobs programs.
  

• $25 million for a joint effort with the Treasury Department to eliminate incentives in the law for employers to misclassify their employees as independent contractors, and enhances both agencies’ ability to penalize employers who do misclassify.
• $67 million to ensure worker protection agencies have the resources to handle health and safety, wages, and working conditions of the nation’s workforce.
• $50 million to establish a State Paid Leave Fund to provide competitive grants to help states cover the start up costs for paid-leave programs.
  

• The budget proposes a system to expand access to pensions to those who currently do not have access.
• Includes a proposal to modify the existing Saver’s Credit by providing a 50 percent match up to $1,000 in the form of a fully refundable credit.
  

There seems to be little to endear citizens to their legislature or to the president trying to influence it. It's too bad, because even with the wrench thrown in by Republican Scott Brown's election in Massachusetts, this Democratic Congress is on a path to become one of the most productive since the Great Society 89th Congress in 1965-66, and Obama already has the most legislative success of any modern president -- and that includes Ronald Reagan and Lyndon Johnson. The deep dysfunction of our politics may have produced public disdain, but it has also delivered record accomplishment.

The productivity began with the stimulus package, which was far more than an injection of $787 billion in government spending to jump-start the ailing economy. More than one-third of it -- $288 billion -- came in the form of tax cuts, making it one of the largest tax cuts in history, with sizable credits for energy conservation and renewable-energy production as well as home-buying and college tuition. The stimulus also promised $19 billion for the critical policy arena of health-information technology, and more than $1 billion to advance research on the effectiveness of health-care treatments.

Education Secretary Arne Duncan has leveraged some of the stimulus money to encourage wide-ranging reform in school districts across the country.

WASHINGTON, D.C. – In his first State of the Union address tonight, President Barack Obama discussed his administration’s efforts to rescue the economy and laid out a strong framework for rebuilding America’s middle class. President Obama also called on Congress to pass key pieces of legislation under the House Education and Labor Committee’s jurisdiction, including the Student Aid and Fiscal Responsibility Act, the reauthorization of the Elementary and Secondary Education Act, and comprehensive health insurance reform. U.S. Rep. George Miller (D-CA), the Chairman of the House Education and Labor Committee, issued the following statement on the President’s remarks:

1. Protections Against Insurance Company Discrimination And Losing Coverage When You Get Sick.  People who have been denied coverage because of a pre‐existing condition will finally have access to affordable coverage. Insurers will no longer be able to drop your coverage when you get sick and are in the middle of treatment.
   
   
2. Insurance Security If You Lose Your Job. Never again will you lose access to insurance if you get laid off or switch jobs.
   
   
3. Relief For Small Businesses And Employers, Jobs For Americans. Small businesses and employers getting crushed by soaring health care costs will see lower costs, allowing them to create as many as 4 million more jobs over the next decade.
   
   
4. No Annual Or Lifetime Limits On Coverage. Never again will you be subject to annual or lifetime limits on what insurance companies will pay, protecting millions of Americans from the threat of medical bankruptcy.
   
   
5. Free Preventive Care. Insurers will be required to offer free preventive care, lowering your out‐of‐pocket expenses and helping ensure that diseases or conditions can be caught early on.
   
   
6. Independent Consumer Advocates And Sunshine On Rate Increases. For the first time, consumers will have independent advocates dedicated to upholding consumer protections, answering their questions, and helping with any problems related to their plans. Insurance companies will be required to disclose their rates to consumers – discouraging them from runaway rate increases.
   
   
7. Lower Drug Costs For Seniors, Lower Premiums For Early Retirees. Seniors who fall into the Medicare Part D donut hole will see lower prescription drug costs as immediate steps are taken to close the donut hole. Employers who cover their early retirees will receive temporary funds to help offset the cost of expensive claims for retirees’ health benefits – lowering premiums and protecting coverage for early retirees.
   
   
8. Better Access And Stronger Protections For Women. Prohibits insurers from charging women more than men for health insurance or discriminating on the basis of domestic violence as a pre‐existing condition. Required maternity services as part of the essential benefits package in the exchange.
   
   
9. Extended Coverage For Young Adults. Young adults will now be able to stay on their parents’ insurance much longer, through their 26th or 27th birthday.
   
   
10. At Least 30 Million More Americans Will Finally Have Health Insurance. Health reform will finally guarantee access to quality, affordable health insurance for 30‐35 million Americans who don’t have coverage today, also eliminating the annual hidden tax of $1,100 that American families pay to cover the cost of the uninsured. While the official health insurance exchanges are being created, a temporary insurance pool will be available for individuals with pre‐existing conditions or chronic illnesses.
    
    

WASHINGTON, DC – U.S. Reps. Henry A. Waxman (D-CA), Charles B. Rangel (D-NY), and George Miller (D-CA), the chairmen of the three committees with jurisdiction over health policy in the U.S. House of Representatives, issued the following statement today on a new report released by the Center for American Progress showing that the health reform legislation pending in Congress will significantly lower health care costs for businesses, add as many as 4 million jobs over the next decade, and increase workers’ wages.

• Ensure that 30 to 35 million Americans will have health insurance coverage.
• Prevent insurance companies from discriminating or charging more because of a preexisting condition.
• Prevent insurance companies from dropping coverage during life-saving treatment.
• Ensure that laid-off workers won't lose insurance.
• Eliminate annual or lifetime caps on coverage.
  

• News of the Day: If health care bill passes, some changes would start fast
• News of the Day: Sick, without a safety net
  

WASHINGTON, D.C. – The U.S. House of Representatives approved legislation today to create urgently needed new jobs for construction workers, teachers, police officers, firefighters and others, and to extend critical assistance for the unemployed and those who have lost health insurance. The Jobs for Main Street Act is the most recent step in Congress’ year-long effort to rescue the economy and stem the crippling impacts of the worst recession in generations.

WASHINGTON, D.C. – U.S. Rep. George Miller (D-CA), chairman of the House Education and Labor Committee, issued the following statement on yesterday’s introduction of the Comprehensive Immigration Reform for America's Security and Prosperity Act of 2009 by U.S. Rep. Luis Gutierrez (D-IL) and other members of Congress.

“Yesterday’s introduction of comprehensive reform by Rep. Gutierrez represents a positive step forward in the debate to fix our nation’s broken immigration system. I am especially pleased that the bill includes the Indentured Servitude Abolition Act, legislation I introduced that would end widely documented abuses of foreign guest workers and hold unscrupulous labor recruiters responsible for the promises they make. I commend Rep. Gutierrez and other members for introducing this bill on a topic of great importance to our nation.”

For more information on the Indentured Servitude Abolition Act, click here.

WASHINGTON, D.C. – Today the House passed the Consolidated Appropriations Act, which includes critical investments in education, worker training, job creation, and other priorities that will help the U.S. economy move toward recovery. U.S. Rep. George Miller (D-CA), the chairman of the House Education and Labor Committee, released the following statement:

Washington, DC—Today the House of Representatives passed legislation originally authored by Congressman Tim Bishop (NY-1) to ensure that flight crews are treated fairly and are able to qualify for Family Medical Leave Act (FMLA) benefits. The bill now goes to President Obama for his signature.

The nonpartisan Congressional Budget Office said the $787 billion stimulus package approved in February lowered the nation’s unemployment rate by between 0.3 and 0.9 percentage points.

That’s a boost for the administration, which faced renewed questions last month over how many jobs the stimulus has produced after the Government Accountability Office said it found “significant” problems with the White House’s tally. The administration has estimated the stimulus created or saved 640,329 jobs through October.

The report by the CBO, released yesterday, “leaves no doubt that the economy would be in much worse shape if the recovery act had not been implemented,” said House Education and Labor Committee Chairman George Miller, a California Democrat. “As the Obama administration and Congress continue to explore additional strategies to create jobs and build a foundation for long-term economic growth, it is critical to acknowledge the progress that has already been made.”

...

The CBO said the White House’s 640,329 jobs figure underestimated the number created or saved because it only includes reports from entities receiving federal grants, contracts or loans through the stimulus package. That doesn’t include jobs created indirectly through tax cuts or the effect of expanded unemployment benefits that were part of the legislation. Those benefits “probably had substantial effects on purchases of goods and services and thus on employment,” the CBO said.

Visit the House Education and Labor Committee and you get a sleek Web site with a legislative calendar, embedded videos, a blog, recent markups and RSS feeds.
...
The panelists graded committee Web sites for design and content on an ascending scale of 1-10. Sites were ranked based on the average combined scores, out of a possible 20 points.

House committee sites fared better in our review, scoring an average of 12.7 total points, compared to 11.8 total points for Senate sites. The top-rated sites featured legislative calendars, effective use of YouTube and social media, FAQ pages, up-to-date committee news and crisp, clean homepage designs.

WASHINGTON, D.C. – U.S. Rep. George Miller (D-CA), chairman of the House Education and Labor Committee, and Rep. Lynn Woolsey (D-CA), chair of the Workforce Protections Subcommittee, today released a statement on the federal Occupational Safety and Health Administration’s announcement of a record $87 million proposed fine against BP Products North America for its failure to correct serious health and safety standards at the company’s Texas City, Texas refinery – the location of a 2005 explosion that killed 15 and injured 180 and has killed four more since.

WASHINGTON, D.C. – U.S. Reps. George Miller (D-CA), chairman of the House Education and Labor Committee, and Lynn Woolsey (D-CA), chair of the Workforce Protections Subcommittee, today applauded the federal Occupational Safety and Health Administration’s issuance of an advance notice of rulemaking to prevent combustible dust explosions like the one that occurred at the Imperial Sugar refinery in February 2008 that killed 14 workers and injured dozens.

The unemployment rate for 16 to 19-year-olds hit 25.9% in September, the highest rate recorded since at least 1948 (the earliest data the Labor Department supplies).

Lately, their plight hasn’t been falling on deaf ears. The House Education and Labor Committee held a hearing earlier this week to address low unemployment among young people.

“Indeed, because of the horrible economy, younger workers are now competing with more experienced workers for positions traditionally [in] the domain of the young and less experienced,” Rep. George Miller, a California Democrat and the committee chairman, said according to prepared remarks. “Until the economy as a whole turns around, younger workers will continue to be hit the hardest.”

At least things don’t appear to be getting worse for the 20-somethings lately. The unemployment rate for 20 to 24-year-olds dropped to a still-high 14.9% in September. It’s the second month the group’s unemployment rate decreased.

Employers throttled back on layoffs in July, cutting just 247,000 jobs, the fewest in a year, and the unemployment rate dipped to 9.4 percent, its first decline in 15 months.

• Modernizing our schools and universities – creating green jobs
• Investing in early education
• Helping states prevent teacher layoffs and other critical public sector jobs
• Training workers for 21st century jobs
• Creating service and volunteer opportunities to rebuild America

• Three-quarters of those who will benefit from this wage increase are 20 years old or older.
• More than half are families with yearly incomes of less than $35,000.
• Over sixty percent of them are women, and over 400,000 of them are single parents with kids under 18. And over two million children will benefit from this boost in their parents’ wages.
  

• AARP
• AFL-CIO
• American Academy of Nursing
• American College of Obstetricians and Gynecologists
  
• American College of Physicians
• American College of Surgeons
• American Federation of State, County and Municipal Employees
  
• American Medical Association
• American Nurses Association
  
• American Osteopathic Association
• American Psychiatric Association
• American Public Health Association
• Campaign for Tobacco-Free Kids
• Communications Workers of America
• Consortium for Citizens with Disabilities
  
• Consumers Union
• Doctors for America
• Families USA
• Healthcare for America Now
• International Union of Bricklayers and Allied Craftworkers
• International Association of Fire Fighters
  
• Main Street Alliance
• National Association of Community Health Centers
• National Breast Cancer Coalition
• National Coalition on Health Care
• National Council for Community Behavioral Healthcare
  
• National Medical Association
• National Women’s Law Center
• SEIU
• United American Nurses
• United Auto Workers
• United Steelworkers
• YMCA
  

• Increasing choice and competition.
• Giving Americans peace of mind. 
• Improving quality of care for every American.
• Ensuring shared responsibility.
• Protecting consumers and reducing waste, fraud and abuse.

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