Scott Statement at Opening of FY17 NDAA Conference Committee

WASHINGTON, D.C. – Today, the House and Senate convened the FY 2017 National Defense Authorization Act conference committee. Congressman Bobby Scott (VA-03), the Ranking Member of the House Committee on Education and the Workforce, was appointed a conferee for the education and labor provisions contained in the House and Senate versions of the FY 2017 National Defense Authorization Act.

Below is Congressman Scott’s opening statement as prepared for delivery from today’s conference meeting:

“Thank you Chairmen Thornberry and McCain, and Ranking Members Smith and Reed. I appreciate the opportunity to outline the views of the Education and the Workforce Committee Democrats.

“But before I begin discussing my committee’s priorities, I must briefly mention my strong support for the House version’s shipbuilding and ship maintenance provisions. I have the honor of representing Hampton Roads, Virginia, the heart of our nation’s shipbuilding industrial base. The House bill’s procurement of additional ships, directing the Navy to construct aircraft carriers every four years as opposed to every five years, and additional funding for ship repair and maintenance programs will not only significantly benefit my region, but will be critical for our nation’s security. I’d like to commend Congressman Forbes and Congressman Courtney for their efforts in this area of the House bill and I hope the conference committee will maintain these provisions.

“As the Ranking Member of the Education and the Workforce Committee, let me begin by voicing my support for Section 1098E, the House provision to improve workplace safety in the shipbuilding sector by codifying the Maritime Safety and Health Advisory Committee in the Occupational Safety and Health Administration. This provision has the support of Defense shipyard contractors and the unions representing maritime trade workers.

“However, I must express my reservations with the provision to redefine “recreational vessels” in Section 3512 of the House bill. This provision is intended to exempt workers repairing vessels over 65 feet in length from the Longshore and Harbor Workers Act. There have been no committee hearings regarding this provision. Unfortunately, it will shift workers into state workers’ compensation programs, which provide lower levels of benefits.

“Regarding the education provisions in this bill, I understand that there is an agreement to include both House and Senate amendments to Impact Aid. Our Committee Democrats support that agreement. But I share the concerns of my Senate counterparts on the HELP Committee regarding Section 578 of the Senate bill which would impose new federal background check requirements, but only for those employees working in Department of Defense (DoD) schools and school districts in receipt of Impact Aid funding. This provision would subject Impact Aid school districts to a federal standard not imposed on districts receiving other federal education funds. Additionally, the Department of Defense is currently moving forward with a rule to address background checks for its schools, so Education and the Workforce Committee Democrats are not in favor of maintaining this section in the final conference report.

“Finally, I would like to call the attention of conferees to two workplace provisions that should be removed in whole.

“Several have already mentioned Section 1094 of the House bill, which has the misleading label, ‘Protections Relating to Civil Rights and Disabilities.’ This section would allow contractors that are religious organizations to circumvent workplace non-discrimination provisions under the Civil Rights Act of 1964 and the Americans with Disabilities Act. This provision authorizes private religious employers to discriminate in hiring using federal funds. This provision is not in the Senate bill and has no place in the final Defense conference report.

“Also, House Section 1095 and Senate Section 829-I would eliminate or diminish the application of the ‘Fair Pay and Safe Workplaces’ Executive Order to defense contractors. The executive order requires companies to disclose whether they have engaged in repeated, willful or pervasive violations of any of the 14 long-standing labor laws, including the Fair Labor Standards Act, the Occupational Safety and Health Act, the Vietnam Era Veterans Readjustment Assistance Act, and non-discrimination laws. The executive order aims to ensure that companies entrusted with taxpayers’ dollars provide fair, safe, and equitable workplaces and ensures that those who repeatedly violate those laws do not get a competitive advantage over those contractors who are in compliance. This executive order enjoys support from a broad range of organizations, from the Easter Seals and Paralyzed Veterans of America to the Mechanical Contractors Association and the Leadership Conference on Civil Rights.

“I look forward to working with the conferees to resolve these issues. Thank you.”

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