Mr. Speaker, I thank the gentleman for yielding me the customary 30 minutes, and I yield myself such time as I may consume. Mr. Speaker, I rise in opposition to the rule, one that provides for…
Mr. Speaker, I thank the gentleman for yielding me the customary 30 minutes, and I yield myself such time as I may consume.
Mr. Speaker, I rise in opposition to the rule, one that provides for consideration of H.R. 1343, the Encouraging Employee Ownership Act.
I strongly support the underlying legislation. I wish it had been brought forward to the floor under an open rule that allowed Democrats and Republicans to freely offer amendments that could be adopted by a simple majority vote.
Before we get to the specifics of the bill, I want to talk about the importance of employee ownership. I join my friend and colleague from my neighboring district in Colorado in extolling the virtues of employee stock ownership, of ensuring that employees in the company are stakeholders and able to benefit from the value that is being created.
You know, we have different stakeholders in our economy, and when you look at a company, you have different stakeholders that that company is responsible to and caters to: You have the shareholders, you have the employees, and you have the customers. In running a company, as I have done, it is always a constant balancing act to make sure that you are able to satisfy the legitimate demands of all those various stakeholders.
Now, one of the things that has been out of whack in our economy the last few decades is that a disproportionate share of the value creation has gone to the shareholders and the customers, often to the detriment of the employees.
Now, everybody has benefited as consumers and as customers with revolutions in prices and consumer technology. It is so exciting to see people, you know, where a flat screen television used to be out of reach, you now see them in nearly every home; and, in many cases, they cost less than a television would have cost that was significantly smaller 10 years ago--not to mention the remarkable mobile computing devices that middle class families and working families carry in their pockets with them that contains more processing power than a $3,000 computer did just a decade ago.
Consumers have benefited and shareholders have benefited. There has been an unprecedented increase in private equity markets, in stocks, a huge amount of value creation in the American economy, both on the balance sheet as well as in the market valuation of companies.
Now, the issue is that, while all of this has happened, wages have largely stagnated. A lot of the increases in efficiency and economic growth have gone to benefit consumers and shareholders. Employees and workers have felt, legitimately so, that they haven't seen their share of value creation.
Now, there are a number of reasons for that. One of those has been the weakening of the union movement that gave workers a collective voice. But if you look at what some of the remedies are, really none can make a bigger impact than employee stock ownership. This bill doesn't change the ball on that. It is a positive step.
There are a lot of other ideas that I hope we can talk about in a bipartisan way. Fundamentally, we need to create an economy that works for everyone, one in which employees and workers can directly benefit from the increase in value of the firm that they helped create. And what better way to do that than employee stock ownership in a variety of models and options for that. This bill deals with one; but we have ESOPs, we have co-ops, we have employee stock option plans, to name a few.
Companies find that it is in their interest to help improve morale and maintain a stable employee base to align the incentives of employees with shareholders and, of course, to help align the success of our economy with the success of all the stakeholders in our economy.
H.R. 1343 is a bipartisan bill. It was passed last year; it will pass again overwhelmingly this year. It sends a strong statement that Democrats and Republicans in the House of Representatives want to make employee stock ownership easier. Hopefully, this is a starting point rather than an ending point.
The two other bills the Chamber is considering are also bipartisan, and I am hopeful that they can move forward expeditiously.
Now, that stands in stark contrast to some of the other actions of this Chamber, for instance, the 15 Congressional Review Act resolutions which simply sought to undo some of the positive steps that President Obama took rather than put forward a proactive agenda of where Republicans actually want to lead the Nation.
We also spent countless hours debating healthcare legislation that, thankfully, didn't go anywhere because it would have left 24 million Americans without health insurance and increased premiums by 15 to 20 percent for those who were lucky enough not to lose their insurance altogether.
I am glad that we have been able to move past that towards a more bipartisan discussion here that will fundamentally help American innovators and entrepreneurs and help lead to a fair economy that works better for everybody, that shows that Democrats and Republicans can work together to create a real solution that addresses a real problem and takes a first step towards creating an economy that works for workers, consumers, and shareholders.
I am hopeful that we can continue this trend after the district work period and move forward on bipartisan legislation that will simplify our complex Tax Code and realign incentives in
a positive way, fix our broken immigration system, and make sure that we have the infrastructure we need for our country to succeed in the 21st century. I hope that my colleagues are encouraged by the strong bipartisan show of support for H.R. 1343 and we can work together to bring more bipartisan legislation to the floor instead of divisive bills that make problems even larger.
This bill, very simply, updates an SEC rule from 1999 that will allow private companies to offer employees a greater stake in the place they work without requiring additional paperwork or regulation--a simple and good idea.
Currently, a private company that offers over $5 million in securities through compensation for employees is required to provide additional disclosures which can, A, often serve as a detriment to going over the $5 million in compensatory stock for their employees, and, B, take up costs, administrative overhead, should they choose to proceed. H.R. 1343 simply raises that threshold from $5 million to $10 million, and this legislation gives a private company more flexibility to reward and retain employees of all levels.
Employee ownership of various structures has benefits to both the company, the employees, and the overall economy. It helps align the interests. It results in more productivity, higher employee retention. It can help make a business more profitable and more sustainable. It helps make the American economy and the amazing value that is created work for everybody rather than just one of the stakeholder groups.
For many startups and small businesses, giving employees a stake in the business is a great way to provide an additional benefit, an incentive. It gives companies flexibility to attract new employees when they are starting up, to retain talent as a company grows and matures.
Providing workers stakes in their company helps strengthen their retirement savings. Employee stock ownership plans, or ESOPs, are a type of retirement plan that offers employees an ownership stake without upfront costs. In Colorado, there are 118 businesses that use employee-owned ESOPs as a way to promote employee ownership.
A good example of an ESOP is Fire Safety Services. The owner, Jeff, wanted to offer his employees a stake in the business. He converted his business to an ESOP, an employee-owned company, that allowed him to create a succession plan so the business can stay locally owned by the people who worked to create the value. Jeff noted that, after the conversion, employee morale was up and sales were up.
One of our most famous examples of employee-owned companies is in my district in Fort Collins, Colorado: New Belgium Brewing. From the perspective of the employees, New Belgium has a very strong corporate culture of personal and collective growth. The employee owners are concerned about their own professional development and that of their colleagues. They have a vested stake in the management, economic health, and stability of the company.
This bill is a commonsense approach and makes it easier for companies to give their employees ownership opportunities. It is a small first step towards encouraging an economy that works for everybody.
Now, I want to make sure that this legislation helps employees at all income levels have access to ownership opportunities and that workers' retirement savings are not put in jeopardy by an overconcentration in company stock. That is why I offered an amendment requiring GAO to do a study on the impact of this legislation on employee participation and ownership and the effect this legislation has on securities held by retirement plans that are governed by ERISA.
I very much look forward and am grateful that the rule has made in order my amendment. This study will give us important information on how these changes impacting employee ownership also affect retirement. It will give this body information that we need to move forward.
The example of my amendment is an example of the many great ideas that Democrats and Republicans could have brought forward had this been brought forward under an open rule. What better bill to bring forward under an open rule than this kind of bipartisan bill where there is nobody in this body who is trying to undermine or sabotage this bill?
There may be some Members who vote against it on both sides, I don't know, but the overwhelming majority are for it. I think there are Democrats and Republicans with great ideas who would love the opportunity to take 10 or 15 minutes--10 minutes as I am afforded under this rule. How many other Republicans and Democrats would love that same opportunity to offer amendments to improve this bill to make it even better?
The good news is employee ownership is not a partisan issue. Employee ownership strengthens our economy, helps small and medium-sized and large businesses across our entire economic spectrum create and retain jobs, and promotes an increased retirement savings for the middle class. These companies are often anchor businesses in our communities that go beyond offering jobs but are involved with sponsoring Little League or being involved with community nonprofits by giving back, by helping local charities and helping support an ecosystem of entrepreneurship by helping other entrepreneurs get off the ground through mentorship networks and angel funding networks.
I am a strong supporter of this bill and, of course, want to point out that it is simply a starting place. We have a long way to go with encouraging employee ownership in all of its forms--ESOPs, co-ops, stock options, outright stock grants--and any other ways that we can come up with or that the private sector can come up with that allow a stake in the company and in the value being created to reside with the employees, aligning their incentive, making our economy work for everybody, and ensuring that stakeholders have balanced benefits from our overall growth.
I support this bill. I wish it had been brought to the floor under an open rule. I oppose the rule.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield myself such time as I may consume.
You know, the beauty of an open rule, which we did see when the Democrats had the majority and we have not seen since the Republicans took the majority, is it allows the floor debate to inspire good ideas. It allows Democrats and Republicans to bring forward amendments, subject to germaneness, that can be considered and voted upon.
Frankly, it seems like the Republicans didn't have much for us to do this week. This would have been a perfect week to try an open rule; and I know that Democrats and Republicans would have, consistent with the spirit of an open rule, brought forth good ideas and offered them. Good ideas would have been included in the bill.
But most importantly, we could have set a precedent that open rules work and an open process that values our contributions as legislators and as representatives of 750,000 Americans who would be able to work to improve legislation. So I think that we need to move in that direction. Let the debate on the floor and the back-and-forth inspire new collaboration between Democrats and Republicans, new ideas, new ways of working together.
Here you have a concept that Democrats and Republicans join together in support of. How can we reduce the costs or the red tape around administering employee ownership? We would love to remove barriers to employee ownership that exist across all forms of employee ownership.
We would love to see an economy that works for everybody, one that values employees and workers as stakeholders that share in the economic growth that they helped create. That is a big part of the answer to the discrepancies in our economy and the simple fact--yes, fact--that the majority of the benefit of our economic growth has resided with a few and, generally, with shareholders and executives rather than workers.
So at the same time we can continue to move forward with conveying value to consumers, I think we can also find a way to make sure that workers are able to participate in the value that is created in our economy. But to be able to do so, we should have an open process that allows Democrats and Republicans to bring forward germane amendments that improve the bill, to create an even better and more comprehensive effort to encourage employee ownership.
Employee ownership ultimately touches a number of different committees. There are issues around employee ownership that affect government procurement. There are issues that would reside in the Ways and Means Committee under taxes. There are issues that reside in the Judiciary Committee, and, yes, Financial Services and regulator issues as well.
I am hopeful that Democrats and Republicans can work together to create a comprehensive omnibus approach to improving access to employee ownership for firms across our country.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I have had the opportunity to convene several roundtables in my district featuring employee-owned businesses, and it has been great to hear their stories, whether it is New Belgium Brewing, talking to employee owners who are excited to spend their time building value for themselves and creating stability in their own job and bringing a wonderful craft brew product to people in all the States in which they distribute, or medical care companies and so many others that have different variations of employee ownership.
As a private sector entrepreneur before I came to Congress, I founded several companies in the technology sector. My companies used stock options for every employee, ranging from entry-level front desk and telephone all the way to executive positions; and, frankly, Mr. Speaker, that has become the standard in the tech industry.
So many venture-backed companies and technology companies provide stock options across the board such that people who participate in building that value are able to also participate in sharing the value that is created. That is one of the great aspects of the technology sector, in particular, and the startup sector that I hope can export to other sectors.
On the margins, this bill will make it a little bit easier for small and mid-sized companies to provide equity compensation to employees. But again, we need to do a lot more. We need to do a lot more culturally to make this the norm. We need to do a lot more from a tax perspective and from a regulatory perspective to make it easier for companies to share ownership with employees so that employees can benefit from the value that is being created.
It is considered the cultural norm and the best practice within the technology entrepreneurship sector, and I hope that that can carry across to other sectors as well. It is very important to have an economy that works for everybody, and employee ownership is a critical linchpin of that effort.
Mr. Speaker, we are debating on a rule and a bill that makes it easier for companies to offer employee stock as part of their compensation; but, unfortunately, the backdrop to this discussion is that there continues to be an enduring wage gap in which women are simply not paid the same as men for doing the same job. Any efforts by us to strengthen compensation packages continue to remain hollow for 51 percent of the country--women.
Today is Equal Pay Day. I wish you, Mr. Speaker, a happy Equal Pay Day, and it is time that we do something to address pay and equity in our country.
If we defeat the previous question, I will offer an amendment to the rule to bring up Representative DeLauro's Paycheck Fairness Act in addition to the legislation we have been debating, H.R. 1343. So what that means is I will still bring forward this legislation. I will just also bring forward the Paycheck Fairness Act, which I am a proud cosponsor of.
Sometimes when we move the previous question, we bring forward a piece of legislation in lieu of the legislation that we bring to the floor under the rule. In this case, once we defeat the previous question, I will offer both of those bills: this employee stock ownership bill and the bill to address paycheck inequity, the Paycheck Fairness Act.
Mr. Speaker, I ask unanimous consent to insert the text of my amendment in the Record, along with extraneous material, immediately prior to the vote on the previous question.
Mr. Speaker, the gentlewoman from Connecticut (Ms. DeLauro) may be joining us on the floor in a few minutes to talk about her proposal.
I have an article written by Ms. DeLauro that I include in the Record.
[From Cosmopolitan, Apr. 4, 2017]
We Will Win the Fight for Equal Pay
(By Rosa DeLauro)
Think about 20 cents. It doesn't feel very significant--
there isn't much you could buy with it. But over a lifetime,
those 20 cents add up in a major way.
Today, we have reached yet another Equal Pay Day--the day
on which the average woman's earnings finally catch up to
what the average man made last year. This year's Equal Pay
Day falls 94 days into 2017--94 days too late.
Women are nearly half the workforce--yet they still only
earn about 80 cents on average, to a man's dollar. The gap
widens even further when you consider women of color--
African-American women make 63 cents on the dollar, while
Latinas make only 54 cents on average, compared with what
white men earn. This is unacceptable.
The National Women's Law Center found that based on today's
wage gap, a woman starting her career now will lose $418,800
over a 40-vear career. For African-Americans, the losses are
$840,040. And for Latinas, the lifetime gap is over $1
million.
These disparities exist at all levels of education and
occupation--even at the very top. The world champion U.S.
women's soccer team is fighting for pay equality, as are
Academy-Award winning actresses from Emma Stone to Viola
Davis and Patricia Arquette, who have used their platforms to
call for equal pay in Hollywood.
Men and women in the same job should have the same pay.
Period. Wage discrimination takes place not just on the
soccer field or the silver screen, but in the board room, on
the factory floor, and in countless other workplaces across
the country. That is why I am fighting for equal pay--for all
women.
I am fighting for AnnMarie in Massachusetts, who found out,
years into her job, that the university she worked for was
paying men more for the same work. I am fighting for Terri in
Tennessee, who only discovered she was making less than she
deserved because her husband held the exact same job and was
paid more! And I am fighting for ReShonda in Iowa, who
discovered that her own father was paying women less when she
went to work in the family business. Pay discrimination in
the workplace is real--and it is happening everywhere.
Pay inequity does not just affect women--it affects
children, families, and our economy as a whole. That is
because women in this country are the sole or co-breadwinner
in half of families with children. The biggest problem facing
our country today is that families are not making enough to
live on--and closing the wage gap would help address that
problem.
Over 50 years ago, Congress came together--in a bipartisan
fashion--to pass the Equal Pay Act and end what President
John F. Kennedy called ``the serious and endemic problem'' of
unequal wages. The Equal Pay Act made it illegal for
employers to pay men and women differently for substantially
equal work. Yet we still have so far to go to close the wage
gap.
In 2009, we took a critical step forward with the passage
of the Lilly Ledbetter Fair Pay Act, which kept the
courthouse door open to sue for pay discrimination. But we
must continue the fight and finish the job by passing into
law the Paycheck Fairness Act.
I first introduced the Paycheck Fairness Act on June 24,
1997--almost 20 years ago. The Paycheck Fairness Act will
mean real progress in the fight to eliminate the gender wage
gap and help families. The act ensures that employers who try
to justify paying a man more than a woman for the same job
must show the disparity is not sex-based, but job-related and
necessary. It prohibits employers from retaliating against
employees who discuss or disclose salary information with
their coworkers. The bill would also allow women to join
together in class-action lawsuits where there are allegations
of sex-based pay discrimination.
The bill actually passed the House twice, with bipartisan
support. Yet it has never made it to the president's desk--
despite the fact that this is an issue that affects every
single state in this country. In the last session of
Congress, I was proud to have every single Democratic member
of Congress signed onto the Paycheck Fairness Act--and even
one Republican!
But we need to keep fighting. When women raise their
voices, we get results. Take the recent victory for the U.S.
women's national hockey team who were able to negotiate a
historic new contract to address pay inequality. They spoke
up--even threatening to boycott the International Ice Hockey
Federation World Championship games--and their voices were
heard.
In January, I attended the Wonnen's March in Washington.
The organic energy--the real, tangible power of the people--
was unlike anything I have ever seen. It was a stark reminder
of what we can achieve together, when we speak with one voice
and demand what we deserve.
When I looked out at the sea of pink hats and powerful,
handmade signs, I thought of my mother. When she was born,
women could not even vote. Yet today, her daughter is a
congresswoman. When we fight for equal pay for equal work, we
carry on the legacy of all the women who have fought before
us. And when we finally succeed, we will create a better
future for all the women who will follow us.
Equal pay is an idea whose time has come--in fact, it is
long overdue. But we have the power. We have the momentum.
And I believe that we will win.
Mr. Speaker, Congresswoman DeLauro's article from Cosmopolitan magazine, dated April 4, 2017, today, talks about how, over a lifetime, the 20 cents that women are missing every paycheck on a dollar earned by men adds up. In fact, the National Women's Law Center found that a woman starting her career now will lose over $400,000 over a 40-year career. That could be a house. That could be college for two kids or three kids. That could be a family vacation every year. That means a lot, which is why we need to defeat the previous question and move forward on both of these worthy bills.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield myself such time as I may consume, and
say to the gentleman that I do have one other speaker on the way.
Mr. Speaker, this bill under consideration is a small but significant step to help companies increase worker ownership to help improve the overall equity of our economy. I hope that this bill, along with the other two coming to the floor later this week, are the start of something. I hope they are a sign that this body will actually consider meaningful, bipartisan, practical, and commonsense legislation to address the issues the American people sent us to Washington to fix: creating jobs, growing our economy, reforming our Tax Code, and fixing our broken immigration system.
I hope my colleagues support the underlying legislation, H.R. 1343, oppose the rule, and defeat the previous question so I can bring forward not only the employee stock ownership rule, but also the Paycheck Fairness Act here on Equal Pay Day across America so that we can make sure as we are talking about making sure that women receive the same cash and ownership in recognition of their efforts as employees across the country.
This bill will hopefully pass overwhelmingly. I just wish it could be an example of how we could work under an open rule and give Democrats and Republicans a chance to build upon and improve legislation. There have been zero open rules under Speaker Ryan since he has taken over the Speaker's gavel promising, ironically, a more open process. It is about time.
If not this bill, what bill, Mr. Speaker? If not a bill with strong bipartisan support that Democratic and Republican leaders are committed to bringing across the finish line, when can we have an open process that allows us as legislators to bring forward our amendments in response to debate on the floor in realtime?
I wish that this would have been that bill. And I hope that by defeating this rule, we can send a message back to the Rules Committee that we should consider open rules for these kinds of bipartisan legislation.
Promoting employee stock ownership is incredibly important. To have a multistakeholder economy that works for everybody will help address a lot of the legitimate concerns that Americans have, that workers and employees have not shared, and the great amount of value that has been created.
Mr. Speaker, I yield 4 minutes to the distinguished gentlewoman from Connecticut (Ms. DeLauro) to further discuss our proposal on the previous question on Equal Pay Day and the Paycheck Fairness Act.
Mr. Speaker, I yield myself the balance of my time.
I want to thank Ms. DeLauro for her tireless advocacy on behalf of equal pay. I would also encourage my colleagues to join me in cosponsoring the Equal Rights Amendment to the U.S. Constitution. It is about time. Today, on Equal Pay Day, let's enshrine equality between men and women into the U.S. Constitution.
If we can defeat the previous question, we will bring forward H.R. 1343, the employee stock ownership bill, but we will also bring forward the Paycheck Fairness Act so that we can do a little more work of the people's work here in the House of Representatives and help make sure that we can look ourselves in the mirror knowing that men and women will both benefit equally from a hard day's work.
Mr. Speaker, I encourage my colleagues to vote ``no'' on the rule to defeat the previous question and to vote ``yes'' on H.R. 1343 as a first step to encouraging an economy that works for everybody and employee stock ownership.
Mr. Speaker, I yield back the balance of my time.
Mr. Speaker, on that I demand the yeas and nays.