[House Hearing, 116 Congress] [From the U.S. Government Publishing Office] PROMOTING ECONOMIC RECOVERY: EXAMINING CAPITAL MARKETS AND WORKER PROTECTIONS IN THE COVID-19 ERA ======================================================================= VIRTUAL HEARING BEFORE THE SUBCOMMITTEE ON INVESTOR PROTECTION, ENTREPRENEURSHIP, AND CAPITAL MARKETS OF THE COMMITTEE ON FINANCIAL SERVICES U.S. HOUSE OF REPRESENTATIVES ONE HUNDRED SIXTEENTH CONGRESS SECOND SESSION __________ JULY 14, 2020 __________ Printed for the use of the Committee on Financial Services Serial No. 116-103 [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] ______ U.S. GOVERNMENT PUBLISHING OFFICE 43-196 PDF WASHINGTON : 2021 HOUSE COMMITTEE ON FINANCIAL SERVICES MAXINE WATERS, California, Chairwoman CAROLYN B. MALONEY, New York PATRICK McHENRY, North Carolina, NYDIA M. VELAZQUEZ, New York Ranking Member BRAD SHERMAN, California ANN WAGNER, Missouri GREGORY W. MEEKS, New York FRANK D. LUCAS, Oklahoma WM. LACY CLAY, Missouri BILL POSEY, Florida DAVID SCOTT, Georgia BLAINE LUETKEMEYER, Missouri AL GREEN, Texas BILL HUIZENGA, Michigan EMANUEL CLEAVER, Missouri STEVE STIVERS, Ohio ED PERLMUTTER, Colorado ANDY BARR, Kentucky JIM A. HIMES, Connecticut SCOTT TIPTON, Colorado BILL FOSTER, Illinois ROGER WILLIAMS, Texas JOYCE BEATTY, Ohio FRENCH HILL, Arkansas DENNY HECK, Washington TOM EMMER, Minnesota JUAN VARGAS, California LEE M. ZELDIN, New York JOSH GOTTHEIMER, New Jersey BARRY LOUDERMILK, Georgia VICENTE GONZALEZ, Texas ALEXANDER X. MOONEY, West Virginia AL LAWSON, Florida WARREN DAVIDSON, Ohio MICHAEL SAN NICOLAS, Guam TED BUDD, North Carolina RASHIDA TLAIB, Michigan DAVID KUSTOFF, Tennessee KATIE PORTER, California TREY HOLLINGSWORTH, Indiana CINDY AXNE, Iowa ANTHONY GONZALEZ, Ohio SEAN CASTEN, Illinois JOHN ROSE, Tennessee AYANNA PRESSLEY, Massachusetts BRYAN STEIL, Wisconsin BEN McADAMS, Utah LANCE GOODEN, Texas ALEXANDRIA OCASIO-CORTEZ, New York DENVER RIGGLEMAN, Virginia JENNIFER WEXTON, Virginia WILLIAM TIMMONS, South Carolina STEPHEN F. LYNCH, Massachusetts VAN TAYLOR, Texas TULSI GABBARD, Hawaii ALMA ADAMS, North Carolina MADELEINE DEAN, Pennsylvania JESUS ``CHUY'' GARCIA, Illinois SYLVIA GARCIA, Texas DEAN PHILLIPS, Minnesota Charla Ouertatani, Staff Director Subcommittee on Investor Protection, Entrepreneurship, and Capital Markets BRAD SHERMAN, California, Chairman CAROLYN B. MALONEY, New York BILL HUIZENGA, Michigan, Ranking DAVID SCOTT, Georgia Member JIM A. HIMES, Connecticut STEVE STIVERS, Ohio BILL FOSTER, Illinois ANN WAGNER, Missouri GREGORY W. MEEKS, New York FRENCH HILL, Arkansas JUAN VARGAS, California TOM EMMER, Minnesota JOSH GOTTHEIMER. New Jersey ALEXANDER X. MOONEY, West Virginia VICENTE GONZALEZ, Texas WARREN DAVIDSON, Ohio MICHAEL SAN NICOLAS, Guam TREY HOLLINGSWORTH, Indiana, Vice KATIE PORTER, California Ranking Member CINDY AXNE, Iowa ANTHONY GONZALEZ, Ohio SEAN CASTEN, Illinois BRYAN STEIL, Wisconsin ALEXANDRIA OCASIO-CORTEZ, New York C O N T E N T S ---------- Page Hearing held on: July 14, 2020................................................ 1 Appendix: July 14, 2020................................................ 39 WITNESSES Tuesday, July 14, 2020 Bradley, Neil L., Executive Vice President and Chief Policy Officer, U.S. Chamber of Commerce.............................. 10 Busette, Camille, Senior Fellow and Director of the Race, Prosperity, and Inclusion Initiative, the Brookings Institution 5 Simpson, Anne, Director, Board Governance and Strategy, California Public Employees' Retirement System (CalPERS)....... 7 Spriggs, Hon. William E., Chief Economist, AFL-CIO; and Professor of Economics, Howard University................................ 8 APPENDIX Prepared statements: McHenry, Hon. Patrick:....................................... 40 Bradley, Neil L.............................................. 43 Busette, Camille............................................. 57 Simpson, Anne................................................ 67 Spriggs, Hon. William E...................................... 73 Additional Material Submitted for the Record Axne, Hon. Cindy: Letter of support for H.R. 5933, the Disclosure of Tax Havens and Offshoring Act from 102 various groups................. 99 Letter of support for H.R. 5933, the Disclosure of Tax Havens and Offshoring Act from various undersigned groups......... 105 Huizenga, Hon. Bill: Wall Street Journal article entitled, ``Calpers Prepares for the Long Haul,'' dated June 14, 2020....................... 109 PROMOTING ECONOMIC RECOVERY: EXAMINING CAPITAL MARKETS AND WORKER PROTECTIONS IN THE COVID-19 ERA ---------- Tuesday, July 14, 2020 U.S. House of Representatives, Subcommittee on Investor Protection, Entrepreneurship, and Capital Markets, Committee on Financial Services, Washington, D.C. The subcommittee met, pursuant to notice, at 12:01 p.m., via Webex, Hon. Brad Sherman [chairman of the subcommittee] presiding. Members present: Representatives Sherman, Maloney, Scott, Himes, Foster, Meeks, Vargas, Gottheimer, Porter, Axne, Casten, Ocasio-Cortez; Huizenga, Stivers, Wagner, Hill, Emmer, Mooney, and Steil. Ex officio present: Representative Waters. Chairman Sherman. The Subcommittee on Investor Protection, Entrepreneurship, and Capital Markets will come to order. Without objection, the Chair is authorized to declare a recess of the subcommittee at any time. Also, without objection, members of the full Financial Services Committee who are not members of this subcommittee are authorized to participate in today's hearing. Before we begin today's hearing, I want to remind Members of a few matters, including some required by the regulations accompanying H.Res. 965, which established the framework for remote committee proceedings. Members are reminded to keep their video function on at all times, even when they are not being recognized by the Chair. Members are also reminded that they are responsible for muting and unmuting themselves, and to mute themselves after they have finished speaking. The staff has been instructed to only mute Members and witnesses as appropriate, when not being recognized by the Chair, to avoid inadvertent background noise. If a Member is having technical difficulties with the video function, they can participate with audio only. In that case, the Member will not be counted towards a quorum or vote. Members are reminded that all House rules relating to decorum and order apply to this remote hearing. Without objection, at the request of Representative Axne, I would like to submit three letters in support of H.R. 5933 for the record: one from a group of investors managing over $800 billion; one from a group of NGOs; and one from small business organizations. Without objection, it is so ordered. Today's hearing is entitled, ``Promoting Economic Recovery: Examining Capital Markets and Worker Protections in the COVID- 19 Era.'' I will now recognize myself for 4 minutes for an opening statement. Since the start of COVID-19, millions of Americans have suffered severe economic hardship. As the Federal Reserve has reported, more than 20 million Americans have lost jobs due to COVID-19. And as Fed Chair Jerome Powell recently testified before this committee, the rise in joblessness has been especially severe for lower-wage workers, for women, for African Americans, and for Hispanics. While we can be thankful that recently there has been a decline in unemployment claims, and that the national unemployment rate is, ``down to 11.1 percent,'' we are going to have a long road to recovery. During today's hearing, we will examine the business practices and corporate-governance decisions that have been adopted in light of the COVID-19 epidemic, and their impact on American workers. In the past 3 years, we have seen publicly traded corporations spend over $2 trillion on stock buybacks. If this capital was in the hands of corporations, they would be better- positioned to deal with the current downturn. Now, many of these companies are announcing layoffs of employees. Of the 20 million who are unemployed, 19.8 million are unemployed in the private sector, many of them with publicly traded corporations. The crisis has also highlighted a number of ways in which employers don't adequately provide for their employees. In a global pandemic, 8.4 million Americans remain uninsured, and 36.6 million do not have paid sick leave. Paid sick leave is particularly important because it is not only critical for that worker; it is critical for the entire society. If you are sick, stay home. If there is somebody in your household who may have COVID, stay home until you can get a test and get the results of that test. But our economic incentives don't buttress the public health concerns, because many Americans do not have sick leave, or used up their sick leave before the pandemic. The Families First Coronavirus Response Act (FFCRA) and the Coronavirus Aid, Relief, and Economic Security (CARES) Act dealt with employers with between 50 and 500 employees. But that leaves virtually all of the publicly traded corporations, that are the subject of this hearing, without any Federal mandate to provide sick leave, so many do not, and as a result, people have to choose between a paycheck and staying home because they may have COVID. This is obviously terrible public health. We are also going to discuss a number of important pieces of legislation. Today, I am particularly focused on the limitations that we imposed on those companies getting direct Federal loans. At a minimum, these companies are supposed to abstain from stock buybacks and dividends. The idea that we would give money to a company as a loan, and instead of supporting the business, that money goes out to shareholders in stock buybacks, is simply outrageous. And yet, we are told that the Fed is planning to, in effect, make direct loans, but package them as being the single purchaser of an issuance of publicly tradeable bonds. That is nothing more than a ruse. The CARES Act provided some incentive and direction to the Fed to deal with a number of issues, including supporting minimum wage and supporting unions, but it was very clear that Federal money lent directly to a company should not be used for stock buybacks. With that, I look forward to hearing from our witnesses. I now yield 5 minutes to the ranking member of the subcommittee, Mr. Huizenga, for his opening statement. Mr. Huizenga. Thank you, Mr. Chairman. There is no doubt that the last several months have upended the livelihood and well-being of millions of American families throughout the United States. With almost every State under stay-at-home orders, everyone has been affected by this pandemic. Not only has this affected our daily lives, but it has certainly impacted our capital markets as well. Undoubtedly, these have been uncertain times for American investors and market participants. During the first quarter of 2020, the pandemic sent shock waves through our economy, as well as our capital markets, which led to unprecedented volatility. This turmoil was highlighted by sharp price declines, yet spikes in volume across equity markets, resulting in markets having the worst performance since the financial crisis as the first quarter came to a close. In April, the virus and efforts to contain it contributed to a record 14.7 percent unemployment rate. April's unemployment rate was 10.3 percentage points higher than the previous month, which resulted in the largest month-to-month increase to date. The passage of the CARES Act helped mitigate the crisis. The CARES Act included major programs, such as the Paycheck Protection Program (PPP), which, as of the end of June, allowed nearly 4.8 million small business loans to be approved, resulting in saving an estimated 50 million jobs, and at least 72 percent of the small business payroll in all 50 States. The Paycheck Protection Program played a critical role in my west Michigan district by supporting more than 236,000 jobs. Because of the PPP, more small businesses were able to make payroll, and more employees were able to receive paychecks, instead of battling the broken unemployment system in my home State of Michigan. Although we saw significant market volatility early in the crisis, markets recovered significantly, having undergone the toughest test to date. While there is certainly more ground to be gained, I believe our capital markets have responded accordingly. Since the outbreak of the COVID-19 pandemic, the SEC has [inaudible] ability accordingly. Additionally, they established an internal cross division of COVID-19 [inaudible], the central point for managing and coordinating the Commission's efforts to better monitor and respond to the effects of the pandemic on markets, issuers, and investors, as well as assisting other regulators and public sector officials. Although our capital markets have stabilized and unemployment rates are thankfully dropping, we need to focus on policies and reforms to lift our economy, enhance growth, and get people back to work. Congress needs to create and foster an environment that encourages entrepreneurship and innovation, while removing regulatory hurdles and slowing growth for our public companies. We must work to improve and expand access to the capital markets, help grow our small businesses, and increase investment opportunities as well as choices for Main Street investors in the hopes of growing their savings and creating a brighter and more prosperous retirement. In today's challenging global economy, the strength of our capital markets is vital to long-term economic growth. However, the current regulatory burdens and bureaucracy only stifles our small business growth and hinders the U.S. ability to compete on a global stage, predominantly with China. I look forward to discussing more of the ways to reignite our economy, and to help get our small businesses back up and running, as well as to get Americans back to work. And with that, Mr. Chairman, I would like to submit a written statement from the ranking member of the full Financial Services Committee, Ranking Member McHenry, for the record. And with that, I yield back. Chairman Sherman. Without objection, it is so ordered. I now recognize the Chair of the Full Committee, the gentlewoman from California, Chairwoman Waters, for 1 minute. Chairwoman Waters. I want to thank you, Chairman Sherman. The coronavirus pandemic has had an unprecedented impact on our nation's workers, capital markets, and economy. As more than 20 million Americans have lost their jobs, people of color have disproportionately been affected. Fully half of Black adults are now unemployed. And now, many of the critical relief measures Congress provided in March are expiring, including unemployment insurance and the eviction and foreclosure moratorium. But this economic pain is not shared equally. The stock market and Wall Street have largely recovered their early losses. And despite receiving unprecedented support from the government, more companies are not providing PPE or hazard pay for front-line workers, and others are laying off workers by the thousands, as they pay their executives and shareholders handsomely. So, I look forward to discussing legislative proposals to force companies to do what they should have done from the beginning: truly protect American workers. And I yield back the balance of my time. Chairman Sherman. Thank you. Today, we welcome the testimony of four witnesses: Dr. Camille Busette; Ms. Anne Simpson; Dr. William Spriggs; and Mr. Neil Bradley. I will provide the introduction for each of these witnesses, and then recognize them in turn. Dr. Busette is director of the Brookings Race, Prosperity and Inclusion Initiative, and is a senior fellow in governance studies with affiliated appointments in economic studies and metropolitan policy. Among her prior roles, she was the inaugural head of the Office of Financial Education at the Consumer Financial Protection Bureau (CFPB). Ms. Simpson serves as director of the Board of Governance and Strategy for the California Public Employees Retirement System, CalPERS, which I believe is the largest pool of investment capital in the United States. She is also a member of the SEC's Investor Advisory Committee, a public company accounting board oversight investor advisory group, and the Leadership Council of the Robert F. Kennedy Center for Justice and Human Rights. Dr. Spriggs serves as the chief economist at the AFL-CIO, and as a professor and former Chair of the Department of Economics at Howard University. In his role with the AFL-CIO, he chairs the Economic Policy Working Group and the Trade Union Advisory Committee to the Organization for Economic Cooperation and Development, and serves on the board of the National Bureau of Economic Research. Finally, Mr. Bradley serves as executive vice president and chief policy officer of the U.S. Chamber of Commerce. Before joining the U.S. Chamber of Commerce, Mr. Bradley was president of Chartwell Policy Solutions, a research analysis and advisory firm on public policy issues. The witnesses are reminded that your oral testimony will be limited to 5 minutes. A chime will go off at the end of your time, and I would ask you to respect the members' and other witnesses' time by wrapping up your oral testimony. And without objection, your entire written statements will be made a part of the record. Dr. Busette, you are now recognized for 5 minutes to give your oral presentation. STATEMENT OF CAMILLE BUSETTE, SENIOR FELLOW AND DIRECTOR OF THE RACE, PROSPERITY, AND INCLUSION INITIATIVE, THE BROOKINGS INSTITUTION Ms. Busette. Thank you, Chairman Sherman. Good afternoon, Chairwoman Waters, Ranking Member McHenry, Subcommittee Chairman Sherman, Subcommittee Ranking Member Huizenga, and members of the subcommittee. It is an honor to participate in today's hearing on capital markets and emergency lending in the COVID-19 era. The 2020 COVID-19 pandemic has triggered the deepest downturn in output and employment since World War II. Americans have experienced the downturn broadly across sectors, yet unequally across racial groups and categories of workers. Blacks, Latinos, and Native Americans, along with low-wage workers, have borne the health and financial costs of this pandemic. With the CBO now projecting real gross domestic product to recover its pre-pandemic level only by the middle of 2022, policymakers should be thinking now about how not only to address urgent economic issues, but also how to position the U.S. economy for a broad-based and equitable rebound that harnesses the potential of the tens of millions of Americans who are currently unemployed or underemployed. To position the economy for a robust recovery from this particular downturn, Congress and other policymakers must craft policy and fiscal responses that address the particular characteristics of this COVID-19 economic recession. Briefly, what we think of as a public health crisis has also deepened an existing equity crisis for Blacks, Latinos, and Native Americans. In addition, the pandemic recession specifically threatens the financial and general well-being of tens of millions of Americans workers. Those characteristics of this recession demand policy solutions that actively reduce racism and the growing inequality that has been the most recent hallmark of the pre-pandemic economy. Those solutions should focus on three broad efforts. First, closing the racial wealth gap. This includes charging the Federal Reserve with taking its policies to lowering the Black unemployment rate until it matches the White unemployment rate, further supporting Black and minority-owned businesses by providing short-term liquidity, and by incentivizing lending and addressing banks' concerns about the risk of lending to underserved small businesses. And finally, by thinking about how to craft payment to Black families, that are designed to remunerate them for the effect of public policies intended to exclude them from participating in the economy. The second solution for generating a broad-based recovery is including wages and opportunities for upward mobility for Americans who earn low wages. This includes authorizing an automatic stabilizer that kicks in when the economy is in recession, and a continuation of the additional $600-per-week unemployment insurance that was part of the CARES Act. When drawing from the Families First Coronavirus Response Act, Congress should mandate that all employers of low-wage workers provide paid leave. Finally, Congress should consider raising the Federal minimum wage by $5 per hour. The third solution for generating a broad-based recovery is eliminating the existing health disparities that are prevalent in low-income communities of color. Congress can provide incentives to States and local governments to prioritize easily-accessed healthcare centers, and to require that their medical professionals are certified in the provision of care in a culturally sensitive manner. So, while there is a pervasive rhetoric about returning to normal, that is, to the immediate pre-pandemic past, what I want to impress upon you today is that a robust American economy will require that we do not return to status quo ante, because the status quo ante has meant the perpetuation of racism in our economy, as well as the continuation of financial and health insecurity for almost half of the American workforce. We, therefore, should work to establish a set of goals that simultaneously speak to the breadth and the quality of recovery. A high-quality recovery is one that puts the U.S. in a position to accelerate economic growth by generating jobs that provide economic security across a wide range of sectors, and by addressing the disparate economic consequences of the pandemic on communities of color and on low-wage workers. Thank you. [The prepared statement of Dr. Busette can be found on page 57 of the appendix.] Chairman Sherman. Ms. Simpson, you are now recognized for 5 minutes. STATEMENT OF ANNE SIMPSON, DIRECTOR, BOARD GOVERNANCE AND STRATEGY, CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (CalPERS) Ms. Simpson. Thank you. Chairman Sherman, Ranking Member Huizenga, and members of the subcommittee, thank you for the opportunity to testify at today's hearing on behalf of CalPERS. We applaud and support the subcommittee's focus on building a sustainable, inclusive, and competitive economy in repairing the damage done by the COVID crisis. In this testimony, I will provide a brief overview of CalPERS' investment principles, highlight our approach to human capital management, and offer some suggestions on how we move forward. As Chair Sherman said, CalPERS is the largest public defined benefit pension fund in the United States, with fiduciaries managing nearly $400 billion in global assets on behalf of almost 2 million public employees, retirees, and beneficiaries, to support their retirement and their health needs. Nothing could be more important. Our responsibility to pay benefits decades into the future requires that we take a long-term, multigenerational view when assessing performance. And we are not only long-term investors; CalPERS pays around $25 billion in benefits, cash, each year to our retired members. And nearly 60 cents of every dollar paid in those benefits comes from investment returns. This means that our members depend upon safety and soundness in the capital markets for their retirement security. To meet our investment goals, CalPERS needs to earn 7 percent, risk-adjusted returns across the portfolio for the long-term. And to achieve those returns, CalPERS is guided by its fiduciary duties of prudence, care, and loyalty, whilst minimizing costs to the employers. To help us with this goal, our board has adopted investment beliefs which recognize the importance of today's topics in this hearing in regard to long-term fiduciaries. One example: CalPERS investment belief number 4 states that long-term value creation requires effective management of three forms of capital: financial; physical; and, most important, human. This is reflected in our strategic plan for sustainable investment, which focuses on improving corporate reporting, and within that, we have worked in partnership with the Human Capital Management Coalition. Their work has led to a petition to the SEC on disclosure around these topics, recognizing that the research demonstrates that disclosure is an essential condition for sound investment, for effective and consistent corporate accountability, and sustainable economic growth. The SEC's Investor Advisory Committee, of which I am a member, subsequently made recommendations on human capital management disclosure. These include issues of tremendous relevance to today's hearing: the stability of the workforce, including voluntary and involuntary turnover, and internal hire and promotion rates; the safety of the workforce, including frequency, severity, and lost time due to injuries, illness, and fatalities; and the percentage of first-tier suppliers that were audited for health and safety compliance; furthermore, average hours of training per employee per year; also race, ethnicity and gender, diversity data, and standardized measures of employee satisfaction. All of these recommendations are based on outstanding research that has been done in the field to demonstrate the relevance to investors. This has been echoed by a joint public statement by SEC Chair Clayton, and the Director of the Division of Corporation Finance, Bill Hinman, who said that company disclosures should respond to investor interest in: one, where the company stands today operationally and financially; two, how the companies COVID-19 response, including its efforts to protect the health and well-being of its workforce and its customers is progressing; and three, how its operations and financial condition may change as our efforts to fight COVID-19 progress. And they ruefully acknowledge that historical information may be relatively less significant. However, the current corporate disclosure regime does not provide investors with the information we need to assess drivers of value and sources of risk. In part, this is because reporting has not kept pace with changes to the economy. We believe the current reporting regime requires improvement in terms of the scope of regulatory disclosure, and should apply to all listed companies, so that investors can assess risk and return across their portfolio. We ask you and the SEC to consider proposals to expand and improve disclosure, whilst protecting investor rights. We appreciate the language included in the FSGG appropriations legislation that would prevent the SEC from moving to finalize proposals that we consider would impair the ability of investors like CalPERS to fulfill our fiduciary responsibilities. These are vitally important issues in light of the current pandemic. We appreciate being included in this discussion, and stand ready to work with you to modernize corporate reporting so that it better serves the needs of investors and contributes to the strengthening of the capital markets on which so many rely. Thank you, Chair Sherman and Ranking Member Huizenga, for inviting CalPERS to contribute to this hearing. We look forward to your questions. [The prepared statement of Ms. Simpson can be found on page 67 of the appendix.] Chairman Sherman. Thank you. Dr. Spriggs, you are now recognized for 5 minutes. STATEMENT OF THE HONORABLE WILLIAM E. SPRIGGS, CHIEF ECONOMIST, AFL-CIO; AND PROFESSOR OF ECONOMICS, HOWARD UNIVERSITY Mr. Spriggs. Thank you. I want to thank Full Committee Chairwoman Maxine Waters, Subcommittee Chairman Brad Sherman, and Subcommittee Ranking Member Huizenga for the invitation to give testimony before you today on the issue of our nation's unemployment crisis, and on worker safety and the capital markets. I am happy to offer this testimony on behalf of the AFL- CIO, America's house of labor, representing the working people of the United States, and based on my expertise as a professor in Howard University's Department of Economics. My written testimony focuses heavily on the needs of workers in today's economy. The extra $600 that has been added to unemployment insurance is contributing importantly to the stability of our economy. We see from the indications in March and April, when people were unable to have the $600, how they were falling behind and not paying their rent on time, and that in May and June, they did improve their payment of rent on time. But now that we are into July, with the threat that the $600 will go away, consumers are already starting to hoard their money and savings, and have fallen behind in July, out of fear that the money will run out at the end of July. That money is necessary because a disproportionate share of the unemployed are Black and Latinx workers. They have no wealth, they have no liquidity, and studies have consistently shown that a $1 loss in income on their part leads to much more than a $1 drop in consumption. And that is because they have no savings, and they look to a long recovery that will make it difficult for them to be able to get jobs. And so, this extra money actually is an equity issue in the face of this, and it is necessary for the economy in terms of stability. And we see that in that we have achieved the restoration of consumption on the part of people in the bottom 40 percent of the income distribution. We still face a crisis because of a drop in demand brought about because of the disease. I detail, in my written testimony, the threats that workers get when they complain about safety at work. These threats disproportionately have fallen on Black workers. One in six Black workers feel that they will face retaliation from their employer if they complain about a safety violation. Workers do not have the sense that they have sick leave or the assurance that their employers will support them if they are sick. We see a very frightening share of women who show up to work and report that they have symptoms because they fear losing their job. And this is especially true for Latinx women, who are among the lowest-wage workers. In order for us to win this fight against COVID, we must appreciate that this is a disease that people catch at work. This is not a matter of a lack of proper healthcare by Latinx and African-American communities. The look that the Center for Disease Control did on health professionals showed that African Americans catch COVID at work in the same proportion that they are represented among healthcare workers. The problem for the African-American community is that Black workers are overrepresented in healthcare. When you look at who is hospitalized in the Latinx community for COVID, you see it as a working-age disease; the majority of Latinx who get hospitalized are 18 to 44 years of age. It is vital for the Congress to monitor money given to corporations under COVID to make sure that workers are safe, that they will not face retaliation if they complain about safety, and that they have sick leave so that they can report illness and stay home and not infect other workers. This is vital for the economy. It is vital to be prudent about the money that we are sending to these companies. We are not going to win this economic war until we win the war against the disease. We cannot have the money from Congress wasted on financial activities. It needs to go to the real economic activities. Stock buybacks, dividends, and excessive pay to CEOs are leakages from the money that must go to keep companies profitable and producing, and to keep their workers safe. I encourage you to look at the legislation before you on those matters. Thank you for this opportunity to testify. [The prepared statement of Dr. Spriggs can be found on page 73 of the appendix.] Chairman Sherman. Thank you, Dr. Spriggs. Thanks for focusing our attention on the need for sick leave. And Mr. Bradley, you are recognized for 5 minutes. STATEMENT OF NEIL L. BRADLEY, EXECUTIVE VICE PRESIDENT AND CHIEF POLICY OFFICER, U.S. CHAMBER OF COMMERCE Mr. Bradley. Chairman Sherman, Chairwoman Waters, Ranking Member Huizenga, members of the subcommittee, on behalf of the 3 million-plus businesses that the U.S. Chamber is privileged to represent each day, thank you for the opportunity to appear before you today. To date, 3.3 million Americans have been infected with the COVID virus, and over 134,000 have died. Nearly 18 million Americans, more than 1 in 10 workers, find themselves unemployed amidst the deepest and swiftest economic contraction on record. Over the past several decades, we faced many challenges, including asset bubbles, market failures, and exogenous events, like terrorist attacks. But this is unprecedented. The road to full recovery will be longer than any of us desire, but the work that you and your colleagues in Congress will do can speed us along the way. While the pandemic and the economic shock it has caused have touched every corner of this land, the health and economic impacts are not evenly borne. As of June, some sectors of the economy have essentially restored all of the jobs lost since February. Other sectors, particularly those most impacted by closures and social- distancing requirements, where remote work is not possible, have faced catastrophic losses. Nearly 30 percent of the leisure and hospitality jobs that existed in February are gone today. Today, the unemployment rate is 50 percent higher for Black than for White Americans, and only slightly better for Hispanic-Americans. While some of these disparities reflect the unique nature of the pandemic and the countermeasures taken in response, much of the differences, especially for Black Americans, reflect structural challenges that existed before any of us had ever heard of COVID or social distancing. At the U.S. Chamber, we believe we have two important challenges immediately before us: to beat the pandemic and minimize its economic fallout; and to begin the long work of creating a more level playing field that ensures a greater equality of opportunity for all Americans. We should not conflate these challenges by passing permanent policy changes under the guise of responding to the immediate challenges of COVID, nor by thinking that our response to COVID will change these long-term structural challenges. At the Chamber, we are simultaneously focused on initiatives to address both of these challenges. In response to COVID, we have supported the CARES Act, the Paycheck Protection Program (PPP), and the Main Street Lending Program. We believe a phase 4 bill that is timely, temporary, and targeted, and focused on issues like a liability safe harbor, support for slower-to-recover employers, the unemployed, and State and local governments, is critical. We recently launched an initiative on the quality of opportunity, focused on closing the opportunity gap that exists for Black Americans. Our work includes efforts around education, employment, and entrepreneurship. We look forward to working with members of this committee around issues, such as access to capital for Black and other minority-owned businesses. Amidst all of this, however, there is some good news. Each week, the Census Bureau reports on new business applications, and they break out those that, based on their criteria, they believe are the most likely to create payrolls, and new jobs for our fellow Americans. In the most recent week, the number of these types of new high-propensity business applications was up over 100 percent compared to a year ago. It is actually the highest on record in the past 13 years. The same was true for the 2 weeks prior, compared to the last 13 years. The week before that was the second-best week on record. Across this country, our fellow Americans are responding to this crisis by creating new opportunities for themselves and for others. Who knows what new businesses are being formed today that will change the world tomorrow? To fulfill their promise, these new businesses will need capital. That is why the Chamber is pleased to support proposals that make it easier for entrepreneurs to access crowdfunding, micro offerings, and angel investors. It is why we support business development companies. My written testimony details these and other bills the Chamber supports. It is also why I must raise a note of caution. Some of the bills noticed for this hearing today would set back the economic recovery, and impede the restoration of jobs. Some of the proposals change the rules around receipt of COVID-related aid after businesses have already applied for and received assistance. Changing the rules mid-game is the surest way to make sure that employers don't apply for aid, which just means more unemployed. There is not a single unemployed American or struggling American business that is responsible for this pandemic, which is why I urge you to continue with the bipartisan approach Congress has taken heretofore--of focusing on supporting the unemployed Americans, and helping their employers weather what we hope will be a short downturn. And in the same spirit, let's continue to work together to improve the structure of our economy by improving access to capital for entrepreneurs and employers, especially those of color. Thank you. [The prepared statement of Mr. Bradley can be found on page 43 of the appendix.] Chairman Sherman. Thank you. And thanks for giving us some good news. ``Entrepreneurship'' is the middle name of this subcommittee. I will now recognize myself for 5 minutes. I do want to comment about the importance of sick leave. We should be providing sick leave so people can stay home if they are sick, or if their kids are sick. That is critical to getting this disease under control. We cannot limit that requirement only to those employers who feel generous. We can't limit it only to those employers who are between 50 employees and 500 employees, as present law is now. And while we should require it of those who get money pursuant to these facilities, it ought to apply to all employers, even those that are not borrowing from the Federal Government. My first question is for Ms. Simpson. For a number of years now, CalPERS has played a leading role for greater human capital management disclosure requirements. As of May 31st, CalPERS holds over $200 billion in public equity. Could you explain, from the perspective of an institutional investor, why human capital management disclosures are important to investors? Ms. Simpson. Thank you very much, Chairman Sherman, for the question. CalPERS, some years ago, reviewed the research on long-term value creation. We looked, with the help of academics, at close to 2,000 studies, and one of the conclusions in this is that financial capital on its own does not produce the value we need to pay pensions. Every company will tell you, ``Our people are our greatest asset.'' Without people, and without communities, customers, and supply chains, companies simply can't function. And as an investor, as a pension fund like us, we harvest those returns in order to benefit other workers, those who are relying on this for their retirement security, and for their health benefits. What we have found difficult in terms of making progress is that there is simply so little information about this vital part of company performance. I will give you one example. In the S&P 500 these days, over 80 percent of the balance sheet is called, ``intangibles,'' and this is just a black box which essentially mostly has people: ideas; intellectual property; and productivity. Thirty years ago, the balance sheet for the S&P 500 was more than 80 percent fixed assets, stuff: factories; and property ownership. So I think what we are saying is, the economy has moved on, and corporate reporting has not kept up. And the point of the advice of the Investor Advisory Committee, as we were anchored in research about what matters for performance and came up with those categories, and we do have hope that the SEC will pick this up. Thank you. Chairman Sherman. Let me squeeze in another question, and that is, first, if we are going to get reliable information about human capital, what we do for things on the balance sheet and the income statement is, we have clearer definitions, because different companies can give different rules as to, or different definitions as to what it means to have an average employee retention of 1 year or 3 years or whatever. And so, I think we need to work on defining the terms and having a body define those terms just as we define earnings per share, just as we define number of outstanding shares, just as we define everything on the balance sheet and on the income statement. And then second, we are going to need to audit this information, because it seems to be that this information, the accuracy of it, is just as important to you as an investor, as that earnings-per-share number or any other number on the balance sheet. Mr. Spriggs, we have seen, especially since the 2017 bill, a number of companies giving somewhat contradictory information as to how much taxes they are paying in different tax havens. Would it be helpful if we required companies to disclose what tax-haven countries they are operating in, and in which countries they have the bulk of their employment? Mr. Spriggs. It would be very helpful, particularly because we are handing out large amounts of money to help support productive activities of firms here in the U.S., as we go through this fight with COVID. So, it is important for us to know potential leakages of that money, and it is important for us to know, from a risk factor, because we know the disease is so prevalent in some other countries. Chairman Sherman. Thank you, and I will surprise my colleagues by yielding back my last 11 seconds, and recognize Ranking Member Huizenga for 5 minutes. Mr. Huizenga. Thank you, Mr. Chairman. I appreciate that, not just the 11 seconds, but the recognition as well. I do appreciate the opportunity to be having this conversation again. We are certainly, clearly, in a challenging time. We have seen some positive outcomes as we have seen some of those unemployment rates drop to the tune of millions of jobs coming back. Yet, at the same time, we know that there are some real issues with which we are continuing to deal. Mr. Bradley, I guess I would like to hear from you. As we are seeing this, many, I think on both sides of the aisle, would credit the CARES Act with helping in that recovery. And there's lots of discussion about what a new phase should look like. Dr. Spriggs had talked about the $600-per-week kicker as being a way of sort of leveling the playing field, and as an equity issue. And, I guess, Dr. Spriggs and others, I would invite you to watch Michigan at some point, where my small employers are saying, ``We have jobs available; people simply are not taking them. They won't come back to work.'' And that, to me, is an important part of this long-term recovery, not just short-term, but long-term. We cannot lose that culture, that dignity of work that we have. But, Mr. Bradley, I am wondering if you can maybe talk about some of the lessons learned from the CARES Act and what a new phase should include or maybe shouldn't include? Mr. Bradley. Thank you, Congressman. To your point, it is an unprecedented time, and Congress acted with unprecedented speed in enacting the CARES Act. One of the things that you sacrifice with speed is often accuracy. And by the way, with the Chamber, we don't fault the Congress at all for prioritizing speed over accuracy. It was exactly the right thing to do in the moment that we found ourselves in, as the virus was spreading and we were shutting down the economy. Now, we are in a different situation. The benefit of time and of data is that we can actually be much more targeted in our approach to supporting both employers and workers. For example, at the Chamber, we don't believe that simply blanket extensions of the same policies from the CARES Act, even on the employment side, are the best approach. We can be much more targeted, focusing on those industries that are the slowest to recover because we have to maintain social distancing requirements, for example. With respect to individuals, the $600 was implemented because of the need for speed. We know as a general principle, you should not pay more for someone to not work than you pay them to work. That creates distortions in the labor market. President Obama's head of the Council of Economic Advisers, his former NEC Director, has joined on a bipartisan basis with officials from the Bush Administration in suggesting a much better approach, one we endorse at the U.S. Chamber, to target unemployment benefits much more closely to what an individual earned when they were working. It shouldn't be true that you earn more, but you also shouldn't earn substantially less. I think we have the time to get this right; and if we get it right, we will support the recovery. Mr. Huizenga. Let me light a candle, not just curse the darkness on that particular issue. I have a bill that we have dubbed the ``Patriot Bonus,'' and I would hope that every organization that supports working men and women could be supportive of this. It says that if you, as an employer, offer a per-hourly bump over what your average wage is to that individual, a weekly bonus, or a one-time bonus, then you would get a 50 percent tax credit that you could use to offset your taxes. It shares the burden with the Federal Government, and stimulates that activity with the private sector, and most importantly, it benefits the worker. It puts capital back into circulation, and would be a great way of incentivizing those people to come back. So, I would like you all to take a look at my Patriot Bonus proposal. I do have a couple of others, a mergers and acquisitions bill that is geared towards privately held, small, family-owned companies, not publicly traded companies, but it streamlines that ability to move that company [inaudible]. I appreciate the opportunity to be with you, and I yield back. Chairman Sherman. Thank you. The Chair now recognizes the distinguished Chair of the Full Committee, Chairwoman Waters. Chairwoman Waters. Thank you very much. Dr. Spriggs, America owes its success to the hardworking ingenuity of its workers. Investors around the world flock to the U.S. capital markets for a chance to invest in companies that have the strongest human capital in the world, and yet, it seems that corporate America has forgotten that. Corporate America is doing just fine, it seems, with record-breaking debt sales, and a stock market that has largely recovered from its earlier losses in the pandemic. And yet, corporations that I have supported, like Boeing and Amazon, are failing their workers. Boeing has announced over 12,000 layoffs as a result of the pandemic, even though it has engaged in over $43 billion in stock buybacks since 2013. Most concerning, Boeing turned down $17 billion in Federal aid in order to avoid implementing worker protection provisions that Congress required under the CARES Act, choosing instead to find funding in the Federal Reserve-backed private debt market. According to a Washington Post report released in March, Amazon, which has relied on its workers to meet increased demand for online sales, has failed to provide basic protective equipment. So Dr. Spriggs, Congress imposed a few targeted conditions on Federal assistance designed to support workers, but they don't seem to be working. Why do you think that is, and what changes do you recommend Congress make to ensure that Federal support goes to American workers and not to line the pockets of the corporate elite? Dr. Spriggs? Mr. Spriggs. Thank you, Chairwoman Waters, for that question. I think it is a very important question. It was one of the issues we felt concerned about at the AFL-CIO, that corporations would take advantage of the huge amount of liquidity in the system to circumvent the need to retain workers, and to provide safe working conditions. And as you mentioned, unfortunately, that has occurred. I think going forward, it means that we have to watch much more closely the kind of behaviors you mentioned, which are really about financialization, and not about making the necessary investments for long-term profitability. We need to have far more disclosure about the way workers are treated, far more disclosure as a matter of regular recourse about buybacks when they are announced, and we need to think about how we structure our tax breaks, when companies engage in financialization rather than in real investment. I think that in this case, at least for the money that Congress has provided, there has to be a far more vigilant position taken on worker safety, and on workers having access to sick leave, and on making sure that we do retain workers. Chairwoman Waters. Thank you very much. Let me just ask our CalPERS representative about diversity, and whether or not-- what did you do to replace the Emerging Manager Program that I put into CalPERS many years ago, that ensured that we had asset managers who were helping to--a part of investing CalPERS giant resources? What is happening with that? Who is representing CalPERS? Ms. Simpson. Good morning. Anne Simpson from CalPERS. Chairwoman Waters. Yes. Ms. Simpson. Thank you for the question. The CalPERS Emerging Manager Program continues. We had a review of our active management strategies over the last year in which the active managers were judged on performance and also on cost. And as we all know from the research, it is very difficult for active managers to beat the public markets, where you can invest more cheaply through an index. So, we did not have a special focus on emerging managers. We were looking at the active managers-- Chairwoman Waters. What are you doing about diversity in management of these-- Ms. Simpson. --and they continue in our private equity and our real assets cost, so the program has continued. Chairwoman Waters. Can you represent how many and what investment managers you have on the CalPERS operation there? Ms. Simpson. Yes. Chairwoman Waters. How many and what? Ms. Simpson. CalPERS has reduced a large number of its external managers over the past year, and the reason for that is to save money. We have gotten to the position where bringing investment internally to CalPERS is going to save us over $100 million a year in costs, as external managers do cost a lot more money than our internal-- Chairman Waters. My time has expired. I will be following up, because I created that program years ago for CalPERS, and I want to make sure that we have diversity and inclusion. I will get back to CalPERS. Thank you. I yield back. Chairman Sherman. Thank you. I now recognize Mr. Stivers from Ohio. Mr. Stivers. Thank you, Mr. Chairman. I appreciate it. And I appreciate you holding this hearing. I think it is a very important hearing, and there are a lot of changes moving forward that we need to react to. My first question is for Mr. Bradley. Mr. Bradley, I want to thank you for supporting a bill that I am co-leading with Chairman Sherman, H.R. 7375, the Access to Small Business Investor Capital Act, which you quickly mentioned in your verbal statement, but have mentioned a little more deeply in your written statement. I believe the chairman and I are aligned on the importance of getting capital to small business, and I thought maybe you could explain why getting capital to small business is so important at this time? Mr. Bradley. Thank you, Congressman, and thank you for your and Chairman Sherman's leadership on that bill and other initiatives on capital. One of the great challenges that small businesses of all shapes and sizes across sectors, independent of the owners, have, is accessing capital. It is much easier for larger corporations, who have established relationships, to access, whether it is debt or equity markets, and it is harder for small businesses to access venture capital. [inaudible] Congress has done over the last several years-- in fact, going all the way back to the early 1980s--create vehicles like BDCs to help get investment targeted and focused on these small businesses is literally the difference between life and death for those businesses. You can have a great idea, you can have a great work ethic and a great workforce, but if you don't have the capital to deploy it, you are not going to get very far. And so, continuing to strengthen business development companies (BDCs), continuing to focus on things like crowdfunding, we think is essential, particularly in a moment like this, where small businesses are particularly having difficulty accessing capital. Mr. Stivers. Thanks, Mr. Bradley. Could you also mention one of the drivers of jobs in the last 60 days? Hasn't that been smaller businesses? Mr. Bradley. Smaller businesses are coming back, and one of the most exciting things we see is that new businesses are emerging. We do know that when we come out of this pandemic, the economy is not going to look exactly like it looked like before. There are going to be new opportunities created. The thing that it is important for public policy to do, from our perspective, is to make sure that the folks who are creating those new opportunities have the ability to access capital, to do the things that they need to do, to turn those new dreams, those new business ideas into a reality. That is actually going to make us stronger coming out of this, not weaker. Mr. Stivers. Thank you. I think that is really important. Another thing that I wanted to quickly have you mention, Mr. Bradley, early on in the pandemic, many businesses were forced to make very difficult choices, and I have heard many stories about employees whose hours were reduced, but they weren't reduced enough to make them eligible for pandemic unemployment insurance. Do you think Congress should do something for this group of individuals who are still working, but aren't working nearly as many hours, and obviously are struggling to continue to pay their bills? Mr. Bradley. There is some creative work being done here, particularly with partnerships with the State, on work-share arrangements. You all partially funded those programs as part of the CARES Act. I think you can do more in this next phase 4 bill. What that really allows is the State labor departments to work with businesses who are in exactly the situation you described, to keep people paid, but also, help offset that lost income that they are facing because of a reduction in hours. That would be a very timely and targeted thing to do as part of this next phase 4 package. Mr. Stivers. Thank you very much. I appreciate it. I do have a few seconds left, and I want to ask Ms. Simpson a quick question. In reviewing your testimony, I noted that CalPERS' stock return in the 52 weeks that ended June 28, 2019, was only 6.1 percent, compared to the S&P return of 8.22 percent. And on behalf of your public workers in California, I am very, very concerned about your underperformance, and I am curious what you are going to do to help those firemen and public workers who are being short-changed by inadequate performance at CalPERS? Ms. Simpson. Thank you, sir, for the question. The issue of the performance of the CalPERS fund is our top priority, and you will have seen our chief investment officer's presentation of our new strategy towards the 7 percent goal, which was presented to our investment committee, to our board, last month. A critical part of this is making sure that we can access more assets, but better assets, in order to improve our ability to hit that 7 percent. I would also say that over the long term, this is where we are focused. We can't just invest in the stock market, we also have to invest in-- Chairman Sherman. The time of the gentleman is expired. Ms. Simpson. Thank you. Mr. Stivers. I realize my time has expired, ma'am. I will follow up in writing. I am concerned about your target being 7 percent as opposed to-- Chairman Sherman. The time of the gentleman has expired. Mr. Stivers. I yield back. Chairman Sherman. It is good to see the gentleman from Ohio so concerned with CalPERS. I am a participant in CalPERS. You are from Ohio. I think they are doing an excellent job. I now recognize Representative Maloney. Mrs. Maloney. Thank you, Mr. Chairman. And I thank all of the witnesses who are here today. I would like to follow up on Ms. Simpson's testimony. Ms. Simpson, in February, our committee passed the Workforce Investment Disclosure Act, which would require publicly traded companies to disclose certain detailed information regarding human capital management policies, such as you discuss, and practices and performance. The SEC also recently proposed changes to Regulation SK, which would require human capital disclosures. The bill would require public companies to disclose information about their workforce, which would ensure that investors have the information they need about one of the company's most important assets, its workforce, before they make their investment decision. However, the SEC's proposed approach to disclose gives company executives discretion over what they tell investors. Can you please explain why this might be problematic? Ms. Simpson. Thank you, Congresswoman Maloney, and we agree with your important comment that investors need reliable, consistent, timely, verified information. Any information which an investor is able to act on, cannot be loosey-goosey and all over the place. It used to be like that over 100 years ago with definitions of profit, or even 11 years. And slowly but surely, we have understood that financials need to be standardized, they need to be audited, there needs to be regulatory oversight of those standards. And for human capital, which, as you say, has been thought of for too long as a cost, it is actually an asset. How human capital is going to be managed in a company is critical. So, we need the same standards of quality for this information as we have for accounting information. Otherwise, the market is not going to be able to respond, companies will not get the benefit of their good practice, and we won't be in a position to hold boards accountable when things need to improve. Thank you. Mrs. Maloney. Thank you. Ms. Busette, unfortunately, low- income Americans in communities of color have been disproportionately affected by the economic fallout of the COVID-19 pandemic. As Fed Chairman Powell testified before the Committee on Homeland Security, ``The rise in joblessness has been especially severe for lower-wage workers, for women, for African Americans, and for Hispanics.'' Could you speak to why we may see this disparate impact? Ms. Busette. The disparate impact that you just described-- and thank you very much for the question, Congresswoman Maloney--is, again, perpetuated in the current labor statistics. As we saw most recently from BLS, the unemployment rate, overall was 11.1 percent, but the Black unemployment rate was 16.6 percent, and the Hispanic unemployment rate was about 15.4 percent, which would suggest that the difficulties that minorities were having in the pre-pandemic economy continue, and much higher unemployment rates persist in the pandemic economy and in the early recovery. There are multiple reasons for this, and are a result of a very long history of exclusion from employment, from education, and from a variety of other advantages, such as owning homes, access to business capital, et cetera, and without proactive directive action on the part of Congress, both in the financial services sector, and in other related sectors, this is likely to persist. Mrs. Maloney. Thank you. Dr. Spriggs, in the fallout of the COVID virus pandemic, our private companies are just disproportionately declaring bankruptcy and laying off employees. As the crisis has highlighted, investments in private markets are inherently riskier, because private companies are subject to fewer regulations. In contrast, our public markets are designed to protect shareholders with the transparency needed to protect investors, and allow workers to stay focused. Do you think it is important to encourage companies to enter the public markets, and what are some of the ways we can do that, Dr. Spriggs? Mr. Spriggs. Thank you for the question. I think it is important that we think of the aid that we are dispensing, so that it can be readily accessible by some private firms, but, again, with the condition that we want to make sure that workers will be safe, and that the firms are committed to the virus. We need to be rolling in the same direction. Chairman Sherman. The time of the gentlelady has expired. I now recognize the gentlelady from Missouri, Mrs. Wagner. Mrs. Wagner. Thank you, Mr. Chairman. It would be my assessment that some or all of these bills presented for this hearing would be costly to companies, and must also be passed along to real people, real investors, and real constituents in my own Second District of Missouri. Mr. Bradley, could you talk a little bit about this? What impacts do costly regulations, such as unnecessary disclosures or limits on capital allocation options have, especially on smaller or younger companies? Mr. Bradley. Representative Wagner, thank you for bringing this up. It is an excellent point. Disclosure sounds simple and easy, but it is actually often quite time-consuming, particularly in a litigious environment and in a regulated environment. It costs, on average, about $2.5 million for a publicly traded company, a small publicly traded company to comply with existing disclosure requirements. You add additional requirements, and the additional costs expand. This is particularly problematic for newer companies, smaller companies, companies which are operating on very thin margins, because that is a fixed cost imposed on them by the government. They have no choice but to comply with the mandates passed by Congress and to absorb that cost, or pass it along in some form or fashion. Congress actually recognized this problem on a bipartisan basis back when the original JOBS Act was passed. You may recall that part of the premise of that was to streamline disclosures and regulations as a way of making it easier for new companies to have less costs if they access financing. The proposals that have been noticed as part of this hearing today would move us back in the opposite direction from where we came with the jobs. Mrs. Wagner. And do you agree that burdensome regulations generally have a more significant impact on smaller companies compared to larger companies? Mr. Bradley. Absolutely. It has an impact for everyone, but it is much harder for a smaller company, with a smaller compliance office, with less resources to absorb. Mrs. Wagner. And added regulatory burdens on public companies help achieve higher growth? Would that be an accurate statement? Mr. Bradley. Higher regulatory costs? No, the higher regulatory costs on public companies impede growth and go in exactly the opposite direction. If our goal is to take more private companies and make them public for the reasons that Dr. Spriggs, for example, discussed, then you want to reduce the burden and the cost of becoming a public company. Mrs. Wagner. And this is my point, it is very clear to me that these bills would harm the quality of capital allocation decisionmaking. Do you have any suggestions, Mr. Bradley, that might improve capital allocation? Mr. Bradley. Well, access. This is about access to capital financing. We have to recognize that just like not every business in the United States is the same, the ways in which they access capital is not going to be the same. So, to the extent that we can protect and expand multiple ways for businesses to get to the capital that they need to start and to grow, we are going to be more successful in creating more companies. That is why crowdfunding has become so important. That is why targeting offerings are important. We have to adapt the model of providing capital and equity to companies to adapt to the current real-world scenarios that businesses face. Mrs. Wagner. Would any of these bills encourage companies to begin the IPO process, and do any of these bills encourage companies to identify or track new investors? Mr. Bradley. No, none of them would. Mrs. Wagner. Would you, instead, recommend that this committee focus--and I hope we could--on pro-growth capital formation bills, such as those that passed, frankly with unanimous or near unanimous support, in the 115th Congress? Mr. Bradley. I would. I think it was over 400 votes that the package JOBS Act at 3.0 passed. Not only was it good policy, it was a shot in the arm to entrepreneurs across this country to see Congress coming together on a bipartisan basis to do something to support them. The more we can replicate that, the more we can get that bill enacted into law, the more confidence you are going to instill in this economy and in entrepreneurs. Mrs. Wagner. I couldn't agree more. We had so many pro- growth capital formation bills that were unanimously passed in the 115th Congress. I wish that we could have considered some of those, especially during these distressed economic times. I appreciate you highlighting some of that and the costliness and the burdens that are being passed along with some of the bills being considered today. I thank you and all of our witnesses. Mr. Chairman, I yield back. Chairman Sherman. Thank you. I now recognize the gentleman from Georgia, Mr. Scott. Mr. Scott. Yes. Thank you. Dr. Busette, here is what I think is the real situation. We have some companies that can offer teleremote work to the tech workers and keep productivity high. But on the other hand, we have other industries that rely almost entirely on physical, frontline workers who are mostly women, African American, and Hispanic workers with no telecommunication options, and at the same time, are paid the lowest wages. Dr. Busette, have industries and companies that allow for teleworking been more able to adapt to the COVID-19 crisis and keep productivity high? And is it possible that the market will value these companies and industries more highly because they are able to be responsive and maintain productivity in the face of the massive interruptions like we are seeing today? Ms. Busette. Thank you, Congressman Scott, for that question. As you mentioned, as the pandemic set in, there became a distinct difference between the types of working situations that workers were able to enjoy. For some people, they were able to move their work to telework, and some companies were able to benefit from that. Other companies, and the nature of the work, did not allow for the movement to telework. Those types of industries and companies employ essential workers, and as we know, essential workers seem to be predominantly Black and Brown and low-wage workers, and in those industries, people had to come to work. So as a result of that, companies that were able to keep their production moving and their productivity moving in the same direction because they were able to implement telework clearly had less of an interruption in their revenue production. Mr. Scott. I just wanted to say, you touch upon another point that what you are saying results in. Since women, African Americans and Hispanics, hold more of these physical, you-have- to-be-there-in-person front-line jobs with no opportunity to telework, are you concerned that this diversion will widen the wealth gap? Ms. Busette. Thank you for that question. Yes, of course, I am concerned that it will widen the wealth gap, for a number of reasons, first of all, because of the predominance of people of color in low-wage jobs. Low-wage jobs, in general, do not come with the kinds of benefits, or obviously, the kind of income that would be necessary to decrease the racial wealth gap and the racial income gap, both of which have increased since 2010. Mr. Scott. Now, I want to ask you, because it has been the hallmark of our committee, many of us have been working to provide answers to closing this wealth gap, and this is particularly true for African Americans. Nobody has suffered more. Since the advent of slavery, we have been trying to close this wealth gap. And I see excellent opportunities within this crisis, within what we can do in Congress to give financial stability, increase financial security for the African-American community. But tell us, if there were one or two things that we could do in this Congress, using this pandemic crisis, what would you would recommend we do? Ms. Busette. Those two things would be ensuring that the Federal Reserve is charged with taking its management upon employment rate to bring down the Black unemployment rate to the White unemployment rate, that is number one. Number two is financing small businesses, minority- and Black-owned small businesses. Mr. Scott. Thank you very much. I appreciate it. Chairman Sherman. I thank the gentleman from Georgia. The Chair now recognizes Mr. Hill, the gentleman from Arkansas. Mr. Hill. Thank you, Mr. Chairman. Thank you for holding this hearing. We need bipartisan solutions to worker safety, and student and teacher safety in order to return to school. For those who are still not back at work, we need a solution for them in the coming months. But today, despite our fine witnesses, this hearing is of little value on those important pending decisions before the Congress. Instead, we are welcomed back to another edition of our Capital Markets Subcommittee, which I call the, ``broken record edition,'' discussing capital markets, which like so many other hearings, is organized to somehow turn back to stock buybacks. I specifically draw attention to hearings from last October, and last May, when I focused my questioning of our witnesses around stock buybacks. As I stated during those hearings, and will highlight again today, government interference in public companies' capital decisions leads to inefficient outcomes by limiting wage growth for companies' employees and hindering long-term economic growth. Companies that engage in strong research and development, and strong capital expenditures all can, in times of high profits and high economic growth, have payouts to their shareholders in the form of dividend payouts or stock buyback. When times are tough and profits fall, stock buybacks and dividend payments decline. And that is what is happening right now under these market conditions. We don't need Congress to tell people what to do about that. Their long-term financial benefit for their company's existence, their employee's well-being, their mission, their ability to generate a long-term return for people, like CalPERS, that are severely underfunded and reducing the number of investment opportunities they have, all are benefiting in the long run by companies doing that fiduciary capital allocation. And don't take it from me, take it from Warren Buffett, who is frequently in the national news talking about this issue, saying that if a company stock is below its intrinsic value, it absolutely makes complete sense for that company to acquire those shares. But as I say, that is not where we are in the economic cycle now. We are in the capital preservation mode, in a company preservation mode, and so it is completely out of character and out of tune to be talking about stock buyback measures today when we should be talking about bipartisan solutions to a faster economic growth. The idea is expressed, again, in Mr. Casten's bill, in which he wants to stop buybacks during the course of the pandemic. We don't need to worry about it. The market has already taken care of that. In fact, Goldman Sachs is anticipating a 30 percent decline in buybacks during 2020, which is consistent when you go back and look at previous recessionary periods, most recently 2008, 2009, that kind of decline. And, again, it is because companies' management have a clear focus on what they need to be doing to preserve their mission, preserve their opportunities to employ their workers, preserve capital in order to get through the virus and get back to full economic capacity. Companies should be determining how their money is allocated, not the government. Mr. Bradley, SEC Chair Clayton has previously testified in front of this committee that it is not within the purview of the SEC to determine a company's individual asset allocation. Do you share that view? Mr. Bradley. I do. Mr. Hill. And if the government did interfere, directing companies' broad capital allocation decisions, what do you think would be the potential ramifications of that to macroeconomic growth? Mr. Bradley. It would significantly hinder growth. It would stop the new business formation. It would encourage more companies to remain private or go from being public to being private, because there is simply no way that the SEC or Congress could write a rule that reflects the individual needs of every single diverse business in America. And if you attempt to write a rule to do that, you will simply misallocate capital, and investors and others will seek relief outside the system that you are regulating in order to be able to conduct business. Mr. Hill. Thank you. I would like to say, too, Madam Chairwoman, that Representative Donna Shalala and I are working together on a bipartisan basis to make sure that the Fed and the Treasury do implement the bipartisan set of limitations connected to the Fed and Treasury financial products and services during the pandemic. So, thank you for the time today. Mr. Chairman, I yield back. Chairman Sherman. Thank you. I will point out that my comments about stock buybacks were focused on companies who are getting loans from the Federal Government. I now recognize Mr. Himes from Connecticut. Mr. Himes. Thank you, Mr. Chairman. And thank you to our witnesses for today. I have some questions for Ms. Simpson, but I did want to make a brief comment on the exchange between Mrs. Wagner and Mr. Bradley. It is a little dispiriting, candidly. And by the way, I don't even disagree with the points you made. There probably are some bad ideas in this list of legislation, and I have spent the better part of 11 years trying to find the right balance of regulation in our financial services sector. But to hear the same old script about how it is a choice between growth and safety is really dispiriting. And just to illustrate that, I want to point out that even as we bail out every single member of the Chamber of Commerce with public funds from the airlines down to businesses, large and small, there is one group that we are not bailing out, and that is the big banks and the financial services industry. The banks are well- capitalized, with 12 percent capital ratios. In a stress test, we are fine. We talked to the Federal Reserve yesterday and they said two things, and this is Mike Gibson, who is the Director of the Division of Supervision and Regulation. He said, ``Our stress test scenarios suggest that the banks are in good shape, and a large part of that is due to the Dodd-Frank Act.'' And I listened to my Republican friends and the Chamber fight Dodd-Frank tooth and nail. So I had just had to make that point that, let's at least be humble about what we have achieved. And if there is one good thing to be said about where we are today, it is if we deal with a health emergency and an economic capacity, we are not looking at the banks flat on their backs the way we were in 2009 and bailing them out the way we did in 2008 and 2009. Ms. Simpson, one of the things that strikes me, representing southwestern Connecticut, that comes up in spades around the COVID crisis is the disparities involved. In my community that I represent, I have some of the most profoundly poor communities, largely urban poverty, and I also have some of the wealthiest people on the planet, largely working in the financial services industry. I sort of marvel at the persistent profitability of the industry. So, Ms. Simpson, you are a participant in that industry. You said that you require a 7 percent risk adjustment return in order to make the $25 billion in payouts. Can you tell me please, and I am not asking about your administrative overhead costs, I am asking about the fees that you pay in the aggregate to manage that $400 billion portfolio. Can you tell me either in terms of that, I guess, that 7 percent where a dollar value against that $25 billion, what is the amount of aggregate fees that CalPERS pays to outside advisors and investment professionals? Ms. Simpson. Thank you for the question. The fees and the expenses for the funds are all on our website. I apologize that I don't have the details in front of me right now. The costs for managing the internal portfolio, which is over 80 percent of the assets, are modest. The main fees that we pay are in relation to the external managers that we employ, and these are typically in the private asset classes. However, the important thing for us is what is the bang for the buck, and those are the asset classes, where we have been able to earn the returns that we need. As an example, our private equity returns over 10 years are comfortably in excess of 7 percent, and, obviously, that is after fees. So, we look at this as risk return costs in order to be able to pay the benefits. I am happy to follow up with details. Mr. Himes. I would be very interested in understanding the aggregate drag on your 7 percent return. In particular, if I understand correctly, you have roughly a 20 percent alternatives portfolio. Twenty percent, of course, is the land of the 2-in-20 fee structure, right, where managers get 2 percent of assets simply for turning on the lights in the morning, then 20 percent of profits. Could you estimate for us--first of all, if I am correct, 20 percent of your portfolio, or roughly $80 billion, is in alternatives, can you estimate for us what the aggregate fees are that you pay for that alternative portfolio? Ms. Simpson. Thank you. In our private markets, which are real assets in private equity, this is an excessive 20 percent. And the reason to that is because of potential returns. And those returns are calculated after fees. So, the net gain to our members is what we are looking for in order to pay pensions. I would be glad to follow up with all the details on the costs as you are asking. Thank you. Mr. Himes. I would appreciate that. And just to be very clear, if you are paying for outperformance, God bless you, that is a good thing. But I would be very interested in seeing your fee structure against outperformance. I don't mean performance, I am not interested in just absolute performance. I am interested in, can people beat an index fund? And there is an awful lot of evidence out there that people are having a hard time beating an index fund. I would really appreciate the opportunity to look at those numbers in the case of CalPERS, not because I am interested particularly in CalPERS, but because you are one of the biggest funds in the country. So thank you, and I yield back the balance of my time. Chairman Sherman. Thank you. I believe we are down to only one more member from the minority party, Mr. Steil from Wisconsin, who is recognized for 5 minutes. Mr. Steil. Thank you, Mr. Chairman. Hopefully, last but not least. I appreciate you holding today's hearing. As I look at where we are at as a country, we have been attacked by an invisible virus that is affecting our health and our economy, in particular, jobs. And now more than ever, we need to see pro-growth policies being implemented to grow our economy and allow people to safely return to work. In fact, Congress and the Trump Administration stepped up and provided PPP funding, saving thousands of jobs, as governments were making orders for businesses across the country to shut down. As I have reviewed a lot of the bills attached to today's hearing, sadly, I don't see pro-growth policies being put forward. I am seeing additional burdens and regulations that would be put in place on job-creating businesses across the United States, which would slow our growth coming out of what is going to need to be a significant recovery to get all Americans back to work. I would like to dig into a few of those policies that I think will slow us down, ask a few questions, and then kind of look at some pro-growth policies, to proactively move forward. Mr. Bradley, I appreciate you being with us here today. One of the things that concerns me in today's proposed legislation is some of the ESG disclosures that would be required, without regard to materiality. And so, if you had paid attention to some of these hearings in the past, you would have heard me, time and again, talk about the core concept of materiality as being a core principle of our securities law in the United States, and a disregard for that materiality threshold in the legislation that we are looking at here today. Can you comment as to what burden this places on businesses? And particularly, the leadership team that is trying to find creative, innovative ways to grow their business, grow jobs during a really challenging period of time, to put additional reporting requirements on these companies without regard for any level of materiality? Mr. Bradley. Thank you, Congressman. You are exactly right. Materiality should be the cornerstone. These reports don't come, these disclosure don't come without a cost. As I mentioned in response to Congresswoman Wagner's questions, it costs about $2.5 million, on average, for a small business right now, to comply with current disclosure requirements. One of the things that is troubling about some of the recommendations included in the legislation attached to this hearing is that many of the things that it is asking for disclosure on are really intangible, very difficult to measure. That actually means that the cost is going to explode beyond the things that we are currently disclosing. It also creates tremendous pressure, because as executives, as boards find themselves liable for accurate disclosure, and you are trying to disclose something that you can't accurately measure, you really end up in a catch-22, which is why we always should go back to the cornerstone of materiality. Mr. Steil. I think it is so critical to think about materiality, and, particularly, as it relates to the SEC, which really is looking at getting the core information that investors need to make thoughtful decisions in their investments, not just putting forward information on the whims of Members of Congress, of whatever the flavor of the day is in Washington, D.C. I appreciate you there. Let me just shift gears slightly, and let's talk about resubmission thresholds for a minute. I have been a firm believer that it is important that we allow businesses to operate efficiently to move forward. We see, time and again, where there is a ton of time and effort spent by management, not on growing the jobs, not on growing wages for employees where it should be spent, but instead, dealing with resubmissions of all sorts of things that come in. The SEC is moving forward on this. One of the bills that is being proposed would pull the funding away and prevent that rulemaking from moving forward. Could you comment on the impact that would have on growing our economy and growing jobs in the United States if we could get better language on resubmission thresholds? Mr. Bradley. The proposal would simply shadow distances with more of the costs that I just described. I would note that in the House of Representatives, I know that the Chair of the House, the Speaker, or a committee, has the power to rule motions dilatory, because they waste the committee's time or they waste the Members of Congress' time. That is a common concept. Except what we have with respect to resubmission thresholds is that we have allowed dilatory motions, dilatory resolutions to be put forward year after year, even though shareholders reject them by overwhelming margins year after year. Mr. Steil. I am only going to cut you off, because I want to get to one positive thing. We will chat about emerging growth companies next time. I appreciate it, Mr. Bradley. I yield back. Chairman Sherman. Thank you. I now recognize the gentleman from Illinois, Mr. Foster. Mr. Foster. Thank you, Mr. Chairman, and I thank our witnesses. There are many observers of economic response to the COVID crisis have been that this is simply accelerated structural shifts, which are already underway. Even before the COVID crisis, we found that workers, particularly unskilled workers, were having a harder and harder time competing with machines for their jobs. And you are seeing that accelerated. Restaurants are finding it more efficient to have people order their food online, rather than hire minimum- wage staff, and so on and so forth. We are seeing a lot of the shift toward purchasing goods online, resulting in a massive loss to retail stores, many of which, unfortunately, will disproportionately be removed from many of the communities. So, this is something that worries me a lot, that we are going to see with the acceleration of this trend. I was very interested to see that Representative Huizenga's proposal is effectively to subsidize labor. To understand that a business that simply maximizes profits will, over time, replace more and more human labor with robot labor. And unless you have some sort of subsidy program like Representative Huizenga talked about, you are going to have a hard time convincing a profit- maximizing company not to replace their human labor. And I was wondering, is that something that is a worry for you, too, that structural changes are going to make the battle that we have been fighting even tougher? Ms. Busette. Yes, absolutely. Thank you for that question, Congressman Foster. I think it is very clear that the pandemic has accelerated the need for a skilled workforce. I think there is generally broad agreement that American workers will probably need to improve their skill levels. That is why I think at this point, we should be really thinking about making important significant public investments in upskilling, because the pandemic has clearly accelerated the changes towards the kinds of jobs that require higher skill levels. Mr. Foster. Mr. Bradley, is this tendency, that profit- maximizing businesses will be replacing human labor with machine labor, something that we should lean against, or should we simply let it take place to whatever degree it is economically most profitable? Mr. Bradley. Congressman, I think it presents challenges and opportunities. And I think my colleague on the panel just accurately described what we ought to be doing to minimize the problems from the challenges of dislocation of workers and maximize the opportunity. We should be investing in job- training programs and upskilling. We are not going to stand before history and say, ``Stop.'' We are not going to stand before Congress and say, ``Stop.'' We can decide to modify our programs or public support systems in a way that helps people manage the transition that technology is creating. That is a reasonable responsible approach for a public-private partnership, in our opinion. Mr. Foster. So, you would be in favor of increasing taxes to pay for more education to upskill workers? Mr. Bradley. I don't think I mentioned taxes at all, Congressman, but I think there is significant investment-- Mr. Foster. Do you believe in balancing the budget? I think you can't have it one way or the other. If you believe in balancing the budget, the question is, are you willing to increase taxes to pay for more education to retrain workers? Mr. Bradley. Congressman, we should be investing in education. The Federal Government invests in a lot of things, including a lot of money in programs right now that I would suggest aren't nearly as important as the education and skills program that we are discussing. And we would be happy to work with you to identify some programs that we could repurpose into helping American workers. Mr. Foster. Does anyone else on the panel have any ideas on the best way to increase the incentives for companies to hire more workers, where it is a close call between replacing a worker with a machine or not? Mr. Spriggs. Congressman, I would rephrase the question. The problem through the last 40 years has not been the increase in productivity of American workers, it has been the increase in their pay to reflect their increased productivity. Our greater concern at the AFL-CIO is that we have not seen wages rise to meet that productivity gain. Our greatest concern right now is the distortionary effects taking place because we have to worry about competitiveness policies coming out of this crisis. Some of the efforts that we have taken hurt that competitiveness. And we don't want to just hand it to people because of the nature of this crisis that has favored some companies over others. We want to have you take that into consideration. Mr. Foster. Thank you. I am out of time, and I will yield back. Chairman Sherman. I will point out that we tax payroll, and we have incentives for the purchase of equipment built into our tax structure. I now recognize Mr. Meeks from New York. Mr. Meeks. Thank you, Mr. Chairman, for holding this hearing, and I thank the ranking member, and of course, the Chair of the Full Committee, Chairwoman Waters. For years, inequality in the United States has been increasing, but never in the post-civil rights era have the differences been so stark. Black, Brown and Native people are disproportionately contracting and dying of the coronavirus. And there is clear evidence that further indicates that lower- income people are more likely to become infected than the wealthy, as indicated earlier. While the white-collar workers can hop on Zoom, Webex, and Teams, essential workers who still have a job must go to work in person. The NASDAQ, for example, is up over 20 percent on the year. Yet, at the same time, the unemployment rate has tripled. And one of the comments I do want to make--I know in the colloquy between Mr. Huizenga and Mrs. Wagner talking about people not going to work, I think that what you need to look at is, some people who have not returned to work, have not returned because they were making more money sitting at home, but it is because they are afraid of their health concerns, and their family's health concerns, when they go back to work, especially when you have some States where you can see the epidemic is growing every day, with really no national direction in that regard; people are going without masks and other precautionary--and take other precautionary measures to keep them safe. So, they have to make a choice for their health and the health of their families at times as opposed to even getting the money that they need to pay for rent, because no one is worried about paying for rent if you are not here and if you are not healthy. So, that is a big issue that has to be discussed and determined. And I also want to go back to the conversation that Dr. Busette was having with Congressman Scott dealing with the wealth gap, which is tremendously important. And I think Dr. Busette said that we will never close the wealth gap with just minimum-wage jobs. And I couldn't agree with that more, which is why we have to focus on trying to make sure that we get folks who are talented, and are able to move into jobs that are paying more than just the minimum wage. And we do, as indicated by Mr. Spriggs, have to make sure that those individuals who are on the low end and have increased productivity, that their wages similarly grow as productivity grows. That means you are sharing what the wealth of the company is with the wealth of the individuals. I do want to ask, in the little time that I have left, because sometimes--you know, I grew up in public housing, and they used to always say, you put your money where your mouth is, and that makes an important piece. And we were talking, in the last conversation, about whether or not we should increase taxes in regards to education to make sure we are having more of an upscaling of those who are being educated. And also, I want to say, Mr. Bradley, while I don't agree with the Chamber on some things, there has been a statement that there should be a focus on bolstering entrepreneurship and increasing employment opportunities in communities of color. But it seems to me that there are too many proposals of just rehashing unrelated bills and not putting your money where your mouth is. So if, in fact, we were putting capital into some of these Black and Brown communities and businesses, that would make a difference. When we talk about disparities, there are clearly disparities in education. I would think that a number of your companies could put a lot of money investing in schools, in these districts, so that you can get the upscaling as done in Germany, and then you can hire directly from some of these schools in these communities. What say you, Mr. Bradley? Can't the U.S. Chamber of Commerce get behind pushing to put money where you have been talking to so that we can improve the upscaling of these schools and creating jobs and opportunities where you can recruit people directly into jobs that are paying more than the minimum wage? Mr. Bradley. Absolutely, Congressman Meeks. We watched, about 2 weeks ago, an Equality of Opportunity Initiative, focused explicitly on closing this gap for Black Americans. Last week, we unveiled 30 specific action items. Some of them are action items for Congress, which we would love to discuss with the committee. Others are for State and local governments about [inaudible] Private sector to do exactly what you suggest to make these investments in these communities that need to be made so that we can close this gap. Mr. Meeks. I am out of time, but I look forward to sitting down to make sure these investments are made across America, in communities of color. Thank you. Chairman Sherman. I now recognize the gentleman from California, Mr. Vargas. Mr. Vargas. Thank you, Mr. Chairman, for this hearing, and I thank the ranking member. We did hear yesterday from the Fed that the banks are strong and not in threat of failing. And they did say that Dodd-Frank was a big part of the banks' stability and strength, as Mr. Himes pointed out. But I have been on this committee now for 6 years, and I have also heard quite a bit, the ideological statements that the regulations are just burdensome and unnecessary. It is certainly not what we heard yesterday. Also, coupled with some other statements made by some of our members, that if they had been here during the time of the Troubled Asset Relief Program (TARP), they would have voted against it, and just let the banks fail, and these other companies fail. Now, I find out that they are some of the biggest proponents of bailouts. I guess Ralph Waldo Emerson had it right, ``A foolish consistency is the hobgoblin of little minds.'' Because, boy, how things have changed with ideology. But, again, I am thankful now that we are working, I think, generally as a group to figure this out. And I have to tell you, I want to thank Mr. Bradley first, thank you. Some of the comments that you have made about the disparity between Blacks, Latinos, and the rest of the population is wonderful. Thank you for acknowledging that. We had the San Diego Chamber do that a number of years ago, the California Chamber, and they have been working on it. Now, to hear the U.S. Chamber saying these positive things, I honestly want to say thank you, I really do. I appreciate you doing that. I hope we can work on that structural rural change that you talk about. Again, thank you for doing that, I am very appreciative of it. I do want to ask Ms. Simpson, your firm is a strong advocate of the Environmental, Social, and Governance (ESG) Disclosures. As you know, I have a bill on that, and I think it is very important that you called it the natural, physical, and human capital. I think it is generally the same. You described it a little bit differently. But could you explain a little bit more how you think the profitability, in the long term, is so important as we look at these issues? Ms. Simpson. Thank you. Thank you very much, Congressman Vargas. Capital approach to what we call sustainable investment, exactly as you rightly say, is we are looking at all of the factors that can have an impact on risk and on return. So, let's take an environmental issue. We think of this as the natural capital that companies rely upon. We know something around climate change is having a big impact on companies' ability to perform. One example, we have extreme weather, heat, that not only imposes the danger of wildfire, it imposes the heat, imposes problems of drought, which is going to affect agriculture, it is even going to affect where companies decide to put their facilities, because people won't want to come and live and shop and spend money in areas that become too hot. So as we start to map these risks, we can see a direct impact from climate change onto our portfolio returns. There is also opportunity. We have investments in renewable energy, water storage, we are seeing companies making the shift from being dependent on fossil fuels and into low carbon energy, creating tremendous opportunity. We have just published our first report which shows that there is trillions of dollars of opportunity, but also that we need to be very vigilant about managing the risk, as one example. Mr. Vargas. So you would be in favor of standardizing those disclosures? Ms. Simpson. Correct. Because if the reporting is all over the place, financial markets simply can't use that information. So, we support standardized, timely, audited, regulated information on issues which are material to long-term investors like ours. Thank you. Mr. Vargas. Thank you. Dr. Spriggs, talking about workers, I am sure you know that in Europe, 19 countries require worker representation on the boards of certain companies, but only a handful of companies in the United States have experimented with worker representation. Could you comment on having workers actually on the boards? Mr. Spriggs. That is vital, because what it does is put another important constituent voice within the boardroom. And it is vital because workers are interested in the long term of the company. Workers would not be approving stock buybacks. Workers would want the company to take the money and invest it into profitable operations, not simply make stockholders get bigger dividends, or have CEOs hike up the price of the stock so they can get a bigger bonus. So having workers at the table adds another dimension. It adds another dimension because it adds the community, the investment that our cities and towns and counties make by lowering tax rates in order to induce corporations to locate in those places. They have an interest in making sure they get the full payback from that investment. Mr. Vargas. My time has expired. And, Mr. Bradley, I meant it, sincerely, thank you. I really do appreciate it. Mr. Bradley. It's good working with you. Mr. Vargas. Thank you, sir. Chairman Sherman. Thank you. Mr. Emmer from Minnesota has returned, and he is the next Republican Member, so we will recognize him for 5 minutes. Mr. Emmer. Thank you, Mr. Chairman. And thank you for convening this hearing today. Although we might have differing opinions about some of the bills that are the subject of this hearing, we also have many nonpartisan bills already up for consideration on capital market issues that will help improve the economy during this time of dealing with the coronavirus. For instance, Representative Vicente Gonzalez and I have introduced the Main Street Growth Act, which passed unanimously out of this committee last Congress. Mr. Bradley brought up this bill in his testimony, including many others that we can pass by an overwhelming majority if leadership simply allowed them to be considered. Now is the time to come together and do everything we can do to assist our fellow Americans. The Main Street Growth Act would establish venture exchanges as a means to assist emerging growth companies as well as to facilitate trading in thinly- traded securities. The hallmark of our country is the ability for any person with a good idea to prosper and build a better life for themselves. In an era where we are increasingly going digital, giving these entrepreneurs the means to build capital from anywhere in the country through public offerings just makes too much sense. In this third hearing on capital markets in the era of coronavirus, I believe we have heard enough. Now is the time to act. Just a couple of weeks ago, the SEC sponsored a virtual forum on market structure where this very topic was featured. The Main Street Growth Act is widely supported, and companies are eager to establish and compete with their own venture exchanges. If we were to green-light this proposal like we did last Congress, we could jump-start an economy that is sorely needing a jump-start. Mr. Bradley, your testimony states, ``Swift enactment of a bipartisan package in addition to recent measures put forward in the wake of the pandemic would provide a big boost to our recovery.'' We have many new ideas and they deserve consideration. But we also have widely-supported ideas that we have not given the opportunity to flourish, and which would benefit us in a time exactly like right now. In a time where nonbipartisanship is required to accomplish victories for all Americans, we should be looking at some of these previously supported ideas. What do you think are the main barriers to enactment of some of these worthy proposals? Would the Main Street Growth Act and some of the other proposals--this is for you, Mr. Bradley--that you mention in your testimony, benefit the American worker right now, as the intention of this hearing is entitled, and if so, how? Mr. Bradley. They absolutely would, and thank you, Congressman, for your leadership on this bipartisan proposal. One of the things I mentioned in both my written and my oral testimony is some good news that is occurring, that we have a lot of new businesses being formed. Those are going to be absolutely critical for this recovery, because new businesses create the new jobs that replace the jobs that are displaced in a situation like the current pandemic crisis. If we don't have those new businesses formed, if they can't access capital, they can't create those new jobs so that the displaced workers can take those jobs. So, the fundamental thing we need to do is to continue to support new business formation. A key part of that is access to capital. So, anything that we can do, particularly things that are bipartisan that have been well-vetted, such as your mainstream lending initiative, ought to be enacted as soon as conceivably possible, both because of the access to capital, but also because it is a strong statement of this Congress' belief in economic recovery. And that is a statement that I think would be well-received across this nation. Mr. Emmer. Thank you, Mr. Bradley. Mr. Chairman, I will just conclude by saying that if we want to help the American worker and his or her family, now is the time that we should move the Main Street Growth Act forward so that we can create these venture exchanges and start to help these new growth emerging companies--and we are going to see them all over the place--to reach that next level, and to help American workers and their families at the same time. Thank you, Mr. Chairman, and I yield back. Chairman Sherman. Our next questioner is Katie Porter from California. One of the advantages of doing these remote hearings is we got to see her daughter just a minute ago, and now we get to hear her questions. Ms. Porter. Thank you so much, Mr. Chairman. As the only single mom in Congress with young children, and as a working parent, I know that single moms and parents generally are being asked to do the impossible right now. This isn't new, but the pandemic has only made it worse. Mr. Spriggs, pre-COVID-19, what were the margins like for a normal small business, say, a coffee shop owned and managed by a single mom like me with maybe 3 or 4 employees, what were their margins like? Mr. Spriggs. Most restaurants operate with small margins, and we do have to take seriously the fact that they do operate with small margins, but their health and the vitality of their business model is for us to beat this virus. And anything we can do and everything we can do to alleviate this virus first is important. Ms. Porter. And there were small margins for things like this coffee shop owner in normal times. What would happen if that bakery-owning single mom saw the price of a key input like coffee double? Mr. Spriggs. If her rent went up, or if the price of coffee went up, it would put a strain. But if her input went up like coffee, it is going up for all of her competitors. And so, this would be general inflationary pressures, and it wouldn't be anything particular for her. That would be something that all of her competitors would have to face. So, a rise in coffee prices would not mean anything disadvantageous to her. Ms. Porter. Let's take something else then. Let's take another input into her business. What if the cost of child care suddenly quadrupled, say, because this single mom's, this business owner's children couldn't go back to school safely, then what would happen to her business? Mr. Spriggs. It is not just her, but what is happening to the American workforce right now. This downturn disproportionately hurt women; they lost a much higher share of jobs. And if we don't get the HEROES Act, which the House passed, passed by the Senate, so that our State Governments and local governments can have the resources so that our schools can open safely, it is going to be a crisis for millions of American workers who are single parents, and are stuck with this difficulty of how to safely care for their children. Without the HEROES Act being in place, it just simply won't be possible for women to return to the labor market as they did before. Ms. Porter. And, yes, I think you are absolutely right, Mr. Spriggs. This affects small business owners. It affects everyone in the workforce. But especially if you are a small business owner and you basically are your own capital, there may be no other employee who can substitute for the work that you are doing. The cost of child care is quadrupling, due to the fact that schools are not open, and it would really make it difficult for these businesses to stay in business at all. And we will see some of these folks, I fear, exiting the labor force. A big labor force and labor market disruption that will disproportionately fall on women, on people of color, on our micro businesses, and on working parents who have young kids. And that labor market disruption, I think, is a long-term as well as a short-term crisis for our economy. I thank you for your contributions to this hearing, and I totally support any more funding towards State and local governments, including pushing for resources to help our schools figure out how to open safely and what alternatives are possible. Thank you so much, and I yield back. Chairman Sherman. Thank you. I now recognize the gentleman from Illinois, Mr. Casten. Mr. Casten. Thank you so much. I want to start just with an observation to the speakers, to my colleagues, and to the staff who are on the phone, and this is obvious, but I think sometimes we lose sight of the fact that we are in a massive economic downturn. Every single entity in our society is getting their cash constrained. Individuals who are losing their jobs, are having to dip into their savings and their retirement accounts. Small businesses are having to shoot through all of their working capital. States and municipalities are spending all of their rainy-day funds. And those of us who have the ability to deficit spend are doing so on a fairly significant basis right now, to put it mildly. I mention that because when this is all done, there will be a reckoning. Folks are going to look out and say, in this moment, who stepped up and acted with ethics, acted with clarity and looked out for those who are needy? And who decided to hoard their reserves? That is an ethical problem, it is not a political problem. But as we saw after 2008, as we saw through the Great Depression, those ethical problems quickly become political problems. And we have to all think about it. We have to all be thinking about what we are doing in this moment to help those in need. To that end, I want to start with a question for Ms. Simpson. According to Forbes analysis, there were $582 billion in stock buybacks in 2018, which represented more than a 52 percent increase in 2017. Forbes estimates that the vast majority of that was due to the 2017 tax bill. Do you agree with that analysis, that the tax bill substantially experienced an increase in stock buybacks in 2018? Ms. Simpson. Thank you for the question. I am not familiar with the article that you are referring to, but CalPERS' view on capital discipline in a company is that capital allocation needs to be directed towards sustainable long-term growth. When there are opportunities for capital to be allocated in a way that fosters long-term sustainable growth, CalPERS is in full support. We do not support the use of capital allocation to promote short-term. or if you like to create a rosy picture; we want companies to strive for the long term. And it is that perspective that we bring to all of the considerations of capital allocation. Thank you. Mr. Casten. Okay. Mr. Spriggs, do you have a view on whether the increase in 2018 was just something exogenous or was that driven by the 2017 tax bill? Mr. Spriggs. Undoubtedly, some of it was the tax bill, and people took advantage of it. But some of it is this continued belief in short-termism and, a belief that if you are a CEO who gets a huge part of your pay through stock options, you have every incentive to want to incorporate stock buybacks into how you get your pay. So, I think that is the cautionary tale there. As Ms. Simpson was saying, it is not the kind of investment that you would think should take place. You should see companies using extra capital to go into increased productivity, the training for the workers to take advantage of that new machinery and higher wages, so that the company has long-term advantages. Mr. Casten. Thanks for that. I wanted to make an observation, because in the same year, 2018, 35 percent of U.S. equities were owned by foreigners. That has increased significantly. So, if $582 billion of buybacks was because of a tax bill, then that means that we made a decision as a country to send 35 percent of that, the amount owned by foreigners, as a direct transfer from U.S. taxpayers to foreigners. I have a lot of respect for my good friend, Mr. Hill, but when he said that interfering with stock buybacks misallocates capital--we have an obligation not to misallocate taxpayer dollars. We made a decision to send $200 billion to foreigners. It was a wrong decision, but we made that decision, and we should bear responsibility for it. Dr. Spriggs, with my little bit of time left, William Lazonick at the University of Massachusetts calculated that from 2003 to 2012, buybacks accounted for 54 percent of the use of corporate earnings, and 37 percent of earnings went to dividends. That leaves just 9 percent for investment worker raises and debt repayment. In your opinion, should we ban buybacks until we are through this COVID moment? Mr. Spriggs. In this immediate moment, we do need to do it, because as you mentioned, there is a democracy issue that we are facing. People believe that the government acts to make wealthy people wealthier, and not to address the immediate needs of the country, which right now, the immediate need is to fight this virus, to have workers safe, to have workers stay home if they are sick. That is the immediate need, and all money must go to that. Mr. Casten. Thank you, and I yield back. Chairman Sherman. Thank you. I now recognize, last but certainly not least, Ms. Ocasio-Cortez from New York. Ms. Ocasio-Cortez. Thank you, Chairman Sherman, and thank you to all of our witnesses who are joining us today. Your testimony and insight is deeply appreciated. I think, especially as we are discussing capital markets and worker protections during this pandemic, it is an especially important topic as we are starting to see States reopen. So, I would like to thank the committee for including several of my bills that would place restrictions on corporations receiving public funds, and support protection of workers, and ensuring an equitable recovery. I will begin with Ms. Simpson, just kind of a basic, high- level question, as an investor, when you invest in a riskier venture, would it be fair to say that an investor, investing in that risky venture, would be compensated with a higher rate of return because of the risk associated with that, as a broad, general assessment? Ms. Busette. Generally, that is correct. Ms. Ocasio-Cortez. And is that same kind of compensation true for workers, in that workers who are risking their lives in meat-packing facilities, and grocery stores, are their returns higher? Are they being paid--what does their compensation look like? Do you see hazard pay, which is supposed to be a form of compensation for risk, a norm in your view? Ms. Busette. Low-wage workers, particularly those who work in the industries that you mentioned--and thank you for the question, Congresswoman Ocasio-Cortez are consistently paid very low wages for these kinds of essential jobs that put meat, poultry, and vegetables on our table. That has not changed during the pandemic. Ms. Ocasio-Cortez. And so in your assessment, hazard pay is not the norm? Ms. Busette. Hazard pay is not the norm. There have been some corporations which have added some hazard pay, and then, since the economy has started to reopen in various States, have rescinded that. Ms. Ocasio-Cortez. So really, when we talk about compensation for risk, it is not that all people in our economy are compensated for risk, just that a certain narrow class is compensated for risk of capital, but not necessarily risk of life. Ms. Busette, can you briefly paint a picture of who these frontline workers are? Is there kind of a makeup in terms of race, age, class, et cetera, of those who are disproportionately represented in terms of these workers who are risking their lives? Ms. Busette. I am happy to do that. Low-wage workers, in general, are primarily Black and Brown workers, so Blacks, Hispanics, and others of that category, they also are predominantly in occupations that include things like grocery stores--I am talking about now during the pandemic--cooks, waiters, waitresses, who have moved to delivery and takeout options, and they also work in home health and in nursing homes. These are the kinds of occupations that tend to be extremely low paid, and on top of the information I just provided, low-wage workers also tend to not have completed high school. People who do not complete high school are at a real disadvantage in any economic circumstance, and in this one in particular, their unemployment remains extremely high, one of the highest levels, even as we start to turn the corner into the recovery. Ms. Ocasio-Cortez. Thank you. And I want to pivot quickly about giving folks and making sure that folks are able to preserve extended unemployment benefits during this pandemic. There is this argument that we should not extend $600 a month in unemployment benefits, but we have seen millions of jobs wiped out during this pandemic, and I want to ask anyone on the panel, what is the likelihood that these jobs have been lost for the foreseeable future, and what is the likelihood of all of these jobs suddenly coming back, which I believe would be the argument of not justifying the continuation of pandemic unemployment assistance? Mr. Spriggs. I will take a stab at that, really quickly. The 11 percent unemployment is the worst, other than the 2 months that were the worst before that. This is still the worst labor market. We are still losing millions of jobs a month, even though we are gaining jobs. So, what the workers are looking at is the potential for long-term unemployment. If you are a worker in one of the hardest-hit industries, those unemployment rates are actually 34 percent. So, workers in that environment are very vulnerable. That is why millions of them went instantly back to work when they were given the opportunity. This $600 isn't about, ``I don't want to work.'' The $600 is that they face permanent job loss, and permanent job loss is very expensive. Ms. Ocasio-Cortez. Thank you. Chairman Sherman. Thank you. I would like to thank all of our witnesses for their testimony, and thank all of the Members for participating today. Today's hearing highlighted how public companies treat their workers, and how they account for human capital is critical to whether we recover from this virus, recover from the economic implosion that has brought us, and address systemic inequality that we have dealt with for decades and centuries. The Chair notes that some Members may have additional questions for this panel, which they may wish to submit in writing. Without objection, the hearing record will remain open for 5 legislative days for Members to submit written questions to these witnesses and to place their responses in the record. Also, without objection, Members will have 5 legislative days to submit extraneous materials to the Chair for inclusion in the record. Mr. Huizenga. Mr. Chairman? Chairman Sherman. The ranking member is recognized. Mr. Huizenga. Yes, thank you. Sorry. I tried injecting earlier. I do have one article, without objection, I would like to place into the record, ``CalPERS Prepares for the Long Haul,'' The Wall Street Journal article that was written by Ben Meng, and this conversation about CalPERS does affect those of us in Michigan and Ohio and other places as well, as we are talking about the long-term longevity of retirement for all workers, and Washington's seeming need to be bailing people out. So with that, I request that we submit that article for the record. Chairman Sherman. Without objection, it is so ordered. The hearing is adjourned. [Whereupon, at 2:09 p.m., the hearing was adjourned.] A P P E N D I X July 14, 2020 [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]