00-000 PDF
2008
110TH CONGRESS 2D SESSION
SENATE
Report
| Calendar No. 866 |
JULY 8, 2008- Ordered to be printed
Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriation Bill, 2009 (S. 3230)
43-299 PDF
2d Session
110-410
DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED AGENCIES APPROPRIATION BILL, 2009
| July 8, 2008- Ordered to be printed | |
| Mr. HARKIN, from the Committee on Appropriations, submitted the following | |
| REPORT | |
| [To accompany S. 3230] |
The Committee on Appropriations reports the bill (S. 3230) making appropriations for Departments of Labor, Health and Human Services, and Education, and related agencies for the fiscal year ending September 30, 2009, and for other purposes, reports favorably thereon and recommends that the bill do pass.
-------------------------------------------------------------
-------------------------------------------------------------
Total of bill as reported to the Senate $626,463,029,000
Amount of 2008 appropriations 600,467,001,000
Amount of 2009 budget estimate 618,683,815,000
Bill as recommended to Senate compared to--
2008 appropriations +25,996,028,000
2009 budget estimate +7,779,214,000
-------------------------------------------------------------
| CONTENTS | Page | |
| Summary of Budget Estimates and Committee Recommendations | 4 | |
| Overview | 4 | |
| Highlights of the Bill | 4 | |
| Initiatives | 6 | |
| Title I: Department of Labor: | Employment and Training Administration | |
| 11 | ||
| Employee Benefits Security Administration | ||
| 23 | ||
| Pension Benefit Guaranty Corporation | ||
| 23 | ||
| Employment Standards Administration | ||
| 24 | ||
| Occupational Safety and Health Administration | ||
| 29 | ||
| Mine Safety and Health Administration | ||
| 30 | ||
| Bureau of Labor Statistics | ||
| 33 | ||
| Office of Disability Employment Policy | ||
| 34 | ||
| Departmental Management | ||
| 34 | ||
| General Provisions | ||
| 39 | ||
| Title II: Department of Health and Human Services: | Health Resources and Services Administration | |
| 41 | ||
| Centers for Disease Control and Prevention | ||
| 69 | ||
| National Institutes of Health | ||
| 90 | ||
| Substance Abuse and Mental Health Services Administration | ||
| 128 | ||
| Agency for Healthcare Research and Quality | ||
| 139 | ||
| Centers for Medicare and Medicaid Services | ||
| 142 | ||
| Administration for Children and Families | ||
| 147 | ||
| Administration on Aging | ||
| 161 | ||
| Office of the Secretary | ||
| 166 | ||
| General Provisions | ||
| 176 | ||
| Title III: Department of Education: | Education for the Disadvantaged | |
| 178 | ||
| Impact Aid | ||
| 182 | ||
| School Improvement Programs | ||
| 184 | ||
| Indian Education | ||
| 188 | ||
| Innovation and Improvement | ||
| 189 | ||
| Safe Schools and Citizenship Education | ||
| 198 | ||
| English Language Acquisition | ||
| 200 | ||
| Special Education | ||
| 201 | ||
| Rehabilitation Services and Disability Research | ||
| 204 | ||
| Special Institutions for Persons With Disabilities: | American Printing House for the Blind | |
| 210 | ||
| National Technical Institute for the Deaf | ||
| 210 | ||
| Gallaudet University | ||
| 210 | ||
| Career, Technical, and Adult Education | ||
| 211 | ||
| Student Financial Assistance | ||
| 214 | ||
| Student Aid Administration | ||
| 215 | ||
| Higher Education | ||
| 216 | ||
| Howard University | ||
| 227 | ||
| College Housing and Academic Facilities Loans | ||
| 227 | ||
| Historically Black College and University Capital Financing Program | ||
| 228 | ||
| Institute of Education Science | ||
| 228 | ||
| Departmental Management: | Program Administration | |
| 231 | ||
| Office for Civil Rights | ||
| 231 | ||
| Office of the Inspector General | ||
| 231 | ||
| General Provisions | ||
| 232 | ||
| Title IV: Related Agencies: | Committee for Purchase from People who are Blind or Severely Dis- abled | |
| 233 | ||
| Corporation for National and Community Service | ||
| 233 | ||
| Corporation for Public Broadcasting | ||
| 236 | ||
| Federal Mediation and Conciliation Service | ||
| 237 | ||
| Federal Mine Safety and Health Review Commission | ||
| 237 | ||
| Institute of Museum and Library Services | ||
| 237 | ||
| Medicare Payment Advisory Commission | ||
| 238 | ||
| National Council on Disability | ||
| 238 | ||
| National Labor Relations Board | ||
| 238 | ||
| National Mediation Board | ||
| 239 | ||
| Occupational Safety and Health Review Commission | ||
| 239 | ||
| Railroad Retirement Board | ||
| 239 | ||
| Social Security Administration | ||
| 241 | ||
| Title V: General Provisions | 245 | |
| Compliance With Paragraph 7, Rule XVI of the Standing Rules of the Sen- ate | 246 | |
| Compliance With Paragraph 7(C), Rule XXVI of the Standing Rules of the Senate | 246 | |
| Compliance With Paragraph 12, Rule XXVI of the Standing Rules of the Senate | 247 | |
| Bugetary Impact of Bill | 252 | |
| Disclosure of Congressionally Directed Spending Items | 252 | |
| Comparative Statement of New Budget Authority | 289 |
SUMMARY OF BUDGET ESTIMATES AND COMMITTEE RECOMMENDATIONS
For fiscal year 2009, the Committee recommends total budget authority of $626,474,029,000 for the Departments of Labor, Health and Human Services, and Education, and Related Agencies. Of this amount, $153,139,000,000 is current year discretionary funding, including offsets.
OVERVIEW
The Labor, HHS, and Education and Related Agencies bill constitutes the largest of the non-defense Federal appropriations bills being considered by Congress this year. It is the product of extensive deliberations, driven by the realization that no task before Congress is more important than safeguarding and improving the health and well-being of all Americans. This bill is made up of over 300 programs, spanning three Federal departments and numerous related agencies. But the bill is more than its component parts. Virtually every element of this bill reflects the traditional ideal of democracy: that every citizen deserves the right to a basic education and job skills training; protection from illness and want; and an equal opportunity to reach one's highest potential.
HIGHLIGHTS OF THE BILL
Job Training- The Committee recommends $2,994,510,000 for State grants for job training, an increase of $25,061,000 over last year and $499,054,000 more than the request. The Committee also recommends $1,650,516,000 for the Office of Job Corps, an increase of $40,010,000 over the fiscal year 2008 level and $85,817,000 more than the request.
Worker Protection- The Committee bill provides $851,515,000 to ensure the health and safety of workers, including $504,620,000 for the Occupational Safety and Health Administration [OSHA] and $346,895,000 for the Mine Safety and Health Administration. This total is $33,667,000 more than the fiscal year 2008 level and $17,780,000 more than the budget request. The Committee also has focused resources at OSHA, the Bureau of Labor Statistics and National Institute of Occupational Safety and Health on understanding the extent and potential causes of under-reporting of workplace injuries and illness.
Child Labor- The Committee bill includes $86,074,000 for activities designed to end abusive child labor. This is $5,000,000 above the fiscal year 2008 level.
National Institutes of Health- A total of $30,254,524,000 is recommended to fund biomedical research at the 27 Institutes and Centers that comprise the NIH. This represents an increase of $1,025,000,000 over the fiscal year 2008 level and the budget request.
Health Centers- The recommendation includes $2,215,022,000 for health centers, $150,000,000 over the fiscal year 2008 level.
Nursing Education- The Committee recommends $167,652,000 for nursing education, $11,606,000 over the fiscal year 2008 level.
Autism- The Committee bill includes $63,400,000 for prevention of and support for families affected by autism and other related developmental disorders. This is an increase of $9,834,000 over last year's appropriation.
Centers for Disease Control and Prevention- A total of $6,507,795,000 is provided in this bill for the Centers for Disease Control and Prevention. This is an increase of $76,790,000 over the fiscal year 2008 level. This level does not include funding for the influenza pandemic, which is appropriated in the HHS Office of the Secretary.
Colorectal Cancer- The Committee bill provides $38,974,000 for prevention efforts around colorectal cancer. Included in this amount is $25,000,000 to establish a national surveillance campaign, with grants to local communities to support colorectal screenings and polyp removal for low-income individuals.
Substance Abuse and Mental Health- The Committee bill provides $3,388,636,000 for substance abuse and mental health programs. Included in this amount is $2,163,579,000 for substance abuse treatment, $191,271,000 for substance abuse prevention and $930,383,000 for mental health programs.
Pandemic Influenza- The Committee recommendation includes $507,000,000 to prepare for and respond to an influenza pandemic. Funds are available for the development and purchase of vaccine, antivirals, necessary medical supplies, diagnostics, and other surveillance tools.
Head Start- The Committee bill includes $7,104,571,000 for the Head Start Program. This represents an increase of $226,595,000 over the 2008 comparable level.
Title I (Education)- The Committee has provided $14,529,901,000 for title I grants to LEAs, an increase of $631,026,000 over the fiscal year 2008 appropriation, and $491,265,000 for school improvement grants, the same amount as the fiscal year 2008 level.
Student Financial Aid- The Committee recommends $18,761,809,000 for student financial assistance. The maximum discretionary Pell Grant Program award level is increased to $4,310. This funding, combined with mandatory funding provided in the College Cost Reduction and Access Act, would increase the maximum award to $4,800 for the 2009/2010 school year. The Committee bill includes $70,000,000 for Federal Perkins loan cancellations, an increase of $5,673,000.
Higher Education Initiatives- The Committee bill provides $1,856,214,000 for initiatives to provide greater opportunities for higher education, including $838,178,000 for Federal TRIO programs, an increase of $10,000,000, and $308,423,000 for GEAR UP, an increase of $5,000,000. The bill also provides $47,540,000 for Teacher Quality Enhancement Grants, an increase of $13,878,000.
Education for Individuals With Disabilities- The Committee bill provides $12,511,631,000 to help ensure that all children have access to a free and appropriate education. This amount includes $11,424,511,000 for Part B grants to States, an increase of $477,000,000 over last year and $140,000,000 more than the budget request. The recommended level will reverse the declining share of Federal resources for educating students with disabilities and raise it to 17.3 percent.
Rehabilitation Services- The bill recommends $3,379,109,000 for rehabilitation services. These funds are essential for families with disabilities seeking employment. The Committee restored funding for several important programs proposed for elimination, such as Supported Employment State Grants, Projects with Industry, Recreational programs and programs for migrant and seasonal farmworkers and rejected the Department's proposal to freeze State grant funding at the fiscal year 2008 level.
Services for Older Americans- For programs serving older Americans, the Committee recommendation includes $3,187,303,000. This recommendation includes $213,785,000 for senior volunteer programs, $571,925,000 for community service employment for older Americans, $361,348,000 for supportive services and centers, $161,316,000 for family caregiver support programs and $801,481,000 for senior nutrition programs. For the medical research activities of the National Institute on Aging, the Committee recommends $1,077,448,000.
Corporation for Public Broadcasting- The Committee bill recommends an advance appropriation for fiscal year 2011 of $430,000,000 for the Corporation for Public Broadcasting. In addition, the Committee bill includes $29,181,000 for conversion to digital broadcasting and $26,283,000 for the replacement project of the interconnection system in fiscal year 2009 funding.
INITIATIVES
Improving Teacher Quality
Research has proven conclusively that improving teacher quality is the most important thing schools can do to help students succeed academically. If we are truly going to meet the goal of leaving no child behind, a strong teacher is needed in every classroom. For too many students, however, especially those in disadvantaged schools, good teachers are the exception rather than the rule. High-poverty schools are more likely to employ teachers who are unprepared, inexperienced and don't know their subject area than schools in more affluent areas. As a result, the students who need the best instruction--those students most at risk of being left behind--tend to have the worst teachers. This is no way to close the achievement gap.
For the most part, local school districts bear the responsibility of recruiting, hiring, and retaining teachers. States set the rules on licensing, and the work of preparing most teachers is performed by colleges and universities. But the Federal Government also plays a key role in promoting teacher quality. Most notably, the No Child Left Behind Act requires that all public school teachers of core academic subjects must be `highly qualified.'
Congress also appropriates significant funding for teachers. The Committee recommendation for fiscal year 2009 includes more than $3,645,491,000, through 14 separate programs, specifically for hiring teachers or improving teacher quality. This total doesn't include title I grants to LEAs, which can also be used for those purposes.
The Committee has made it a top priority to identify and provide strategic increases in programs that can help schools improve teacher quality. They are described below.
Teacher Quality Enhancement Grants- Preparing teachers the right way will ensure they have the skills necessary and support required to succeed in the classroom. Unfortunately, one-third of new teachers leave the profession within the first 5 years and this imposes significant costs on school systems throughout the United States. By investing in high-quality teacher preparation models, such as professional development schools, we can more effectively prepare and support teachers as they start their careers. Professional development schools partner universities with schools that practice state-of-the-art approaches and train novices in the classrooms of expert teachers while they are completing coursework. The Committee recommends $47,540,000, an increase of $13,878,000 over the fiscal year 2008 level of $33,662,000.
School Leadership- Principals are the instructional leaders of a school and, therefore, responsible for maintaining high standards for their teachers and providing them with effective professional development. And yet very little attention has been paid to professional development for principals themselves. While this is an allowable use under the improving teacher quality State grants program, only a tiny fraction of this program's funding is used for that purpose. The Committee has attempted to meet the meet for better principals by recommending a small but significant increase for the school leadership program. The Committee recommendation for fiscal year 2009 is $19,220,000, a $4,746,000 increase over the fiscal year 2008 level of $14,474,000. The administration proposed eliminating the program.
Advanced Credentialing- For the same reasons as the increase for the school leadership program cited above, the Committee recommends a $1,000,000 increase to the National Board of Professional Teaching Standards [NBPTS] for the purpose of developing a new National Board certification for principals. The Committee hopes that the principal certification will prove as successful as the NBPTS's existing programs for teachers. The administration proposed eliminating the program.
Special Education Personnel Development- According the Department of Education's Interim Report on Teacher Quality under the No Child Left Behind Act, almost 6 out of 10 school districts had difficulty attracting highly qualified applicants in special education. Special education is an area where there is a problem of adequate supply and one major cause is the insufficient capacity to train all of the special educators needed. The Committee recommends $93,153,000, an increase of $5,000,000 over the fiscal year 2008 level to build the leadership programs that are needed to meet the demand for special educators.
Teaching of Traditional American History- The Committee recommends $120,000,000 for supporting professional development for teachers of American history. The fiscal year 2008 level was $117,904,000, and the budget request is $50,000,000.
In addition, the Committee recommendation maintains funding at the fiscal year 2008 level for several programs that the administration proposed reducing or eliminating. They include: improving teacher quality State grants ($2,935,249,000), National Writing Project ($23,581,000), Teach for America ($11,790,000) and two Teachers for a Competitive Tomorrow programs ($1,966,000).
Finally, the Committee proposes an increase of $631,026,000 for title I grants to LEAs, for a total of $14,529,901,000.
Mental Health Promotion and Prevention
The Committee notes that mental illness is a major public health concern. Approximately one-quarter of all Americans had a diagnosable mental disorder within the past year, and fully a quarter of those had a serious mental illness that significantly disrupted their ability to function. Major mental disorders are estimated to cost the United States at least $317,600,000,000 each year in lost earnings, disability benefits and health care expenditures. In addition, mental disorders are the leading cause of disability in the United States and Canada for those between the ages of 15 and 44.
The Committee is also aware that many of these disorders begin in childhood: half of all lifetime cases of mental illnesses begin by age 14. While effective treatments do exist, there can be serious delays between the age at which symptoms appear and when people actually seek, and receive, treatment. These delays can lead to a more severe, more difficult to treat illness, and to the development of co-occurring substance abuse disorders. Research has shown a strong link between early mental health problems and the subsequent development of substance abuse, school failure, risky behavior and criminal activity.
The Committee believes that given the magnitude of the problem, our Nation must begin to take a public health approach to mental health. Early identification, prevention and treatment of mental disorders must be regarded with the same importance as they are for physical disorders. Fundamental to such an approach is promoting strategies for young children and their parents that reduce the risk factors involved in developing mental health problems, and that improve protective factors that serve to buffer against such problems. The Committee has provided $7,200,853,000, an increase of $255,713,000 over the fiscal year 2008 level, for programs across various health, education and social service systems that strengthen parenting, foster resilience in children, provide for early intervention, and promote mental wellness.
Head Start- The Committee has included $7,104,571,000 for Head Start, an increase of $226,595,000 over the 2008 comparable level. The Head Start program provides comprehensive services that improve the cognitive and social development of children, as well as promote school readiness.
Home Visitation- The Committee has included $12,000,000 to promote evidence-based home visitation interventions. This is an increase of $2,000,000 above last year's level and the administration request. Research has shown that home visitation programs can reduce incidents of child abuse and neglect. These programs are also associated with long-term positive effects for mothers and their children, such as reduced substance abuse, fewer mental health and behavior problems, lowered criminal activity, greater work-force participation, and delayed initiation of sexual activity.
Project Launch- The Committee recommends $20,369,000 for the Project Launch program at the Substance Abuse and Mental Health Services Administration [SAMHSA]. This is an increase of $13,000,000 over last year's level. The administration proposed to eliminate this program, which promotes the emotional, physical, and emotional wellness of young children from birth to 8 years of age.
Family Treatment- The Committee recommends $17,000,000 for residential substance abuse treatment programs for pregnant and postpartum women and their children, an increase of $5,210,000 over last year's level. The administration proposed eliminating this program.
Child Traumatic Stress- The Committee recommendation includes $38,000,000 for the national child traumatic stress initiative, an increase of $4,908,000 over last year. This initiative improves access to care, treatment, and services for children and adolescents exposed to traumatic events.
Mental Health Integration in Schools- The Committee recommendation includes $5,913,000, an increase of $1,000,000 over the fiscal year 2008 level, for the mental health integration in schools program, which provides grants to increase student access to mental health care by linking schools with their local mental health systems.
Data Collection- The Committee recognizes the need for population-based sources of data on adults with serious mental illness and children with serious emotional disturbance. The Committee has included $3,000,000 above the request to improve surveillance activities among these groups.
Elimination of Fraud, Waste, and Abuse
For fiscal year 2009, the Committee has increased funding for a variety of activities aimed at reducing fraud, waste, and abuse of taxpayer dollars. These program integrity initiatives have been shown to be a wise investment of Federal dollars resulting in billions of dollars of savings from Federal entitlement programs--unemployment insurance, Medicare and Medicaid, and Social Security.
Unemployment Insurance Program Integrity- The Committee recommendation includes $50,000,0000, an increase of $40,000,000, to conduct eligibility reviews of claimants of Unemployment Insurance. This increase will save an estimated $200,000,000 annually in inappropriate Unemployment Insurance payments.
Social Security Program Integrity- The Committee recommendation includes $504,000,000 for conducting continuing disability reviews [CDRs] and redeterminations of eligibility for Social Security Disability and Supplemental Security Income benefits. CDRs save $10 in benefit payments for every $1 spent to conduct these activities, while redeterminations save $7 in payments for every $1 for doing this work.
Health Care Program Integrity- In fiscal year 2006, Medicare and Medicaid outlays accounted for nearly $1 out of every $5 of the total Federal outlays. Fraud committed against Federal health care programs puts Americans at increased risk and diverts critical resources from providing necessary health services to some of the Nation's most vulnerable populations.
The Committee has included $198,000,000 for Health Care Fraud and Abuse Control [HCFAC] activities at the Center for Medicare and Medicaid Services. No discretionary funds were provided for this activity in fiscal year 2008.
Investment in health care program integrity more than pays for itself based on 10 years of documented recoveries to the Medicare Part A Trust Fund. The historical return on investment for the life of the Medicare Integrity program has been about 13 to 1.
REPROGRAMMING AND TRANSFER AUTHORITY
The Committee has included bill language delineating permissible transfer authority in general provisions for each of the Departments of Labor, Health and Human Services, and Education, as well as specifying reprogramming authority in a general provision applying to all funds provided under this act, available for obligation from previous appropriations acts, or derived from fees collected.
TITLE I
DEPARTMENT OF LABOR
EMPLOYMENT AND TRAINING ADMINISTRATION
TRAINING AND EMPLOYMENT SERVICES
| Appropriations, 2008 | $3,576,268,000 |
| Budget estimate, 2009 | 3,060,923,000 |
| Committee recommendation | 3,618,556,000 |
The Committee recommends $3,618,556,000 for this account, which provides funding primarily for activities under the Workforce Investment Act [WIA]. The comparable fiscal year 2008 level is $3,576,268,000 and the administration request is $3,060,923,000.
Training and employment services is comprised of programs designed to enhance the employment and earnings of economically disadvantaged and dislocated workers, operated through a decentralized system of skill training and related services. This appropriation is generally forward-funded on a July-to-June cycle. Funds provided for fiscal year 2009 will support the program from July 1, 2009 through June 30, 2010. A portion of this account's funding, $1,772,000,000, is advance appropriated, yet still available for the forward-funded program year.
Pending reauthorization of the Workforce Investment Act, the Committee is acting on a current law request, deferring without prejudice proposed legislative language under the jurisdiction of the authorizing committees. The Committee recommendation includes language in section 109 of the general provisions requiring that the Department take no action to amend, through regulatory or other administrative action, the definition established in 20 CFR 677.220 for functions and activities under title I of the Workforce Investment Act until such time as legislation reauthorizing the act is enacted. This language is continued from last year's bill.
The Committee expects that, while the Workforce Investment Act, Wagner-Peyser Act, and Trade Adjustment Act are in the process of being altered and renewed, the administration also will refrain from unilateral changes to the administration, operation and financing of employment and training programs. Therefore, legislative language is included in section 110 of the general provisions that prohibits the Department from taking such action while Congress considers legislation reauthorizing these acts.
While the Committee is interested in ensuring that more training is accomplished with the funds available--a stated concern of the Department as well--the Committee disagrees with the Department's proposed solutions, which are funding cuts and consolidation of programs. The Committee believes these policy solutions are not the right ones to move American workers forward in a competitive global marketplace.
Grants to States
The Committee recommendation includes $2,994,510,000 for Training and Employment Services Grants to States. The fiscal year 2008 comparable amount is $2,969,449,000 and the budget request includes $2,495,456,000 for this purpose.
The budget request also proposes legislative language to increase the amount of funds that a local workforce board may transfer between the adult and dislocated worker assistance program from the 30 percent under current law to 40 percent, with the approval of the Governor. The Committee bill does not provide the recommended increase to 40 percent and the Committee notes that many States report that no funds have been transferred under this authority while other States have received waivers from the Department to transfer 100 percent of such funds.
The budget request also includes language allowing the Secretary to reallocate funds available under the Adult, Youth and Dislocated Worker programs if the total amount of unexpended balances in a State exceeds 30 percent during program year 2007. These funds would be reallocated using program year 2008 funds to States that have unexpended balances lower than 30 percent. The Committee recommendation does not include the requested language and notes that this issue is most appropriately addressed during the reauthorization of the Workforce Investment Act.
Adult Employment and Training- For Adult Employment and Training Activities, the Committee recommends $864,199,000. The comparable fiscal year 2008 level is $861,540,000 and the budget request includes $712,000,000 for this purpose. This program is formula-funded to States and further distributed to local workforce investment boards. Services for adults will be provided through the One-Stop system and most customers receiving training will use their individual training accounts to determine which programs and providers fit their needs. The act authorizes core services, which will be available to all adults with no eligibility requirements, and intensive services, for unemployed individuals who are not able to find jobs through core services alone.
Funds made available in this bill support program year 2009 activities, which occur from July 1, 2009 through June 30, 2010. The bill provides that $152,199,000 is available for obligation on July 1, 2009, and that $712,000,000 is available on October 1, 2009. Both categories of funding are available for obligation through June 30, 2010.
Youth Training- For Youth Training, the Committee recommends $930,500,000. The comparable fiscal year 2008 level is $924,069,000 and the budget request includes $840,500,000 for this purpose. The purpose of Youth Training is to provide eligible youth with assistance in achieving academic and employment success through improving educational and skill competencies and providing connections to employers. Other activities supported include mentoring, training, supportive services, and summer employment directly linked to academic and occupational learning, incentives for recognition and achievement, and activities related to leadership development, citizenship, and community service. Funds made available for youth training support program year 2009 activities, which occur from April 1, 2009 through June 30, 2010.
Dislocated Worker Assistance- For Dislocated Worker Assistance, the Committee recommends $1,199,811,000. The comparable fiscal year 2008 level is $1,183,840,000 and the budget request includes $942,956,000 for this purpose. This program is a State-operated effort that provides core and intensive services, training, and support to help permanently separated workers return to productive, unsubsidized employment. In addition, States use these funds for rapid response assistance to help workers affected by mass layoffs and plant closures. Also, States may use these funds to carry out additional statewide employment and training activities, which may include implementation of innovative incumbent and dislocated worker training, and programs such as Advanced Manufacturing Integrated Systems Technology.
Funds made available in this bill support program year 2009 activities, which occur from July 1, 2009 through June 30, 2010. The bill provides that $351,811,000 is available for obligation on July 1, 2009, and that $848,000,000 is available on October 1, 2009. Both categories of funding are available for obligation through June 30, 2010.
Federally Administered Programs
Dislocated Worker Assistance National Reserve- The Committee recommends $282,092,000 for the Dislocated Worker National Reserve, which is available to the Secretary for activities such as responding to mass layoffs, plant and/or military base closings, and natural disasters across the country, which cannot be otherwise anticipated, as well as technical assistance and training and demonstration projects, including the Community-Based Job Training Initiative.
Funds made available in this bill support program year 2009 activities, which occur from July 1, 2009 through June 30, 2010. The bill provides that $70,092,000 is available for obligation on July 1, 2009, and that $212,000,000 is available on October 1, 2009. Both categories of funding are available for obligation through June 30, 2010.
The Committee bill continues language authorizing the use of funds under the dislocated workers program for projects that provide assistance to new entrants in the workforce and incumbent workers, as well as to provide assistance where there have been dislocations across multiple sectors or local areas of a State.
The Committee appreciates the actions taken by the Department to address the economic diversification opportunity brought on by the recent closures of U.S. pineapple plantations and encourages the Department to consider continuing possible collaborations between State and statewide agricultural organizations that mitigate worker dislocation and help workers transition in a changing economy.
Community-Based Job Training Initiative- Within the Committee recommendation for the Dislocated Worker Assistance National Reserve, $125,000,000 is available to continue the Community College/Community-Based Job Training Grant initiative. The comparable fiscal year 2008 level is $122,816,000 and the budget request includes $125,000,000 for this purpose. Funds used for this initiative should strengthen partnerships between workforce investment boards, community colleges, and employers, to train workers for high-growth, high-demand industries in the new economy. The Committee recommendation includes a general provision requiring these grants to be awarded competitively.
The Committee is particularly interested in the Department awarding competitive grants under this initiative for energy efficiency and renewable energy worker training activities authorized under section 171(e) of the Green Jobs Act of 2007. To date, very little of the grant funding has been provided for such activities and the Committee believes a greater training investment needs to be made in areas such as renewable electric power, biofuels, energy-efficiency assessment and environmentally sustainable manufacturing. Therefore, the Committee directs the Department to consult with the Committee prior to announcing a solicitation for grant applications under this initiative.
Native American Programs- For Native American programs, the Committee recommends $52,758,000, the same as the comparable fiscal year 2008 level. The budget request includes $45,000,000 for this purpose. This program is designed to improve the economic well-being of Native Americans (Indians, Eskimos, Aleuts, and Native Hawaiians) through the provision of training, work experience, and other employment-related services and opportunities that are intended to aid the participants to secure permanent, unsubsidized jobs.
Migrant and Seasonal Farmworker Programs- For Migrant and Seasonal Farmworkers, the Committee recommends $82,740,000. The comparable fiscal year 2008 level is $79,668,000, while the budget proposes to eliminate funding for this purpose. Authorized by the Workforce Investment Act, this program is designed to serve members of economically disadvantaged families whose principal livelihood is derived from migratory and other forms of seasonal farmwork, or fishing, or logging activities. Enrollees and their families are provided with employment training and related services intended to prepare them for stable, year-round employment within and outside of the agriculture industry.
The Committee recommendation provides that $76,710,000 be used for State service area grants. The Committee recommendation also includes bill language directing that $5,500,000 be used for migrant and seasonal farmworker housing grants, of which not less than 70 percent shall be for permanent housing. The principal purpose of these funds is to continue the network of local farmworker housing organizations working on permanent housing solutions for migrant and seasonal farmworkers. The Committee recommendation also includes $530,000 to be used for section 167 training, technical assistance and related activities, including funds for migrant rest center activities. Finally, the Committee wishes to again advise the Department regarding the requirements of the Workforce Investment Act in selecting an eligible entity to receive a State service area grant under section 167. Such an entity must have already demonstrated a capacity to administer effectively a diversified program of workforce training and related assistance for eligible migrant and seasonal farmworkers.
Women in Apprenticeship- The Committee recommends $983,000 for program year 2009 activities as authorized under the Women in Apprenticeship and Non-Traditional Occupations Act of 1992. The comparable fiscal year 2008 level is $983,000, while the budget proposes to eliminate funding for this purpose. These funds provide for technical assistance to employers and unions to assist them in training, placing, and retraining women in nontraditional jobs and occupations.
YouthBuild- The Committee recommends $58,952,000 for the YouthBuild program. The comparable fiscal year 2008 level is $58,952,000 and the budget request includes $50,000,000 for this purpose.
The YouthBuild program provides the opportunity for eligible youth to learn construction trade skills by building or rehabilitating housing for low-income individuals, earn a high school diploma or equivalency degree, and prepare for postsecondary training. Personal counseling and training in life skills and financial management also are provided. The students are a part of a mini-community of adults and youth committed to each other's success and to improving the conditions in their neighborhoods.
The Committee notes that 76,000 YouthBuild students have built or rehabilitated 17,000 units of affordable housing since 1994. Construction projects range from constructing new homes to restoring multi-unit buildings to rebuilding entire neighborhoods. In particular, the Committee is aware of YouthBuild successes and continued potential in communities along the Gulf of Mexico, where recent hurricanes created a need for both skilled construction labor and low-income housing construction itself.
National Activities
Pilots, Demonstrations, and Research- The Committee recommends $31,438,000 for pilots, demonstration and research authorized by section 171 of the Workforce Investment Act. The comparable fiscal year 2008 level is $48,508,000 and the budget request includes $16,000,000 for this purpose. These funds support grants or contracts to conduct research, pilots or demonstrations that improve techniques or demonstrate the effectiveness of programs.
The Committee bill also includes language under section 105 of the general provisions that requires the Department to submit an operating plan by July 1, 2009 which details the planned expenditure of these funds.
The Committee recommendation also includes language requiring that funds be provided to the following organizations in the amounts specified:
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Project Committee recommendation
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Aerospace Worker Joint Apprenticeship Training Committee [AWJATC], Seattle, WA, for skills training for the aerospace industry $500,000
Bay Area Workforce Development Board, Green Bay, WI, to address re-entry planning, family reunification, mentoring and life skills intervention for incarcerated women 250,000
Blackhawk Technical College, Janesville, WI, for employment and training activities 1,000,000
Brevard Workforce Development Board, Rockledge, FL, for retraining of aerospace industry workers 250,000
Central Council of Tlingit-Haida Indian Tribes of Alaska, Juneau, AK, for job training programs 250,000
City of Baltimore, Baltimore, MD, for the City of Baltimore's YouthWorks summer job program 1,250,000
City of Jackson, MS, for the Jackson Transitional Job Project for job training and employment programs for the Homeless 100,000
City of Lewiston, ME, for job training programs 350,000
City of Milwaukee, Milwaukee, WI, for youth internships and occupational training in the green-collar employment sector 400,000
City of Oakland, CA, for the Oakland Green Jobs Initiative 300,000
City of Santa Ana, CA, for employment and job training services 750,000
Community College of Allegheny County, Pittsburgh, PA, for job training 100,000
Community College of Beaver County, Monaca, PA, for job training 100,000
Community Solutions for Clackamas County, Oregon City, OR, for the Working for Independence job training and workforce development program 200,000
Community Transportation Association of America, Washington, DC, for the Joblinks program 450,000
Congreso de Latinos Unidos, Philadelphia, PA, for job training 100,000
Des Moines Area Community College, Des Moines, IA, for Project Employment 400,000
Eisenhower Foundation, Washington, DC, to replicate and evaluate job-training and supportive services programs for disadvantaged workers in Des Moines, Iowa 350,000
Esperanza, Philadelphia, PA, for workforce development 100,000
Florida Community College at Jacksonville, Jacksonville, FL, for employment, training and assessment programs for veterans recently returning to civilian life 100,000
Goodwill Industries Inc., Chicago, IL, to expand the Goodwill Works initiative 250,000
Goodwill Industries of Southeastern Wisconsin, Inc., Milwaukee, WI, to provide training, employment and supportive services, including for individuals with disabilities 300,000
Groden Center, Providence, RI, for job readiness training for adults with Asperger's Syndrome 350,000
Groundwork Providence, Providence, RI, for workforce training 150,000
Harrisburg Area Community College, Harrisburg, PA, for job training 100,000
Hawkeye Community College, Waterloo, IA, for an Advanced Manufacturing Training Center 250,000
Healthcare Industry Grant Corporation, Dorchester, MA, for an incumbent health care worker skills training program 200,000
Hispanic Center, Pittsburgh, PA, for job training 100,000
Impact Services Corporation, Philadelphia, PA, for workforce development 100,000
Iowa Central Community College, Fort Dodge, IA, for job training activities 250,000
Jobs for Maine's Graduates, Inc., Augusta, ME, for career development for at-risk youth 300,000
Kentucky Community and Technical College System, Louisville, KY, for career training programs for disabled veterans 100,000
Kershaw County, Camden, SC, for workforce training programs in partnership with Kershaw, Lee, and Central Carolina Technical College 250,000
Manufacturers Association of Central New York, Syracuse, NY, to improve employment and training in the manufacturing sector 300,000
Maui Community College Remote Rural Hawaii Job Training Project, Kahului, HI, for training and education 2,200,000
Maui Community College Training & Education Opportunities, Kahului, HI, for training and education 2,000,000
Maui Economic Development Board, Kihei, HI, for high tech training 475,000
Maui Economic Development Board, Kihei, HI, for rural computer utilization training program 300,000
Maui Economic Development Board, Kihei, HI, to integrate job training activities in a health center 150,000
Minnesota State Colleges and Universities, Office of the Chancellor, St. Paul, MN, to continue a statewide veterans re-entry education program 1,000,000
Minot State University, Minot, ND, for the Job Corps Executive Management Program 650,000
Mississippi State University, Mississippi State, MS, for the Mississippi Integrated Workforce Performance System 400,000
Mississippi Valley State University, Itta Bena, MS, for training and development at the Automated Identification Technology [AIT]/Automatic Data Collection [ADC] Program 150,000
Montana AFL-CIO, Helena, MT, for workforce development and training activities 200,000
Nevada Partners for a Skilled Workforce, North Las Vegas, NV, for the Build Nevada Initiative 500,000
Nine Star Enterprises, Anchorage, AK, for a job training initiative 125,000
Northwestern Alaska Career and Technical Center, Nome, AK, for job training programs for high school students 200,000
NW Works--Autism Inclusion Initiative, Winchester, VA, for program development, training, and acquisition of equipment 100,000
Penn Asian Senior Services, Jenkintown, PA, for job training 100,000
Pennsylvania Association for Individuals with Disabilities, Johnstown, PA, for job training 100,000
Philadelphia Shipyard Development Corporation, Philadelphia, PA, for job training 200,000
Project ARRIBA, El Paso, TX, for workforce development and economic opportunities in the West Texas region 100,000
Rapides Parish Police Jury Office of Economic and Workforce Development, Alexandria, LA, for workforce development, employer-based training and education and work-based training for out-of-school- youth 300,000
ReCycle North, Burlington, VT, for workforce development and training activities 500,000
Roca, Inc., Chelsea, MA, for a transitional employment program for high-risk youth and young adults ages 16-24 150,000
Rural Opportunities Inc., Harrisburg, PA, for workforce development 100,000
San Francisco Department of Economic and Workforce Development, San Francisco, CA, for the Green Jobs Workforce Development Training Pilot project 250,000
Seattle-King County Workforce Development Council, Seattle, WA, for demand side workforce development approach training 150,000
Sinclair Community College, Dayton, OH, for workforce development and training activities 150,000
South Carolina Association of Community Development Corporation, Charleston, SC, for development of self-employment job centers 300,000
Southwest Alaska Vocation and Education Center, King Salmon, AK, for workforce development and training 200,000
United Auto Workers Region 9, Local 624, New York, for incumbent worker training 450,000
University of Maryland, Baltimore, Baltimore, MD, For the Life Sciences Workforce Training Center 1,500,000
University of Southern Mississippi, Hattiesburg, MS, for workforce training in Marine Composite 250,000
University of West Florida, Pensacola, FL, to provide job training programs for veterans 100,000
Vermont Agency of Human Services, Waterbury, VT, for an employment services program for veterans with disabilities 1,000,000
Vermont Association of Business, Industry & Rehabilitation, Williston, VT, for employment services to at-risk populations 200,000
Vermont HITEC, Williston, VT, for health care training 1,000,000
Washington Technology Center, Seattle, WA, for a workforce training and retention project 50,000
Washington State Board for Community & Technical Colleges, Federal Way, WA, for training, on-the-job support and career development services in the long-term care sector in Washington State 75,000
Washington Workforce Association, Vancouver, WA, to prepare students to enter secure, local, high-demand occupations in Washington's workforce through job shadowing, internships, and scholarships 450,000
YouthCare, Seattle, WA, for a technology training program for homeless and out-of-school youth 100,000
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Reintegration of Ex-offenders- The Committee recommendation includes $103,493,000 to continue funding for the Reintegration of Ex-offenders program. The comparable fiscal year 2008 level is $73,493,000, while the budget request includes $39,600,000 for this program. The Responsible Reintegration of Ex-offenders program targets critical funding to help prepare and assist ex-offenders to return to their communities, such as pre-release services, mentoring, and case management. The program also provides support, opportunities, education and training to youth who are court-involved and on probation, in aftercare, on parole, or who would benefit from alternatives to incarceration or diversion from formal judicial proceedings.
The Committee recommends $60,000,000 to continue a mentoring initiative that began in program year 2006. The Committee intends for these funds to be used to implement mentoring strategies that integrate educational and employment interventions and prevent youth violence. Funds shall be used first to continue grants, subject to additional need and performance, made with program year 2007 and 2008 funds. The balance should be used for additional grants for mentoring strategies serving schools with high rates of school dropout or identified as persistently dangerous.
Within the Committee recommendation, sufficient funding is available to initiate a competitive grant program, targeting national community-based organizations with demonstrated capacity and proven track records of effectiveness in preparing young ex-offenders and dropouts to re-enter the workforce. The Committee intends for the Department to initiate such a competition using program year 2009 funds.
The Committee urges the Department to award grants to organizations that will: (1) implement programs, practices, or strategies shown in well-designed randomized controlled trials to have sizable, sustained effects on important workforce and reintegration outcomes; (2) adhere closely to the specific elements of the proven program, practice, or strategy; and (3) obtain sizable matching funds for their project from other Federal or non-Federal sources, such as the Adult Training formula grant program authorized under the Workforce Investment Act of 1998, or State or local programs.
Evaluation- The Committee recommends $4,835,000 to provide for the continuing evaluation of programs conducted under the Workforce Investment Act, as well as of federally funded employment-related activities under other provisions of law. The comparable fiscal year 2008 level is $4,835,000 and the budget request includes $9,000,000 for this purpose.
Community-based Job Training Grants- The Committee recommends $125,000,000 for this initiative from the Dislocated Worker National Reserve, as described earlier in this section. This is the same financing arrangement provided for in last year's bill. The budget request includes $125,000,000 for this initiative. The Committee recommendation includes a general provision requiring these grants to be awarded competitively.
The Committee is particularly interested in the Department awarding competitive grants under this initiative for energy-efficiency and renewable energy worker training activities authorized under section 171(e) of the Green Jobs Act of 2007. To date, very little of the grant funding has been provided for such activities and the Committee believes a greater training investment needs to be made in areas such as renewable electric power, biofuels, energy-efficiency assessment and environmentally sustainable manufacturing. Therefore, the Committee directs the Department to consult with the Committee prior to announcing a solicitation for grant applications under this initiative.
Denali Commission- The Committee recommends $6,755,000 for the Denali Commission, as authorized in Public Law 108-7, for job training in connection with infrastructure building projects it funds in rural Alaska. The comparable fiscal year 2008 level is $6,755,000 and the budget proposes to eliminate funding for this purpose. Funding will allow un- and under-employed rural Alaskans to train for better jobs in their villages.
Job Training for Employment in High Growth Industries- The Committee continues to have a strong interest in the initiatives funded from H-1B fees for job training services and related capacity-building activities. The Committee is concerned that 90 percent of the funds made available under the High Growth Job Training Initiative have not been awarded on a competitive basis. The Committee recommendation continues language included in last year's bill which requires awards under the High Growth Job Training Initiative, Community Based Job Training Grants and Workforce Innovation in Regional Economic Development initiative to be made on a competitive basis.
The Committee is particularly interested in the Department awarding competitive grants under this initiative for energy efficiency and renewable energy worker training activities authorized under section 171(e) of the Green Jobs Act of 2007. To date, very little of the grant funding has been provided for such activities. The Committee believes a greater training investment needs to be made in areas such as renewable electric power, biofuels, and energy-efficiency assessment and environmentally sustainable manufacturing. Therefore, the Committee directs the Department to consult with the Committee prior to announcing a solicitation for grant applications under the Job Training for Employment in High Growth Industries' initiative.
COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS
| Appropriations, 2008 | $521,625,000 |
| Budget estimate, 2009 | 350,000,000 |
| Committee recommendation | 571,925,000 |
The Committee recommends $571,925,000 for community service employment for older Americans. The comparable fiscal year 2008 level is $521,625,000 and the budget request includes $350,000,000. This program, authorized by title V of the Older Americans Act, provides part-time employment in community service activities for unemployed, low-income persons aged 55 and over. It is a forward-funded program, so the fiscal year 2009 appropriation will support the program from July 1, 2009, through June 30, 2010.
The program provides a direct, efficient, and quick means to assist economically disadvantaged older workers because it has a proven effective network in every State and in practically every county. Administrative costs for the program are low, and the vast majority of the money goes directly to low-income seniors as wages and fringe benefits.
The program provides a wide range of vital community services that would not otherwise be available, particularly in low-income areas and in minority neighborhoods. Senior enrollees provide necessary and valuable services at Head Start centers, schools, hospitals, libraries, elderly nutrition sites, senior center, and elsewhere in the community.
A large proportion of senior enrollees use their work experience and training to obtain employment in the private sector. This not only increases our Nation's tax base, but it also enables more low-income seniors to participate in the program.
FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES
| Appropriations, 2008 | $888,700,000 |
| Budget estimate, 2009 | 958,800,000 |
| Committee recommendation | 958,800,000 |
The Committee recommends $958,800,000 for Federal Unemployment Benefits and Allowances. The comparable fiscal year 2008 amount is $888,700,000 and the budget request includes $958,800,000 for this purpose. Trade adjustment benefit payments are expected to increase from $606,000,000 in fiscal year 2008 to $667,000,000 in fiscal year 2009, while trade training in fiscal year 2009 will amount to roughly $259,000,000 for an estimated 100,000 participants.
The Trade Adjustment Assistance Reform Act of 2002 consolidated the previous Trade Adjustment Assistance [TAA] and NAFTA Transitional Adjustment Assistance programs, into a single, enhanced TAA program with expanded eligibility, services, and benefits. Additionally, the act provides a program of Alternative Trade Adjustment Assistance for Older Workers.
STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT SERVICE OPERATIONS
| Appropriations, 2008 | $3,307,370,000 |
| Budget estimate, 2009 | 2,782,914,000 |
| Committee recommendation | 3,692,363,000 |
The Committee recommends $3,692,363,000 for this account. The recommendation includes $3,603,028,000 authorized to be drawn from the Employment Security Administration account of the unemployment trust fund, including $40,000,000 in additional program integrity activities described later in this account, and $89,335,000 to be provided from the general fund of the Treasury.
The funds in this account are used to provide administrative grants and assistance to State agencies which administer Federal and State unemployment compensation laws and operate the public employment service.
The Committee bill continues language that allows States to pay the cost of penalty mail from funds allotted to them under the Wagner-Peyser Act and allows States to use funds appropriated under this account to assist other States if they are impacted by a major disaster declared by the President.
The Committee recommends a total of $2,831,872,000 for unemployment insurance activities.
For unemployment insurance [UI] State operations, the Committee recommends $2,782,145,000. These funds are available for obligation by States through December 31, 2009. However, funds used for automation acquisitions are available for obligation by States through September 30, 2011.
The recommendation includes $10,000,000 to conduct in-person reemployment and eligibility assessments and unemployment insurance improper payment reviews. In addition, $40,000,000 is available for this purpose through a discretionary cap adjustment, as provided for in the fiscal year 2009 budget resolution. The Committee is particularly interested in a portion of these funds being used for technology-based overpayment prevention, detection and collection infrastructure investments.
These program integrity activities will save more than $200,000,000 annually in overpayments from the unemployment insurance trust fund. The Committee bill includes language proposed in the budget request that requires the Secretary of Labor to submit interim and final reports on the outcomes achieved through these activities, their associated estimated savings, and identification of best practices that may be replicated.
In addition, the Committee recommendation provides for a contingency reserve amount should the unemployment workload exceed an average weekly insured claims volume of 3,487,000. This contingency amount would fund the administrative costs of the unemployment insurance workload over the level of 3,487,000 insured unemployed per week at a rate of $28,600,000 per 100,000 insured unemployed, with a pro rata amount granted for amounts of less than 100,000 insured unemployed. The President's budget provides for a contingency threshold level of 2,790,000.
For unemployment insurance national activities, the Committee recommends $9,727,000. These funds are directed to activities that benefit the State/Federal unemployment insurance program, including helping States adopt common technology-based solutions to improve efficiency and performance, supporting training and contracting for actuarial support for State trust fund management.
For the Employment Service allotments to States, the Committee recommends $703,776,000, which includes $22,883,000 in general funds together with an authorization to spend $680,893,000 from the Employment Security Administration account of the unemployment trust fund, which is the same as the comparable fiscal year 2008 amounts. The budget request does not include any funds for this purpose. These funds are available for the program year of July 1, 2009 through June 30, 2010.
The Committee also recommends $20,026,000 for Employment Service national activities, the same amount as the budget request. The comparable fiscal year 2008 amount is $19,677,000 for these activities.
As proposed by the administration, the Committee recommends a consolidation of funding sources for foreign labor certification activities. While the President's budget proposed to create a new account for this consolidation, the Committee recommends funding of $70,237,000 under this account. The comparable fiscal year 2008 funding level is $54,004,000 and the President's budget includes $77,970,000 for this purpose. In addition, $13,000,000 is estimated to be available from H-1B fees for processing H-1B alien labor certification applications.
The budget request also includes legislative proposals that would authorize fees for the PERM, H-2A and H-2B programs. The Committee bill defers actions on these proposals, which need to be considered by the appropriate committees of jurisdiction.
The Committee urges the Department to develop and implement program integrity objectives and performance measures related to the foreign labor certification program. The Department of Labor Inspector General has identified this as an area of major concern.
For One-Stop Career Centers and Labor Market Information, the Committee recommends $52,059,000, the same amount as the comparable fiscal year 2008 level. The budget request includes $48,880,000 for these activities. The Committee recommendation includes funding for America's Career Information Network, improving efficiency in labor market transactions, and measuring and displaying WIA performance information.
The Committee has provided funds above the budget request to enable the Secretary to make competitive grants to the State agencies that administer the Wagner-Peyser Act and State unemployment insurance programs. The Committee intends that not less than $2,000,000 of such funds be made available for such agencies to, in coordination with one-stop delivery systems, identify job openings in the renewable energy and energy efficiency sector and refer workers to job openings and such training programs, among other activities authorized under the Green Jobs Act of 2007.
The Committee recommends $14,393,000 for the Work Incentives Grants program, the same amount as the fiscal year 2008 funding level. The budget request proposes to eliminate funding for these activities. This program helps persons with disabilities find and retain jobs through the One-Stop Career Center system mandated by the Workforce Investment Act. Funding will support the Disability Program Navigator initiative, which is intended to ensure that One-Stop systems integrate and coordinate mainstream employment and training programs with essential employment-related services for persons with disabilities. The Committee recommendation includes sufficient funding for evaluation, capacity building, training, and technical assistance, which continues to be needed given the expansion to 47 States.
ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND OTHER FUNDS
| Appropriations, 2008 | $437,000,000 |
| Budget estimate, 2009 | 422,000,000 |
| Committee recommendation | 422,000,000 |
The Committee recommends $422,000,000 for this account, the same amount the budget request. The fiscal year 2008 funding level is $437,000,000 for this purpose. The appropriation is available to provide advances to several accounts for purposes authorized under various Federal and State unemployment compensation laws and the Black Lung Disability Trust Fund, whenever balances in such accounts prove insufficient. The Committee recommendation assumes that fiscal year 2009 advances will be made to the Black Lung Disability Trust Fund, as proposed in the budget request.
The separate appropriations provided by the Committee for all other accounts eligible to borrow from this account in fiscal year 2009 are expected to be sufficient. Should the need arise, due to unanticipated changes in the economic situation, laws, or for other legitimate reasons, advances will be made to the appropriate accounts to the extent funds are available. Funds advanced to the Black Lung Disability Trust Fund are now repayable with interest to the general fund of the Treasury.
PROGRAM ADMINISTRATION
| Appropriations, 2008 | $130,836,000 |
| Budget estimate, 2009 | 144,011,000 |
| Committee recommendation | 131,153,000 |
The Committee recommendation includes $84,368,000 in general funds for this account, as well as authority to expend $46,785,000 from the Employment Security Administration account of the unemployment trust fund, for a total of $131,153,000.
General funds in this account provide the Federal staff to administer employment and training programs under the Workforce Investment Act, the Older Americans Act, the Trade Act of 1974, the Denali Commission Act, the Women in Apprenticeship and Non-Traditional Occupations Act of 1992, and the National Apprenticeship Act. Trust funds provide for the Federal administration of employment security functions under title III of the Social Security Act.
The Committee believes that the public workforce system is strengthened by the effective participation of all of the stakeholders in the system and urges that the Department use a portion of its discretionary funds to support that participation through grants and contracts to intergovernmental, business, labor, and community-based organizations dedicated to training and technical assistance in support of Workforce Investment Boards and their members.
EMPLOYEE BENEFITS SECURITY ADMINISTRATION
SALARIES AND EXPENSES
| Appropriations, 2008 | $139,313,000 |
| Budget estimate, 2009 | 147,871,000 |
| Committee recommendation | 139,313,000 |
The Committee recommends $139,313,000 for the Employee Benefits Security Administration [EBSA], the same amount as the fiscal year 2008 funding level. The budget request includes $147,871,000.
The EBSA is responsible for the enforcement of title I of the Employee Retirement Income Security Act of 1974 [ERISA] in both civil and criminal areas. EBSA is also responsible for enforcement of sections 8477 and 8478 of the Federal Employees' Retirement Security Act of 1986 [FERSA]. In accordance with the requirements of FERSA, the Secretary of Labor has promulgated regulations and prohibited transactions class exemptions under the fiduciary responsibility and fiduciary bonding provisions of the law governing the Thrift Savings Plan for Federal employees. In addition, the Secretary of Labor has, pursuant to the requirement of section 8477(g)(1) of FERSA, established a program to carry out audits to determine the level of compliance with the fiduciary responsibility provisions of FERSA applicable to Thrift Savings Plan fiduciaries. EBSA provides funding for the enforcement and compliance; policy, regulation, and public services; and program oversight activities.
PENSION BENEFIT GUARANTY CORPORATION
The Corporation's estimated obligations for fiscal year 2009 include single employer benefit payments of $4,818,000,000, multi-employer financial assistance of $100,000,000 and administrative expenses of $444,722,000. Administrative expenses are comprised of three activities: (1) Pension insurance activities, $68,548,000; (2) pension plan termination expenses, $240,406,000; and (3) operational support, $135,768,000. Such expenditures will be financed by permanent authority. The budget request proposes to make these funds available until expended.
The Pension Benefit Guaranty Corporation is a wholly owned Government corporation established by the Employee Retirement Income Security Act of 1974. The law places it within the Department of Labor and makes the Secretary of Labor the chair of its board of directors. The corporation receives its income primarily from insurance premiums collected from covered pension plans, assets of terminated pension plans, collection of employer liabilities imposed by the act, and investment earnings. The primary purpose of the corporation is to guarantee the payment of pension plan benefits to participants if covered defined benefit plans fail or go out of existence.
The President's budget proposes to continue from last year's bill a contingency fund for the PBGC that provides additional administrative resources when the number of participants in terminated plans exceeds 100,000. When the trigger is reached, an additional $9,200,000 becomes available for every 20,000 participants in terminated plans. A trigger also is included for additional investment management fees for plan terminations or asset growth. The Committee recommendation includes this language to ensure that the PBGC can take immediate, uninterrupted action to protect participants' pension benefits. The Committee expects to be notified immediately of the availability of any funds made available by this provision.
The President's budget also includes language that provides additional funds for investment management fees for changes in investment policies approved by the Board. The proposed language also allows PBGC additional obligation authority for unforeseen and extraordinary pre-termination expenses, after approval by the Office of Management and Budget and notification of the Committees on Appropriations of the House of Representatives and Senate. The Committee bill only includes the requested language related to unforeseen expenses.
The single-employer program protects about 33.8 million participants in approximately 28,900 defined benefit pension plans. The multi-employer insurance program protects about 9.9 million participants in more than 1,500 plans.
EMPLOYMENT STANDARDS ADMINISTRATION
SALARIES AND EXPENSES
| Appropriations, 2008 | $420,925,000 |
| Budget estimate, 2009 | 468,660,000 |
| Committee recommendation | 438,359,000 |
The Committee recommends $438,359,000 for this account. The bill contains authority to expend $2,022,000 from the special fund established by the Longshore and Harbor Workers' Compensation Act; the remainder of $436,337,000 are general funds. In addition, an amount of $32,308,000 is available by transfer from the black lung disability trust fund. The Committee continues to recommend bill language that authorizes the Employment Standards Administration to assess and collect fees to defray the cost for processing applications for homeworker and special minimum wage certifications, and applications for registration under the Migrant and Seasonal Agricultural Worker Protection Act.
The Employment Standards Administration is involved in the administration of numerous laws, including the Fair Labor Standards Act, the Immigration and Nationality Act, the Migrant and Seasonal Agricultural Workers' Protection Act, the Davis-Bacon Act, the Family and Medical Leave Act, the Federal Employees' Compensation Act [FECA], the Longshore and Harbor Workers' Compensation Act, and the Federal Mine Safety and Health Act (black lung).
This recommendation provides sufficient funding to offset the impact of inflation, and includes more than $5,000,000 to hire new investigators to conduct inspections and investigations of industries with high concentrations of low-wage and other vulnerable workers, and industries with high levels of wage and hour violations, including overtime violations.
The Committee requests the Department to include, as part of its fiscal year 2010 budget justification, a detailed report on its enforcement efforts aimed at low-wage industries, including: the measures being used to gauge compliance; the enforcement strategy being pursued in each of these industries; the number of investigators who are bilingual (and in what languages); the number of investigations prompted by complaints from workers and those initiated by the Department; the number of workers covered by those investigations; the employer practices that form the basis of complaints; and the findings and actions taken, including recovery of back wages.
The Committee is concerned about the misclassification of employees as independent contractors, which undermines enforcement of the Nation's worker-protection laws. The Committee encourages the Wage and Hour Division to focus increased attention of investigative personnel and resources to detecting and taking enforcement actions against the illegal misclassification of workers and unreported cash pay. The Committee requests that the fiscal year 2010 budget justification include detailed information on the Department's enforcement strategy and record on misclassification and unreported cash pay, including: the measures established to gauge compliance; the number of investigations prompted by complaints from workers and those initiated by the Department; the number of workers covered by those investigations; descriptive data on the employer practices that form the basis of the complaint; and the findings and actions taken, including recovery of back pay, other compensatory measures, and cross-referral of complaints to the Internal Revenue Service.
The Committee is concerned that the proposed regulations to the Family and Medical Leave Act [FMLA] published on February 11, 2008, have suggested alterations to the current regulations without collecting objective, high-quality data to support these changes. The Committee believes that the Department should move expeditiously to promulgate regulations to implement the new military leave provisions to the FMLA that Congress enacted in the National Defense Authorization Act of 2008. However, the Committee also believes the Department needs to do more on the non-military aspect of the proposed regulation and should conduct an objective, comprehensive survey of both employers and employees, as was done in 2000, on the need for the proposed changes to the current rules. Therefore, the Committee requests the Department to withhold from finalizing regulations (not including rules on the military family leave provisions as discussed in 73 Fed. Reg. at 7925-33) that are not based on the survey described above, unless the results of such survey show an objective and compelling need for changes to the current regulations.
The recommendation includes $1,000,000 to continue activities for the expeditious startup of a system to resolve claims of victims for bodily injury caused by asbestos exposure. This may include contracts with individuals or entities having relevant experience to assist in jump starting the program, as described in S. 852, the Fair Act of 2005. Activities to shorten the lead-time for implementation of asbestos activities encompass procedures for the processing of claims, including procedures for the expediting of exigent health claims, and planning for promulgation of regulations. Funds not needed for this purpose, because authorizing legislation has not been enacted, should be used for additional investigations as outlined in the budget request.
The Committee recommendation includes a rescission of $63,000,000 in unexpended balances from H-1B fee receipts the Department has been unable to spend over the past several fiscal years. The budget proposes to rescind $30,000,000 of these balances.
SPECIAL BENEFITS
| Appropriations, 2008 | $203,000,000 |
| Budget estimate, 2009 | 163,000,000 |
| Committee recommendation | 163,000,000 |
The Committee recommends $163,000,000 for this account. The comparable fiscal year 2008 amount is $203,000,000 and the budget request includes $163,000,000 for this purpose. The appropriation primarily provides benefits under the Federal Employees' Compensation Act [FECA].
The Committee recommends continuation of appropriation language to provide authority to require disclosure of Social Security account numbers by individuals filing claims under the Federal Employees' Compensation Act or the Longshore and Harbor Workers' Compensation Act and its extensions.
The Committee recommends continuation of appropriation language that provides authority to use the FECA fund to reimburse a new employer for a portion of the salary of a newly reemployed injured Federal worker. The FECA funds will be used to reimburse new employers during the first 3 years of employment not to exceed 75 percent of salary in the worker's first year, declining thereafter.
The Committee recommendation also continues language allowing carryover of unobligated balances from fiscal year 2008 to be used in the following year.
The Committee again includes appropriation language that retains the drawdown date of August 15. The drawdown authority enables the agency to meet any immediate shortage of funds without requesting supplemental appropriations. The August 15 drawdown date allows flexibility for continuation of benefit payments without interruption.
The Committee recommends continuation of appropriation language to provide authority to deposit into the special benefits account of the employees' compensation fund those funds that the Postal Service, the Tennessee Valley Authority, and other entities are required to pay to cover their fair share of the costs of administering the claims filed by their employees under FECA. The Committee concurs with requested bill language to allow use of fair share collections to fund capital investment projects and specific initiatives to strengthen compensation fund control and oversight.
SPECIAL BENEFITS FOR DISABLED COAL MINERS
| Appropriations, 2008 | $208,221,000 |
| Budget estimate, 2009 | 188,130,000 |
| Committee recommendation | 188,130,000 |
The Committee recommends an appropriation of $188,130,000 in fiscal year 2009 for special benefits for disabled coal miners. This is in addition to the $62,000,000 appropriated last year as an advance for the first quarter of fiscal year 2009. These funds are used to provide monthly benefits to coal miners disabled by black lung disease and to their widows and certain other dependents, as well as to pay related administrative costs.
The Black Lung Consolidation of Administrative Responsibility Act, enacted on November 2, 2002, amends the Black Lung Benefits Act to transfer part B black lung benefits responsibility from the Commissioner of Social Security to the Secretary of Labor, thus consolidating all black lung benefit responsibility under the Secretary. Part B benefits are based on claims filed on or before December 31, 1973. The Secretary of Labor is already responsible for the part C claims filed after December 31, 1973. In fiscal year 2009, an estimated 27,700 beneficiaries will receive benefits.
By law, increases in black lung benefit payments are tied directly to Federal pay increases. The year-to-year decrease in this account reflects a declining beneficiary population.
The Committee recommends an advance appropriation of $56,000,000 for the first quarter of fiscal year 2010, the same as the administration request. These funds will ensure uninterrupted benefit payments to coal miners, their widows, and dependents.
ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM
| Appropriations, 2008 | $49,387,000 |
| Budget estimate, 2009 | 49,654,000 |
| Committee recommendation | 49,654,000 |
The Committee recommends $49,654,000 for the Energy Employees Occupational Illness Compensation Program [EEOICP]. The comparable fiscal year 2008 amount is $49,387,000 and the budget request includes $49,654,000 for this program.
The objective of the EEOICP is to deliver benefits to eligible employees and former employees of the Department of Energy, its contractors and subcontractors or to certain survivors of such individuals, as provided in the Energy Employees Occupational Illness Compensation Program Act. The mission also includes delivering benefits to certain beneficiaries of the Radiation Exposure Compensation Act.
The Department of Labor's Office of Workers' Compensation Programs within the Employment Standards Administration is responsible for adjudicating and administering claims filed by employees or former employees (or their survivors) under the act.
The Committee recommends a direct appropriation to the Centers for Disease Control and Prevention/National Institute for Occupational Safety and Health [CDC/NIOSH] under the Department of Health and Human Services, as proposed in the budget request. Previously, the appropriations act provided the Department of Labor with the authority to transfer appropriated funds to CDC/NIOSH for authorized activities.
In 2009, the volume of incoming claims under part B of the EEOICP is estimated to remain stable at about 8,500 claims from Department of Energy [DOE] employees or survivors, and private companies under contract with DOE, who suffer from a radiation-related cancer, beryllium-related disease, or chronic silicosis as a result of their work in producing or testing nuclear weapons.
Under part E, the Department is expected to receive approximately 10,000 new claims during fiscal year 2009. Under this authority, the Department provides benefits to eligible DOE contractor employees or their survivors who were found to have work-related occupational illnesses due to exposure to a toxic substance at a DOE facility.
The Committee expects the administration to refrain from unilateral changes to reduce the cost of benefits for current or pending cohorts of atomic weapons workers with cancer under the Energy Employees Occupational Illness Compensation Program until such time as Congress approves proposed changes.
BLACK LUNG DISABILITY TRUST FUND
| Appropriations, 2008 | $1,067,644,000 |
| Budget estimate, 2009 | 1,071,644,000 |
| Committee recommendation | 1,071,644,000 |
The Committee recommends $1,071,644,000 for this account in 2009. The comparable fiscal year 2008 amount is $1,067,644,000 and the budget request includes $1,071,644,000 for this purpose.
The appropriation language continues to provide indefinite authority for the Black Lung Disability Trust Fund to provide for benefit payments. The recommendation assumes that $1,014,317,000 for benefit payments and interest, comprised of $256,317,000 for benefits payments and $758,000,000 for interest payments, will be paid in fiscal year 2009. In addition, the appropriation bill provides for transfers from the trust fund for administrative expenses for the following Department of Labor agencies: up to $32,308,000 for the Employment Standards Administration, up to $24,694,000 for Departmental Management, Salaries and Expenses, and up to $325,000 for Departmental Management, Inspector General. The bill also allows a transfer of up to $356,000 for the Department of Treasury.
The trust fund pays all black lung compensation/medical and survivor benefit expenses when no responsible mine operation can be assigned liability for such benefits, or when coal mine employment ceased prior to 1970, as well as all administrative costs which are incurred in administering the benefits program and operating the trust fund.
It is estimated that 31,000 individuals will receive black lung benefits financed through the end of the fiscal year 2009.
The basic financing for the trust fund comes from a coal excise tax for underground and surface-mined coal. Additional funds come from reimbursement from the Advances to the Unemployment Trust Fund and Other Funds as well as payments from mine operators for benefit payments made by the trust fund before the mine operator is found liable. The advances to the fund assure availability of necessary funds when liabilities may exceed other income. The Omnibus Budget Reconciliation Act of 1987 continues the current tax structure until 2014.
OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION
SALARIES AND EXPENSES
| Appropriations, 2008 | $486,001,000 |
| Budget estimate, 2009 | 501,674,000 |
| Committee recommendation | 504,620,000 |
The Committee recommends $504,620,000 for this account. The comparable fiscal year 2008 amount is $486,001,000 and the budget request includes $501,674,000 for authorized activities. This agency is responsible for enforcing the Occupational Safety and Health Act of 1970 in the Nation's workplaces.
In addition, the Committee has included language to allow OSHA to retain up to $750,000 per fiscal year of training institute course tuition fees to be utilized for occupational safety and health training and education grants in the private sector.
The Committee retains language carried in last year's bill effectively exempting farms employing 10 or fewer people from the provisions of the act except those farms having a temporary labor camp. The Committee also retains language exempting small firms in industry classifications having a lost workday injury rate less than the national average from general schedule safety inspections. These provisions have been in the bill for many years.
The Committee is concerned that OSHA's standard setting and enforcement capabilities have been diminished over the past several years, due in part to declining budgets. The number of employees covered by inspections has fallen from almost 2.1 million in fiscal year 2000 to just more than 1.4 million in fiscal year 2007, a decline of almost one-third. Meanwhile, the pace of occupational safety and health standards setting at OSHA has essentially drawn to a halt, despite planned timetables announced in its regulatory agendas. The Committee recommends funding above the 2008 level to begin rebuilding enforcement capacity and increase the pace of standard setting at OSHA in fiscal year 2009.
The Committee notes that, in 2006, there were 357,160 serious ergonomic injuries resulting in time off the job reported by employers. The Committee is disturbed that the Department has failed to make sufficient progress on its comprehensive plan to address ergonomic injuries, which included industry-targeted guidelines and tough enforcement measures. Despite this commitment, the Department only issued one ergonomic citation over the past 3 years, 3 of 16 promised guidelines and almost 90 percent fewer hazard alert letters than the number issued in 2003. The Committee believes that OSHA should strengthen its efforts in this area.
The Committee is deeply concerned that a large proportion of work-related injuries and illnesses are not being captured on the OSHA Log of Work-related Injuries and Illnesses or in the annual Bureau of Labor Statistics [BLS] Survey of Occupational Injuries and Illnesses. The Committee understands that several recent studies found that the BLS survey may miss from 25 percent to 70 percent of all nonfatal injuries and illnesses, when compared to State workers' compensation information. While there is some explanation for why these data systems won't match completely, the Committee believes this level of apparent under-reporting raises serious questions, particularly when firms may have economic incentives to underreport and workers may fear retaliation for reporting injuries.
Given that complete and accurate reporting of injuries and illnesses is part of the foundation of the OSHA program, the Committee believes OSHA needs to take steps to better understand the completeness of employer-provided data. Specifically, the Committee directs OSHA to enhance oversight and enforcement of its recordkeeping standard to ensure complete and accurate recording and reporting by employers. To this end, the Committee has included $1,000,000 above the budget request for a recordkeeping enforcement initiative on injury and illness recording. This funding will support the hiring of additional staff, training of inspectors, and the establishment of a recordkeeping enforcement unit, which will enable OSHA to review the completeness and accuracy of individual employers' injury and illness records and determine whether there are policies or practices in place that cause incomplete reporting of injuries and illnesses by employees. The Committee expects OSHA to keep it updated of its actions in this area.
The Committee believes that OSHA's worker safety and health training and education programs, including the grant program that supports such training, are a critical part of a comprehensive approach to worker protection. The Committee is concerned that OSHA has again cut funding to help establish ongoing worker safety and health training programs and has therefore restored the Susan Harwood training grant program to $9,939,000. Bill language specifies that no less than $3,144,000 shall be used to maintain the existing institutional competency building training grants, provided that grantees demonstrate satisfactory performance.
The Committee included legislative language in the fiscal year 2008 appropriations act to require OSHA to submit timelines for and progress reports on the development and issuance of safety and health standards and took this action because of the lack of any progress on standards setting. The Committee is particularly concerned about the health effects of silica, where the use of silica in abrasive blasting is a well known cause of silicosis. In fact, the Committee understands that the United States Navy and 23 States have banned the use of silica in abrasive blasting.
The Committee understands that OSHA will complete, in August 2008, a peer review risk assessment and study of health effects related to silica. The Committee requests a copy of this assessment and looks forward to OSHA announcing the next stages of this rulemaking.
MINE SAFETY AND HEALTH ADMINISTRATION
SALARIES AND EXPENSES
| Appropriations, 2008 | $331,847,000 |
| Budget estimate, 2009 | 332,061,000 |
| Committee recommendation | 346,895,000 |
The Committee recommendation includes $346,895,000 for the Mine Safety and Health Administration. The comparable fiscal year 2008 amount is $331,847,000 and the budget request includes $332,061,000.
The Committee recommendation also includes bill language providing up to $2,000,000 for mine rescue and recovery activities, the same as the fiscal year 2008 comparable level. It also retains the provision allowing the Secretary of Labor to use any funds available to the Department to provide for the costs of mine rescue and survival operations in the event of a major disaster.
This agency insures the safety and health of the Nation's miners by conducting inspections and special investigations of mine operations, promulgating mandatory safety and health standards, cooperating with the States in developing effective State programs, and improving training in conjunction with States and the mining industry.
In addition, bill language is included to allow the National Mine Health and Safety Academy to collect not more than $750,000 for room, board, tuition, and the sale of training materials to be available for mine safety and health education and training activities. Bill language also allows MSHA to retain up to $1,000,000 from fees collected for the approval and certification of equipment, materials, and explosives for use in mines, and may utilize such sums for such activities.
The Committee recommends $154,491,000 for coal enforcement, which is $9,509,000 more than the budget request and $4,368,000 more than the comparable fiscal year 2008 level. The increase, together with approximately $6,000,000 available in one-time expenditures related to the MSHA interim 100 percent plan, will provide a program level increase of over $10,000,000 for MSHA.
The Committee intends for these funds to be used to accelerate the implementation of the MINER Act and improve the health and safety of miners. The Committee believes MSHA needs to move more aggressively in a number of areas where evidence reveals that insufficient progress is being made, as described below. The additional funds provided over the request are specifically directed toward ensuring MSHA is able to conduct and follow-up on 100 percent of its mandatory inspections; adequately train and hire coal mine safety enforcement personnel; improve the infrastructure at the National Mine Health and Safety Academy; accelerate the certification and approval of safety and health equipment, including the communication and tracking technologies required in the MINER Act; and ensure the compliance with and effectiveness of statutory training requirements. In each of these areas and others specifically required by the MINER Act, the Committee requests quarterly progress reports on the progress being made with funding provided by this Committee.
The Committee notes that MSHA conducted 95 percent of mandatory inspections in the coal industry during fiscal year 2006. In some districts, only 80 to 85 percent of mandatory inspections were completed. The Committee finds this unacceptable. These inspections form the core of the agency's enforcement efforts, and without them, the health and safety of miners is jeopardized. The Committee expects MSHA to ensure that no less than 100 percent of mandatory health and safety inspections are completed in fiscal years 2008 and 2009 and any follow-up actions required are taken in a timely manner.
The Committee is concerned about the reported increases in respiratory illnesses in the coal miner population. Within the Committee recommendation, $2,000,000 shall be used by MSHA to increase spot inspections in the active workings of coal mines for the purpose of obtaining compliance with section 202 of the Federal Coal Mine Health and Safety Act of 1969. In addition, the Committee requests MSHA to provide a report, not later than March 31, 2009 and after consultation with the National Institute for Occupational Safety and Health, on the feasibility and efficacy of MSHA using single, full-shift measurements of respirable coal mine dust to ensure compliance with section 202 of the Federal Coal Mine Health and Safety Act of 1969.
The Committee also is aware that the Government Accountability Office [GAO] implementation report issued in May 2007 identified continued concerns about MSHA's preparedness for dealing with its future workforce needs, which are expected to be significant given that more than 40 percent of underground coal mine inspectors are eligible to retire within the next 5 years. Many of these retirees are highly experienced, which adds to the impact of these losses. GAO has concluded that MSHA lacks a clear and well-thought-out plan to address the expected turnover in its experienced workforce. The Committee directs MSHA to undertake a strategic planning process to identify goals and measures for monitoring and evaluating its progress on staying ahead of the retirement wave and meeting the needs of its enforcement workforce. The Committee requests a report, no later than March 30, 2009, that includes a 5-year succession plan and goals and measures related to MSHA's human capital needs.
To help meet the demand for training of MSHA's workforce, the Committee recommendation includes an increase over the budget request of $2,000,000 to improve the infrastructure and expand on-line training programs at the National Mine Safety and Health Academy. These funds are available under the educational policy and development line.
The Committee also notes MSHA's operating plan indicates that the Approval and Certification Center has a backlog of more than 400 approval actions. While additional funding provided in 2008 will help reduce this backlog through the hiring of an additional seven staff, the Committee believes more needs to be done to strengthen the ability of MSHA to review and certify equipment for use in mines. The Committee recommends $1,000,000 more than the budget request for equipment and infrastructure improvement at the Approval and Certification Center to make more progress on reducing this backlog.
The Committee recommendation also includes $1,900,000 for an award to the United Mine Workers of America to provide classroom and simulated rescue training for mine rescue teams at its Beckley, West Virginia and Washington, Pennsylvania career centers. The Committee notes that a GAO report issued in May 2007 found that 81 percent of mine operators considered the availability of special training facilities for mine rescue team training in simulated environments to be a challenge.
The Committee understands the Office of Accountability was established to provide focus and oversight to ensure that MSHA policies, enforcement procedures, and guidance are being complied with consistently and that the agency is accomplishing its mission-critical activities. The Office conducts field audits, recommends and monitors corrective actions and analyzes mining data. The Committee requests that MSHA prepare and provide a report to the Committee, no later than March 31, 2009, on staffing and budget resources expended or planned for fiscal years 2008 and 2009; findings and recommendations of audits conducted to date; and corrective actions implemented.
BUREAU OF LABOR STATISTICS
SALARIES AND EXPENSES
| Appropriations, 2008 | $544,801,000 |
| Budget estimate, 2009 | 592,806,000 |
| Committee recommendation | 598,306,000 |
The Committee recommends $598,306,000 for this account. The comparable fiscal year 2008 amount is $544,801,000 and the budget request includes $592,806,000 for this purpose. The recommendation includes $82,764,000 from the Employment Security Administration account of the unemployment trust fund, and $515,542,000 in Federal funds. Language pertaining to the Current Employment Survey is retained from prior year bills.
The Bureau of Labor Statistics is the principal fact-finding agency in the Federal Government in the broad field of labor economics.
The Committee is concerned by the significant discrepancies found in comparisons of BLS injury and illness survey data, which are based on employer-reported injury logs provided to the Occupational Safety and Health Administration [OSHA], and State worker compensation information. The research identified that the BLS data were only capturing as few as one-third of injuries under certain State worker compensation systems. While there is some explanation for why data from State worker compensation systems won't match perfectly with the BLS survey data, the research conducted to date raises serious questions about the completeness of the national workplace injury surveillance system.
Therefore, the Committee recommendations includes additional resources, which are intended to be used to: strengthen the current BLS examination of the differences between workers' compensation information and BLS survey data; better understand employer injury and illnesses recording practices and conduct a pilot study of using multiple data sources to capture injury and illness data. The Committee expects to be kept apprised of BLS work in this area.
The Committee understands that BLS is in the process of converting the National Compensation Survey sample of areas to a list that reflects the metropolitan and micropolitan areas defined by the Office of Management and Budget on the basis of the 2000 Census of Population. The Committee further understands that this conversion, which is planned to take several years, includes initiating a survey of the Las Vegas metropolitan area. The Committee supports this action and has included sufficient funding to complete this conversion process in a timely basis.
The Committee recommendation includes $1,500,000 to continue the Mass Layoff Statistics Program. These resources, together with $3,500,000 from the Employment and Training Administration, are sufficient to continue the program. The Committee recommendation also includes sufficient funding to continue the American Time Use Survey in its current form.
OFFICE OF DISABILITY EMPLOYMENT POLICY
| Appropriations, 2008 | $26,679,000 |
| Budget estimate, 2009 | 12,441,000 |
| Committee recommendation | 26,679,000 |
The Committee recommends $26,679,000 for this account in 2009, the same amount as the comparable fiscal year 2008 level. The budget request includes $12,441,000 for this account. The Committee intends that at least 80 percent of these funds shall be used to design and implement research and technical assistance grants and contracts to develop policy that reduces barriers to employment for youth and adults with disabilities.
Congress created the Office of Disability Employment Policy [ODEP] in the Department of Labor's fiscal year 2001 appropriation. The mission of the ODEP is to provide leadership, develop policy and initiatives, and award grants furthering the objective of eliminating barriers to the training and employment of people with disabilities. The Committee strongly supports each of the components of ODEP's mission and, in particular, urges the Secretary to ensure that ODEP is properly supported in carrying out its leadership role with respect to Government-wide policies related to the training and employment of individuals with disabilities.
The Committee recommends $500,000 for the Office of Disability Employment Policy to expand a structured, internship program for undergraduate college students with disabilities. The Committee continues to believe that this structured internship program will provide important opportunities for undergraduate and graduate students with disabilities to pursue academic and career development opportunities within the Department of Labor and other Federal agencies.
DEPARTMENTAL MANAGEMENT
SALARIES AND EXPENSES
| Appropriations, 2008 | $293,952,000 |
| Budget estimate, 2009 | 263,483,000 |
| Committee recommendation | 314,340,000 |
The Committee recommendation includes $314,340,000 for this account. The comparable fiscal year 2008 amount is $293,952,000 and the budget request includes $263,483,000 for this purpose. In addition, an amount of $24,694,000 is available by transfer from the black lung disability trust fund.
The primary goal of the Department of Labor is to protect and promote the interests of American workers. The departmental management appropriation finances staff responsible for formulating and overseeing the implementation of departmental policy and management activities in support of that goal. In addition, this appropriation includes a variety of operating programs and activities that are not involved in departmental management functions, but for which other salaries and expenses appropriations are not suitable.
The Committee recommendation for the Women's Bureau includes funding for a competitive grant of no less than $600,000 in fiscal year 2009 to: develop resources and provide technical assistance to local women's employment and training programs throughout the country; develop Statewide networks to enhance the capacity of such employment and training programs; provide online and toll-free referral services to assist individual women in accessing such training programs; and conduct other activities to advance unemployed and underemployed women in the workforce.
The Committee is disappointed that the Department of Labor has once again proposed a budget that drastically reduces funding for International Labor Affairs Bureau [ILAB], in particular, those initiatives working with the International Labor Organization [ILO] to combat abusive and exploitative child labor and implement model programs to address worker rights.
The Committee strongly supports the mandate of the Office of Child Labor, Forced Labor, and Human Trafficking [OCFT] which is part of the Department of Labor's ILAB. For the past decade, the OCFT has responded to requests from Congress to investigate and report on abusive child labor around the world. The OCFT played a key role in the drafting of ILO's Convention 182, which became the world's definition of the worst forms of child labor and their expertise in combating international child labor, forced labor and human trafficking issues are vital to formulating U.S. Government policy.
This Committee and Congress have provided OCFT with significant funding to implement activities, such as research and technical assistance related to international child labor, forced labor, and human trafficking. The Committee has provided funding to OCFT to implement and oversee over 130 cooperative agreements and contracts to organizations engaged in efforts to eliminate exploitive child labor in more than 70 countries around world. In 2005, the Trafficking Victim Protection Reauthorization Act mandated OCFT to monitor the use of forced labor and child labor in violation of international standards. Additionally, OCFT prepares an annual report to Congress on GSP countries implementation of international commitments to eliminate the worst forms of child labor as well as those countries that have negotiated free trade agreements with the United States.
Clearly, these programs administered by ILAB are having a positive impact, and the Committee feels strongly that reducing United States efforts to eradicate child labor or substantially changing the structure and leadership of those efforts would, at best, endanger the progress being made. At worst, withdrawing from these efforts could damage the Nation's credibility and reputation in the countries that are real partners to the United States in this effort.
The Committee is aware that the administration is aggressively pursuing multiple trade agreements that promise technical assistance on labor standards, including but not limited to the eradication of child labor. ILAB is the division of the U.S. Government with the mission and authority to provide that assistance. Given the aggressive trade agenda and the recent commitment to capacity building in developing nations as a form of aid, the Committee is mystified by the Department's now annual effort to eliminate these programs, this year proposing an astounding 80 percent reduction.
Therefore, the Committee recommendation includes $86,074,000 for the Bureau of International Labor Affairs. Of this amount, the Committee directs $42,784,000 be used for the United States contribution to expand on the successful efforts of the ILO's International Program for the Elimination of Child Labor [IPEC].
Also included is $23,581,000 to help ensure access to basic education for the growing number of children removed from the worst forms of child labor in impoverished nations where abusive and exploitative child labor is most acute. The Committee expects the Department of Labor to work with the governments of host countries to eliminate school fees that create a barrier to education.
The Committee believes that the oversight committee created in 2006 to publicly report on the progress of the implementation of the Harkin-Engel protocol, a public private partnership to eliminate the worst forms of child labor and adult forced labor in the cocoa sector of West Africa, has been beneficial to all stakeholders. Due to a delay in the implementation of a transparent certification system, it will be necessary to extend the oversight process until December 2010. The Committee has included sufficient funds to support additional annual reporting through the extension period. The Committee intends for the additional reporting to assess progress made on key points of the protocol, which include development of a child labor monitoring system by industry, the elimination of the worst forms of child labor in the supply chain, and the development of an industry-wide, public, transparent certification system covering at least 50 percent of the growing area in the Ivory Coast and Ghana. The Committee requests that the annual report also include a programmatic review of industry and national government efforts to remediate children found in the worst forms of child labor and adult forced labor in the cocoa supply chain, as well as recommendations on the frequency of data collection needed in the field to accurately and affirmatively report on the incidence of the worst forms of child labor and adult forced labor in order to measure the decline over time of these abusive labor practices.
The Committee recommends continuation of the worker rights technical assistance projects initiated in last year's bill. These projects will support the implementation of model programs designed to address worker rights in countries with which the United States has trade preference programs. The Committee bill earmarks $5,913,000 for this purpose and intends for the increase provided over last year to be targeted to the work that will be undertaken in Haiti.
The Committee notes that ILAB is statutorily required to compile and report to the Congress annually on the extent to which each foreign country that has trade and investment agreements with the United States enforces internationally recognized worker rights. This report is required under multiple U.S. laws and promotes core labor standards as embodied in the ILO Declaration on Fundamental Principles and Rights at Work as adopted and reaffirmed in 1998. The Committee once again directs the Secretary to include in the 2008 report all former GSP recipients that have achieved a Free Trade Agreement with the United States over the preceding year.
The Committee recommends $100,532,000 for the Office of the Solicitor. The Committee intends for the increase provided to support no less than an increase of five FTEs over the fiscal year 2008 staffing level for enforcement support for the Mine Safety and Health Administration.
OFFICE OF JOB CORPS
| Appropriations, 2008 | $1,610,506,000 |
| Budget estim |