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May 7, 2009   
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FY 2010 Budget


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Ask Secretary Solis about the FY 2010 Budget

From: Jake - Washington, DC.

Q: Hello. Does Labor department have any plan to minimize American jobs being outsourced overseas and foreign worker coming in to take blue and white collar jobs that can be performed by Americans. Thank you.


A:Our investment in Green Jobs and healthcare careers are examples of two areas where jobs are least likely to be outsourced. We also use employee fee revenues to support training in careers where employers have previously turned to foreign labor.
From: Elizabeth - New Jersey 2:17 EDT

Q: What are the plans to include an Office of Mature Workers or a Mature Workers Bureau to parallel the current Office of Disability Employment and the Women's Bureau.


A: What are the plans to include an Office of Mature Workers or a Mature Workers Bureau to parallel the current Office of Disability Employment and the Women's Bureau.
From: James - New Jersey 2:16 EDT

Q: Do you forsee a new vision for the Office of Federal Contract Compliance Programs?


A: Yes, our budget increases resources for the OFFCP by $27.4 million, a 33 percent increase over FY 2009 in recognition of the importance of monitoring the compliance of equal opportunity and affirmative action provisions of federal contracts.
From: Sarah - Seattle 2:15 EDt

Q: How will DOL help end homelessness in America?


A: One role that the Department of Labor plays in combating homelessness is our competitive grant program for homeless veterans. The FY 2010 budget increases that program $9 million dollars bringing the total to $35.3 million - an increase of 34 percent. We are also encouraging our one-stop centers to provide wraparound services to all disadvantaged, including those at-risk of homelessness.
From: Ken Ward, The Charleston Gazette 2:14 EDT

Q: Why does OSHA get a 10 percent budget increase, while MSHA only gets 2 percent? And why isn't mine safety highlighted in any of these budget materials? Is protecting the nation's miners simply not a priority for the Department?


A: Over the past several years, MSHA has received large budget increases, which have allowed the agency to step up its enforcement significantly, including the ability to conduct 100 percent of its mandatory mine inspections. On the other hand, OSHA’s budget has remained flat over the last few years. For example, between 2001 and 2009, OSHA’s staff levels fell by nine percent, while MSHA’s remained steady. In addition, the FY 2010 increase for OSHA’s state programs is the first significant increase in years.
From: Edward - Willow Park, TX 2:14 EDT

Q: Knowing that OWCP has started to use the 6th Edition of the AMA to permanent impairment to determine the percentage of entitlement to a schedule award effective 5/1/09, why are District office's requiring claimants to re-submit evaluations using the 6th Edition when the District offices have received prior to 5/01 a completed CA-7, claim for a schedule award, and a medical report using the 5th Edition?


A: Division of Federal Employees' Compensation (DFEC) procedures establish that any permanent impairment decision issued after May 1, 2009, must be based on the 6th Edition of the AMA Guides to the Evaluation of Permanent Impairment. Medical evaluations based on the 5th Edition of the Guides may not contain sufficient medical information to determine the percentage of permanent impairment under the 6th Edition of the Guides. Consequently, an individual requesting compensation for permanent impairment is provided the opportunity to submit a medical evaluation by their own treating physician which is based on the current edition of the Guides prior to arranging for an evaluation by a second opinion physician.
From: Brian - Denver 2:14 EDT

Q: Thank you for doing this webinar. We are particularly interested in developing the current and a new generation of healthcare workforce, for the workorce shortage is strong, and un avoidably will get more serious. Will DOL be targeting or supporting the healthcare sector in any way? thank you for your time.


A: Yes, the healthcare sector will be an important target for training in several programs including the new career pathways innovations fund and future H1B training grants. In addition, ETA guidance for the FY 2009 formula funds encouraged states and localities to develop health care sector training strategies.
From: Kenneth - Wisconsin 2:13 EDT

Q: Are you or will you re-appropriate funds to the Native Labor grantees to assist tribal members in their Tribal WIA programs?


A: Yes, we have a budget request for $52.7M in FY2010. This will allow us to develop more fully the academic, occupational, and literacy skills of such individuals; make them more competitive in the workforce; and promote the economic and social development of Native Americans and their communities in accordance with the goals and values of such communities.
From: Chris Newman, Argus Media 2:12 EDT

Q: Where does the agency put MSHA funding in the budget? Is there any shift in resources for mine safety inspections?


A: MSHA funding is requested under the heading “Mine Safety and Health Administration." The budget requests an increase of $6.7 million, including $1.3 million for 15 additional metal and non-metal safety and health staff. The FY 2010 budget will allow MSHA to conduct 100 percent of its mandatory mine inspections.
From: Alexandra - Los Angeles, California 2:12 EDT

Q: What measures have been put in place to ensure that women are included in non-traditional job training and employment?


A: As part of the Recovery Act ETA regional office staff are reviewing the readiness of all states and the local largest workforce areas. As part of that review we are asking states and localities to review their provisions regarding equity and fair treatment for all workers and to examine their anti-discrimination practices.
From: editorfred 2:11 EDT

Q: Can you give us more info on specifically what areas EBSA will be getting into with the new slots and new investigations?


A: The FY 2010 budget request for EBSA includes an increase of $10 million and 75 FTE. This will strengthen the Department’s enforcement of the laws that protect Americans pension and health care benefits at a time when workers are increasing relying on EBSA to protect their benefits. The proposal will be used to enhance the security of both pension and health benefits.
From: JoAnn 2:10 EDT

Q: Will the 2010 budget allow an increase for the number of employees in DOL?


A: Yes. The department's fiscal year 2010 budget requests an increase of 997 FTEs.


Q: How will the new legislation submitted by Senator Durbin, (H-1 B jobs) effect operations at DOL?


A: Answer: We will review all contracts for any waste and fraud, and where appropriate we will continue to utilize contract, but will emphasize the hiring of federal employees. Salaries for these federal positions can range from about $27,000 to $127,000. I encourage to consider applying and sharing this information with others.
From: Lisa - Washington DC

Q: Will the Administration be releasing a WIA Reauthorization bill/proposal for Congressional introduction, or will you just provide reaction/comment to bills introduced by the House and Senate?


A: The President said, in his March 10 speech to the Hispanic Chamber of Commerce, that he is calling on Congress, "to authorize the Workforce Investment Act." I welcome the President's support and expect to meet soon with the key Committee leadership on WIA reauthorization and the Department's key interests for reform. We will then develop the framework for a legislative proposal leading either to legislative specifications or a bill for introduction.
From: Melanie Trottman, Wall Street Journal 2:04 EDT

Q: Why was the Career Pathways/Community College budget cut to $74 million from the $125 million budgeted in FY209? Is it because that spending is being replaced by the Recovery Act?


A: This program was not cut. The 2009 budget included $125 million for Community-Based Job Training Grants. The 2010 budget renames and refocuses that program as Career Pathways Innovation Fund and increases funding to $135 million. The new program will focus on developing career pathways in community colleges for high-growth careers in partnership with workforce investment boards, faith-based groups and other community groups.
From: Jimmie - North Carolina 2:03 EDT

Q: Will the 1,000 new jobs within the DoL be throughout the USA?


A: The vast majority of these jobs are for worker protection activities. To name a few - investigators, inspectors, and safety and health compliance officers. The positions will be throughout the United States and will consist of a wide range of salaries.
From: JoAnn

Q: Will ETA-OFLC ever be approved to charge a fee for service to assist as an alternate solution to just receiving appropriations?


A: The fiscal 2010 budget does not include any authority to charge a fee for service for foreign labor certification. Of course, the current fee for H1b visas continues.
From: Gumecindo - DC 2:01

Q: Will there be funding for the College and Univrersity partnerships for technical assistance programs for our HSIs to develop workforce development programs for green jobs of the future.


A: Yes, the 2010 budget includes $135 million for a career pathways innovations fund. This fund will support community colleges to develop training programs leading to careers in health care green energy and other high-growth jobs in partnership with the workforce investment system.
From: Marshall 1:59 EDT

Q: What is the budget request for OFCCP for 2010? How does this request compare to OFCCP’s budget for 2009?
If there is an increase in OFCCP’s budget request for 2010, what will the increase be used for – increase in staff? If it is increase in staff, how much of an increase in OFCCP staff is expected under this budget request?


A: The budget request for OFCCP in FY 2010 is $109.5 million dollars. The budget for OFCCP for FY 09 is $82.1 million dollars. The staffing request for OFCCP for FY 10 is 798 FTE compared to 585 FTE in FY 09.
From: Ed - Oakland, CA 1:58 EDT

Q: Would you provide the Office of Apprenticeship funds--even allow them to make small grants-- to promote apprenticeship?


A: The Department is actively working on a comprehensive set of Solicitation for Grant Award which will, amongst other policy goals, encourage greater partnerships with and promotion of Registered Apprenticeship programs. Also in our ARRA Policy Guidance, we are encouraging the publicly funded workforce system to more actively reach out to Registered Apprenticeship programs, including labor management organizations.
Finally, in the past year, ETA has provided over $10 million in discretionary resources to support and promote Registered Apprenticeship. $6.5 million was made available to national organizations to incorporate elements of the revised regulatory framework governing the National Apprenticeship System. $2.5 million was made available to State Apprenticeship Agencies to assist in their efforts to modernize their Apprenticeship systems. Finally, technical assistance resources were provided for a series of Action Clinics around the country to promote greater collaboration with Registered Apprenticeship.
From: Hany 1:58 EDT

Q: Hello,
I am a government contractor and wish to ask a question.
In our tough economy it seems the solution is pumping more money rather than elimination. President Obama in his executive order as to Nondisplacement of Qualified Workers Under Service, mentioned a policy to retain and convert contractors to government employees, or requiring new contracting companies to retain them if any change is to happen to their contracts.
This sounds in line with the common sense rule of pumping more money into the economy.
Do you have any specifics as the President Order implementation in the Department of Labor? Would the retention mean sustaining the same pay level and befits, or the new contractors would negotiate new salaries and benefits with existing contractors?
Thank you for your answer in advance, and best of luck in running this huge task.


A: Thank you for your good wishes, Hany.
The government-wide Federal Acquisition Regulatory (FAR) Council is tasked with issuing regulations to implement the President’s Executive Order, and this must occur within 180 days of its issuance.
These new regulations will provide specific instructions on how the federal agencies are to carry out the Executive Order, including the “non-displacement” provisions to which you refer in your question.
The Department will work with the FAR Council on the regulations, and also will be examining how the President’s Executive Order will affect our Wage and Hour Division’s enforcement of the Service Contract Act.
From: Damon - Venice, CA 1:56 EDT

Q: What are the plans for Federal unemployment extensions for 2010?


A: While the Obama Administration's efforts are beginning to turn the economy around, millions of Americans, who are willing to work but cannot find a job, are being helped by the current Federal unemployment benefit extension. As we get closer to the end of the year, when the current program is scheduled to expire, the Administration will be taking a close look at economic conditions and the continued need for benefits.
From: Chris - Orlando 1:56 EDT

Q: Back in the 70's and 80's you ran a program called CETA Comprehensive Training & Employment Act, later replaced by the Job Training Partnership Act. This got a lot of people jobs - will you include funding in your budget for a similar program that is definitely needed now?


A: The publicly funded system that provides employment and training programs to assist displaced workers and job seekers is authorized by the Workforce Investment Act of 1998 (WIA). The Obama Administration is working to reauthorize this act.

The FY 2010 budget does include a new initiative for transitional jobs - $50 million will subsidize jobs for noncustodial parents and young adults to help them enter the world of work.
From: Mark - New Hampshire - 1:53 EDT

Q: Will OSHA’s Susan Harwood Grant Program survive and at what requested funding level?


A: The President’s FY 2010 Budget Request includes $10 million for the Susan Harwood Training Grant Program.
From: Mathew - DC 1:53 EDT

Q: What is the status of funding for the migrant and seasonal farmworker job training program?


A: The 2010 Target is $82,620,000 to serve the 17,832 participants (as in the TES submission).
From: Dave - Iowa 1:51 EDT

Q: Will Federal OSHA fully fund the state plans to the 50% level for enforcement of the agreed to number of enforcement employees between the state and federal OSHA for budget year 2010?


A: The President’s FY 2010 Budget Request includes an increase of $13.8 million in Federal funding for State Program grants. This represents a 15% increase over the prior year level and will enable the states to increase their enforcement staff over prior years.
From: Mark Gruenberg, Press Associates Union News Service 1:51 EDT

Q: Wage and Hour has fewer inspectors than at its formation in 1941. How much will its budget OUTLAYS increase? How many more inspectors will be hired?


A: The president’s FY 2010 request includes an increase of $30,862,000 and 288 full time employees (FTEs), the large majority of which will be investigators. When combined with the ongoing hiring, the FY 2010 requested increase in FTEs will bring the Wage and Hour Division back to pre-FY 2001 investigator staffing levels.


Q: What industries will the agency concentrate on? Construction? Housing? Health care? Other industries known to exploit undocumented workers?


A: The Wage and Hour Division will strengthen its enforcement efforts on behalf of the most vulnerable workers in the workforce — agricultural workers, young workers, workers with disabilities — and on behalf of workers in industries such as construction, janitorial, restaurants, hotel and motel, and health care, where the violations rates tend to be high and the workers, for a number of reasons, are among the more vulnerable in the workplace.
In reference to an earlier MSHA question, I inadvertently referred to MSHA as the Mine Safety Health Commission, but it is really the Mine Safety Health Administration.
From: James Sharpe, Sharpe Media, Newsletter on Safety & Health in Mining 1:46

Q: How much money has been set aside for the state grants program under MSHA? How does that compare to last year?


A: $8,441,000 – the same amount as FY 2009


Q: How much money is being set aside for enforcement at MSHA, broken out by Coal vs. Metal/Non-Metal? How does that compare to last year?


A: Coal: FY 2009 $154,491,000, FY 2010 $156,662,000 (an increase of $2,171,000) Metal/Non-Metal: FY 2009 $82,427,000, FY 2010 $85,672,000 (an increase of $3,245,000)


Q: How much money is being set aside for new regulations at MSHA? How does that compare to last year?


A: MSHA’s enforcement programs do not set aside funding for compliance assistance activities. MSHA offers compliance assistance to labor unions, employers and individual workers to help them understand the safety and health laws and fully comply with them. Compliance assistance resources include partnerships, online tools, educational materials and training programs. At the same time, MSHA continues its aggressive enforcement activities.


Q:How much money is being set aside for new regulations at MSHA? How does that compare to last year?


A: From MSHA’s Office of Standards, Regulations and Variances:

FY 2009 - $3,031,000
FY 2010 - $3,081,000 (an increase of $50,000)
From: Susan - Washington DC 1:41 EDT

Q: Will DOL be posting more detailed budget documentation and justification for each agency as it did for the FY 2009 budget? When will it be available? Thanks you.


A: Susan,
Thank you for your interest in the Department's FY 2010 budget.
Yes, beginning at 1 p.m. today, the Department's detailed FY 2010 budget documents are available on our website (www.dol.gov). We hope you find them useful.
From: Peter 1:41 EDT

Q: How will your programs and administration of the Labor Department differ from the previous administration?
I am delighted that you now head this important Department!
Warm regards, Peter


A: Peter,
Thank you for your kind words. I am delighted and honored to be the U.S. Secretary of Labor.

As you know, each administration has its own priorities and policy agenda. My priorities for the Department’s FY 2010 budget include promoting a “green” recovery, beginning to restore the capacity of our worker protection programs to vigorously carry out their mission, ensuring that our programs are transparent and accountable, and promoting diversity and stakeholder inclusion in every aspect of the Department. I look forward to working on this ambitious agenda.
From:Ken Ward Jr., The Charleston Gazette 1:38

Q: Please discuss the president's proposed budget for the U.S. Mine Safety and Health Administration, and how you plan to reverse years of neglect that kept this agency from doing its job.


A:The president is requesting $353,693,000, an increase of $6,690,000 above the fiscal year 2009 appropriated level for the Mine Safety and Health Commission (MSHA). That amount represents a 6.5 percent increase above the FY 2009 request. The budget includes $1.3 million and 15 full time employees in new funding to strengthen the agency’s metal and nonmetal enforcement program. The request level will allow MSHA to vigorously enforce safety and health laws and complete its inspection mandate.
From:Laura - Buffalo

Q: My question to you: How will you ensure that union members, who comprise the American workforce, throughout the country are adequately protected from unscrupulous individuals if you are decreasing the budget of the one agency that has the ability to ensure the democratic process and financial integrity of labor unions?


A: The Department will maintain its commitment to ensuring union democracy, transparency, and the lawful use of labor union monies.

The Department’s FY 2010 Budget seeks to build on the prior successes of the Office of Labor-Management Standards (OLMS) while ensuring that it is appropriately funded in light of its core mission. For FY 2010, the Administration requested continuing services request level total of $40,557,000. At this level OLMS will accomplish its core program mission and continue to advance the employee protections programs and the mission of the Labor-Management Reporting and Disclosure Act (LMRDA). OLMS was provided an additional $581,000 over 2009 and 2010 to support its employee protections programs in certifying grants under the American Recovery and Reinvestment Act (ARRA). OLMS’ staffing levels will be returned to essentially the same levels it maintained in fiscal years 2001, 2002, and 2003. During this period, OLMS maintained vigorous and effective enforcement of the law.
From: Eve Tahmincioglu, MSNBC.com and CareerDiva.net 1:36 EDT

Q: Employers are using the recession as an excuse to run roughshod over labor laws and worker rights lately, everything from not adhering to notice under the WARN Act to not paying earned wages. Given the recent GAO report that showed the DOL's wage and hour unit was largely unresponsive and gave bogus information to employees regarding their rights, will the budget include extra funding to beef up the unit to help employees better in the future? Exactly what will change? Will there be more DOL workers, a new website, an easier way for workers to find out their rights, etc.?


A: The Department of Labor has neither investigative nor enforcement authority under the Worker Adjustment and Retraining Notification (WARN) Act. However, what the WARN Act requires is that employers with 100 or more full-time employees (not counting workers who have less than six months on the job) provide at least 60 calendar days advance written notice of a plant closing or mass layoff affecting 50 to 499 employees (excluding part-time), if these employees represent 33 percent of the active workforce at a single employment site during any 30- or 90-day period. Not all dislocations require a 60-day notice; WARN makes certain exceptions to the requirements when layoffs and plant closings occur due to faltering companies, unforeseen business circumstances and natural disasters.

I take the issues that were raised by the Government Accountability Office audit regarding past Wage and Hour Division enforcement very seriously. As secretary of labor, I am committed to ensuring that every worker is paid at least the minimum wage, those who work overtime are properly compensated, child labor laws are strictly enforced, and every worker is provided a safe and healthful environment. The department's Wage and Hour Division already has begun the process of adding new investigators to its field offices to refocus the agency on these enforcement responsibilities. In addition, under the American Recovery and Reinvestment Act, the agency will hire investigators to ensure that contractors on stimulus projects are in compliance with the applicable laws. The president’s FY 2010 request includes an increase of $30,862,000 and 288 full time employees (FTEs), the large majority of which will be investigators. When combined with the ongoing hiring, the FY 2010 requested increase in FTEs will bring the Wage and Hour Division back to pre-FY 2001 investigator staffing levels.
From: Twitter USDOL 1:33 EDT

Q: I have a question ... when will the non-ARRA state allocations for 09-10 WIA, W-P program funding be announced?


A: We expect to announce the FY2009 state allocations for the Workforce Investment Act by the end of the week.

Hello Everybody,

Secretary of Labor Hilda Solis here.

Thanks for joining us for this live Web chat on the US Department of Labor’s budget. I’m at my computer and ready to take your questions. We already have several, so I’m going to post some now. The screen will refresh periodically as new questions and answers come up.

So, let’s begin!

 

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