Thursday, December 29, 2022: How The New $1.7 Trillion Federal Budget Differentially Impacts Federal Labor & Employment Law Agencies
What it means for federal labor agencies
OFCCP received modest “steady-state” 4.72% increase while OSHA and WHD received more
President Biden signed into law the $1.7 trillion, bipartisan “Consolidated Appropriations Act, 2023” (H.R. 2617) to fund the federal government for the fiscal year (FY) ending September 30, 2023. The measure passed the Senate on December 22 – by a 68-29 vote – and House passed the final version – by a vote of 225-201-1 – on December 23. (Click on the above-link to H.R. 2617 to find the full 1653-page Budget Bill. See below for specific page cites to this un-indexed bill.
Division H, Title I of the legislation lists the appropriations for the U.S. Departments of Labor (DOL) and its agencies, and Division H, Title IV contains the allocation for the National Labor Relations Board (NLRB). Division B, Title IV of the law contains the budget allocation for the Equal Employment Opportunity Commission (EEOC).
IT Modernization
The DOL budget contains a separate line item and justification section (p. 390 of the law) for “IT Modernization.” This item provides “[f]or necessary expenses for Department of Labor centralized infrastructure technology investment activities related to support systems and modernization, $34,269,000, which shall be available through September 30, 2024.” The DOL had requested $47,969,000.
Specific Allocations
The list below details the numbers allocated in the FY 2023 appropriations law, the respective Congressional Budget Justifications (CBJs), and the FY 2022 Continuing Resolution (CR) amounts. Links for each respective CBJ are embedded. The percentage increase numbers are rounded up or down to the nearest two decimal points. “FTEs” stands for full-time equivalent employees.
OFCCP: FY 2023 allocation is $110,976,000; percentage increase from FY 2022 CR is 4.72%
The OFCCP’s FY 2023 budget allocation is $110,976,000 (p. 384 of the law). The agency’s CBJ requested $147,051,000 (628 FTEs).
Its FY 2022 annualized CR budget level was $105,976 (420 FTEs) (p. 2 of the CBJ). The difference between the FY 2022 CR and the FY 2023 budget law is $5,000,000.
The percentage increase (from FY 2022 CR to FY 2023 budget law) is 4.72 percent. This disappointing “steady-state” budget is designed to keep OFCCP operating at about its current 420 employee headcount authorization. No growth, but no shrinkage, either.
EEOC: FY 2023 allocation is $455,000,000; percentage increase from FY 2022 CR is 12.49%
For the Equal Employment Opportunity Commission (EEOC), the budget allocation is $455,000,000 (p. 94 of the law). The agency requested $464,650,000 (2,145 FTEs) in its CBJ.
The FY 2022 annualized CR budget level was $404,490,000 (2,070 FTEs) (Table 1 of EEOC’s CBJ). The difference between the FY 2022 CR and the FY 2023 budget law is $50,510,000.
The percentage increase (from FY 2022 CR to FY 2023 budget statute) is 12.49 percent.
NLRB: FY 2023 allocation is $299.224,000; percentage increase from FY 2022 CR is 9.12%
The National Labor Relations Board’s allocation is $299,224,000 (p. 445 of the law). The Board requested $319,424,000 (1,305 FTEs) in its CBJ.
The FY 2022 annualized CR budget level was $274,224,000 (1,215 FTEs), which continued the level of funding in place for the Agency since 2014. (p. 27 of the CBJ). The difference between the FY 2022 CR and the finalized FY 2023 budget is $25,000,000.
The percentage increase (from FY 2022 CR to FY 2023 budget statute) is 9.12 percent.
Other DOL Agencies
BLS: FY 2023 allocation is $629,952,000; percentage increase from FY 2022 CR is 7.32%
For the Bureau of Labor Statistics (BLS), the FY 2023 allocation is $629,952,000 (p. 387 of the statute). In its CBJ, the BLS requested $673,744,000 (2,094 FTEs).
The FY 2022 annualized CR budget level was $587,000,000 (1,965 FTEs) (p. 2 of the CBJ). The difference between the FY 2022 CR and the FY 2023 budget law is $42,952,000.
The percentage increase (from FY 2022 CR to FY 2023 budget measure) is 7.32 percent.
ETA: FY 2023 allocation is $4,140,911,000; percentage increase from FY 2022 CR is 13.04%
The Employment Training Administration (ETA) allocation is $4,140,911,000 (p. 376 of the law). The ETA requested $4,410,999,000 (0 FTEs).
The FY 2022 annualized CR budget level was $3,663,200,000 (0 FTEs) (p. 14 of its CBJ). The difference between the FY 2022 CR and the FY 2023 budget allocation is $477,711,000.
The percentage increase (from FY 2022 CR to FY 2023 budget law) is 13.04 percent.
ODEP: FY 2023 allocation is $43,000,000; percentage increase from FY 2022 CR is 11.69%
For the Office of Disability Employment Policy (ODEP), the allocation is $43,000,000 (p. 388 of the law). In its CBJ, ODEP requested $58,566,000 (58 FTEs).
The FY 2022 annualized CR budget level was $38,500 (56 FTEs) (p. 2 of the CBJ). The difference between the FY 2022 CR and the FY 2023 budget measure is $4,500,000.
The percentage increase (from FY 2022 CR to FY 2023 budget law) is 11.69 percent.
OLMS: FY 2023 allocation is $48,515,000; percentage increase from FY 2022 CR is 9.18%
The Office of Labor-Management Standards allocation is $48,515,000 (p. 383 of the law). The agency requested $49,951,000 (204 FTEs).
The FY 2022 annualized CR budget level was $44,437,000 (187 FTEs) (p. 5 of the CBJ). The difference between the FY 2022 CR and the finalized FY 2023 budget is $4,078,000.
The percentage increase (from FY 2022 CR to FY 2023 budget law) is 9.18 percent.
OSHA: FY 2023 allocation is $632,309,000; percentage increase from FY 2022 CR is 6.85%
For the Occupational Safety and Health Administration (OSHA), the allocation is $632,309,000 (p. 386 of the law). In its CBJ, OSHA requested $701,405,000 (2,346 FTEs).
The FY 2022 annualized CR budget level was $591,787,000 (1,853 FTEs) (p. 5 of the CBJ), The difference between the FY 2022 CR and the finalized FY 2023 budget is $40,522,000.
The percentage increase (from FY 2022 CR to FY 2023 budget statute) is 6.85 percent.
VETS: FY 2023 allocation (total) is $335,507,000; percentage increase from FY 2022 CR is 6.00%
General Funds and Trust Funds & Fees combined
The Veterans Employment and Training Service (VETS) allocation (p. 389 of the law) is $335,507,000 in total (combining the General Funds, Unemployment Trust Fund, and fees amounts). VETS requested $331,134,000 in total.
The FY 2022 annualized continuing resolution (CR) budget level was $316,507,000. The difference between the FY 2022 CR and the FY 2023 budget measure is $19,000,000.
The percentage increase (from FY 2022 CR to FY 2023 budget law) is 6.00 percent.
The calculations for the above combined totals are:
FY 2023 Request: $268,468,000 (trust funds) plus $62,500,000 (general funds) = 330,968,000 plus 166,000 in fees = $331,134,000 Total
FY 2022 CR level: $258,841 (trust funds) plus $57,500 (general funds) = $316,341 plus 166,000 in fees = $316,507,000 Total
Finalized 2023 budget: $269,841,000 (trust fund) plus $65,500,000 (general funds) = 335,341,000 plus 166,000 in fees = $335,507,000 Total
WHD: FY 2023 allocation is $260,000,000; percentage increase from FY 2022 CR is 5.69%
For the Wage and Hour Division (WHD), the allocation is $260,000,000 (p. 383 of the measure). The agency requested $307,678,000 (1,556 FTEs).
The FY 2022 annualized CR budget level was $246,000,000 (1,267 FTEs) (p. 2 of the CBJ). The difference between the FY 2022 CR and the finalized FY 2023 budget is $14,000,000.
The percentage increase (from FY 2022 CR to FY 2023 budget statute) is 5.69 percent.