House Appropriations Subcommittee Considers DOL/HHS Spending Bill, Recommends Policy Changes

On July 18, 2012 the U.S. House Appropriations Subcommittee on Labor, Health and Human Services, Education and Related Agencies passed the FY 2013 Labor, Health and Human Services (LHHS) funding bill. The legislation includes funding for programs within the Department of Labor (DOL), the Department of Health and Human Services (HHS), the Department of Education, and other related agencies including the National Labor Relations Board (NLRB) and several important policy changes. In total, the bill includes $150 billion in discretionary funding, which is a cut of $6.3 billion below last year’s level and $8.8 billion below the president’s budget request.  Many of the savings are a result of a prohibition on any new discretionary funding for the healthcare law. In addition to spending cuts, the legislation contains several policy provisions that are of interest to the construction industry.  The bill includes provisions that would rein in the NLRB and DOL. The first would block the August 2011 decision in Specialty Healthcare, which opened the door to micro-unions.  Another provision would stop the NLRB’s final rule on “quickie elections,” which was struck down by a U.S. District Court on procedural grounds in May, but the NLRB has stated they hope to reissue the rule.  Finally, another provision would prohibit funds from being used to implements DOL’s “persuader” rulemaking. Several safety and health provisions are in the bill, including a provision prohibiting the implementation of an expensive and inefficient one-size-fits-all injury and illness prevention program, which would eliminate costly burdens on businesses large or small.  Also included is a prohibition on funding for the Mine Safety and Health Administration to continue the development or the implementation of a coal mine dust regulation. The bill zeros out the Susan Harwood training grants. It is important to note that, through Susan Harwood grants, AGC has been able to develop and implement programs that provide free safety and health training nationwide on the focus four hazards in construction for thousands of construction workers. AGC hopes to see funding for this important program restored. Among other policy provisions in the bill, it prevents DOL and HHS from requiring project labor agreements on projects funded by the bill and includes a provision prohibiting the implementation of new H-2B Program regulations to reduce unnecessary requirements and excessive costs to participating employers. The spending bill is the last of 12 annual spending bills to move through the House and is expected to be considered by the full Appropriations committee next week. However, the Senate is not planning to consider any of the 12 annual appropriation bills before the end of the fiscal year, September 30. For more information, please contact Jim Young at (202) 547-0133 or youngj@agc.org.