Campaign Promises

Departments -> Labor

ItemLabor
Corporate BankruptcyGrade
LA-1The Promise: "Protect the jobs and benefits of workers and retirees when corporations file for bankruptcy by telling companies that they cannot issue bonuses for executives during bankruptcy while their workers watch their pensions disappear."
When/Where: Obama-Biden Plan: Helping America's Seniors, dated 10/26/07.
Source: https://webarchive.loc.gov/all/20090429185714/http://change.gov/agenda/seniors_and_social_security_agenda/
Status:This was a provision of the "Protecting Employees and Retirees in Business Bankruptcies Act of 2007" which President Obama co-wrote when he was in the Senate. It never became law.

On 02/24/10, Senator Richard Durbin (D-IL) reintroduced the above bill (S. 3033). Likewise on the same date, Congressman John Conyers Jr. (D-MI) reintroduced a House version of this bill (H.R. 4677). Both bills expired without action when the 111th Congress expired at the end of CY2010.

Undaunted, Senator Durbin reintroduced this bill during subsequent sessions of Congress: S. 3381 (112th), S. 2589 (113th) and S.1156 (114th). Congressman Conyers did the same: H.R. 6117 (112th), H.R. 100 (113th), and H.R. 97 (114th). All of these bills expired without enactment with their respective sessions of Congress.

It's noteworthy that a 01/12 Wall Street Journal report revealed that chief executives at 21 companies involved in bankruptcy proceedings in CY2011 received bigger bonuses during bankruptcy proceedings than in years prior to the initiation of such proceedings.


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LA-2The Promise: "...will protect pensions by...increasing the amount of unpaid wages and benefits workers can claim in court..."
When/Where: Plan for America: "Blueprint for Change," dated 10/09/08
Source: https://www.documentcloud.org/ Obama and Biden's documents/550007-barack-obama-2008-blueprint-for-change.html
Status:The "Protecting Employees and Retirees in Business Bankruptcies Act of 2007," initially co-sponsored by then-Senator Obama during the 110th Congress, would have protected workers' and retirees' wages and benefits when a company files for bankruptcy.

On 02/24/10, Senator Richard Durbin (D-IL) reintroduced the above bill (S. 3033). Likewise on the same date, Congressman John Conyers Jr. (D-MI) reintroduced a House version of this bill (H.R. 4677). Both bills expired without action with the 111th Congress at the end of CY2010.

Senator Durbin reintroduced this bill during subsequent sessions of Congress: S. 3381 (112th), S. 2589 (113th) and S.1156 (114th). Congressman Conyers did the same: H.R. 6117 (112th), H.R. 100 (113th), and H.R. 97 (114th). All of these bills expired without enactment with their respective sessions of Congress.

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EmploymentGrade
LA-3The Promise: "I will place the weight of my administration behind...a fully inclusive Employment Non-Discrimination Act [ENDA] to outlaw workplace discrimination on the basis of sexual orientation and gender identity."
When/Where: Candidate Obama letter to the Lesbian, Gay, Bisexual and Transsexual (LGBT) community dated 02/28/08.
Source: http://bilerico.lgbtqnation.com/2008/02/open_letter_from_barack_obama_to_the_lgb.php
Status:Both the Senate and the House introduced legislation in 08/09 and 06/09 respectively (S. 1584/H.R. 3017), toward fulfillment of President Obama's promise to get the dialogue toward ENDA passage reactivated. The 111th Congress expired at the end of CY2010 with no action taken on either of these legislative initiatives.

During the 112th Congress, the ENDA was reintroduced in the House (H.R. 1397) by Congressman Barney Frank (D-MA) on 04/06/11. Senator Jeff Merkley (D-OR) reintroduced a Senate version of this bill (S. 811) on 04/13/11. Both bills expired with the 112th Congress at the end of CY2012.

Senator Merkley again reintroduced this bill on 04/25/13 (S. 815). It was passed by the Senate on 11/7/13, but died in the House. It expired with the 113th Congress at the end of CY2015.

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LA-4The Promise: "will...create 5 million 'green' jobs..."
When/Where: Obama-Biden Plan for America entitled: "Blueprint for Change" dated 10/09/08.
Source: https://www.documentcloud.org/documents/550007-barack-obama-2008-blueprint-for-change.html
Status:The Department of Labor (DOL) defines "green jobs" as (1) jobs in businesses that produce goods or provide services that benefit the environment or conserve natural resources; and (2) jobs in which workers' duties involve making their establishment's production processes more environmentally friendly or use fewer natural resources.

In early CY2012, President Obama stated during a campaign speech that 2.7M green jobs existed in clean energy industries, based on a 07/11 study conducted by the highly reputed Brookings Institution. That number was widely disputed at the time.

On 03/01/13, President Obama ordered into effect the sequestration measures mandated by the "Balanced Budget and Emergency Deficit Control Act." Required to cut $30M from its budget as a consequence of that order, the Bureau of Labor Statistics (BLS) eliminated all "measuring green jobs" products, in essence killing its initiatives for counting "green" jobs created or preserved.

According to the International Renewable Energy Agency (IRENA), as of end-CY2016 there were approximately 9.823B "green" jobs worldwide. Examining the fields of wind power, solar heating/cooling, solar photovoltaic, solid biomass, biogas, geothermal energy, hydropower (large and small), and liquid biofuels, the USA accounted for 806M or about 8.2% of the 9.823B "green" jobs worldwide. China and Brazil led the world with 3.955B and 1.058B "green" jobs respectively as of end-CY2016.

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LA-5The Promise: "I will invest $150 billion over the next ten years in alternative sources of energy..."
When/Where: Obama Campaign Speech, Las Vegas, NV, dated 06/24/08.
Source: http://www.presidency.ucsb.edu/ws/index.php?pid=77554
Status:Under the American Recovery and Reinvestment Act (ARRA) of 2009 of 02/17/09, $39B was appropriated for renewable energy and energy efficiency activities. Additional funding proposed by President Obama during his first term in office for alternative/renewable sources of energy include but are not limited to the following:

For FY2010, President Obama's first budget proposal included:
- Department of Agriculture: $250M in renewable fuels loans and grants.
- Department of the Interior: $50M to promote renewable energy projects on Federal lands and waters.
Total funding proposed for FY2010 outside of ARRA funding: $300M

For FY2011:
- Department of Energy: $500M in credit subsidy to support up to $5B in loan guarantees for innovative energy efficiency and renewable energy projects, $302M for solar energy, $220M for biofuels and biomass R&D,
- Department of the Interior: $65M to review and permit renewable energy projects on Federal lands.
- National Science Foundation: $766M for cross-agency sustainability research effort focused on renewable energy technologies.
Total funding proposed for FY2011: $1.551B

For FY2012:
- Department of Agriculture: $6.5B for renewable and clean energy.
- Department of Energy: $457M for solar energy; $341M for biofuels and biomass R&D, $102M for geothermal energy, $853M to support nuclear energy, $453M for fossil energy capture and storage R&D, $550M for the Advanced Research Projects Agency-Energy, and $200M in credit subsidies to support up to $2B in loan guarantees for innovative energy efficiency and renewable energy projects. Total: $2.956B.
- Department of the Interior: $73M to maintain capacity to review and permit new renewable energy projects on Federal lands.
- National Science Foundation: $998M for a cross-agency sustainability research effort focused on renewable energy technologies.
Total proposed by President Obama for FY2012: Just over $11B.

For FY2013:
- Department of Agriculture: $6.1B for renewable and clean energy.
- Department of Energy: $310M for the SunShot Initiative to make solar energy cost competitive nationwide without subsidies, $95M for wind energy, $65M for geothermal energy and enhanced geothermal systems, $770M for advanced small modular reactors R&D, and $350M for the Advanced Research Projects Agency-Energy. Total: $1.590B.
- Department of the Interior: $86M to maintain capacity to review and permit new renewable energy projects on federal lands.
- National Science Foundation: $203M for a cross-agency sustainability research effort focused on renewable energy technologies.
Total proposed for FY2013 for alternative/renewable energy initiatives: $7.979B

Including ARRA funding for alternative/renewable sources of energy, the above actual and proposed levels of funding during President Obama's first term in office amounted to $59.8B, leaving $90.2B to be funded for alternate energy sources during his second term for this promise to be fulfilled.

Although difficult to quantify, and in light of no new ARRA during his second term, it is prudent to assume that the $150B goal was not met during President Obama's two terms in office and will not be met during the first two years of President Trump's first term in office (for a total of 10 years).

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LA-6The Promise: "Will increase funding for federal workforce training programs and direct these programs to incorporate green technologies training, such as advanced manufacturing and weatherization training, into their efforts to help Americans find and retain stable, high-paying jobs..."
When/Where: Obama-Biden Plan: "New Energy for America," dated 09/06/08.
Source: http://energy.gov/sites/prod/files/edg/media/Obama_New_Energy_0804.pdf
Status:Title VIII of the American Recovery and Reinvestment Act of 2009 signed into law by President Obama on 02/17/09 states that "$500,000,000 shall be for research, labor exchange and job training projects that prepare workers for careers in energy efficiency and renewable energy...".

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LA-7The Promise: "Will restore funding to these vital agencies (the EEOC and the U.S. Department of Labor's Office of Federal Contract Compliance Programs), reduce their charge backlog..."
When/Where: Obama-Biden Plan: "Creating Equal Opportunity and Justice For All" dated 09/11/08.
Source: https://www.politifact.com/truth-o-meter/promises/obameter/promise/297/restore-funding-to-the-eeoc-and-the-us-departmen/
Status:Source is cited for confirmation of exact promise wording only, as it existed before original "When/Where" campaign document was deleted from archival websites.

The Equal Employment Opportunity Commission (EEOC) appropriated funding level for FY2009 was $343.9M, supplemented by $15M under the American Recovery and Reinvestment Act (ARRA) for a total of $358.9M against the Department of Labor's estimated funding requirement for EEOC operations of $357M.

For FY2010, the EEOC funding requirement increased to $367.3M, which was totally funded by Congress. FY2010 was the only year when EEOC's requirement was fully satisfied. For subsequent years, the President's request (EEOC's requirement) did not meet similar results as follows:
EEOC Requirement/Enactment by Congress
FY2011....$385.3M/$366.5M
FY2012....$385.5M/$360.0M
FY2013....$373.7M/$344.2M
FY2014....$372.9M/$364.0M
FY2015....$365.5M/$364.5M
FY2016....$373.1M/$364.5M

The backlog of requests for EEOC action at the beginning of FY2009 was 95,402, reduced to 85,768 at the beginning of FY2010.

In FY2016, the EEOC resolved 97,443 cases, 6.5% more than the 91,503 cases the agency received that year. Its backlog was down to 73,508 cases with an average of 9 months case processing time.

The Federal Contracting Compliance Program (FCCP) had a budget of $83.8M in FY2009, supplemented by $7.2M under the ARRA for a total of $91M. Under President Obama's first budget, this was increased to $105.3M in FY2010. Subsequent year funding was as follows:
FY2011....$105.0M
FY2012....$105.1M
FY2013....$ 99.5M
FY2014....$104.9M
FY2015....$106.4M
FY2016....$105.4M

As depicted above, there was increased funding for the EEOC and the FCCP, coupled with a reduction in EEOC's complaint processing backlog.

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LA-8The Promise: "Will establish a federal investment program to help manufacturing centers modernize and help Americans learn new skills to produce green products...the $1 billion per year investment will help spur sustainable economic growth in communities across the country."
When/Where: Obama-Biden Plan: "Supporting Urban Prosperity", dated 09/11/08.
Source: https://assets.documentcloud.org/documents/550008/barack-obama-2008-supporting-urban-prosperity.pdf
Status:The $787B American Recovery and Reinvestment Act of 2009 (ARRA) included about $3.1 billion for state-level energy grant programs, focusing generally on green job creation and the adaptation of new energy efficient technologies.

Additional funding was made available to the Department of Energy (DOE) under the ARRA to help companies design and manufacture clean energy products. For example, DOE distributed $564M in 12/09 to support the development of advanced biofuel refineries in 15 states (facilities that make biofuel out of woodchips, grass and other organic waste products).

While the above are commendable initiatives (while acknowledging that some of the start-ups failed), this promise was to establish a specific "federal investment program." No such specific program was created.

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LA-9The Promise: "Obama will reinstate Executive Order No. 13173 which President Clinton issued just before he left office. Executive Order No. 13173 failed to achieve its mandate of hiring an additional 100,000 federal employees with disabilities within five years. Obama will issue this executive order early in his first term..."
When/Where: Obama-Biden Plan: "Empower Americans with Disabilities" dated 09/06/08.
Source: http://www.thearc.org/document.doc?id=3073
Status:This promise actually referred to Executive Order 13163 ("Increasing the Opportunity for Individuals with Disabilities to be Employed in the Federal Government") signed by President Clinton on 07/26/00.

On 07/26/10, President Obama signed Executive Order 13548, "Increasing Federal Employment of Individuals with Disabilities." This Executive Order mandated the hiring of an additional 100,000 persons with disabilities during the timeframe FY2011-FY2015 and called on each federal agency to "designate a senior-level agency official to be accountable for enhancing employment opportunities for individuals with disabilities and individuals with targeted disabilities within their agency, consistent with law, and for meeting the goals of this order." Responsibility for keeping the President apprised of Executive Order 13548 compliance was vested in the Director of the Office of Personnel Management (OPM) in consultation with the Office of Management and Budget (OMB).

On 10/27/16, the OPM announced that From FY2011 to FY2015, the Federal Government hired 109,575 part-time and full-time career employees with disabilities, exceeding the Obama Administration's goal to hire 100,000 people with disabilities.

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LA-10The Promise: "As president, Barack Obama will announce the creation of a National Commission on People with Disabilities, Employment, and Social Security which will include presidential appointees, congressional appointees and the Commissioner of the Social Security Administration and the Secretaries of Labor and Health & Human Services as ex officio members."
When/Where: Obama-Biden Plan: "Empower Americans with Disabilities" dated 09/06/08.
Source: http://www.thearc.org/document.doc?id=3073
Status:One of the responsibilities of this commission was to have been "examining and proposing solutions to work disincentives in the Social Security Disability Insurance (SSDI), Supplementary Security Income (SSI), Medicare, and Medicaid programs".

In other words, the commission would have to find the means whereby recipients of the stated benefits would still be motivated to find work.

The promised commission was not formed during President Obama's two terms in office.

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LA-11The Promise: "...would further raise the minimum wage to $9.50 an hour by 2011, index it to inflation and increase the Earned Income Tax Credit to make sure that full-time workers can earn a living wage that allows them to raise their families and pay for basic needs such as food, transportation, and housing..."
When/Where: Obama-Biden Plan: "Supporting Urban Prosperity" dated 09/11/08.
Source: https://assets.documentcloud.org/documents/550008/barack-obama-2008-supporting-urban-prosperity.pdf
Status:The last minimum wage legislation to be passed was the "Fair Minimum Wage Act of 2007" which was signed into law on 05/25/07 during the Bush Administration under the "U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act of 2007".

Under the above law, the federal minimum wage could be raised in three increments of 70 cents each: from $5.15 to $5.85 on 07/24/07; to $6.55 on 07/24/08; and to $7.25 on 07/24/09.

It is noteworthy that an amendment to the Fair Minimum Wage Act of 2007 was signed into law by President Obama on 09/30/10 (Public Law 111-244) to deny the North Mariana Islands and American Samoa an increase in their minimum wages.

As of end-CY2016, 29 states and the District of Columbia (DC) had set their their minimum wage levels above the national level of $7.25, with DC being the highest at $11.50 per hour.

Meanwhile, median household incomes, adjusted for inflation, increased only slightly from $55,478 when President Obama was inaugurated in CY2009 to $55,775 as of end-CY2015 according to the latest available Census Bureau survey data.

The national minimum wage of $7.25 per hour was unchanged during President Obama's two terms in office.

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LA-12The Promise: "...will work to ban the permanent replacement of striking workers, so workers can stand up for themselves without worrying about losing their livelihoods."
When/Where: Obama and Biden's Plan for America: "Blueprint for Change," dated 10/09/08.
Source: https://www.documentcloud.org/documents/550007-barack-obama-2008-blueprint-for-change.html
Status:Nothing was done to address this promise during President Obama's first term in office. In fact, this promise was repeated during President Obama's bid for a second term in office, by the end of which this promise had been forgotten.

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LA-13The Promise: "...will create a program to inform businesses about the benefits of flexible work schedules; help businesses create flexible work opportunities; and increase federal incentives for telecommuting."
When/Where: Obama and Biden's Plan for America: "Blueprint for Change," dated 10/09/08.
Source: https://www.documentcloud.org/documents/550007-barack-obama-2008-blueprint-for-change.html
Status:The federal government has a telecommuting program in place referred to as the "Flexiplace" program. Individual agencies have their own approaches for managing this program such as the Department of Agriculture's Telework Management System (TMS).

To refine and enforce policies under which federal employee can participate in telecommuting initiatives, President Obama signed into law the "Telework Enhancement Act of 2010" on 12/09/10. This was followed by a Presidential Memorandum on 06/23/14 entitled "Enhancing Workplace Flexibilities and Work-Life Program," again geared toward federal employees.

On the business side, however, the Department of Labor (DOL) advised that "Alternative work arrangements such as flexible work schedules are a matter of agreement between the employer and employee (or the employee's representative)."

While much progress was been made on federal employee telework initiatives, there is no evidence that the Obama Administration took any steps to "create a program" to encourage businesses to follow suit.

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LA-14The Promise: "...will initiate a 50-state strategy to encourage all of the states to adopt paid-leave systems (as part of the Family and Medical Leave Act). ...will provide a $1.5 billion fund to assist states with start-up costs and to help states offset the costs for employees and employers..."
When/Where: Obama-Biden Plan: "Empower Americans with Disabilities" dated 09/06/08.
Source: http://www.thearc.org/document.doc?id=3073
Status:President Obama's FY2011 budget proposal included $50M to establish a State Paid Leave Fund within the Department of Labor (DOL) "that will provide competitive grants to help States that choose to launch paid-leave programs to cover their start-up costs." The proposed budget also requested "almost $2M for the DOL to explore ways to improve the collection of data related to intersection of work and family responsibilities."

For FY2012, the President's request included "...a $23 million State Paid Leave Fund within the Department of Labor that will provide competitive grants to help States cover their start-up costs that choose to launch paid-leave programs."

For FY2013, the President's request is "$5 million State Paid Leave Fund within the Department of Labor that will provide technical assistance and support to States that want to establish paid-leave programs."

The above and subsequent funding proposals were not adopted by Congress in its final annual budgets. No $1.5B fund was established to help states with a paid leave system.

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LA-15The Promise: "...will require that employers provide seven paid sick days per year - which may be taken on an hourly basis - so that Americans with disabilities can take the time off they need without fear of losing their jobs or a paycheck."
When/Where: Obama-Biden Plan: "Empower Americans with Disabilities" dated 09/06/08.
Source: http://www.thearc.org/document.doc?id=3073
Status:Leave authorized under the Family and Medical Leave Act is unpaid leave, although the statute allows for the substitution of paid leave.

The "Healthy Families Act" (H.R. 2460) introduced by Congresswoman Rosa DeLauro (D-CT) on 05/18/09 would have required "employers to permit employees to earn up to 56 hours of paid sick time including paid time for family care...". No further action was taken on this bill and it died with the 111th Congress at the end of CY2010.

Congresswoman DeLauro reintroduced the "Healthy Families Act" (H.R. 1876) to the 112th Congress on 05/12/11. Senator Thomas Harkin (D-IA) introduced a Senate version of this bill on the same date (S. 984). Both bills died with the 112th Congress.

The 56-hour paid sick leave provision is also included in the "Rebuild America Act" (S. 2252) introduced by Senator Harkin on 03/29/12. Legislation by the same name (H.R. 5727) was introduced by Congresswoman DeLauro on 05/10/12. Neither bill progressed beyond preliminary committee review and both expired with the 112th Congress.

On 09/07/15, President Obama signed Executive Order 13706 (Establishing Paid Sick Leave for Federal Contractors). Other than federal contractors, 36% of U.S. businesses did not offer employees paid sick leave as of end-CY2016.

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LA-16The Promise: "...will guarantee that millions more workers have access to FMLA [Family and Medical Leave Act] leave by reducing the threshold for which employers are covered from companies with 50 or more employees to those with 25 or more."
When/Where: Obama-Biden Plan: "Empower Americans with Disabilities" dated 09/06/08.
Source: http://www.thearc.org/document.doc?id=3073
Status:An amendment to the Family and Medical Leave Act was included in the National Defense Authorization Act of 2010, signed into law by President Obama on 10/28/09. However, this amendment addressed only the obligations of employers to provide leave for the families of military members by extending 12 weeks of job-protected leave to "covered active duty" personnel instead of limiting this coverage to military personnel serving in support of "contingency operations."

Congresswoman Rosa Delauro (D-CT) introduced a new Healthy Families Act (H.R. 1876) on 05/12/11. This bill would have lowered the threshold for current employers to those who employ "15 or more employees for each working day during each of 20 or more calendar workweeks in the current or preceding calendar year." The same language could be found in a similar bill introduced by Senator Tom Harkin (D-IA) on the same date (S.984). Both bills expired with the 112th Congress at the end of CY2012.

The 15 employee provision is also included in the "Rebuild America Act" (S. 2252) introduced by Senator Harkin on 03/29/12. Legislation by the same name (H.R. 5727) was introduced by Congresswoman DeLauro on 05/10/12. Both bills also expired with the 112th Congress.

As of end-CY2016, the threshold remained applicable to private sector employers who employ 50+ employees for at least 20 workweeks.

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LA-17The Promise: "...the Disabled Access Tax Credit, a Tax Deduction for Architectural and Transportation Barrier Removal, and the Work Opportunity Tax Credit...very few employers actually take advantage of these credits...will launch an aggressive effort to educate employers about these tax benefits so that more employers use them to hire greater numbers of employees with disabilities."
When/Where: Obama-Biden Plan: "Empower Americans with Disabilities" dated 09/06/08.
Source: http://www.thearc.org/document.doc?id=3073
Status:The Work Opportunity Tax Credit alone provides up to $9,600 in tax credit incentives to employers hiring individuals with disabilities.

The Department of Labor's Office of Disability Employment Policy (ODEP) created robust web sites such as https://www.dol.gov/odep/topics/FinancialEducationAssetDevelopment.htm that explain in great detail all the tax credits that could accrue to employers hiring certified disabled persons.

After President Obama came into office in 01/09, the number of disabled persons certified to permit the granting of tax credits to employers rose from 719K in FY2009 to about 1.3M by FY2014.

This increase is attributed in part to the Department of Labor's creation of a "Guide to Hiring Incentives" that describes tax benefits that can accrue to employers hiring disabled persons (accessible through www.disability.gov), as well as other ODEP information sharing initiatives such as the Employer Assistance and Resource Network on Disability Inclusion (EARN), Job Accommodation Network (JAN), Leadership for Emplyment and Economic Advancement for Individuals with Disabilities (LEAD), National Collaborative on Workforce and Disability for Youth (NCWD/Youth), and Partnership on Employment and Accessible Technology (PEAT).

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LA-18The Promise: "...will direct his Secretary of Labor, the Labor Department's Office of Disability Employment Policy, and its Job Accommodation Network to bring together employers, employer associations, human resources professionals, disability advocates, service providers, and the labor movement to identify, promote, and disseminate best practices in accommodating workers with disabilities."
When/Where: Obama-Biden Plan: "Empower Americans with Disabilities" dated 09/06/08.
Source: http://www.thearc.org/document.doc?id=3073
Status:Established in CY1983 and managed by Labor's Office of Disability Employment Policy (ODEP), the Job Accommodation Network (JAN) originally focused on helping individuals with sensory disabilities (hearing, vision, touch, or speech impairments). With the arrival of automated capabilities in the 1990's, JAN's services expanded to include motor/mobility, sensory and cognitive/neurological teams. JAN inquiries have risen to about 50K annually and its website is visited by more than 8M customers annually as of end-CY2016.

JAN supports private employers by providing customized webcasts. These webcasts are accomplished either through partnerships or collaborations with public and corporate entities ranging from the Equal Employment Opportunity Commission (EEOC), to Gettinghired.com, to the National Multiple Sclerosis Society, to ODEP's "America's Heroes at Work" program for veterans and others.

34 years after ODEP instituted JAN, its mission remains the same as cited in recent appropriation language: "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." For this, ODEP's budget under the Omnibus Appropriations Act of 2010 was $39.1M, an amount decreased to about $38.2M by end-FY2016. Not surprisingly, the DOL's CY2016 Annual Report on Disability Statistics and Demographics indicated that the employment of disabled people between the ages of 18 and 64 fell from 39.1% in CY2008 to 34.9% in CY2015.

What may be a contributing factor to the above statistics is that there is no public record indicating that President Obama specifically tasked his Secretary of Labor and ODEP to take action to bring interested entities together to fulfill the intent of this promise other than programs already existing prior to his presidency.

It is acknowledged, however, that President Obama signed Executive Order (E.O.) 13548 on 07/26/10. This E.O. pertained to "Increasing Federal Employment of Individuals with Disabilities," and not to the non-federal employers etc. for which this promise was also intended.

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LA-19The Promise: "...affirmative action under the Rehabilitation Act is largely ineffective. Barack Obama will direct his Secretary of Labor to make changes to the regulations implementing Section 503 so that they more closely resemble those implementing Executive Order No. 11246."
When/Where: Obama-Biden Plan: "Empower Americans with Disabilities" dated 09/06/08.
Source: http://www.thearc.org/document.doc?id=3073
Status:Executive Order 11246 was signed on 09/24/65, in the days of President Lyndon Johnson and was at the origin of the term "Equal Opportunity Employment."

Section 503 of the Rehabilitation Act of 1973 prohibits discrimination and requires employers with federal contracts or subcontracts that exceed $10K to take affirmative action to hire, train, and promote qualified individuals with disabilities and is enforceable by the Department of Labor's (DOL)Employment Standards Administration's Office of Federal Contract Compliance Programs (OFCCP).

On 09/24/13, the OFCCP published a Final Rule that makes changes to the regulations implementing Section 503 of the Rehabilitation Act of 1973.

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LA-20The Promise: "...will also expand the purposes for which leave can be taken under the Family Medical Leave Act to include reasons related to domestic violence or sexual assault."
When/Where: Obama-Biden Plan: "Ending Violence Against Women and Children" dated 10/31/07.
Source: https://www.politifact.com/truth-o-meter/promises/obameter/promise/122/expand-the-family-medical-leave-act-to-include-lea/
Status:Source is cited for confirmation of exact promise wording only, as it existed before original "When/Where" campaign document was deleted from archival websites.

The "Healthy Families Act" (H.R. 2460) introduced by Congresswoman Rosa DeLauro (D-CT) on 05/18/09 stated that "Paid sick time earned...may be used by an employee for...an absence resulting from domestic violence, sexual assault..." No further action was taken on this bill and it died with the 111th Congress at the end of CY2010.

Congresswoman DeLauro reintroduced the "Healthy Families Act" (H.R. 1876) to the 112th Congress on 05/12/11. This bill expired with the 112th Congress at the end of CY2012. Senator Thomas Harkin (D-IA) introduced a Senate version of this bill on the same date (S. 984). This bill also expired with the 112th Congress.

The domestic violence and sexual assault provision was also included in the "Rebuild America Act" (S. 2252) introduced by Senator Harkin on 03/29/12. Legislation by the same name (H.R. 5727) was introduced by Congresswoman DeLauro on 05/10/12. Neither bill progressed beyond preliminary committee reviews and expired with the 112th Congress at the end of CY2012.

An opportunity to fulfill this promise presented itself in the "Violence Against Women Reauthorization Act of 2013" (S.47) signed into law by President Obama on 03/07/13. The Obama Administration passed on this opportunity.

Another opportunity to address this promise was the "Family and Medical Leave Enhancement Act of 2016" (H.R, 5518) introduced by Congresswoman Carolyn Maloney on 6/16/16. This bill expired with the 114th Congress at the end of CY2016.

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LA-21The Promise: "...reauthorize the Workforce Investment Act (WIA) and ensure that it strengthens federal investments needed for success in the 21st Century."
When/Where: Obama-Biden Plan: "Supporting Urban Prosperity" dated 09/11/08.
Source: https://assets.documentcloud.org/documents/550008/barack-obama-2008-supporting-urban-prosperity.pdf
Status:The Workforce Investment Act of 1998 was reauthorized under and replaced by the "Workforce Innovation and Opportunity Act" (H.R. 803), signed into law by President Obama on 07/22/14.

This promise was fulfilled.		1.00
LA-22The Promise: "...will fight job discrimination for aging employees by strengthening the Age Discrimination in Employment Act and empowering the Equal Employment Opportunity Commission to prevent all forms of discrimination."
When/Where: Obama and Biden's Plan for America: "Blueprint for Change," dated 10/09/08.
Source: https://www.documentcloud.org/documents/550007-barack-obama-2008-blueprint-for-change.html
Status:Since President Obama's inauguration in 01/09, the Age Discrimination in Employment Act of 1967 has been weakened, not strengthened.

The Lilly Ledbetter Fair Pay Act of 2009 (S. 181/H.R. 11) signed into law by President Obama on 01/29/09 addressed discrimination in "compensation" because of age, but did not address discrimination in hiring because of age, nor did it address the empowerment of the Equal Employment Opportunity Commission (EEOC) to prevent all forms of discrimination.

The Supreme Court, on 06/18/09, weakened the Age Discrimination in Employment Act by making it harder for plaintiffs to demonstrate age discrimination. The burden of proof now rests with the plaintiff and not the employer.

To undo the above ruling, Senator Thomas Harkin (D-IA) introduced the "Protecting Older Workers Against Discrimination Act" (S. 2189) on 03/13/12. This bill expired with the 112th Congress at the end of CY2012.

Congressman Robert Scott (D-VA) introduced the "Protecting Older Workers Against Discrimination Act" (H.R. 5574) on 06/24/16. This bill expired with the 114th Congress at the end of CY2016.

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LA-23The Promise: "...will invest $1 billion over five years in transitional jobs and career pathways programs that implement proven methods of helping low-income Americans succeed in the workforce."
When/Where: Obama-Biden Plan: "Supporting Urban Prosperity", dated 09/11/08.
Source: https://assets.documentcloud.org/documents/550008/barack-obama-2008-supporting-urban-prosperity.pdf
Status:The American Recovery and Reinvestment Act (ARRA) of 2009 signed into law by President Obama on 02/17/09 included a $5B Temporary Assistance for Needy Families (TANF) Emergency Fund. Of this amount, $1.3B was earmarked to create new subsidized employment programs or expand existing ones. The remaining $3.7B was used to cover costs associated with providing basic assistance and short-term benefits such as assistance to low-income families/individuals to avoid eviction and potential homelessness.

Except for FY2009, the Career Pathways Innovation Fund (CPIF) has not been a line item in the Department of Labor's (DOL's) annual budget. That year, CPIF was funded in the amount of $125M.

There is no specific Transitional Jobs (TJ) Program under the DOL. Rather, TJ funding requirements are satisfied in the form of grants and other funding vehicles administered by the DOL, such as the "Trade Adjustment Assistance Community College and Career Training Grant Program" which was funded at the $500M level for FY2011 and FY2012 under the Health Care and Education Reconciliation Act of 2010 (P.L. 111-152) and the Workforce Innovation Fund. The Department of Education and other organizations also have programs that support TJ objectives.

Nonetheless, the ARRA appropriation for subsidized employment programs alone exceeded the promised $1B investment to help low-income families succeed in the American workforce.

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LA-24The Promise: "...will fight to ensure more Katrina-related recovery or reconstruction activities can be done by local residents...will work to improve job training in the area as well."
When/Where: Obama-Biden Plan: "Rebuilding the Gulf Coast and Preventing Future Catastrophes", dated 09/11/08.
Source: https://www.documentcloud.org/documents/550006-barack-obama-2008-rebuilding-the-gulf-coast-and.html
Status:It is likely that the $300M allocated to Katrina-related reconstruction initiatives under the American Recovery and Reinvestment Act (ARRA) of 2009 resulted in job creation for local residents. However, there is no specific evidence that President Obama personally fought to send reconstruction business to local companies in areas devastated by Hurricane Katrina over and above initiatives started during the President George W. Bush Administration.

Other than regular job training programs managed by the Department of Labor to the benefit of all 50 states and U.S. territories, there is no evidence that unique job training initiatives were introduced in the areas affected by Hurricane Katrina during President Obama's two terms in office.

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LA-25The Promise: "...will work with YouthBuild to grow from 8,000 slots today to 50,000 slots over the next eight years in order to meet the demand from young people and communities for this valuable program."
When/Where: Obama-Biden Plan: "Helping All Americans Serve Their Country" dated 09/11/08.
Source: http://i2.cdn.turner.com/cnn/2008/images/07/02/national.service.fact.sheet.final.pdf
Status:YouthBuild programs give at-risk youth ages 16-24 the opportunity to earn their GED or high school diploma, learn to be community leaders, and prepare for college and other post-secondary training opportunities.

YouthBuild used to be under the Department of Housing and Urban Development (HUD), but has since transitioned to the Department of Labor for its funding. The program received $50M under the American Recovery and Reinvestment Act of 2009 and as of end-CY2016 has a capacity of less than 5,500 student slots annually.

Addressing participation, taking FY2014 as an example, the DOL's authorized grant program for YouthBuild amounted to $77.5M to serve approximately 5,210 participants with about 75 programs. [NB: YouthBuild USA, Inc. annual report indicates that there were 10,000 participating students in CY2014.] Jumping to FY2017, the DOL's budget authorization for YouthBuild was $84.5M to support 5,200 slots (about 10% of the promised 50,000 slots) and 82 programs.

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InnovationGrade
LA-26The Promise: "...will support doubling federal funding for basic research over ten years...This will foster home-grown innovation, help ensure the competitiveness of US technology-based businesses, and ensure that 21st century jobs can and will grow in America."
When/Where: Obama-Biden Plan: "Connecting and Empowering All Americans Through Technology and Innovation" dated 11/13/07.
Source: https://www.wired.com/images_blogs/threatlevel/2009/04/obamatechplan.pdf
Status:The authorized funding level for federal research and development (R&D) in FY2009 was $147.0B. This was the amount to be doubled under this promise, excluding $18.4B for federal R&D authorized under the American Recovery and Reinvestment Act (ARRA) of 2009.

According to Congressional Research Service (CRS) reports issued annually to address the status of federal R&D funding across all agencies and based largely on President Obama's annual requests, authorized funding was as follows:

FY2010....$147.1B
FY2011....$142.7B
FY2012....$140.9B
FY2013....$130.3B
FY2014....$136.3B
FY2015....$138.2B
FY2016....$146.1B
FY2017....$125.2B

Instead of "doubling" funding for federal R&D during President Obama's two terms in office, notwithstanding the ARRA plus-up reflected above, annual appropriations were actually less than the FY2009 authorized amount to be doubled ($147.0) each year except for FY2010.

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RetirementGrade
LA-27The Promise: "...will automatically enroll workers in a workplace pension plan."
When/Where: Obama and Biden's Plan for America: "Blueprint for Change," dated 10/09/08.
Source: https://www.documentcloud.org/documents/550007-barack-obama-2008-blueprint-for-change.html
Status:The thrust of this promise wasn't anything new or innovative. The Pension Protection Act of 2006 encouraged automatic 401(k) enrollment. While bigger businesses offer 401(k) participation, it isn't really common for smaller businesses to offer this savings/investment capability.

President Obama addressed this promise in his FY2010 budget proposal (Table S-6). Under this proposal, employees would be automatically enrolled in workplace pension plans and would be allowed to opt out if they chose.

On 07/07/09, the Treasury Department issued final regulations on two automatic enrollment alternatives: (1) the Qualified Automatic Contribution Arrangement (QACA) and (2) the Eligible Automatic Contribution Arrangement (EACA). Under the QACA, escalating salary deferrals coupled with an employer contribution that vests after two years are authorized. Under the EACA, salary deferrals with or without employer contributions are authorized and distribution of automatic deferrals is permitted within 90 days after the first such deferral if an employee opts out of the program within that time frame.

The Departments of Labor (DOL) and Treasury announced in 02/10 that they were seeking to bring employer-sponsored 401(k) and Individual Retirement Accounts (IRAs) under structures created and administered by the U.S. Government, dubbed Guaranteed Retirement Accounts (GRAs). Republicans expressed strong opposition to federalize private sector 401(k) and IRAs and public comments were largely negative, expressing distrust over the government's ability to manage retirement accounts.

President Obama devoted an entire paragraph in his FY2011 budget proposal on this topic, wherein it states: "The Administration will streamline the process for 401(k) plans to adopt automatic enrollment." In reality, by 05/15, DOL Bureau of Labor Statistics data indicates that only 51% of the U.S. workforce was participating in a direct contribution (DC) plan such as 401(K) or IRA.

In 11/15, the Department of Treasury launched a new savings bond program called "MyRA" to encourage employees without a workplace 401(K) or IRA plan to build a safe, no-cost savings account with a reasonable, no-risk return on investment. By end-CY2016, only 20,000 people had signed up for the "MyRA" program, leaving an estimated 55M employees without a mandated, automatic 401(K) or IRA participation program.

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LA-28The Promise: "Create a retirement savings tax credit for low incomes."
When/Where: Interview with Tax Policy Center of Urban and Brookings Institutions dated 08/15/08.
Source: https://www.politifact.com/truth-o-meter/promises/obameter/promise/23/create-a-retirement-savings-tax-credit-for-low-inc/
Status:Source is cited for confirmation of exact promise wording only, as it existed before original "When/Where" campaign document was deleted from archival websites.

Conceptually, this tax credit has been in effect since its inception in 2001. For the 2009 tax year, singles with incomes up to $26,500, married couples with incomes up to $53,000, and heads of household with incomes up to $39,750 could claim the Retirement Savings Contributions Credit, commonly known as the "Savers Credit".

If eligible contributions are made to a qualified IRA, 401(k) or other qualified retirement plans, credits can be granted up to $1,000 (singles) or up to $2,000 (married filing jointly).

Nonetheless, President Obama's FY2010 budget proposal included modification of the existing Savers Credit to provide a 50% match on the first $1,000 of retirement savings for couples that earned less than $65,000 ($32,500 for singles). This amount was raised to $85,000 for couples in President Obama's FY2011 budget proposal. This credit would have been fully refundable.

However, Congress did not support the above initiatives. With the passage of time, the retirement savings tax credit for low incomes was dropped from President Obama's agenda.

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LA-29The Promise: "... employers who do not currently offer a retirement plan will be required to enroll their employees in a direct-deposit [automatic] IRA account..."
When/Where: Obama and Biden's Plan for America: "Blueprint for Change," dated 10/09/08.
Source: https://www.documentcloud.org/documents/550007-barack-obama-2008-blueprint-for-change.html
Status:This promise was reflected in President Obama's FY2010 Budget Plan (Table S-6). Employers who did not offer a retirement plan would be required to enroll their employees in a direct-deposit IRA account that is compatible with existing direct-deposit payroll systems.

President Obama went further in his FY2011 budget proposal. In a section entitled "Establishing Automatic Workplace Pensions," he stated: "...employers who do not currently offer a retirement plan will be required to enroll their employees in a direct-deposit IRA account that is compatible with existing direct-deposit payroll systems. Employees may opt-out if they choose. The smallest firms would be exempt." This proposal got nowhere.

On 08/05/10, Senator Jeff Bingaman (D-NM) introduced the "Automatic IRA Act of 2010" (S. 3760). This bill expired without action at the end of the 111th Congress. Senator Bingaman tried again on 09/14/11 by introducing the "Automatic IRA Act of 2011" (S. 1557). Likewise, Congressman Richard Neal (D-MA) introduced the "Automatic IRA Act of 2012" (H.R. 4049) on 02/16/12. Both of these bills expired without action at the end of the 112th Congress. Senator Sheldon Whitehouse (D-RI) introduced the "Automatic IRA Act of 2015" (S.245) on 01/22/15. This bill expired without action at the end of the 114th Congress at end-CY2016.

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LA-30The Promise: "...will ensure that all employees who have company pensions receive detailed annual disclosures about their pension fund's investments. This will provide retirees important resources to make their pension fund more secure."
When/Where: Plan for America: "Blueprint for Change," dated 10/09/08
Source: https://www.documentcloud.org/ Obama and Biden's documents/550007-barack-obama-2008-blueprint-for-change.html
Status:The Department of Labor Employee Benefits Security Administration (EBSA) issued final regulations relating to service provider disclosures under the Employee Retirement Income Security Act (ERISA) on 02/02/12. Under these new rules, "initial annual disclosure of 'plan-level' and 'investment-level' information...must be furnished no later than August 30, 2012...The first quarterly statement must then be furnished no later than November 14, 2012." Disclosures must be provided quarterly thereafter.

In 09/14, the Department of Labor published a "Reporting and Disclosure Guide for Employee Benefit Plans." Section 3 of this guide, entitled "Additional Disclosure Requirements for Pension Plans" specifies, among its 22 reporting requirements, the following:

- Periodic Pension Benefit Statement: Quarterly benefit statements for an employee or beneficiary account plan must provide the value of each investment to which assets in the account have been allocated.
- Qualified Default Investment Alternative Notice: 30 days advance notice to participants and beneficiaries describing the circumstances under which contributions or other assets will be invested on their behalf in a qualified default investment alternative with the option to opt-out of such investments.
- Participant Plan and Investment Fee Disclosures: General information about the pension plan and potential administrative and individual costs, as well as a "comparative chart" of key information about plan investment options, must be furnished annually. On at least a quarterly basis, participants must receive a statement of the dollar amount of administrative and individual (investment) fees that were charged to their accounts.

The objective of the above is to provide greater transparency to help employees plan for retirement and actively manage their retirement savings prior to and after retirement.

This promise was fulfilled.		1.00
UnemploymentGrade
LA-31The Promise: "...extend unemployment insurance for an additional 13 weeks..."
When/Where: Obama-Biden Plan to Revitalize the Economy, dated 11/07/08.
Source: https://webarchive.loc.gov/all/20090429185145/http://change.gov/agenda/economy_agenda/
Status:The economic stimulus bill (American Recovery and Reinvestment Act of 2009) signed into law on 02/17/09 extended unemployment insurance benefits eligibility criteria.

On 04/15/10, President Obama signed another bill further extending unemployment benefits for those whose 26 weeks of state-paid benefits had expired and would last for up to 99 weeks. Valued at $18B, this bill was in effect until 06/02/10.

On 07/22/10, another bill was signed into law, this one valued at $34B, extending the eligibility dates for benefits extensions to 11/28/10.

Under the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 (H.R. 4853) signed into law by President Obama on 12/17/10, an additional 13 months (not weeks as promised) extension of unemployment benefits was authorized for eligible unemployed persons.

This promise was fulfilled.		1.00
LA-32The Promise: "...temporarily suspend taxes on unemployment insurance benefits..."
When/Where: Obama-Biden Plan to Revitalize the Economy, dated 11/07/08.
Source: https://webarchive.loc.gov/all/20090429185145/http://change.gov/agenda/economy_agenda/
Status:While the economic stimulus bill (American Recovery and Reinvestment Act of 2009) signed into law on 02/17/09 extended unemployment insurance, tax relief was extended only to the first $2,400 of unemployment benefits received in 2009 ($4,800 if both spouses were unemployed). The interpretation of this promise is that all unemployment insurance would be temporarily tax exempt.

For the CY2010 tax year, the exemption from taxes for the first $2,400 of unemployment benefits expired under the "Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010" (H.R. 4853). Since CY2010, all unemployment benefits have been taxable at the federal level, although some states do not tax these benefits. Recipients of such benefits must file IRS Form 1099-G.

This promise was not fulfilled.		0.00
UnionsGrade
LA-33The Promise: "I will fight for...I intend to sign the Employee Free Choice Act when it lands on my desk in the White House."
When/Where: Campaign Speech "Alliance for American Manufacturing," Pittsburg, PA, dated 04/14/08.
Source: http://www.presidency.ucsb.edu/ws/index.php?pid=76997
Status:The purpose of the Employee Free Choice Act is to "establish an efficient system to enable employees to form, join, or assist labor organizations, to provide for mandatory injunctions for unfair labor practices during the organizing effort..."

Introduced in both houses of Congress on 03/10/09 (H-1409 and S-560) by Congressman George Miller (D-CA) and Senator Edward Kennedy (D-MA) respectively as the "Employee Free Choice Act of 2009", the requisite Congressional votes to make these bills happen were lagging throughout the 111th Congress. Additionally, constituent employers were generally against them. Given that previous supporters on both sides of the aisles withdrew their support for these bills, they died with the adjournment of the 111th Congress at the end of CY2010.

The promised Act is not to be confused with the "Employer Free Choice Act" (H.R. 2854) introduced on 09/07/11 for the purpose of repealing a rule on the notification of employee rights under the National Labor Relations Act.

The "Employee Free Choice Act of 2016" (H.R. 5000) was reintroduced by Congressman Alan Grayson on 04/20/16. This bill expired with the 114th Congress at the end of CY2016.

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LA-34The Promise: "...I support collective bargaining rights for all workers...I will review decisions by the Bush Administration that have denied these rights to federal employees and seek to restore them."
When/Where: Candidate Obama letter to President, American Federation of Federal Employees, dated 10/20/08.
Source: https://www.politifact.com/truth-o-meter/promises/obameter/promise/499/restore-collective-bargaining-rights-to-federal-em/
Status:As of end-CY2011, 37% of public sector workers and 6.9% of private sector workers were represented by a union according to the Department of Labor's Bureau of Labor Statistics.

President Bush's Executive Order (E.O.) 13480 entitled "Exclusions from the Federal Labor-management Relations Program" of 11/26/08 eliminated the collective bargaining rights of numerous organizations belonging to the Departments of Energy, Homeland Security, Justice, Transportation and Treasury on the basis that those organizations "have as a primary function intelligence, counterintelligence, investigative, or national security work."

On 10/28/09, President Obama signed into law the National Defense Authorization Act for FY2010 (Public Law 111-84). This law repealed the statutory authority for the National Security Personnel System (NSPS) created under the Bush Administration and required the Department of Defense (DoD) to transition approximately 226K civilian employees from NSPS back to the appropriate statutory non-NSPS pay and personnel system by 01/01/12. NSPS would have imposed significant restrictions on regular civil servants' collective bargaining rights. With the return of the old pay and personnel system (i.e. General Schedule - GS), collective bargaining rights were returned as well.

The Transporation Security Agency (TSA) is another organization where 40K employees (mainly airport screeners) did not have collective bargaining rights. In 04/11, under the aegis of the Federal Labor Relations Authority (FLRA), employees were invited to vote for union representation by either the National Treasury Employees Union (NTEU) or the American Federation of Government Employees (AFGE). Since less than 50% of eligible employees voted, a runoff election was called by the FLRA. The NTEU won this runoff election as announced by the FLRA on 06/23/11.

The situation is much different for 1,500 Bureau of Alcohol, Tobacco and Firearms (ATF) employees, however. No known action has been taken by the Obama Administration to reinstate their collective bargaining rights, which could have been accomplished easily by President Obama issuing an executive order of his own.

President Obama will also be remembered as the President who turned his back on Wisconsin public employees who sought to restore their collective bargaining rights in FY2011 but failed. He promised them during his presidential election campaign that he'd have their backs but was a "no-show."

As of CY2015, the percentage of wage and salary workers who were members of unions was as follows according to the website FedSmith.com:
Private Sector - 6.7%
Federal Government - 27.3%
State Government - 30.2%
Local Government - 41.3%

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LA-35The Promise: "And if American workers are being denied their right to organize when I'm in the White House, I will put on a comfortable pair of shoes and I will walk on that picket line with you as President of the United States."
When/Where: Campaign Speech entitled "A Change We Can Believe In," Spartanburg, SC, dated 11/03/07.
Source: http://www.presidency.ucsb.edu/ws/index.php?pid=77018
Status:In this promise, then-candidate Obama promised to support the protection of union collective bargaining rights.

An for opportunity President Obama to deliver on this promise presented itself in early CY2011 when the Governor of Wisconsin cut collective bargaining rights of most public employees in his efforts to reduce the state's budget deficit. Governor Scott Walker (R-WI) signed this decision into law on 03/11/11. On 09/14/12, Dane County Circuit Judge Juan Colas ruled that this law violated both the U.S. Constitution and state equal protection laws, thereby declaring it null and void. This decision was appealed.

Other than statements in support of unions in general, President Obama did not "put on a comfortable pair of shoes and...walk on the picket line" in Madison as promised. This situation led to a recall election on 06/05/12. Republican Governor Walker won (the first governor to win a recall election in history) and the Wisconsin democrats lost. On 08/04/14, the Wisconsin Supreme Court ruled that Governor Walker's initiative did not violate constitutional protections limiting the right of workers to collectively bargain through unions.

This promise was not fulfilled.		0.00
Labor GPA0.26