H.R. 2264 (rh) Making appropriations for the Departments of Labor, Health and Human Services, and Education, and related agencies for the fiscal year ending September 30, 1998, and for other purposes. ...

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105th CONGRESS
  1st Session
                                H. R. 2264


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 17, 1997

                                Received

_______________________________________________________________________

                                 AN ACT


 
 Making appropriations for the Departments of Labor, Health and Human 
   Services, and Education, and related agencies for the fiscal year 
           ending September 30, 1998, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
That the following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the Departments of Labor, 
Health and Human Services, and Education, and related agencies for the 
fiscal year ending September 30, 1998, and for other purposes, namely:

                      TITLE I--DEPARTMENT OF LABOR

                 Employment and Training Administration

                    training and employment services

    For necessary expenses of the Job Training Partnership Act, as 
amended, including the purchase and hire of passenger motor vehicles, 
the construction, alteration, and repair of buildings and other 
facilities, and the purchase of real property for training centers as 
authorized by the Job Training Partnership Act; the Stewart B. McKinney 
Homeless Assistance Act; the Women in Apprenticeship and Nontraditional 
Occupations Act; the National Skill Standards Act of 1994; and the 
School-to-Work Opportunities Act; $5,162,601,000 (reduced by 
$21,000,000) plus reimbursements, of which $2,500,000 shall be 
available for purposes of carrying out section 738 of the Stewart B. 
McKinney Homeless Assistance Act (relating to homelesss veterans' 
reintegration projects); of which $3,872,463,000 (reduced by 
$21,000,000) is available for obligation for the period July 1, 1998 
through June 30, 1999; of which $118,491,000 is available for the 
period July 1, 1998 through June 30, 2001 for necessary expenses of 
construction, rehabilitation, and acquisition of Job Corps centers; of 
which $200,000,000 shall be available from July 1, 1998 through 
September 30, 1999, for carrying out activities of the School-to-Work 
Opportunities Act; and of which $100,000,000 shall be available for 
obligation for the period July 1, 1999 through June 30, 2000 for 
Opportunity Areas for Out-of-School Youth only if specifically 
authorized by subsequent legislation: Provided, That $52,502,000 shall 
be for carrying out section 401 of the Job Training Partnership Act, 
$69,285,000 shall be for carrying out section 402 of such Act, 
$7,300,000 shall be for carrying out section 441 of such Act, 
$5,000,000 shall be for all activities conducted by and through the 
National Occupational Information Coordinating Committee under such 
Act, $1,063,990,000 (reduced by $21,000,000) shall be for carrying out 
title II, part A of such Act, and $129,965,000 shall be for carrying 
out title II, part C of such Act: Provided further, That no funds from 
any other appropriation shall be used to provide meal services at or 
for Job Corps centers: Provided further, That funds provided for title 
III of the Job Training Partnership Act shall not be subject to the 
limitation contained in subsection (b) of section 315 of such Act; that 
the waiver described in section 315(a)(2) may be granted if a substate 
grantee demonstrates to the Governor that such waiver is appropriate 
due to the availability of low-cost retraining services, is necessary 
to facilitate the provision of needs-related payments to accompany 
long-term training, or is necessary to facilitate the provision of 
appropriate basic readjustment services; and that funds provided for 
discretionary grants under part B of such title III may be used to 
provide needs-related payments to participants who, in lieu of meeting 
the enrollment requirements under section 314(e) of such Act, are 
enrolled in training by the end of the sixth week after grant funds 
have been awarded: Provided further, That service delivery areas may 
transfer funding provided herein under authority of titles II, parts B 
and C of the Job Training Partnership Act between the programs 
authorized by those titles of the Act, if the transfer is approved by 
the Governor: Provided further, That service delivery areas and 
substate areas may transfer up to 20 percent of the funding provided 
herein under authority of title II, part A and title III of the Job 
Training Partnership Act between the programs authorized by those 
titles of the Act, if such transfer is approved by the Governor: 
Provided further, That, notwithstanding any other provision of law, any 
proceeds from the sale of Job Corps center facilities shall be retained 
by the Secretary of Labor to carry out the Job Corps program: Provided 
further, That notwithstanding any other provision of law, the Secretary 
of Labor may waive any of the statutory or regulatory requirements of 
titles I-III of the Job Training Partnership Act (except for 
requirements relating to wage and labor standards, worker rights, 
participation and protection, grievance procedures and judicial review, 
nondiscrimination, allocation of funds to local areas, eligibility, 
review and approval of plans, the establishment and functions of 
service delivery areas and private industry councils, and the basic 
purposes of the Act), and any of the statutory or regulatory 
requirements of sections 8-10 of the Wagner-Peyser Act (except for 
requirements relating to the provision of services to unemployment 
insurance claimants and veterans, and to universal access to basic 
labor exchange services without cost to job seekers), only for funds 
available for expenditure in program year 1998, pursuant to a request 
submitted by a State which identifies the statutory or regulatory 
requirements that are requested to be waived and the goals which the 
State or local service delivery areas intend to achieve, describes the 
actions that the State or local service delivery areas have undertaken 
to remove State or local statutory or regulatory barriers, describes 
the goals of the waiver and the expected programmatic outcomes if the 
request is granted, describes the individuals impacted by the waiver, 
and describes the process used to monitor the progress in implementing 
a waiver, and for which notice and an opportunity to comment on such 
request has been provided to the organizations identified in section 
105(a)(1) of the Job Training Partnership Act, if and only to the 
extent that the Secretary determines that such requirements impede the 
ability of the State to implement a plan to improve the workforce 
development system and the State has executed a Memorandum of 
Understanding with the Secretary requiring such State to meet agreed 
upon outcomes and implement other appropriate measures to ensure 
accountability: Provided further, That the Secretary of Labor shall 
establish a workforce flexibility (work-flex) partnership demonstration 
program under which the Secretary shall authorize not more than six 
States, of which at least three States shall each have populations not 
in excess of 3,500,000, with a preference given to those States that 
have been designated Ed-Flex Partnership States under section 311(e) of 
Public Law 103-227, to waive any statutory or regulatory requirement 
applicable to service delivery areas or substate areas within the State 
under titles I-III of the Job Training Partnership Act (except for 
requirements relating to wage and labor standards, grievance procedures 
and judicial review, nondiscrimination, allotment of funds, and 
eligibility), and any of the statutory or regulatory requirements of 
sections 8-10 of the Wagner-Peyser Act (except for requirements 
relating to the provision of services to unemployment insurance 
claimants and veterans, and to universal access to basic labor exchange 
services without cost to job seekers), for a duration not to exceed the 
waiver period authorized under section 311(e) of Public Law 103-227, 
pursuant to a plan submitted by such States and approved by the 
Secretary for the provision of workforce employment and training 
activities in the States, which includes a description of the process 
by which service delivery areas and substate areas may apply for and 
have waivers approved by the State, the requirements of the Wagner-
Peyser Act to be waived, the outcomes to be achieved and other measures 
to be taken to ensure appropriate accountability for Federal funds.

            community service employment for older americans

                          (transfer of funds)

    To carry out the activities for national grants or contracts with 
public agencies and public or private nonprofit organizations under 
paragraph (1)(A) of section 506(a) of title V of the Older Americans 
Act of 1965, as amended, or to carry out older worker activities as 
subsequently authorized, $343,356,000.
    To carry out the activities for grants to States under paragraph 
(3) of section 506(a) of title V of the Older Americans Act of 1965, as 
amended, or to carry out older worker activities as subsequently 
authorized, $96,844,000.
    The funds appropriated under this heading shall be transferred to 
and merged with the Department of Health and Human Services, ``Aging 
Services Programs'', for the same purposes and the same period as the 
account to which transferred, following the enactment of legislation 
authorizing the administration of the program by that Department.

              federal unemployment benefits and allowances

    For payments during the current fiscal year of trade adjustment 
benefit payments and allowances under part I, and for training, for 
allowances for job search and relocation, and for related State 
administrative expenses under part II, subchapters B and D, chapter 2, 
title II of the Trade Act of 1974, as amended, $349,000,000, together 
with such amounts as may be necessary to be charged to the subsequent 
appropriation for payments for any period subsequent to September 15 of 
the current year.

     state unemployment insurance and employment service operations

    For authorized administrative expenses, $173,452,000, together with 
not to exceed $3,332,476,000 (reduced by $20,000,000) (including not to 
exceed $1,228,000 which may be used for amortization payments to States 
which had independent retirement plans in their State employment 
service agencies prior to 1980, and including not to exceed $2,000,000 
which may be obligated in contracts with non-State entities for 
activities such as occupational and test research activities which 
benefit the Federal-State Employment Service System), which may be 
expended from the Employment Security Administration account in the 
Unemployment Trust Fund including the cost of administering section 
1201 of the Small Business Job Protection Act of 1996, section 7(d) of 
the Wagner-Peyser Act, as amended, the Trade Act of 1974, as amended, 
the Immigration Act of 1990, and the Immigration and Nationality Act, 
as amended, and of which the sums available in the allocation for 
activities authorized by title III of the Social Security Act, as 
amended (42 U.S.C. 502-504), and the sums available in the allocation 
for necessary administrative expenses for carrying out 5 U.S.C. 8501-
8523, shall be available for obligation by the States through December 
31, 1998, except that funds used for automation acquisitions shall be 
available for obligation by States through September 30, 2000; and of 
which $173,452,000, together with not to exceed $738,283,000 of the 
amount which may be expended from said trust fund, shall be available 
for obligation for the period July 1, 1998 through June 30, 1999, to 
fund activities under the Act of June 6, 1933, as amended, including 
the cost of penalty mail authorized under 39 U.S.C. 3202(a)(1)(E) made 
available to States in lieu of allotments for such purpose, and of 
which $200,000,000 (reduced by $10,000,000) shall be available solely 
for the purpose of assisting States to convert their automated State 
employment security agency systems to be year 2000 compliant, and of 
which $206,333,000 (reduced by $10,000,000) shall be available only to 
the extent necessary for additional State allocations to administer 
unemployment compensation laws to finance increases in the number of 
unemployment insurance claims filed and claims paid or changes in a 
State law: Provided, That to the extent that the Average Weekly Insured 
Unemployment (AWIU) for fiscal year 1998 is projected by the Department 
of Labor to exceed 2,789,000 an additional $28,600,000 shall be 
available for obligation for every 100,000 increase in the AWIU level 
(including a pro rata amount for any increment less than 100,000) from 
the Employment Security Administration Account of the Unemployment 
Trust Fund: Provided further, That funds appropriated in this Act which 
are used to establish a national one-stop career center network may be 
obligated in contracts, grants or agreements with non-State entities: 
Provided further, That funds appropriated under this Act for activities 
authorized under the Wagner-Peyser Act, as amended, and title III of 
the Social Security Act, may be used by the States to fund integrated 
Employment Service and Unemployment Insurance automation efforts, 
notwithstanding cost allocation principles prescribed under Office of 
Management and Budget Circular A-87.

        advances to the unemployment trust fund and other funds

    For repayable advances to the Unemployment Trust Fund as authorized 
by sections 905(d) and 1203 of the Social Security Act, as amended, and 
to the Black Lung Disability Trust Fund as authorized by section 
9501(c)(1) of the Internal Revenue Code of 1954, as amended; and for 
nonrepayable advances to the Unemployment Trust Fund as authorized by 
section 8509 of title 5, United States Code, section 104(d) of Public 
Law 102-164, and section 5 of Public Law 103-6, and to the ``Federal 
unemployment benefits and allowances'' account, to remain available 
until September 30, 1999, $392,000,000.
    In addition, for making repayable advances to the Black Lung 
Disability Trust Fund in the current fiscal year after September 15, 
1998, for costs incurred by the Black Lung Disability Trust Fund in the 
current fiscal year, such sums as may be necessary.

                         program administration

    For expenses of administering employment and training programs, 
$84,308,000, together with not to exceed $41,285,000, which may be 
expended from the Employment Security Administration account in the 
Unemployment Trust Fund.

              Pension and Welfare Benefits Administration

                         salaries and expenses

    For necessary expenses for the Pension and Welfare Benefits 
Administration, $82,000,000, of which $3,000,000 shall remain available 
through September 30, 1999 for expenses of completing the revision of 
the processing of employee benefit plan returns.

                  Pension Benefit Guaranty Corporation

               pension benefit guaranty corporation fund

    The Pension Benefit Guaranty Corporation is authorized to make such 
expenditures, including financial assistance authorized by section 104 
of Public Law 96-364, within limits of funds and borrowing authority 
available to such Corporation, and in accord with law, and to make such 
contracts and commitments without regard to fiscal year limitations as 
provided by section 104 of the Government Corporation Control Act, as 
amended (31 U.S.C. 9104), as may be necessary in carrying out the 
program through September 30, 1998, for such Corporation: Provided, 
That not to exceed $10,433,000 shall be available for administrative 
expenses of the Corporation: Provided further, That expenses of such 
Corporation in connection with the termination of pension plans, for 
the acquisition, protection or management, and investment of trust 
assets, and for benefits administration services shall be considered as 
non-administrative expenses for the purposes hereof, and excluded from 
the above limitation.

                  Employment Standards Administration

                         salaries and expenses

    For necessary expenses for the Employment Standards Administration, 
including reimbursement to State, Federal, and local agencies and their 
employees for inspection services rendered, $298,007,000, together with 
$993,000 which may be expended from the Special Fund in accordance with 
sections 39(c) and 44(j) of the Longshore and Harbor Workers' 
Compensation Act: Provided, That $500,000 shall be for the development 
and implementation of the electronic submission of reports required to 
be filed under the Labor-Management Reporting and Disclosure Act of 
1959, as amended, and for a computer database of the information for 
each submission that is indexed and easily searchable by the public via 
the Internet: Provided further, That the Secretary of Labor is 
authorized to accept, retain, and spend, until expended, in the name of 
the Department of Labor, all sums of money ordered to be paid to the 
Secretary of Labor, in accordance with the terms of the Consent 

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