H.R. 2619 (eh) To provide for the expansion of Kilauea Point National Wildlife Refuge. [Engrossed in House] ...

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108th CONGRESS
  1st Session
                                H. R. 2618

 Making appropriations for the Departments of Labor, Health and Human 
   Services, and Education, and related agencies for the fiscal year 
           ending September 30, 2004, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 26, 2003

   Mr. Obey introduced the following bill; which was referred to the 
                      Committee on Appropriations

_______________________________________________________________________

                                 A BILL


 
 Making appropriations for the Departments of Labor, Health and Human 
   Services, and Education, and related agencies for the fiscal year 
           ending September 30, 2004, 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, 2004, and for other purposes, namely:

                      TITLE I--DEPARTMENT OF LABOR

                 Employment and Training Administration

                    training and employment services

    For necessary expenses of the Workforce Investment Act of 1998, 
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 
such Act; $2,614,039,000 plus reimbursements, of which $1,582,858,000 
is available for obligation for the period July 1, 2004 through June 
30, 2005, except that amounts determined by the Secretary of Labor to 
be necessary pursuant to sections 173(a)(4)(A) and 174(c) of such Act 
shall be available from October 1, 2003 until expended; of which 
$1,000,965,000 is available for obligation for the period April 1, 2004 
through June 30, 2005; and of which $30,216,000 is available for the 
period July 1, 2004 through June 30, 2007 for necessary expenses of 
construction, rehabilitation, and acquisition of Job Corps centers: 
Provided, That notwithstanding any other provision of law, of the funds 
provided herein under section 137(c) of such Act, $305,993,000 shall be 
for activities described in section 132(a)(2)(A) of such Act and 
$1,155,152,000 shall be for activities described in section 
132(a)(2)(B) of such Act: Provided further, That, notwithstanding any 
other provision of law or related regulation, $60,000,000 shall be for 
carrying out section 167 such Act, including $56,000,000 for formula 
grants and $3,600,000 for migrant and seasonal housing, including 
permanent housing, and $400,000 for other discretionary purposes: 
Provided further, That funds appropriated under this heading in Public 
Law 108-7 for migrant and seasonal farmworkers housing shall be made 
available only under the terms and conditions in effect June 30, 2002, 
and shall include funding for permanent housing: Provided further, That 
notwithstanding the transfer limitation under section 133(b)(4) of such 
Act, up to 30 percent of such funds may be transferred by a local board 
if approved by the Governor: Provided further, That funds provided to 
carry out section 171(d) of such Act may be used for demonstration 
projects that provide assistance to new entrants in the workforce and 
incumbent workers: 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 notwithstanding any other 
provision of law, funds awarded under a grant issued by the Department 
of Labor pursuant to section 173 of such Act on June 30, 2001, to the 
San Diego Workforce Partnership may be used to provide services to 
spouses of military personnel.
    For necessary expenses of the Workforce Investment Act of 1998, 
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 
such Act; $2,463,000,000 plus reimbursements, of which $2,363,000,000 
is available for obligation for the period October 1, 2004 through June 
30, 2005, and of which $100,000,000 is available for the period October 
1, 2004 through June 30, 2007, for necessary expenses of construction, 
rehabilitation, and acquisition of Job Corps centers.

            community service employment for older americans

    To carry out title V of the Older Americans Act of 1965, as 
amended, $440,200,000.

              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, 
allowances for job search and relocation, and related State 
administrative expenses under part II, subchapters B and D, chapter 2, 
title II of the Trade Act of 1974, as amended (including the benefits 
and services described under sections 123(c)(2) and 151(b) and (c) of 
the Trade Adjustment Assistance Reform Act of 2002 (Public Law 107-
210)), $1,338,200,000, 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, $142,520,000, together with 
not to exceed $3,472,861,000 (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), which may be expended from the Employment Security 
Administration Account in the Unemployment Trust Fund including the 
cost of administering section 51 of the Internal Revenue Code of 1986, 
as amended, 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, 2004, except that funds used for 
automation acquisitions shall be available for obligation by the States 
through September 30, 2006; of which $142,520,000, together with not to 
exceed $768,257,000 of the amount which may be expended from said trust 
fund, shall be available for obligation for the period July 1, 2004 
through June 30, 2005, 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: Provided, That to the extent that the Average Weekly 
Insured Unemployment (AWIU) for fiscal year 2004 is projected by the 
Department of Labor to exceed 3,227,000, 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 
system, or which are used to support the national activities of the 
Federal-State unemployment insurance programs, 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, and to the ``Federal 
unemployment benefits and allowances'' account, to remain available 
until September 30, 2005, $467,000,000.
    In addition, for making repayable advances to the Black Lung 
Disability Trust Fund in the current fiscal year after September 15, 
2004, 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, 
$115,824,000, including $2,393,000 to administer welfare-to-work 
grants, together with not to exceed $56,503,000, which may be expended 
from the Employment Security Administration Account in the Unemployment 
Trust Fund.

               Employee Benefits Security Administration

                         salaries and expenses

    For necessary expenses for the Pension and Welfare Benefits 
Administration, $128,605,000.

                  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, 2004, for such Corporation: Provided, 
That none of the funds available to the Corporation for fiscal year 
2004 shall be available for obligations for administrative expenses in 
excess of $228,772,000: Provided further, That obligations in excess of 
such amount may be incurred after approval by the Office of Management 
and Budget and the Committees on Appropriations of the House and the 
Senate.

                  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, $395,697,000, together with 
$2,056,000 which may be expended from the Special Fund in accordance 
with sections 39(c), 44(d) and 44(j) of the Longshore and Harbor 
Workers' Compensation Act: Provided, That $1,250,000 shall be for the 
development of an alternative system for 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 by whatever means, 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 Judgment in Civil Action No. 91-0027 of the 
United States District Court for the District of the Northern Mariana 
Islands (May 21, 1992): Provided further, That the Secretary of Labor 
is authorized to establish and, in accordance with 31 U.S.C. 3302, 
collect and deposit in the Treasury fees for processing applications 
and issuing certificates under sections 11(d) and 14 of the Fair Labor 
Standards Act of 1938, as amended (29 U.S.C. 211(d) and 214) and for 
processing applications and issuing registrations under title I of the 
Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1801 
et seq.).

                            special benefits

                     (including transfer of funds)

    For the payment of compensation, benefits, and expenses (except 
administrative expenses) accruing during the current or any prior 
fiscal year authorized by title 5, chapter 81 of the United States 
Code; continuation of benefits as provided for under the heading 
``Civilian War Benefits'' in the Federal Security Agency Appropriation 
Act, 1947; the Employees' Compensation Commission Appropriation Act, 
1944; sections 4(c) and 5(f) of the War Claims Act of 1948 (50 U.S.C. 
App. 2012); and 50 percent of the additional compensation and benefits 
required by section 10(h) of the Longshore and Harbor Workers' 
Compensation Act, as amended, $163,000,000, together with such amounts 
as may be necessary to be charged to the subsequent year appropriation 
for the payment of compensation and other benefits for any period 
subsequent to August 15 of the current year: Provided, That amounts 
appropriated may be used under section 8104 of title 5, United States 
Code, by the Secretary of Labor to reimburse an employer, who is not 
the employer at the time of injury, for portions of the salary of a 
reemployed, disabled beneficiary: Provided further, That balances of 
reimbursements unobligated on September 30, 2002, shall remain 
available until expended for the payment of compensation, benefits, and 
expenses: Provided further, That in addition there shall be transferred 
to this appropriation from the Postal Service and from any other 
corporation or instrumentality required under section 8147(c) of title 
5, United States Code, to pay an amount for its fair share of the cost 
of administration, such sums as the Secretary determines to be the cost 
of administration for employees of such fair share entities through 
September 30, 2004: Provided further, That of those funds transferred 
to this account from the fair share entities to pay the cost of 
administration of the Federal Employees' Compensation Act, $39,315,000 
shall be made available to the Secretary as follows: (1) for 
enhancement and maintenance of the automated data processing systems 
and telecommunications systems, $11,618,000; (2) for automated workload 
processing operations, including document imaging, centralized mail 
intake, and medical bill processing, $14,496,000; (3) for periodic roll 
management and medical review, $13,210,000; and (4) the remaining funds 
shall be paid into the Treasury as miscellaneous receipts: Provided 
further, That the Secretary may require that any person filing a notice 
of injury or a claim for benefits under chapter 81 of title 5, United 
States Code, or 33 U.S.C. 901 et seq., provide as part of such notice 
and claim, such identifying information (including Social Security 
account number) as such regulations may prescribe.

               special benefits for disabled coal miners

    For carrying out title IV of the Federal Mine Safety and Health Act 
of 1977, as amended by Public Law 107-275 (the ``Act''), $300,000,000, 
to remain available until expended.
    For making, after July 31 of the current fiscal year, benefit 
payments to individuals under title IV of the Act, for costs incurred 
in the current fiscal year, such amounts as may be necessary.
    For making benefit payments under title IV of the Act for the first 
quarter of fiscal year 2005, $88,000,000, to remain available until 
expended.

    administrative expenses, energy employees occupational illness 
                           compensation fund

                     (including transfer of funds)

    For necessary expenses to administer the Energy Employees 
Occupational Illness Compensation Act, $55,074,000, to remain available 
until expended: Provided, That the Secretary of Labor is authorized to 

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