H.R. 4577 (rh) Making appropriations for the Departments of Labor, Health and Human Services, and Education, and related agencies for the fiscal year ending September 30, 2001, and for other purposes. [Reported in House] ...

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106th CONGRESS
  2d Session
                                H. R. 4577


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 30, 2000

    Ordered to be printed with the amendments of the Senate numbered

_______________________________________________________________________

                                 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, 2001, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, (1)<DELETED>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, 2001, and for other purposes, namely:

            <DELETED>TITLE I--DEPARTMENT OF LABOR</DELETED>

       <DELETED>Employment and Training Administration</DELETED>

          <DELETED>training and employment services</DELETED>

<DELETED>    For necessary expenses of the Workforce Investment Act, 
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 Workforce Investment Act; the Women in Apprenticeship and 
Nontraditional Occupations Act; and the National Skill Standards Act of 
1994, $2,552,495,000 plus reimbursements, of which $1,340,155,000 is 
available for obligation for the period July 1, 2001 through June 30, 
2002; of which $1,175,965,000 is available for obligation for the 
period April 1, 2001 through June 30, 2002, including $1,000,965,000 to 
carry out chapter 4 of the Workforce Investment Act and $175,000,000 to 
carry out section 169 of such Act; and of which $20,375,000 is 
available for the period July 1, 2001 through June 30, 2004 for 
necessary expenses of construction, rehabilitation, and acquisition of 
Job Corps centers: Provided, That $9,098,000 shall be for carrying out 
section 172 of the Workforce Investment Act, and $3,500,000 shall be 
for carrying out the National Skills Standards Act of 1994: Provided 
further, That no funds from any other appropriation shall be used to 
provide meal services at or for Job Corps centers.</DELETED>
<DELETED>    For necessary expenses of the Workforce Investment Act, 
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 Workforce Investment Act, $2,463,000,000 plus reimbursements, of 
which $2,363,000,000 is available for obligation for the period October 
1, 2001 through June 30, 2002; and of which $100,000,000 is available 
for the period October 1, 2001 through June 30, 2004, for necessary 
expenses of construction, rehabilitation, and acquisition of Job Corps 
centers.</DELETED>

  <DELETED>community service employment for older americans</DELETED>

<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>

    <DELETED>federal unemployment benefits and allowances</DELETED>

<DELETED>    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, $406,550,000, 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.</DELETED>

     <DELETED>state unemployment insurance and employment service 
                          operations</DELETED>

<DELETED>    For authorized administrative expenses, $43,452,000, 
together with not to exceed $3,054,338,000 (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, 2001, except that funds used for 
automation acquisitions shall be available for obligation by the States 
through September 30, 2003; and of which $43,452,000, 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, 
2001 through June 30, 2002, 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 2001 is projected by the 
Department of Labor to exceed 2,396,000, 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.</DELETED>

      <DELETED>advances to the unemployment trust fund and other 
                            funds</DELETED>

<DELETED>    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, 2002, $435,000,000.</DELETED>
<DELETED>    In addition, for making repayable advances to the Black 
Lung Disability Trust Fund in the current fiscal year after September 
15, 2001, for costs incurred by the Black Lung Disability Trust Fund in 
the current fiscal year, such sums as may be necessary.</DELETED>

               <DELETED>program administration</DELETED>

<DELETED>    For expenses of administering employment and training 
programs, $100,944,000, including $6,431,000 to support up to 75 full-
time equivalent staff, the majority of which will be term Federal 
appointments lasting no more than 1 year, to administer welfare-to-work 
grants, together with not to exceed $45,056,000, which may be expended 
from the Employment Security Administration account in the Unemployment 
Trust Fund.</DELETED>

     <DELETED>Pension and Welfare Benefits Administration</DELETED>

                <DELETED>salaries and expenses</DELETED>

<DELETED>    For necessary expenses for the Pension and Welfare 
Benefits Administration, $98,934,000.</DELETED>

        <DELETED>Pension Benefit Guaranty Corporation</DELETED>

      <DELETED>pension benefit guaranty corporation fund</DELETED>

<DELETED>    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, 2001, for such 
Corporation: Provided, That not to exceed $11,148,000 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.</DELETED>

         <DELETED>Employment Standards Administration</DELETED>

                <DELETED>salaries and expenses</DELETED>

<DELETED>    For necessary expenses for the Employment Standards 
Administration, including reimbursement to State, Federal, and local 
agencies and their employees for inspection services rendered, 
$337,030,000, together with $1,740,000 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 
$2,000,000 shall be for the development of an alternative system for 
the electronic submission of reports as 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.).</DELETED>

                  <DELETED>special benefits</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    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, $56,000,000 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, 2000, 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, 2001: Provided further, That of those funds transferred 
to this account from the fair share entities to pay the cost of 
administration, $30,510,000 shall be made available to the Secretary as 
follows: (1) for the operation of and enhancement to the automated data 
processing systems, including document imaging, medical bill review, 
and periodic roll management, in support of Federal Employees' 
Compensation Act administration, $19,971,000; (2) for conversion to a 
paperless office, $7,005,000; (3) for communications redesign, 
$750,000; (4) for information technology maintenance and support, 
$2,784,000; and (5) 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.</DELETED>

          <DELETED>black lung disability trust fund</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    For payments from the Black Lung Disability Trust Fund, 
$1,028,000,000, of which $975,343,000 shall be available until 
September 30, 2002, for payment of all benefits as authorized by 
section 9501(d)(1), (2), (4), and (7) of the Internal Revenue Code of 
1954, as amended, and interest on advances as authorized by section 
9501(c)(2) of that Act, and of which $30,393,000 shall be available for 
transfer to Employment Standards Administration, Salaries and Expenses, 
$21,590,000 for transfer to Departmental Management, Salaries and 
Expenses, $318,000 for transfer to Departmental Management, Office of 
Inspector General, and $356,000 for payment into miscellaneous receipts 
for the expenses of the Department of Treasury, for expenses of 
operation and administration of the Black Lung Benefits program as 
authorized by section 9501(d)(5) of that Act: Provided, That, in 
addition, such amounts as may be necessary may be charged to the 
subsequent year appropriation for the payment of compensation, 
interest, or other benefits for any period subsequent to August 15 of 
the current year.</DELETED>

    <DELETED>Occupational Safety and Health Administration</DELETED>

                <DELETED>salaries and expenses</DELETED>

<DELETED>    For necessary expenses for the Occupational Safety and 
Health Administration, $381,620,000, including not to exceed 
$83,771,000 which shall be the maximum amount available for grants to 
States under section 23(g) of the Occupational Safety and Health Act, 
which grants shall be no less than 50 percent of the costs of State 
occupational safety and health programs required to be incurred under 
plans approved by the Secretary under section 18 of the Occupational 
Safety and Health Act of 1970; and, in addition, notwithstanding 31 
U.S.C. 3302, the Occupational Safety and Health Administration may 
retain up to $750,000 per fiscal year of training institute course 

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