Pub.L. 107-117 Making appropriations for the Department of Defense for the fiscal year ending September 30, 2002, and for other purposes. <> ...

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[[Page 115 STAT. 2177]]

Public Law 107-116
107th Congress

                                 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, 2002, and for other purposes. <<NOTE: Jan. 10, 
                         2002 -  [H.R. 3061]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Departments of 
Labor, Health and Human Services, and Education, and Related Agencies 
Appropriations Act, 2002.>> 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, 2002, and for 
other purposes, namely:

TITLE I--DEPARTMENT OF LABOR <<NOTE: Department of Labor Appropriations 
Act, 2002.>> 

                 Employment and Training Administration

                    training and employment services

    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; 
$3,167,282,000 plus reimbursements, of which $1,779,342,000 is available 
for obligation for the period July 1, 2002 through June 30, 2003; of 
which $1,353,065,000 is available for obligation for the period April 1, 
2002 through June 30, 2003, including $1,127,965,000 to carry out 
chapter 4 of the Workforce Investment Act and $225,100,000 to carry out 
section 169 of such Act; and of which $3,500,000 is available for 
obligation October 1, 2001 until expended for carrying out the National 
Skills Standards Act of 1994; and of which $30,375,000 is available for 
the period July 1, 2002 through June 30, 2005 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: Provided further, That, notwithstanding any 
other provision of law or related regulation, $80,770,000 shall be for 
carrying out section 167 of the Workforce Investment Act, including 
$74,965,000 for formula grants, $4,786,000 for migrant and seasonal 
housing, and $1,019,000 for other discretionary purposes: Provided 
further, That funding provided herein under section 166 of the Workforce 
Investment Act shall include $1,711,000 for use under section 166(j)(1) 
of the Act: Provided further, That funds provided to carry out section 
171(d)

[[Page 115 STAT. 2178]]

of the Workforce Investment Act may be used for demonstration projects 
that provide assistance to new entrants in the workforce and incumbent 
workers: Provided further, That funding provided to carry out projects 
under section 171 of the Workforce Investment Act that are identified in 
the Conference Agreement, shall not be subject to the requirements of 
section 171(b)(2)(B) of such Act, the requirements of section 
171(c)(4)(D) of such Act, or the joint funding requirements of sections 
171(b)(2)(A) and 171(c)(4)(A) 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.
    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, 
2002 through June 30, 2003, and of which $100,000,000 is available for 
the period October 1, 2002 through June 30, 2005, 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, 
$445,100,000.

              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, $415,650,000, 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, $163,452,000, together with 
not to exceed $3,237,886,000 (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, 2002, except that funds used for 
automation acquisitions shall be available for obligation by

[[Page 115 STAT. 2179]]

the States through September 30, 2004; and of which $163,452,000, 
together with not to exceed $773,283,000 of the amount which may be 
expended from said trust fund, shall be available for obligation for the 
period July 1, 2002 through June 30, 2003, 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 2002 is 
projected by the Department of Labor to exceed 2,622,000, 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: Provided 
further, <<NOTE: Mississippi.>> That notwithstanding any other 
provisions of law, the portion of the funds received by the State of 
Mississippi in the settlement of litigation with a contractor relating 
to the acquisition of an automated system for benefit payments under the 
unemployment compensation program that is attributable to the 
expenditure of Federal grant funds awarded to the State shall be 
transferred to the account under this heading and shall be made 
available by the Department of Labor to the State of Mississippi for 
obligation by the State through fiscal year 2004 to carry out automation 
and related activities under the unemployment compensation program.

         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, 2003, $464,000,000.
    In addition, for making repayable advances to the Black Lung 
Disability Trust Fund in the current fiscal year after September 15, 
2002, 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, 
$113,356,000, including $5,934,000 to administer welfare-to-work grants, 
together with not to exceed $48,507,000, which

[[Page 115 STAT. 2180]]

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, $109,866,000.

                  Pension Benefit Guaranty Corporation

                pension benefit guaranty corporation fund

    The <<NOTE: Contracts.>> 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, 2002, for 
such Corporation: Provided, That not to exceed $11,690,000 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, $369,220,000, together with 
$1,981,000 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, <<NOTE: Reports.>> That $2,000,000 
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

[[Page 115 STAT. 2181]]

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, $121,000,000 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, 2001, 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, 2002: 
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, $36,696,000 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 and 
conversion to a paperless office, $24,522,000; (2) for medical bill 
review and periodic roll management, $11,474,000; (3) for communications 
redesign, $700,000; 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.

         energy employees occupational illness compensation fund

                      (including transfer of funds)

    For necessary expenses to administer the Energy Employees 
Occupational Illness Compensation Act, $136,000,000, to remain available 
until expended: Provided, That the Secretary of Labor is authorized to 
transfer to any Executive agency with authority under the Energy 
Employees Occupational Illness Compensation

[[Page 115 STAT. 2182]]

Act, including within the Department of Labor, such sums as may be 
necessary in fiscal year 2002 to carry out those authorities: Provided 
further, That the Secretary may require that any person filing a claim 

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