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Calendar No. 290
106th CONGRESS
1st Session
S. 1650
Making appropriations for the Departments of Labor, Health and Human
Services, and Education, and related agencies for the fiscal year
ending September 30, 2000, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 28, 1999
Mr. Specter, from the Committee on Appropriations, reported the
following original bill; which was read twice and placed on the
calendar
_______________________________________________________________________
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, 2000, 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, 2000, 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, 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 Stewart B. McKinney Homeless Assistance
Act; the National Skill Standards Act of 1994; and the School-to-Work
Opportunities Act; $2,750,694,000 plus reimbursements, of which
$1,380,266,000 is available for obligation for the period July 1, 2000
through June 30, 2001; of which $1,250,965,000 is available for
obligation for the period April 1, 2000 through June 30, 2001; of which
$53,463,000 is available for the period July 1, 2000 through June 30,
2003, for necessary expenses of construction, rehabilitation, and
acquisition of Job Corps centers; and of which $55,000,000 shall be
available from July 1, 2000 through September 30, 2001, for carrying
out activities of the School-to-Work Opportunities Act: Provided, That
$60,000,000 shall be for carrying out section 166 of the Workforce
Investment Act, and $7,000,000 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: 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 funding appropriated herein for
Dislocated Worker Employment and Training Activities under section
132(a)(2)(A) of the Workforce Investment Act of 1998 may be distributed
for Dislocated Worker Projects under section 171(d) of the Act without
regard to the 10 percent limitation contained in section 171(d) of the
Act.
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; $2,720,315,000 plus reimbursements, of which
$2,637,120,000 is available for obligation for the period October 1,
2000 through June 30, 2001; and of which $83,195,000 is available for
the period October 1, 2000 through June 30, 2003, including $80,195,000
for necessary expenses of construction, rehabilitation, and acquisition
of Job Corps centers.
In addition to the amounts appropriated under this heading in
Public Law 105-277 to carry out the provisions of section 402 of the
Job Training Partnership Act, an additional $1,551,000 is made
available for obligation from October 1, 1999 through June 30, 2000.
community service employment for older americans
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.
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, $415,150,000, 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, $196,952,000, together with
not to exceed $3,161,121,000 (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 1201 of the Small Business Job Protection
Act of 1996, section 7(d) of the Wagner-Peyser Act, as amended, section
461 of the Job Training Partnership Act, 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, 2000, except that funds used for automation
acquisitions shall be available for obligation by the States through
September 30, 2002; and of which $196,952,000, together with not to
exceed $778,283,000 of the amount which may be expended from said trust
fund, shall be available for obligation for the period July 1, 2000
through June 30, 2001, 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 $151,333,000 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 2000 is projected by the Department
of Labor to exceed 2,638,000, 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, and to the ``Federal
unemployment benefits and allowances'' account, to remain available
until September 30, 2001, $356,000,000.
In addition, for making repayable advances to the Black Lung
Disability Trust Fund in the current fiscal year after September 15,
2000, 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,
$103,208,000, including $6,578,000 to support up to 75 full-time
equivalent staff, to administer welfare-to-work grants, together with
not to exceed $46,132,000, 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, $99,831,000.
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, 2000, for such Corporation: Provided,
That not to exceed $11,352,000 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, $341,047,000, 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.).
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 head
``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, $79,000,000 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, 1999, 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, 2000: Provided further, That of those funds transferred
to this account from the fair share entities to pay the cost of
administration, $21,849,000 shall be made available to the Secretary as
follows: for the operation of and enhancement to the automated data
processing systems, including document imaging and medical bill review,
in support of Federal Employees' Compensation Act administration,
$13,433,000; for program staff training to operate the new imaging
system, $1,300,000; for the periodic roll review program, $7,116,000;
and 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.
black lung disability trust fund
(including transfer of funds)
Beginning in fiscal year 2000 and thereafter, such sums as may be
necessary from the Black Lung Disability Trust Fund, to remain
available until expended, for payment of all benefits 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. In addition, the following amounts shall be
available from the Fund for fiscal year 2000 for expenses of operation
and administration of the Black Lung Benefits program as authorized by
section 9501 (d)(5) of that Act: $28,676,000 for transfer to the
Employment Standards Administration, ``Salaries and Expenses'';
$21,144,000 for transfer to Departmental Management, ``Salaries and
Expenses''; $318,000 for transfer to Departmental Management, ``Office
of Inspector General''; and $356,000 for payments into Miscellaneous
Receipts for the expenses of the Department of Treasury.
Occupational Safety and Health Administration
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