H. R. 2673—230
18 of the Act; 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 tuition
fees, otherwise authorized by law to be collected, and may utilize
such sums for occupational safety and health training and education
grants: Provided, That, notwithstanding 31 U.S.C. 3302, the Sec-
retary of Labor is authorized, during the fiscal year ending Sep-
tember 30, 2004, to collect and retain fees for services provided
to Nationally Recognized Testing Laboratories, and may utilize
such sums, in accordance with the provisions of 29 U.S.C. 9a,
to administer national and international laboratory recognition pro-
grams that ensure the safety of equipment and products used
by workers in the workplace: Provided further, That none of the
funds appropriated under this paragraph shall be obligated or
expended to prescribe, issue, administer, or enforce any standard,
rule, regulation, or order under the Act which is applicable to
any person who is engaged in a farming operation which does
not maintain a temporary labor camp and employs 10 or fewer
employees: Provided further, That no funds appropriated under
this paragraph shall be obligated or expended to administer or
enforce any standard, rule, regulation, or order under the Act
with respect to any employer of 10 or fewer employees who is
included within a category having an occupational injury lost work-
day case rate, at the most precise Standard Industrial Classification
Code for which such data are published, less than the national
average rate as such rates are most recently published by the
Secretary, acting through the Bureau of Labor Statistics, in accord-
ance with section 24 of that Act (29 U.S.C. 673), except—
(1) to provide, as authorized by such Act, consultation,
technical assistance, educational and training services, and to
conduct surveys and studies;
(2) to conduct an inspection or investigation in response
to an employee complaint, to issue a citation for violations
found during such inspection, and to assess a penalty for viola-
tions which are not corrected within a reasonable abatement
period and for any willful violations found;
(3) to take any action authorized by such Act with respect
to imminent dangers;
(4) to take any action authorized by such Act with respect
to health hazards;
(5) to take any action authorized by such Act with respect
to a report of an employment accident which is fatal to one
or more employees or which results in hospitalization of two
or more employees, and to take any action pursuant to such
investigation authorized by such Act; and
(6) to take any action authorized by such Act with respect
to complaints of discrimination against employees for exercising
rights under such Act:
Provided further, That the foregoing proviso shall not apply to
any person who is engaged in a farming operation which does
not maintain a temporary labor camp and employs 10 or fewer
employees: Provided further, That not less than $3,200,000 shall
be used to extend funding for the Institutional Competency Building
training grants which commenced in September 2000, for program
activities for the period of September 30, 2003 to September 30,
2004, provided that a grantee has demonstrated satisfactory
performance.
H. R. 2673—231
MINE SAFETY AND HEALTH ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses for the Mine Safety and Health
Administration, $270,826,000, including purchase and bestowal of
certificates and trophies in connection with mine rescue and first-
aid work, and the hire of passenger motor vehicles, including
$100,000 for an award to the Stolar Research Corporation to further
develop and demonstrate electromagnetic wave detection tech-
nology, and other purposes, in Allegheny County, Pennsylvania;
including $1,000,000 for an award to the National Technology
Transfer Center for a coal slurry impoundment pilot project in
southern West Virginia; including up to $2,000,000 for mine rescue
and recovery activities; in addition, not to exceed $750,000 may
be collected by the National Mine Health and Safety Academy
for room, board, tuition, and the sale of training materials, other-
wise authorized by law to be collected, to be available for mine
safety and health education and training activities, notwithstanding
31 U.S.C. 3302; and, in addition, the Mine Safety and Health
Administration may retain up to $1,000,000 from fees collected
for the approval and certification of equipment, materials, and
explosives for use in mines, and may utilize such sums for such
activities; the Secretary is authorized to accept lands, buildings,
equipment, and other contributions from public and private sources
and to prosecute projects in cooperation with other agencies, Fed-
eral, State, or private; the Mine Safety and Health Administration
is authorized to promote health and safety education and training
in the mining community through cooperative programs with States,
industry, and safety associations; and any funds available to the
department may be used, with the approval of the Secretary, to
provide for the costs of mine rescue and survival operations in
the event of a major disaster.
BUREAU OF LABOR STATISTICS
SALARIES AND EXPENSES
For necessary expenses for the Bureau of Labor Statistics,
including advances or reimbursements to State, Federal, and local
agencies and their employees for services rendered, $447,088,000,
together with not to exceed $75,110,000, which may be expended
from the Employment Security Administration Account in the
Unemployment Trust Fund, of which $5,000,000 may be used to
fund the mass layoff statistics program under section 15 of the
Wagner-Peyser Act (29 U.S.C. 49l–2).
OFFICE OF DISABILITY EMPLOYMENT POLICY
SALARIES AND EXPENSES
For necessary expenses for the Office of Disability Employment
Policy to provide leadership, develop policy and initiatives, and
award grants furthering the objective of eliminating barriers to
the 
training 
and 
employment 
of 
people 
with 
disabilities,
$47,333,000.
H. R. 2673—232
DEPARTMENTAL MANAGEMENT
SALARIES AND EXPENSES
For necessary expenses for Departmental Management,
including the hire of three sedans, and including the management
or operation, through contracts, grants or other arrangements of
Departmental activities conducted by or through the Bureau of
International Labor Affairs, including bilateral and multilateral
technical assistance and other international labor activities,
$48,565,000, for the acquisition of Departmental information tech-
nology, architecture, infrastructure, equipment, software and
related needs which will be allocated by the Department’s Chief
Information Officer in accordance with the Department’s capital
investment management process to assure a sound investment
strategy; $352,514,000; together with not to exceed $316,000, which
may be expended from the Employment Security Administration
Account in the Unemployment Trust Fund: Provided, That no funds
made available by this Act may be used by the Solicitor of Labor
to participate in a review in any United States court of appeals
of any decision made by the Benefits Review Board under section
21 of the Longshore and Harbor Workers’ Compensation Act (33
U.S.C. 921) where such participation is precluded by the decision
of the United States Supreme Court in Director, Office of Workers’
Compensation Programs v. Newport News Shipbuilding, 115 S.
Ct. 1278 (1995), notwithstanding any provisions to the contrary
contained in Rule 15 of the Federal Rules of Appellate Procedure:
Provided further, That no funds made available by this Act may
be used by the Secretary of Labor to review a decision under
the Longshore and Harbor Workers’ Compensation Act (33 U.S.C.
901 et seq.) that has been appealed and that has been pending
before the Benefits Review Board for more than 12 months: Pro-
vided further, That any such decision pending a review by the
Benefits Review Board for more than 1 year shall be considered
affirmed by the Benefits Review Board on the 1-year anniversary
of the filing of the appeal, and shall be considered the final order
of the Board for purposes of obtaining a review in the United
States courts of appeals: Provided further, That these provisions
shall not be applicable to the review or appeal of any decision
issued under the Black Lung Benefits Act (30 U.S.C. 901 et seq.):
Provided further, That of the funds provided under this heading,
$150,000 shall be for a grant to the International Center on Child
Labor and Education.
VETERANS EMPLOYMENT AND TRAINING
Not to exceed $193,443,000 may be derived from the Employ-
ment Security Administration Account in the Unemployment Trust
Fund to carry out the provisions of 38 U.S.C. 4100–4110A, 4212,
4214, and 4321–4327, and Public Law 103–353, and which shall
be available for obligation by the States through December 31,
2004, of which $2,000,000 is for the National Veterans’ Employment
and Training Services Institute. To carry out the Homeless Veterans
Reintegration Programs (38 U.S.C. 2021) and the Veterans
Workforce Investment Programs (29 U.S.C. 2913), $26,550,000 of
which $7,550,000 shall be available for obligation for the period
July 1, 2004 through June 30, 2005.
H. R. 2673—233
OFFICE OF INSPECTOR GENERAL
For salaries and expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, as amended, $60,094,000, together with not to exceed
$5,730,000, which may be expended from the Employment Security
Administration Account in the Unemployment Trust Fund.
WORKING CAPITAL FUND
For the acquisition of a new core accounting system for the
Department of Labor, including hardware and software infrastruc-
ture and the costs associated with implementation thereof,
$13,850,000.
GENERAL PROVISIONS
SEC. 101. None of the funds appropriated in this title for
the Job Corps shall be used to pay the compensation of an indi-
vidual, either as direct costs or any proration as an indirect cost,
at a rate in excess of Executive Level II.
(TRANSFER OF FUNDS)
SEC. 102. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended) which are appropriated for the current
fiscal year for the Department of Labor in this Act may be trans-
ferred between appropriations, but no such appropriation shall be
increased by more than 3 percent by any such transfer: Provided,
That the Appropriations Committees of both Houses of Congress
are notified at least 15 days in advance of any transfer.
SEC. 103. In accordance with Executive Order No. 13126, none
of the funds appropriated or otherwise made available pursuant
to this Act shall be obligated or expended for the procurement
of goods mined, produced, manufactured, or harvested or services
rendered, whole or in part, by forced or indentured child labor
in industries and host countries already identified by the United
States Department of Labor prior to enactment of this Act.
SEC. 104. There is authorized to be appropriated such sums
as may be necessary to the Denali Commission through the Depart-
ment of Labor to conduct job training of the local workforce where
Denali Commission projects will be constructed.
SEC. 105. Of the funds appropriated for fiscal year 1999 under
section 403(a)(5)(H)(i)(II) of the Social Security Act (42 U.S.C.
603(a)(5)(H)(i)(II)) that were allotted as welfare to work formula
grants to the States under section 403(a)(5)(A) of such Act (42
U.S.C. 603(a)(5)(A)), there is hereby rescinded any funds that are
unexpended by the States as of the date of enactment of this
section, except for such funds as the Secretary of Labor determines
are necessary for States to carry out administrative activities
relating to the close out of such grants. Notwithstanding section
403(a)(5) of the Social Security Act (42 U.S.C. 603(a)(5)), the Sec-
retary of Labor may take such actions as the Secretary determines
are appropriate to facilitate the orderly and equitable close out
of such grants, consistent with the requirements of this section.
SEC. 106. (a) FINDINGS.—Congress finds that—