IB 
Union Calendar No. 667 
115TH CONGRESS 
2D SESSION 
H. R. 6470 
[Report No. 115–862] 
Making appropriations for the Departments of Labor, Health and Human 
Services, and Education, and related agencies for the fiscal year ending 
September 30, 2019, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 23, 2018 
Mr. COLE, from the Committee on Appropriations, reported the following bill; 
which was committed to the Committee of the Whole House on the State 
of the Union and ordered to be printed 
A BILL 
Making appropriations for the Departments of Labor, Health 
and Human Services, and Education, and related agen-
cies for the fiscal year ending September 30, 2019, and 
for other purposes. 
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Be it enacted by the Senate and House of Representa-
tives 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, 2019, and for other purposes, namely: 
TITLE I 
DEPARTMENT OF LABOR 
EMPLOYMENT AND TRAINING ADMINISTRATION 
TRAINING AND EMPLOYMENT SERVICES 
For necessary expenses of the Workforce Innovation 
and Opportunity Act (referred to in this Act as ‘‘WIOA’’), 
and the Second Chance Act of 2007, $3,474,341,000, plus 
reimbursements, shall be available. Of the amounts pro-
vided: 
(1) for grants to States for adult employment 
and training activities, youth activities, and dis-
located worker employment and training activities, 
$2,789,832,000 as follows: 
(A) $845,556,000 for adult employment 
and training activities, of which $133,556,000 
shall be available for the period July 1, 2019 
through 
June 
30, 
2020, 
and 
of 
which 
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$712,000,000 shall be available for the period 
October 1, 2019 through June 30, 2020; 
(B) $903,416,000 for youth activities, 
which shall be available for the period April 1, 
2019 through June 30, 2020; and 
(C) $1,040,860,000 for dislocated worker 
employment and training activities, of which 
$180,860,000 shall be available for the period 
July 1, 2019 through June 30, 2020, and of 
which $860,000,000 shall be available for the 
period October 1, 2019 through June 30, 2020: 
Provided, That the funds available for allotment to 
outlying areas to carry out subtitle B of title I of the 
WIOA shall not be subject to the requirements of 
section 127(b)(1)(B)(ii) of such Act: Provided fur-
ther, That section 189(i)(3)(A)(ii) of the WIOA shall 
be applied in fiscal year 2019 by striking ‘‘of sec-
tions 8 through 10’’ and ‘‘(29 U.S.C. 49g through 
49i)’’, and by inserting ‘‘the colocation of employ-
ment service offices with one-stop centers, the des-
ignation of a cooperating State agency, the estab-
lishment and maintenance of a national system of 
public employment service offices’’ after ‘‘veterans,’’; 
and 
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(2) for national programs, $684,509,000 as fol-
lows: 
(A) $200,000,000 for the dislocated work-
ers assistance national reserve, which shall be 
available through September 30, 2020: Pro-
vided, That funds provided to carry out section 
132(a)(2)(A) of the WIOA may be used to pro-
vide assistance to a State for statewide or local 
use in order to address cases where there have 
been worker dislocations across multiple sectors 
or across multiple local areas and such workers 
remain dislocated; coordinate the State work-
force development plan with emerging economic 
development needs; and train such eligible dis-
located workers: Provided further, That funds 
provided to carry out sections 168(b) and 
169(c) of the WIOA may be used for technical 
assistance and demonstration projects, respec-
tively, that provide assistance to new entrants 
in the workforce and incumbent workers: Pro-
vided further, That of the funds provided under 
this subparagraph, $30,000,000 shall be for 
training and employment assistance under sec-
tions 168(b), 169(c) (notwithstanding the 10 
percent limitation in such section) and 170 of 
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the WIOA for workers in counties identified by 
the most recent United States Census Bureau 
data available as having poverty rates for all 
ages above 30 percent; 
(B) $55,000,000 for Native American pro-
grams under section 166 of the WIOA, which 
shall be available for the period July 1, 2019 
through June 30, 2020; 
(C) $87,896,000 for migrant and seasonal 
farmworker programs under section 167 of the 
WIOA, including $81,447,000 for formula 
grants (of which not less than 70 percent shall 
be for employment and training services), 
$5,922,000 for migrant and seasonal housing 
(of which not less than 70 percent shall be for 
permanent housing), and $527,000 for other 
discretionary purposes, which shall be available 
for the period July 1, 2019 through June 30, 
2020: Provided, That notwithstanding any 
other provision of law or related regulation, the 
Department of Labor shall take no action lim-
iting the number or proportion of eligible par-
ticipants receiving related assistance services or 
discouraging grantees from providing such serv-
ices; 
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(D) $92,534,000 for YouthBuild activities 
as described in section 171 of the WIOA, which 
shall be available for the period April 1, 2019 
through June 30, 2020; 
(E) $93,079,000 for ex-offender activities, 
under the authority of section 169 of the WIOA 
and section 212 of the Second Chance Act of 
2007, which shall be available for the period 
April 1, 2019 through June 30, 2020: Provided, 
That of this amount, $25,000,000 shall be for 
competitive grants to national and regional 
intermediaries for activities that prepare young 
ex-offenders and school dropouts for employ-
ment, with a priority for projects serving high- 
crime, high-poverty areas; 
(F) $6,000,000 for the Workforce Data 
Quality Initiative, under the authority of section 
169 of the WIOA, which shall be available for 
the period July 1, 2019 through June 30, 
2020; and 
(G) $150,000,000 to expand apprentice-
ship opportunities, to be available to the Sec-
retary to carry out activities through grants, co-
operative agreements, contracts and other ar-
rangements, with States and other appropriate 
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entities, which shall be available for the period 
April 1, 2019 through June 30, 2020. 
JOB CORPS 
(INCLUDING TRANSFER OF FUNDS) 
To carry out subtitle C of title I of the WIOA, includ-
ing Federal administrative expenses, the purchase and 
hire of passenger motor vehicles, the construction, alter-
ation, and repairs of buildings and other facilities, and the 
purchase of real property for training centers as author-
ized by the WIOA, $1,718,655,000, plus reimbursements, 
as follows: 
(1) $1,603,325,000 for Job Corps Operations, 
which shall be available for the period July 1, 2019 
through June 30, 2020; 
(2) $83,000,000 for construction, rehabilitation 
and acquisition of Job Corps Centers, which shall be 
available for the period July 1, 2019 through June 
30, 2022, and which may include the acquisition, 
maintenance, and repair of major items of equip-
ment: Provided, That the Secretary may transfer up 
to 15 percent of such funds to meet the operational 
needs of such centers or to achieve administrative ef-
ficiencies: Provided further, That any funds trans-
ferred pursuant to the preceding provision shall not 
be available for obligation after June 30, 2020: Pro-
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vided further, That the Committees on Appropria-
tions of the House of Representatives and the Sen-
ate are notified at least 15 days in advance of any 
transfer; and 
(3) $32,330,000 for necessary expenses of Job 
Corps, which shall be available for obligation for the 
period October 1, 2018 through September 30, 
2019: 
Provided, That no funds from any other appropriation 
shall be used to provide meal services at or for Job Corps 
centers: Provided further, That notwithstanding section 
144(a)(1) of the WIOA, the Secretary may prioritize the 
enrollment of applicants who are at least 20 years old into 
the Job Corps program. 
COMMUNITY SERVICE EMPLOYMENT FOR OLDER 
AMERICANS 
To carry out title V of the Older Americans Act of 
1965 (referred to in this Act as ‘‘OAA’’), $400,000,000, 
which shall be available for the period April 1, 2019 
through June 30, 2020, and may be recaptured and reobli-
gated in accordance with section 517(c) of the OAA. 
FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES 
For payments during fiscal year 2019 of trade ad-
justment benefit payments and allowances under part I 
of subchapter B of chapter 2 of title II of the Trade Act 
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of 1974, and section 246 of that Act; and for training, 
employment and case management services, allowances for 
job search and relocation, and related State administrative 
expenses under part II of subchapter B of chapter 2 of 
title II of the Trade Act of 1974, and including benefit 
payments, allowances, training, employment and case 
management services, and related State administration 
provided pursuant to section 231(a) of the Trade Adjust-
ment Assistance Extension Act of 2011 and section 405(a) 
of the Trade Preferences Extension Act of 2015, 
$790,000,000 together with such amounts as may be nec-
essary to be charged to the subsequent appropriation for 
payments for any period subsequent to September 15, 
2019: Provided, That notwithstanding section 502 of this 
Act, any part of the appropriation provided under this 
heading may remain available for obligation beyond the 
current fiscal year pursuant to the authorities of section 
245(c) of the Trade Act of 1974 (19 U.S.C. 2317(c)). 
STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT 
SERVICE OPERATIONS 
For 
authorized 
administrative 
expenses, 
$84,066,000, together with not to exceed $3,176,216,000 
which may be expended from the Employment Security 
Administration Account in the Unemployment Trust Fund 
(‘‘the Trust Fund’’), of which: 
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(1) $2,515,816,000 from the Trust Fund is for 
grants to States for the administration of State un-
employment insurance laws as authorized under title 
III of the Social Security Act (including not less 
than $150,000,000 to conduct in-person reemploy-
ment and eligibility assessments and unemployment 
insurance improper payment reviews, and to provide 
reemployment services and referrals to training as 
appropriate, for claimants of unemployment insur-
ance for ex-service members under 5 U.S.C. 8521 et. 
seq. and for claimants of regular unemployment 
compensation, including those who are profiled as 
most likely to exhaust their benefits in each State: 
Provided, That of the amount provided under this 
heading, $117,000,000 is provided to meet the terms 
of section 251(b)(2)(E)(ii) of the Balanced Budget 
and Emergency Deficit Control Act of 1985, as 
amended, and $33,000,000 is additional new budget 
authority 
specified 
for 
purposes 
of 
section 
251(b)(2)(E) of such Act; and $9,000,000 for con-
tinued support of the Unemployment Insurance In-
tegrity Center of Excellence), the administration of 
unemployment insurance for Federal employees and 
for ex-service members as authorized under 5 U.S.C. 
8501–8523, and the administration of trade read-
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justment allowances, reemployment trade adjustment 
assistance, and alternative trade adjustment assist-
ance under the Trade Act of 1974 and under section 
231(a) of the Trade Adjustment Assistance Exten-
sion Act of 2011 and section 405(a) of the Trade 
Preferences Extension Act of 2015, and shall be 
available for obligation by the States through De-
cember 31, 2019, except that funds used for auto-
mation shall be available for Federal obligation 
through December 31, 2019, and for State obliga-
tion through September 30, 2021, or, if the automa-
tion is being carried out through consortia of States, 
for State obligation through September 30, 2024, 
and for expenditure through September 30, 2025, 
and funds for competitive grants awarded to States 
for improved operations and to conduct in-person re-
employment and eligibility assessments and unem-
ployment insurance improper payment reviews and 
provide reemployment services and referrals to train-
ing, as appropriate, shall be available for Federal ob-
ligation through December 31, 2019, and for obliga-
tion by the States through September 30, 2021, and 
funds for the Unemployment Insurance Integrity 
Center of Excellence shall be available for obligation 
by the State through September 30, 2020, and 
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funds used for unemployment insurance workloads 
experienced through September 30, 2019 shall be 
available for Federal obligation through December 
31, 2019; 
(2) $13,897,000 from the Trust Fund is for na-
tional activities necessary to support the administra-
tion of the Federal-State unemployment insurance 
system; 
(3) $564,375,000 from the Trust Fund, to-
gether with $21,413,000 from the General Fund of 
the Treasury, is for grants to States in accordance 
with section 6 of the Wagner-Peyser Act, and shall 
be available for Federal obligation for the period 
July 1, 2019 through June 30, 2020: Provided, That 
notwithstanding the funding allocation in section 7 
of the Wagner-Peyser Act, States may use up to 100 
percent of the funds allotted to the State under sec-
tion 6 of such Act to carry out the activities de-
scribed in section 7(a) of such Act; 
(4) $19,818,000 from the Trust Fund is for na-
tional activities of the Employment Service, includ-
ing administration of the work opportunity tax cred-
it under section 51 of the Internal Revenue Code of 
1986, and the provision of technical assistance and 
staff training under the Wagner-Peyser Act; 
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(5) $62,310,000 from the Trust Fund is for the 
administration of foreign labor certifications and re-
lated activities under the Immigration and Nation-
ality Act and related laws, of which $48,028,000 
shall be available for the Federal administration of 
such activities, and $14,282,000 shall be available 
for grants to States for the administration of such 
activities; and 
(6) $62,653,000 from the General Fund is to 
provide workforce information, national electronic 
tools, and one-stop system building under the Wag-
ner-Peyser Act and shall be available for Federal ob-
ligation for the period July 1, 2019 through June 
30, 2020: 
Provided, That to the extent that the Average Weekly In-
sured Unemployment (‘‘AWIU’’) for fiscal year 2019 is 
projected by the Department of Labor to exceed 
2,030,000, an additional $28,600,000 from the Trust 
Fund 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) to carry out title 
III of the Social Security Act: Provided further, That 
funds appropriated in this Act that are allotted to a State 
to carry out activities under title III of the Social Security 
Act may be used by such State to assist other States in 
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carrying out activities under such title III if the other 
States include areas that have suffered a major disaster 
declared by the President under the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act: Provided 
further, That the Secretary may use funds appropriated 
for grants to States under title III of the Social Security 
Act to make payments on behalf of States for the use of 
the National Directory of New Hires under section 
453(j)(8) of such Act: Provided further, That the Sec-
retary may use funds appropriated for grants to States 
under title III of the Social Security Act to make pay-
ments on behalf of States to the entity operating the State 
Information Data Exchange System: Provided further, 
That the Secretary may use funds appropriated for grants 
to States under title III of the Social Security Act to make 
payments on behalf of States to the entity operating the 
Unemployment Insurance Integrity Center of Excellence: 
Provided further, That funds appropriated in this Act 
which are used to establish a national one-stop career cen-
ter system, or which are used to support the national ac-
tivities of the Federal-State unemployment insurance, em-
ployment service, or immigration programs, may be obli-
gated in contracts, grants, or agreements with States and 
non-State entities: Provided further, That States awarded 
competitive grants for improved operations under title III 
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of the Social Security Act, or awarded grants to support 
the national activities of the Federal-State unemployment 
insurance system, may award subgrants to other States 
and non-State entities under such grants, subject to the 
conditions applicable to the grants: Provided further, That 
funds appropriated under this Act for activities authorized 
under title III of the Social Security Act and the Wagner- 
Peyser Act may be used by States to fund integrated Un-
employment Insurance and Employment Service automa-
tion efforts, notwithstanding cost allocation principles pre-
scribed under the final rule entitled ‘‘Uniform Administra-
tive Requirements, Cost Principles, and Audit Require-
ments for Federal Awards’’ at part 200 of title 2, Code 
of Federal Regulations: Provided further, That the Sec-
retary, at the request of a State participating in a consor-
tium with other States, may reallot funds allotted to such 
State under title III of the Social Security Act to other 
States participating in the consortium or to the entity op-
erating the Unemployment Insurance Information Tech-
nology Support Center in order to carry out activities that 
benefit the administration of the unemployment com-
pensation law of the State making the request: Provided 
further, That the Secretary may collect fees for the costs 
associated with additional data collection, analyses, and 
reporting services relating to the National Agricultural 
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Workers Survey requested by State and local govern-
ments, public and private institutions of higher education, 
and nonprofit organizations and may utilize such sums, 
in accordance with the provisions of 29 U.S.C. 9a, for the 
National Agricultural Workers Survey infrastructure, 
methodology, and data to meet the information collection 
and reporting needs of such entities, which shall be cred-
ited to this appropriation and shall remain available until 
September 30, 2020, for such purposes. 
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, and to the Black Lung Disability 
Trust Fund as authorized by section 9501(c)(1) of the In-
ternal Revenue Code of 1986; and for nonrepayable ad-
vances to the revolving fund established by section 901(e) 
of the Social Security Act, to the Unemployment Trust 
Fund as authorized by 5 U.S.C. 8509, and to the ‘‘Federal 
Unemployment Benefits and Allowances’’ account, such 
sums as may be necessary, which shall be available for 
obligation through September 30, 2020. 
PROGRAM ADMINISTRATION 
For expenses of administering employment and train-
ing programs, $108,674,000, together with not to exceed 
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$49,982,000 which may be expended from the Employ-
ment Security Administration Account in the Unemploy-
ment Trust Fund. 
EMPLOYEE BENEFITS SECURITY ADMINISTRATION 
SALARIES AND EXPENSES 
For necessary expenses for the Employee Benefits 
Security Administration, $180,600,000, of which up to 
$3,000,000 shall be made available through September 30, 
2020, for the procurement of expert witnesses for enforce-
ment litigation. 
PENSION BENEFIT GUARANTY CORPORATION 
PENSION BENEFIT GUARANTY CORPORATION FUND 
The Pension Benefit Guaranty Corporation (‘‘Cor-
poration’’) is authorized to make such expenditures, in-
cluding financial assistance authorized by subtitle E of 
title IV of the Employee Retirement Income Security Act 
of 1974, within limits of funds and borrowing authority 
available to the Corporation, and in accord with law, and 
to make such contracts and commitments without regard 
to fiscal year limitations, as provided by 31 U.S.C. 9104, 
as may be necessary in carrying out the program, includ-
ing associated administrative expenses, through Sep-
tember 30, 2019, for the Corporation: Provided, That 
none of the funds available to the Corporation for fiscal 
year 2019 shall be available for obligations for administra-
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tive expenses in excess of $445,363,000: Provided further, 
That to the extent that the number of new plan partici-
pants in plans terminated by the Corporation exceeds 
100,000 in fiscal year 2019, an amount not to exceed an 
additional $9,200,000 shall be available through Sep-
tember 30, 2020, for obligation for administrative ex-
penses for every 20,000 additional terminated partici-
pants: Provided further, That obligations in excess of the 
amounts provided in this paragraph may be incurred for 
unforeseen and extraordinary pretermination expenses or 
extraordinary multiemployer program related expenses 
after approval by the Office of Management and Budget 
and notification of the Committees on Appropriations of 
the House of Representatives and the Senate. 
WAGE AND HOUR DIVISION 
SALARIES AND EXPENSES 
For necessary expenses for the Wage and Hour Divi-
sion, including reimbursement to State, Federal, and local 
agencies and their employees for inspection services ren-
dered, $225,500,000. 
OFFICE OF LABOR-MANAGEMENT STANDARDS 
SALARIES AND EXPENSES 
For necessary expenses for the Office of Labor-Man-
agement Standards, $42,187,000. 
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OFFICE OF FEDERAL CONTRACT COMPLIANCE 
PROGRAMS 
SALARIES AND EXPENSES 
For necessary expenses for the Office of Federal Con-
tract Compliance Programs, $99,476,000. 
OFFICE OF WORKERS’ COMPENSATION PROGRAMS 
SALARIES AND EXPENSES 
For necessary expenses for the Office of Workers’ 
Compensation Programs, $115,424,000, together with 
$2,177,000 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. 
SPECIAL BENEFITS 
(INCLUDING TRANSFER OF FUNDS) 
For the payment of compensation, benefits, and ex-
penses (except administrative expenses) accruing during 
the current or any prior fiscal year authorized by 5 U.S.C. 
81; continuation of benefits as provided for under the 
heading ‘‘Civilian War Benefits’’ in the Federal Security 
Agency Appropriation Act, 1947; the Employees’ Com-
pensation Commission Appropriation Act, 1944; section 
5(f) of the War Claims Act (50 U.S.C. App. 2012); obliga-
tions incurred under the War Hazards Compensation Act 
(42 U.S.C. 1701 et seq.); and 50 percent of the additional 
compensation and benefits required by section 10(h) of the 
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Longshore and Harbor Workers’ Compensation Act, 
$230,000,000, together with such amounts as may be nec-
essary 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, 
for deposit into and to assume the attributes of the Em-
ployees’ Compensation Fund established under 5 U.S.C. 
8147(a): Provided, That amounts appropriated may be 
used under 5 U.S.C. 8104 by the Secretary to reimburse 
an employer, who is not the employer at the time of injury, 
for portions of the salary of a re-employed, disabled bene-
ficiary: Provided further, That balances of reimbursements 
unobligated on September 30, 2018, 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 5 U.S.C. 8147(c) 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 Sep-
tember 30, 2019: 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’ 
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Compensation Act, $74,777,000 shall be made available 
to the Secretary as follows: 
(1) For enhancement and maintenance of auto-
mated data processing systems operations and tele-
communications systems, $24,540,000; 
(2) For automated workload processing oper-
ations, including document imaging, centralized mail 
intake, and medical bill processing, $22,968,000; 
(3) For periodic roll disability management and 
medical review, $25,535,000; 
(4) For program integrity, $1,734,000; 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 5 U.S.C. 81, or the Longshore and Harbor Work-
ers’ Compensation Act, provide as part of such notice and 
claim, such identifying information (including Social Secu-
rity 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, $10,319,000, to remain available until expended. 
For making after July 31 of the current fiscal year, 
benefit payments to individuals under title IV of such Act, 
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for costs incurred in the current fiscal year, such amounts 
as may be necessary. 
For making benefit payments under title IV for the 
first quarter of fiscal year 2020, $14,000,000, to remain 
available until expended. 
ADMINISTRATIVE EXPENSES, ENERGY EMPLOYEES 
OCCUPATIONAL ILLNESS COMPENSATION FUND 
For necessary expenses to administer the Energy 
Employees Occupational Illness Compensation Program 
Act, $59,098,000, to remain available until expended: Pro-
vided, That the Secretary may require that any person fil-
ing a claim for benefits under the Act provide as part of 
such claim such identifying information (including Social 
Security account number) as may be prescribed. 
BLACK LUNG DISABILITY TRUST FUND 
(INCLUDING TRANSFER OF FUNDS) 
Such sums as may be necessary from the Black Lung 
Disability Trust Fund (the ‘‘Fund’’), to remain available 
until expended, for payment of all benefits authorized by 
section 9501(d)(1), (2), (6), and (7) of the Internal Rev-
enue Code of 1986; and repayment of, and payment of 
interest on advances, as authorized by section 9501(d)(4) 
of that Act. In addition, the following amounts may be 
expended from the Fund for fiscal year 2019 for expenses 
of operation and administration of the Black Lung Bene-
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fits program, as authorized by section 9501(d)(5): not to 
exceed $38,246,000 for transfer to the Office of Workers’ 
Compensation Programs, ‘‘Salaries and Expenses’’; not to 
exceed $31,994,000 for transfer to Departmental Manage-
ment, ‘‘Salaries and Expenses’’; not to exceed $330,000 
for transfer to Departmental Management, ‘‘Office of In-
spector General’’; and not to exceed $356,000 for pay-
ments into miscellaneous receipts for the expenses of the 
Department of the Treasury. 
OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION 
SALARIES AND EXPENSES 
For necessary expenses for the Occupational Safety 
and Health Administration, $545,250,000, including not 
to exceed $100,850,000 which shall be the maximum 
amount available for grants to States under section 23(g) 
of the Occupational Safety and Health Act (the ‘‘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 Act; and, in addition, notwith-
standing 31 U.S.C. 3302, the Occupational Safety and 
Health Administration may retain up to $499,000 per fis-
cal year of training institute course tuition and fees, other-
wise authorized by law to be collected, and may utilize 
such sums for occupational safety and health training and 
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education: Provided, That notwithstanding 31 U.S.C. 
3302, the Secretary is authorized, during the fiscal year 
ending September 30, 2019, to collect and retain fees for 
services provided to Nationally Recognized Testing Lab-
oratories, and may utilize such sums, in accordance with 
the provisions of 29 U.S.C. 9a, to administer national and 
international laboratory recognition programs 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 fur-
ther, 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 a Days Away, Re-
stricted, or Transferred (‘‘DART’’) occupational injury 
and illness rate, at the most precise industrial classifica-
tion code for which such data are published, less than the 
national average rate as such rates are most recently pub-
lished by the Secretary, acting through the Bureau of 
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