H. R. 2264—6
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, 1998, for such Corporation: Provided, That not to
exceed $10,433,000 shall be available for administrative expenses
of the Corporation: Provided further, That expenses of such Corpora-
tion 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,
$299,660,000, together with $993,000 which may be expended from
the Special Fund in accordance with sections 39(c) and 44(j) of
the Longshore and Harbor Workers’ Compensation Act: Provided,
That $500,000 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
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head ‘‘Civilian War Benefits’’ in the Federal Security Agency Appro-
priation Act, 1947; the Employees’ Compensation Commission
Appropriation Act, 1944; and 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,
$201,000,000 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 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 reimburse-
ments unobligated on September 30, 1997, shall remain available
until expended for the payment of compensation, benefits, and
expenses: Provided further, That in addition there shall be trans-
ferred 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 of Labor
determines to be the cost of administration for employees of such
fair share entities through September 30, 1998: Provided further,
That of those funds transferred to this account from the fair share
entities to pay the cost of administration, $7,269,000 shall be made
available to the Secretary of Labor for expenditures relating to
capital improvements in support of Federal Employees’ Compensa-
tion Act administration, and the balance of such 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)
For payments from the Black Lung Disability Trust Fund,
$1,007,000,000, of which $960,650,000 shall be available until
September 30, 1999, 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 $26,147,000 shall
be available for transfer to Employment Standards Administration,
Salaries and Expenses, $19,551,000 for transfer to Departmental
Management, Salaries and Expenses, $296,000 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.
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OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses for the Occupational Safety and Health
Administration, $336,480,000, including not to exceed $77,941,000
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 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 Secretary of Labor is author-
ized, during the fiscal year ending September 30, 1998, to collect
and retain fees for services provided to Nationally Recognized Test-
ing Laboratories, and may utilize such sums, in accordance with
the provisions of 29 U.S.C. 9a, to administer national and inter-
national 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, admin-
ister, or enforce any standard, rule, regulation, or order under
the Occupational Safety and Health Act of 1970 which is applicable
to any person who is engaged in a farming operation which does
not maintain a temporary labor camp and employs ten 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 Occupa-
tional Safety and Health Act of 1970 with respect to any employer
of ten or fewer employees who is included within a category having
an occupational injury lost workday 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 accordance 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
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(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 ten or fewer employees.
MINE SAFETY AND HEALTH ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses for the Mine Safety and Health
Administration, $203,334,000, including purchase and bestowal of
certificates and trophies in connection with mine rescue and first-
aid work, and the hire of passenger motor vehicles; the Secretary
is authorized to accept lands, buildings, equipment, and other con-
tributions from public and private sources and to prosecute projects
in cooperation with other agencies, Federal, 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: Provided, That none of the funds appropriated under this
paragraph shall be obligated or expended to carry out section 115
of the Federal Mine Safety and Health Act of 1977 or to carry
out that portion of section 104(g)(1) of such Act relating to the
enforcement of any training requirements, with respect to shell
dredging, or with respect to any sand, gravel, surface stone, surface
clay, colloidal phosphate, or surface limestone mine.
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, $327,609,000,
of which $15,430,000 shall be for expenses of revising the Consumer
Price Index and shall remain available until September 30, 1999,
together with not to exceed $52,848,000, which may be expended
from the Employment Security Administration account in the
Unemployment Trust Fund.
DEPARTMENTAL MANAGEMENT
SALARIES AND EXPENSES
For necessary expenses for Departmental Management, includ-
ing the hire of three sedans, and including up to $4,421,000 for
the President’s Committee on Employment of People With Disabil-
ities, $152,253,000; together with not to exceed $282,000, 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