Calendar No. 527
103D CONGRESS
2D SESSION
H. R. 4606
[Report No. 103–318]
AN ACT
Making appropriations for the Departments of
Labor, Health and Human Services, and Edu-
cation, and related agencies, for the fiscal year
ending September 30, 1995, and for other pur-
poses.
JUNE 30 (legislative day, JUNE 7), 1994
Received; read twice and referred to the Committee on
Appropriations
JULY 20, 1994
Reported with amendments
II
Calendar No. 527
103D CONGRESS
2D SESSION
H. R. 4606
[Report No. 103–318]
Making appropriations for the Departments of Labor, Health and Human
Services, and Education, and related agencies, for the fiscal year ending
September 30, 1995, and for other purposes.
IN THE SENATE OF THE UNITED STATES
JUNE 30 (legislative day, JUNE 7), 1994
Received; read twice and referred to the Committee on Appropriations
JULY 20, 1994
Reported by Mr. HARKIN, with amendments
[Omit the part struck through and insert the part printed in italic]
AN ACT
Making appropriations for the Departments of Labor, Health
and Human Services, and Education, and related agen-
cies, for the fiscal year ending September 30, 1995,
and for other purposes.
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
HR 4606 RS
Departments of Labor, Health and Human Services, and
Education, and related agencies for the fiscal year ending
September 30, 1995, and for other purposes, namely:
TITLE I—DEPARTMENT OF LABOR
EMPLOYMENT AND TRAINING ADMINISTRATION
PROGRAM ADMINISTRATION
For expenses of administering employment and train-
ing programs and for carrying out section 908 of the So-
cial Security Act, $90,276,000, together with not to ex-
ceed $45,073,000, which may be expended from the Em-
ployment Security Administration account in the Unem-
ployment Trust Fund.
TRAINING AND EMPLOYMENT SERVICES
(INCLUDING RESCISSION)
For expenses necessary to carry into effect the Job
Training Partnership Act, as amended, including the pur-
chase and hire of passenger motor vehicles, the construc-
tion, alteration, and repair of buildings and other facili-
ties, and the purchase of real property for training centers
as authorized by the Job Training Partnership Act; title
II of the Civil Rights Act of 1991; title XV, part A of
Public Law 102–325; title VII, subtitle C of the Stewart
B. McKinney Homeless Assistance Act; the Women in Ap-
prenticeship and Nontraditional Occupations Act; Goals
2000: Educate America Act; and the School-to-Work Op-
portunities Act; $5,524,991,000 $5,468,217,000 plus reim-
HR 4606 RS
bursements, of which $5,035,179,000 $5,049,267,000 is
available for obligation for the period July 1, 1995
through June 30, 1996; of which $150,000,000
$126,556,000 is available for the period July 1, 1995
through June 30, 1998 for necessary expenses of construc-
tion, rehabilitation, and acquisition of Job Corps centers,
including
$51,254,000
for
new
centers;
of
which
$184,788,000 shall be available for the period October 1,
1994 through June 30, 1995; and of which $140,000,000
$100,000,000 shall be available for obligation from July
1, 1995 through September 30, 1996, for carrying out ac-
tivities of the School-to-Work Opportunities Act: Provided,
That $63,666,000 $64,218,000 shall be for carrying out
section 401 of the Job Training Partnership Act,
$84,841,000 $86,000,000 shall be for carrying out section
402 of such Act, $8,880,000 shall be for carrying out sec-
tion 441 of such Act, $1,500,000 $2,223,000 shall be for
the National Commission for Employment Policy,
$5,579,000 $6,000,000 shall be for all activities conducted
by and through the National Occupational Information
Coordinating Committee under such Act, $3,861,000 shall
be 
for 
service 
delivery 
areas 
under 
section
101(a)(4)(A)(iii) of such Act in addition to amounts other-
wise provided under sections 202, 252 and 262 of the Act,
$1,044,813,000 $1,064,813,000 shall be for carrying out
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title II, part A of such Act, and $598,682,000 shall be
for carrying out title II, part C of such Act: Provided fur-
ther, That no funds from any other appropriation shall
be used to provide meal services at or for Job Corps cen-
ters: Provided further, That funds used from this Act to
carry out title III of the Job Training Partnership Act shall
not be subject to the limitation contained in subsection (b)
of section 315 of such Act; that the waiver allowing a reduc-
tion in the cost limitation relating to retraining services
described in subsection (a)(2) of such section 315 may be
granted with respect to funds used from this Act if a sub-
state grantee demonstrates to the Governor that such waiver
is appropriate due to the availability of low-cost retraining
services, is necessary to facilitate the provision of needs-re-
lated payments to accompany long-term training, or is nec-
essary to facilitate the provision of appropriate basic read-
justment services; and that funds used from this Act to
carry out the Secretary’s discretionary grants under part
B of such title III may be used to provide needs-related pay-
ments to participants who, in lieu of meeting the require-
ments relating to enrollment in training under section
314(e) of such Act, are enrolled in training by the end of
the sixth week after grant funds have been awarded.
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Of the amounts made available in fiscal year 1994
under the Job Training Partnership Act, title II–C,
$50,000,000 are hereby rescinded.
COMMUNITY SERVICE EMPLOYMENT FOR OLDER
AMERICANS
To carry out the activities for national grants or con-
tracts 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,
$320,190,000.
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, $90,310,000.
FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES
For payments during the current fiscal year of bene-
fits and payments as authorized by title II of Public Law
95–250, as amended, and of trade adjustment benefit pay-
ments and allowances under part I, and for training, for
allowances for job search and relocation, and for related
State administrative expenses under part II, subchapters
B and D, chapter 2, title II of the Trade Act of 1974,
as amended, $274,400,000 together with such amounts as
may be necessary to be charged to the subsequent appro-
priation for payments for any period subsequent to Sep-
tember 15 of the current year.
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STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT
SERVICE OPERATIONS
For activities authorized by the Act of June 6, 1933,
as 
amended 
(29 
U.S.C. 
49–49l–1; 
U.S.C.
3202(a)(1)(E)); title III of the Social Security Act, as
amended (42 U.S.C. 502–504); necessary administrative
expenses for carrying out 5 U.S.C. 8501–8523, and sec-
tions 225, 231–235, 243–244, and 250(d)(1), 250(d)(3),
title II of the Trade Act of 1974, as amended; as author-
ized by section 7c of the Act of June 6, 1933, as amended,
necessary 
administrative 
expenses 
under 
sections
101(a)(15)(H), 212(a)(5)(A), (m) (2) and (3), (n)(1), and
218(g) (1), (2), and (3), and 258(c) of the Immigration
and Nationality Act, as amended (8 U.S.C. 1101 et seq.);
necessary administrative expenses to carry out the Tar-
geted Jobs Tax Credit Program under section 51 of the
Internal Revenue Code of 1986, and section 221(a) of the
Immigration Act of 1990, $146,697,000 $147,351,000, to-
gether with not to exceed $3,269,013,000 $3,280,357,000
(including not to exceed $1,653,000 which may be used
for amortization payments to States which had independ-
ent retirement plans in their State employment service
agencies prior to 1980, and including not to exceed
$1,000,000 which may be obligated in contracts with non-
State entities for activities such as occupational and test
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research activities which benefit the Federal-State Em-
ployment Service System), which may be expended from
the Employment Security Administration account in the
Unemployment Trust Fund, and of which the sums avail-
able 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 nec-
essary administrative expenses for carrying out 5 U.S.C.
8501–8523, shall be available for obligation by the States
through December 31, 1995, except that funds used for
automation acquisitions shall be available for obligation by
States through September 30, 1997; and of which
$144,763,000 $145,417,000 together with not to exceed
$817,224,000 $821,803,000 of the amount which may be
expended from said trust fund shall be available for obliga-
tion for the period July 1, 1995, through June 30, 1996,
to fund activities under the Act of June 6, 1933, as
amended, including the cost of penalty mail made available
to States in lieu of allotments for such purpose, and of
which $232,437,000 $232,202,000 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 In-
HR 4606 RS
sured Unemployment (AWIU) for fiscal year 1995 is pro-
jected by the Department of Labor to exceed 2.772 mil-
lion, an additional $27,800,000 $30,000,000 shall be avail-
able for obligation for every 100,000 increase in the
AWIU level (including a pro rata amount for any incre-
ment less than 100,000) from the Employment Security
Administration Account of the Unemployment Trust
Fund: Provided further, That funds appropriated in this
Act and in Public Law 103–112 which are used to estab-
lish a national one-stop career center network may be obli-
gated 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
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Fund as authorized by section 8509 of title 5, United
States Code, and section 104(d) of Public Law 102–164,
and section 5 of Public Law 103–6, and to the ‘‘Federal
unemployment benefits and allowances’’ account, to re-
main available until September 30, 1996, $686,000,000.
In addition, for making repayable advances to the
Black Lung Disability Trust Fund in the current fiscal
year after September 15, 1995, for costs incurred by the
Black Lung Disability Trust Fund in the current fiscal
year, such sums as may be necessary.
OFFICE OF THE AMERICAN WORKPLACE
SALARIES AND EXPENSES
For necessary expenses for the Office of the Amer-
ican Workplace, $30,411,000 $32,225,000.
PENSION AND WELFARE BENEFITS ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses for Pension and Welfare Ben-
efits Administration, $66,388,000 $69,454,000.
PENSION BENEFIT GUARANTY CORPORATION
PENSION BENEFIT GUARANTY CORPORATION FUND
The Pension Benefit Guaranty Corporation is author-
ized to make such expenditures, including financial assist-
ance 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
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such contracts and commitments without regard to fiscal
year limitations as provided by section 104 of the Govern-
ment Corporation Control Act, as amended (31 U.S.C.
9104), as may be necessary in carrying out the program
through September 30, 1995, for such Corporation: Pro-
vided, That not to exceed $11,493,000 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 consid-
ered as non-administrative expenses for the purposes here-
of, and excluded from the above limitation.
EMPLOYMENT STANDARDS ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses for the Employment Stand-
ards Administration, including reimbursement to State,
Federal, and local agencies and their employees for inspec-
tion services rendered, $242,860,000 $248,667,000, to-
gether with $1,059,000 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 the Secretary of Labor is authorized to ac-
cept, retain, and spend, until expended, in the name of
the Department of Labor, all sums of money ordered to
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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): Pro-
vided further, That the Secretary of Labor is authorized
to establish and, in accordance with 31 U.S.C. 3302, col-
lect and deposit in the Treasury fees for processing appli-
cations 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 applica-
tions and issuing registrations under Title I of the Mi-
grant 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 ex-
penses (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 ben-
efits as provided for under the head ‘‘Civilian War Bene-
fits’’ in the Federal Security Agency Appropriation Act,
1947; the Employees’ Compensation Commission Appro-
priation Act, 1944; and sections 4(c) and 5(f) of the War
Claims Act of 1948 (50 U.S.C. App. 2012); and 50 per
centum of the additional compensation and benefits re-
quired by section 10(h) of the Longshore and Harbor
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Workers’ Compensation Act, as amended, $258,000,000
together with such amounts as may be necessary to be
charged to the subsequent year appropriation for the pay-
ment of compensation and other benefits for any period
subsequent to August 15 of the current year: Provided,
That such sums as are necessary may be used for a dem-
onstration project under section 8104 of title 5, United
States Code, in which the Secretary may reimburse an em-
ployer, who is not the employer at the time of injury, for
portions of the salary of a reemployed, disabled bene-
ficiary: Provided further, That balances of reimbursements
unobligated on September 30, 1994, 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 of Labor de-
termines to be the cost of administration for employees
of such fair share entities through September 30, 1995:
Provided further, That of those funds transferred to this
account from the fair share entities to pay the cost of ad-
ministration, $5,299,000 shall be made available to the
Secretary of Labor for expenditures relating to capital im-
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SEC. 101. DETERRENCE OF FRAUD AND ABUSE IN
THE
FEDERAL
EMPLOYEE’S
WORKER
COM-
PENSATION PROGRAM.
(a) IN GENERAL.—(1) Chapter 81 of title 5, United
States Code, is amended by inserting after section 8147 the
following new section:
‘‘§ 8148. Forfeiture of benefits by convicted felons
‘‘(a) Any individual convicted of a violation of section
1920 of title 18, or any other Federal or State criminal
statute relating to fraud in the application for a receipt
of any benefit under this subchapter or subchapter III of
this chapter, shall forfeit (as of the date of such conviction)
any entitlement to any benefit such individual would other-
wise be entitled to under this subchapter or subchapter III
for any injury occurring on or before the date of such con-
viction. Such forfeiture shall be in addition to any action
the Secretary may take under section 8106 or 8129.
‘‘(b)(1) Notwithstanding any other provision of this
chapter (except as provided under paragraph (3)), no bene-
fits under this subchapter or subchapter III of this chapter
shall be paid or provided to any individual during any
period during which such individual is confined in a jail,
prison, or other penal institution or correctional facility,
pursuant to that individual’s conviction of an offense that
constituted a felony under applicable law.