H. R. 4818—310
For making benefit payments under title IV for the first quarter
of fiscal year 2006, $81,000,000, to remain available until expended.
ADMINISTRATIVE EXPENSES, ENERGY EMPLOYEES OCCUPATIONAL
ILLNESS COMPENSATION FUND
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Act, $40,821,000, to remain
available until expended: Provided, That the Secretary of Labor
is authorized to transfer to any executive agency with authority
under the Energy Employees Occupational Illness Compensation
Act, including within the Department of Labor, such sums as may
be necessary in fiscal year 2005 to carry out those authorities:
Provided further, That the Secretary may require that any person
filing 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)
In fiscal year 2005 and thereafter, such sums as may be nec-
essary from the Black Lung Disability Trust Fund, to remain avail-
able 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 2005 for expenses
of operation and administration of the Black Lung Benefits program,
as authorized by section 9501(d)(5): $32,646,000 for transfer to
the 
Employment 
Standards 
Administration 
‘‘Salaries 
and
Expenses’’; $23,705,000 for transfer to Departmental Management,
‘‘Salaries and Expenses’’; $342,000 for transfer to Departmental
Management, ‘‘Office of Inspector General’’; and $356,000 for pay-
ments into miscellaneous receipts for the expenses of the Depart-
ment of the Treasury.
OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses for the Occupational Safety and Health
Administration, $468,109,000, including not to exceed $91,747,000
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, 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, 2005, to collect and retain fees for services provided
H. R. 4818—311
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 a Days Away, Restricted, or
Transferred (DART) occupational injury and illness rate, at the
most precise 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
(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, 2005 to September 30,
2006, provided that a grantee has demonstrated satisfactory
performance: Provided further, That none of the funds appropriated
under this paragraph shall be obligated or expended to administer
or enforce the provisions of 29 CFR 1910.134(f)(2) (General Industry
Respiratory Protection Standard) to the extent that such provisions
require the annual fit testing (after the initial fit testing) of res-
pirators for occupational exposure to tuberculosis.
H. R. 4818—312
MINE SAFETY AND HEALTH ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses for the Mine Safety and Health
Administration, $281,535,000, 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 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, otherwise 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 pri-
vate 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 pro-
grams 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, $455,045,000,
together with not to exceed $78,473,000, 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,
$47,555,000.
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