IIA
104TH CONGRESS
1ST SESSION
H. R. 2127
IN THE SENATE OF THE UNITED STATES
AUGUST 7 (legislative day, JULY 10), 1995
Received; read twice and referred to the Committee on Appropriations
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, 1996,
and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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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, 1996, and for other purposes, namely:
TITLE I—DEPARTMENT OF LABOR
EMPLOYMENT AND TRAINING ADMINISTRATION
TRAINING AND EMPLOYMENT SERVICES
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; the Women in Appren-
ticeship and Nontraditional Occupations Act; National
Skill Standards Act of 1994; and the School-to-Work Op-
portunities Act; $3,180,441,000 plus reimbursements, of
which $2,936,154,000 is available for obligation for the
period July 1, 1996 through June 30, 1997; of which
$148,535,000 is available for the period July 1, 1996
through June 30, 1999 for necessary expenses of construc-
tion, rehabilitation, and acquisition of Job Corps centers;
and of which $95,000,000 shall be available from July 1,
1996 through September 30, 1997, for carrying out activi-
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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 section
221(a) of the Immigration Act of 1990, $125,328,000, to-
gether with not to exceed $3,107,404,000 (including not
to exceed $1,653,000 which may be used for amortization
payments to States which had independent retirement
plans in their State employment service agencies prior to
1980, and including not to exceed $2,000,000 which may
be obligated in contracts with non-State entities for activi-
ties such as occupational and test research activities which
benefit the Federal-State Employment Service System),
which may be expended from the Employment Security
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Administration account in the Unemployment Trust
Fund, and of which the sums available 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 necessary administrative ex-
penses for carrying out 5 U.S.C. 8501–8523, shall be
available for obligation by the States through December
31, 1996, except that funds used for automation acquisi-
tions shall be available for obligation by States through
September 30, 1998; and of which $125,328,000, together
with not to exceed $738,283,000 of the amount which may
be expended from said trust fund shall be available for
obligation for the period July 1, 1996, through June 30,
1997, to fund activities under the Act of June 6, 1933,
as amended, including the cost of penalty mail made avail-
able to States in lieu of allotments for such purpose, and
of which $216,333,000 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 Insured Unemploy-
ment (AWIU) for fiscal year 1996 is projected by the De-
partment of Labor to exceed 2.785 million, an additional
$28,600,000 shall be available for obligation for every
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100,000 increase in the AWIU level (including a pro rata
amount for any increment less than 100,000) from the
Employment Security Administration Account of the Un-
employment Trust Fund: Provided further, That funds ap-
propriated in this Act which are used to establish a na-
tional one-stop career center network may be obligated 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, not-
withstanding 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
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
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unemployment benefits and allowances’’ account, to re-
main available until September 30, 1997, $369,000,000.
In addition, for making repayable advances to the
Black Lung Disability Trust Fund in the current fiscal
year after September 15, 1996, for costs incurred by the
Black Lung Disability Trust Fund in the current fiscal
year, such sums as may be necessary.
PROGRAM ADMINISTRATION
For expenses of administering employment and train-
ing programs and for carrying out section 908 of the So-
cial Security Act, $83,505,000, together with not to ex-
ceed $40,974,000, which may be expended from the Em-
ployment Security Administration account in the Unem-
ployment Trust Fund.
PENSION AND WELFARE BENEFITS ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses for Pension and Welfare Ben-
efits Administration, $64,113,000.
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
such contracts and commitments without regard to fiscal
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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, 1996, for such Corporation: Pro-
vided, That not to exceed $10,603,000 shall be available
for administrative expenses of the Corporation: Provided
further, That expenses of such Corporation in connection
with the collection of premiums, the termination of pen-
sion plans, for the acquisition, protection or management,
and investment of trust assets, and for benefits adminis-
tration 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 Stand-
ards Administration, including reimbursement to State,
Federal, and local agencies and their employees for inspec-
tion services rendered, $246,967,000, together with
$978,000 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: Pro-
vided, That the Secretary of Labor is authorized to accept,
retain, and spend, until expended, in the name of the De-
partment of Labor, all sums of money ordered to be paid
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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 fur-
ther, That the Secretary of Labor is authorized to estab-
lish 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 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-
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quired by section 10(h) of the Longshore and Harbor
Workers’ Compensation Act, as amended, $218,000,000
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 under sec-
tion 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 re-
imbursements unobligated on September 30, 1995, shall
remain available until expended for the payment of com-
pensation, 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 determines to be the cost of administration for
employees of such fair share entities through September
30, 1996: Provided further, That of those funds trans-
ferred to this account from the fair share entities to pay
the cost of administration, $11,383,000 shall be made
available to the Secretary of Labor for expenditures relat-
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ing to capital improvements in support of Federal Employ-
ees’ Compensation Act administration, and the balance of
such funds shall be paid into the Treasury as miscellane-
ous receipts: Provided further, That the Secretary may re-
quire that any person filing a notice of injury or a claim
for benefits under Subchapter 5, U.S.C., chapter 81, or
under subchapter 33, U.S.C. 901, et seq. (the Longshore
and Harbor Workers’ Compensation Act, as amended),
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, $995,447,000, of which $949,494,000 shall be
available until September 30, 1997, 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 $26,045,000 shall
be available for transfer to Employment Standards Ad-
ministration, Salaries and Expenses, and $19,621,000 for
transfer to Departmental Management, Salaries and Ex-
penses, and $287,000 for transfer to Departmental Man-
agement, Office of Inspector General, for expenses of oper-
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ation and administration of the Black Lung Benefits pro-
gram as authorized by section 9501(d)(5)(A) of that Act:
Provided, That in addition, such amounts as may be nec-
essary may be charged to the subsequent year appropria-
tion for the payment of compensation, interest, or other
benefits for any period subsequent to August 15 of the
current year: Provided further, That in addition such
amounts shall be paid from this fund into miscellaneous
receipts as the Secretary of the Treasury determines to
be the administrative expenses of the Department of the
Treasury for administering the fund during the current
fiscal year, as authorized by section 9501(d)(5)(B) of that
Act.
OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses for the Occupational Safety
and Health Administration, $263,985,000 including not
to exceed $65,319,000 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 fifty percent of the costs of State
occupational safety and health programs required to be
incurred under plans approved by the Secretary under sec-
tion 18 of the Occupational Safety and Health Act of
1970; and, in addition, notwithstanding 31 U.S.C. 3302,
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the Occupational Safety and Health Administration may
retain up to $500,000 per fiscal year of training institute
course tuition fees, otherwise authorized by law to be col-
lected, and may utilize such sums for occupational safety
and health training and education grants: Provided, 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 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 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 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 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
Labor Statistics, in accordance with section 24 of that Act
(29 U.S.C. 673), except—
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(1) to provide, as authorized by such Act, con-
sultation, technical assistance, educational and train-
ing services, and to conduct surveys and studies;
(2) to conduct an inspection or investigation in
response to an employee complaint, to issue a cita-
tion for violations found during such inspection, and
to assess a penalty for violations which are not cor-
rected 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 re-
sults in hospitalization of two or more employees,
and to take any action pursuant to such investiga-
tion 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
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which does not maintain a temporary labor camp and em-
ploys ten or fewer employees.
MINE SAFETY AND HEALTH ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses for the Mine Safety and
Health Administration, $185,154,000, including purchase
and bestowal of certificates and trophies in connection
with mine rescue and first-aid work, and the hire of pas-
senger motor vehicles; the Secretary is authorized to ac-
cept lands, buildings, equipment, and other contributions
from public and private sources and to prosecute projects
in cooperation with other agencies, Federal, State, or pri-
vate; the Mine Safety and Health Administration is au-
thorized to promote health and safety education and train-
ing 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: Provided, That none of the funds appro-
priated under this paragraph shall be obligated or ex-
pended to carry out section 115 of the Federal Mine Safe-
ty and Health Act of 1977 or to carry out that portion
of section 104(g)(1) of such Act relating to the enforce-
ment of any training requirements, with respect to shell