H. J. Res. 2—293
be necessary in fiscal year 2003 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)
Beginning in fiscal year 2003 and thereafter, such sums as
may be necessary from the Black Lung Disability Trust Fund,
to remain available 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
2003 for expenses of operation and administration of the Black
Lung Benefits program, as authorized by section 9501(d)(5):
$31,987,000 for transfer to the Employment Standards Administra-
tion, ‘‘Salaries and Expenses’’; $22,952,000 for transfer to Depart-
mental Management, ‘‘Salaries and Expenses’’; $334,000 for transfer
to Departmental Management, ‘‘Office of Inspector General’’; and
$356,000 for payments 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, $453,256,000, including not to exceed $91,139,000
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, 2003, to collect and retain fees for services provided
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
H. J. Res. 2—294
with respect to any employer of 10 or fewer employees who is
included within a category having an occupational injury lost work-
day 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 accord-
ance 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, 2003 to September 30,
2004, provided that a grantee has demonstrated satisfactory
performance.
MINE SAFETY AND HEALTH ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses for the Mine Safety and Health
Administration, $274,741,000, 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
$3,000,000 for an award to the National Technology Transfer Center
for a coal slurry impoundment pilot project in Southern West Vir-
ginia; including up to $2,000,000 for mine rescue and recovery
activities; and including $10,000,000 for digitizing mine maps and
developing technologies to detect mine voids, through contracts,
grants, or other arrangements, to remain available until expended;
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
H. J. Res. 2—295
up to $1,000,000 from fees collected for the approval and certifi-
cation 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 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.
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, $415,855,000,
together with not to exceed $72,029,000, which may be expended
from the Employment Security Administration Account in the
Unemployment Trust Fund; and $2,570,000 which shall be available
for obligation for the period July 1, 2003 through September 30,
2003, for Occupational Employment Statistics, and $5,000,000 to
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,
$47,487,000.
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
International Labor Affairs, including bilateral and multilateral
technical assistance and other international labor activities, of
which the funds designated to carry out bilateral assistance under
the international child labor initiative shall be available for obliga-
tion through September 30, 2004, and $55,000,000, for the acquisi-
tion of Departmental information technology, architecture, infra-
structure, equipment, software and related needs which will be
allocated by the Department’s Chief Information Officer in accord-
ance with the Department’s capital investment management process
to assure a sound investment strategy; $390,069,000; together with
not to exceed $310,000, which may be expended from the Employ-
ment Security Administration Account in the Unemployment Trust
H. J. Res. 2—296
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 U.S.C. 921) where such
participation is precluded by the decision of the United States
Supreme Court in Director, Office of Workers’ Compensation Pro-
grams v. Newport News Shipbuilding, 115 S. Ct. 1278 (1995), not-
withstanding any provisions to the contrary contained in Rule 15
of the Federal Rules of Appellate Procedure: Provided further, That
no funds made available by this Act may be used by the Secretary
of Labor to review a decision under the Longshore and Harbor
Workers’ Compensation Act (33 U.S.C. 901 et seq.) that has been
appealed and that has been pending before the Benefits Review
Board for more than 12 months: Provided further, That any such
decision pending a review by the Benefits Review Board for more
than 1 year shall be considered affirmed by the Benefits Review
Board on the 1-year anniversary of the filing of the appeal, and
shall be considered the final order of the Board for purposes of
obtaining a review in the United States courts of appeals: Provided
further, That these provisions shall not be applicable to the review
or appeal of any decision issued under the Black Lung Benefits
Act (30 U.S.C. 901 et seq.).
VETERANS EMPLOYMENT AND TRAINING
Not to exceed $188,537,000 may be derived from the Employ-
ment Security Administration Account in the Unemployment Trust
Fund to carry out the provisions of 38 U.S.C. 4100–4110A, 4212,
4214, and 4321–4327, and Public Law 103–353, and which shall
be available for obligation by the States through December 31,
2003. To carry out the Stewart B. McKinney Homeless Assistance
Act and section 168 of the Workforce Investment Act of 1998,
$25,675,000, of which $7,425,000 shall be available for obligation
for the period July 1, 2003 through June 30, 2004.
OFFICE OF INSPECTOR GENERAL
For salaries and expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, as amended, $56,659,000, together with not to exceed
$5,597,000, which may be expended from the Employment Security
Administration Account in the Unemployment Trust Fund.
GENERAL PROVISIONS
SEC. 101. None of the funds appropriated in this title for
the Job Corps shall be used to pay the compensation of an indi-
vidual, either as direct costs or any proration as an indirect cost,
at a rate in excess of Executive Level II.
(TRANSFER OF FUNDS)
SEC. 102. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended) which are appropriated for the current
fiscal year for the Department of Labor in this Act may be trans-
ferred between appropriations, but no such appropriation shall be
increased by more than 3 percent by any such transfer: Provided,