H. R. 2673—226
STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT SERVICE
OPERATIONS
For authorized administrative expenses, $142,520,000, together
with not to exceed $3,466,861,000 (including not to exceed
$1,228,000 which may be used for amortization payments to States
which had independent retirement plans in their State employment
service agencies prior to 1980), which may be expended from the
Employment Security Administration Account in the Unemploy-
ment Trust Fund including the cost of administering section 51
of the Internal Revenue Code of 1986, as amended, section 7(d)
of the Wagner-Peyser Act, as amended, the Trade Act of 1974,
as amended, the Immigration Act of 1990, and the Immigration
and Nationality Act, as amended, 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 avail-
able in the allocation for necessary administrative expenses for
carrying out 5 U.S.C. 8501–8523, shall be available for obligation
by the States through December 31, 2004, except that funds used
for automation acquisitions shall be available for obligation by
the States through September 30, 2006; of which $142,520,000,
together with not to exceed $768,257,000 of the amount which
may be expended from said trust fund, shall be available for obliga-
tion for the period July 1, 2004 through June 30, 2005, to fund
activities under the Act of June 6, 1933, as amended, including
the cost of penalty mail authorized under 39 U.S.C. 3202(a)(1)(E)
made available to States in lieu of allotments for such purpose:
Provided, That to the extent that the Average Weekly Insured
Unemployment (AWIU) for fiscal year 2004 is projected by the
Department of Labor to exceed 3,227,000, an additional $28,600,000
shall be available for obligation for every 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 Unemployment Trust Fund: Provided further, That
funds appropriated in this Act which are used to establish a national
one-stop career center system, or which are used to support the
national activities of the Federal-State unemployment insurance
or immigration programs, 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, notwith-
standing 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 Unemploy-
ment Trust Fund as authorized by section 8509 of title 5, United
States Code, and to the ‘‘Federal unemployment benefits and allow-
ances’’ account, to remain available until September 30, 2005,
$467,000,000.
H. R. 2673—227
In addition, for making repayable advances to the Black Lung
Disability Trust Fund in the current fiscal year after September
15, 2004, 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 training pro-
grams, $115,824,000, including $2,393,000 to administer welfare-
to-work grants, together with not to exceed $57,820,000, which
may be expended from the Employment Security Administration
Account in the Unemployment Trust Fund.
EMPLOYEE BENEFITS SECURITY ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses for the Employee Benefits Security
Administration, $124,962,000.
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, including
associated administrative expenses, through September 30, 2004
for such Corporation: Provided, That none of the funds available
to the Corporation for fiscal year 2004 shall be available for obliga-
tions for administrative expenses in excess of $228,772,000: Pro-
vided further, That obligations in excess of such amount may be
incurred after approval by the Office of Management and Budget
and the Committees on Appropriations of the House and Senate.
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,
$392,872,000, together with $2,036,000 which may be expended
from the Special Fund in accordance with sections 39(c), 44(d)
and 44(j) of the Longshore and Harbor Workers’ Compensation
Act: Provided, That $1,250,000 shall be for the development of
an alternative system for the electronic submission of reports
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
H. R. 2673—228
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 proc-
essing 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
heading ‘‘Civilian War Benefits’’ in the Federal Security Agency
Appropriation Act, 1947; the Employees’ Compensation Commission
Appropriation Act, 1944; 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,
$163,000,000, 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 of Labor 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 reimbursements unobligated on September 30, 2003, 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
determines to be the cost of administration for employees of such
fair share entities through September 30, 2004: Provided further,
That of those funds transferred to this account from the fair share
entities to pay the cost of administration of the Federal Employees’
Compensation Act, $39,315,000 shall be made available to the Sec-
retary as follows: (1) for enhancement and maintenance of auto-
mated data processing systems and telecommunications systems,
$11,618,000; (2) for automated workload processing operations,
including document imaging, centralized mail intake and medical
bill processing, $14,496,000; (3) for periodic roll management and
medical review, $13,201,000; and (4) the remaining funds shall
be paid into the Treasury as miscellaneous receipts: Provided fur-
ther, 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.
H. R. 2673—229
SPECIAL BENEFITS FOR DISABLED COAL MINERS
For carrying out title IV of the Federal Mine Safety and Health
Act of 1977, as amended by Public Law 107–275, (the ‘‘Act’’),
$300,000,000, to remain available until expended.
For making after July 31 of the current fiscal year, benefit
payments to individuals under title IV of the Act, for costs incurred
in the current fiscal year, such amounts as may be necessary.
For making benefit payments under title IV for the first quarter
of fiscal year 2005, $88,000,000, 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, $55,074,000, 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 2004 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 2004 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
2004 for expenses of operation and administration of the Black
Lung Benefits program, as authorized by section 9501(d)(5):
$32,004,000 for transfer to the Employment Standards Administra-
tion, ‘‘Salaries and Expenses’’; $23,401,000 for transfer to Depart-
mental Management, ‘‘Salaries and Expenses’’; $338,000 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, $460,786,000, including not to exceed $92,505,000
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