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HR 3043 EAS2
to support the national activities of the Federal-State un-
employment 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 title III of the Social
Security Act and the Wagner-Peyser Act may be used by
States to fund integrated Unemployment Insurance and
Employment Service automation efforts, notwithstanding
cost allocation principles prescribed under the Office of
Management and Budget Circular A–87.
In addition, $40,000,000 from the Employment Secu-
rity Administration Account of the Unemployment Trust
Fund shall be available to conduct in-person reemployment
and eligibility assessments in one-stop career centers of
claimants of unemployment insurance: Provided, That not
later than 180 days following the end of the current fiscal
year, the Secretary shall submit an interim report to the
Congress that includes available information on expendi-
tures, number of individuals assessed, and outcomes from
the assessments: Provided further, That not later than 18
months following the end of the fiscal year, the Secretary
of Labor shall submit to the Congress a final report con-
taining comprehensive information on the estimated sav-
ings that result from the assessments of claimants and iden-
tification of best practices.
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HR 3043 EAS2
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 So-
cial Security Act, and to the Black Lung Disability Trust
Fund as authorized by section 9501(c)(1) of the Internal
Revenue Code of 1954; and for nonrepayable advances to
the Unemployment Trust Fund as authorized by section
8509 of title 5, United States Code, and to the ‘‘Federal
unemployment benefits and allowances’’ account, to remain
available until September 30, 2009, $437,000,000.
In addition, for making repayable advances to the
Black Lung Disability Trust Fund in the current fiscal
year after September 15, 2008, 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, $88,451,000, together with not to exceed
$88,211,000, 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 Secu-
rity Administration, $142,925,000.
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HR 3043 EAS2
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 subtitle E of title IV of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 4201
et seq.), 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 (31 U.S.C. 9104), as
may be necessary in carrying out the program, including
associated administrative expenses, through September 30,
2008, for such Corporation: Provided, That none of the
funds available to the Corporation for fiscal year 2008 shall
be available for obligations for administrative expenses in
excess of $411,151,000: Provided further, That to the extent
that the number of new plan participants in plans termi-
nated by the Corporation exceeds 100,000 in fiscal year
2008, an amount not to exceed an additional $9,200,000
shall be available for obligation for administrative expenses
for every 20,000 additional terminated participants: Pro-
vided further, That an additional $50,000 shall be made
available for obligation for investment management fees for
every $25,000,000 in assets received by the Corporation as
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HR 3043 EAS2
a result of new plan terminations, after approval by the
Office of Management and Budget and notification of the
Committees on Appropriations of the House of Representa-
tives and the Senate.
EMPLOYMENT STANDARDS ADMINISTRATION
SALARIES AND EXPENSES
(INCLUDING RESCISSION)
For necessary expenses for the Employment Standards
Administration, including reimbursement to State, Federal,
and local agencies and their employees for inspection serv-
ices rendered, $435,397,000, together with $2,111,000 which
may be expended from the Special Fund in accordance with
sections 39(c), 44(d), and 44(j) of the Longshore and Har-
bor Workers’ Compensation Act: Provided, That the Sec-
retary of Labor is authorized to establish and, in accord-
ance with 31 U.S.C. 3302, collect and deposit in the Treas-
ury fees for processing applications and issuing certificates
under sections 11(d) and 14 of the Fair Labor Standards
Act of 1938 and for processing applications and issuing reg-
istrations under title I of the Migrant and Seasonal Agri-
cultural Worker Protection Act.
Of the unobligated funds collected pursuant to section
286(v) 
of 
the 
Immigration 
and 
Nationality 
Act,
$102,000,000 are rescinded.
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HR 3043 EAS2
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 chapter 81
of title 5, 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;
and 50 percent of the additional compensation and benefits
required by section 10(h) of the Longshore and Harbor
Workers’ Compensation Act, $203,000,000, together with
such amounts as may be necessary to be charged to the sub-
sequent year appropriation for the payment of compensa-
tion and other benefits for any period subsequent to August
15 of the current year: Provided, That amounts appro-
priated may be used under section 8104 of title 5, United
States Code, by the Secretary of Labor to reimburse an em-
ployer, 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 unobli-
gated on September 30, 2007, shall remain available until
expended for the payment of compensation, benefits, and ex-
penses: Provided further, That in addition there shall be
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HR 3043 EAS2
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 ad-
ministration for employees of such fair share entities
through September 30, 2008: 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, $52,280,000 shall be made available to
the Secretary as follows:
(1) For enhancement and maintenance of auto-
mated data processing systems and telecommuni-
cations systems, $21,855,000.
(2) For automated workload processing oper-
ations, including document imaging, centralized mail
intake and medical bill processing, $16,109,000.
(3) For periodic roll management and medical
review, $14,316,000.
(4) The remaining funds shall be paid into the
Treasury as miscellaneous receipts:
Provided further, 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 the Longshore
and Harbor Workers’ Compensation Act, provide as part
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HR 3043 EAS2
of such notice and claim, such identifying information (in-
cluding Social Security account number) as such regula-
tions may prescribe.
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, $208,221,000, to remain available until expended.
For making after July 31 of the current fiscal year,
benefit payments to individuals under title IV of such 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 2009, $62,000,000, to remain
available until expended.
ADMINISTRATIVE EXPENSES, ENERGY EMPLOYEES
OCCUPATIONAL ILLNESS COMPENSATION FUND
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to administer the Energy Em-
ployees Occupational Illness Compensation Program Act,
$104,745,000, to remain available until expended: Pro-
vided, That the Secretary of Labor is authorized to transfer
to any executive agency with authority under the Energy
Employees Occupational Illness Compensation Program
Act, including within the Department of Labor, such sums
as may be necessary in fiscal year 2008 to carry out those
authorities: Provided further, That the Secretary may re-
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HR 3043 EAS2
quire that any person filing a claim for benefits under the
Act provide as part of such claim, such identifying informa-
tion (including Social Security account number) as may
be prescribed: Provided further, That not later than 30 days
after enactment of this Act, in addition to other sums trans-
ferred by the Secretary to the National Institute for Occupa-
tional Safety and Health (‘‘NIOSH’’) for the administra-
tion of the Energy Employees Occupational Illness Com-
pensation Program (‘‘EEOICP’’), the Secretary shall trans-
fer $4,500,000 to NIOSH from the funds appropriated to
the Energy Employees Occupational Illness Compensation
Fund, for use by or in support of the Advisory Board on
Radiation and Worker Health (‘‘the Board’’) to carry out
its statutory responsibilities under the EEOICP, including
obtaining audits, technical assistance and other support
from the Board’s audit contractor with regard to radiation
dose estimation and reconstruction efforts, site profiles, pro-
cedures, and review of Special Exposure Cohort petitions
and evaluation reports.
BLACK LUNG DISABILITY TRUST FUND
(INCLUDING TRANSFER OF FUNDS)
In fiscal year 2008 and thereafter, such sums as may
be necessary from the Black Lung Disability Trust Fund,
to remain available until expended, for payment of all bene-
fits authorized by section 9501(d)(1), (2), (4), and (7) of
the Internal Revenue Code of 1954; and interest on ad-
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HR 3043 EAS2
vances, as authorized by section 9501(c)(2) of that Act. In
addition, the following amounts shall be available from the
Fund for fiscal year 2008 for expenses of operation and ad-
ministration of the Black Lung Benefits program, as au-
thorized by section 9501(d)(5): not to exceed $32,761,000
for transfer to the Employment Standards Administration
‘‘Salaries and Expenses’’; not to exceed $24,785,000 for
transfer to Departmental Management, ‘‘Salaries and Ex-
penses’’; not to exceed $335,000 for transfer to Depart-
mental Management, ‘‘Office of Inspector General’’; and not
to exceed $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, $500,568,000, including not to
exceed $91,093,000 which shall be the maximum amount
available for grants to States under section 23(g) of the Oc-
cupational Safety and Health Act (the ‘‘Act’’), which grants
shall be no less than 50 percent of the costs of State occupa-
tional safety and health programs required to be incurred
under plans approved by the Secretary of Labor under sec-
tion 18 of the Act; and, in addition, notwithstanding 31
U.S.C. 3302, the Occupational Safety and Health Adminis-
tration may retain up to $750,000 per fiscal year of train-
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HR 3043 EAS2
ing 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 Secretary is au-
thorized, during the fiscal year ending September 30, 2008,
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 rec-
ognition programs that ensure the safety of equipment and
products used by workers in the workplace: Provided fur-
ther, That none of the funds appropriated under this para-
graph shall be obligated or expended to prescribe, issue, ad-
minister, or enforce any standard, rule, regulation, or order
under the Act which is applicable to any person who is en-
gaged 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
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HR 3043 EAS2
average rate as such rates are most recently published by
the Secretary, acting through the Bureau of Labor Statis-
tics, in accordance with section 24 of the Act, except—
(1) to provide, as authorized by the 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 citation
for violations found during such inspection, and to
assess a penalty for violations which are not corrected
within a reasonable abatement period and for any
willful violations found;
(3) to take any action authorized by the Act with
respect to imminent dangers;
(4) to take any action authorized by the Act with
respect to health hazards;
(5) to take any action authorized by the 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 the Act; and
(6) to take any action authorized by the Act with
respect to complaints of discrimination against em-
ployees for exercising rights under the Act: