H. R. 3064—41
an occupational injury lost workday 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 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.
MINE SAFETY AND HEALTH ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses for the Mine Safety and Health
Administration, $228,373,000, 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 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; the Secretary is author-
ized to accept lands, buildings, equipment, and other contributions
from public and private sources and to prosecute projects in coopera-
tion 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.
H. R. 3064—42
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, $353,781,000,
of which $6,986,000 shall be for expenses of revising the Consumer
Price Index and shall remain available until September 30, 2001,
together with not to exceed $55,663,000, which may be expended
from the Employment Security Administration account in the
Unemployment Trust Fund.
DEPARTMENTAL MANAGEMENT
SALARIES AND EXPENSES
For necessary expenses for Departmental Management,
including the hire of three sedans, and including up to $7,250,000
for the President’s Committee on Employment of People With
Disabilities, and including the management or operation of Depart-
mental bilateral and multilateral foreign technical assistance,
$210,478,000; together with not to exceed $310,000, which may
be expended from the Employment Security Administration account
in the Unemployment Trust 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 Programs v. Newport News Shipbuilding, 115 S.
Ct. 1278 (1995), notwithstanding 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: Pro-
vided 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.).
ASSISTANT SECRETARY FOR VETERANS EMPLOYMENT AND TRAINING
Not to exceed $184,341,000 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,
2000.
H. R. 3064—43
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, $48,095,000, together with not to exceed
$3,830,000, 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,
That the Appropriations Committees of both Houses of Congress
are notified at least 15 days in advance of any transfer.
This title may be cited as the ‘‘Department of Labor Appropria-
tions Act, 2000’’.
TITLE II—DEPARTMENT OF HEALTH AND HUMAN
SERVICES
HEALTH RESOURCES AND SERVICES ADMINISTRATION
HEALTH RESOURCES AND SERVICES
For carrying out titles II, III, VII, VIII, X, XII, XIX, and
XXVI of the Public Health Service Act, section 427(a) of the Federal
Coal Mine Health and Safety Act, title V and section 1820 of
the Social Security Act, the Health Care Quality Improvement
Act of 1986, as amended, and the Native Hawaiian Health Care
Act of 1988, as amended, $4,429,292,000, of which $150,000 shall
remain available until expended for interest subsidies on loan
guarantees made prior to fiscal year 1981 under part B of title
VII of the Public Health Service Act, and of which $104,052,000
shall be available for the construction and renovation of health
care and other facilities, and of which $25,000,000 from general
revenues, notwithstanding section 1820( j) of the Social Security
Act, shall be available for carrying out the Medicare rural hospital
flexibility grants program under section 1820 of such Act: Provided,
That the Division of Federal Occupational Health may utilize per-
sonal services contracting to employ professional management/
administrative and occupational health professionals: Provided fur-
ther, That of the funds made available under this heading, $250,000
shall be available until expended for facilities renovations at the
Gillis W. Long Hansen’s Disease Center: Provided further, That
in addition to fees authorized by section 427(b) of the Health Care
Quality Improvement Act of 1986, fees shall be collected for the
full disclosure of information under the Act sufficient to recover
the full costs of operating the National Practitioner Data Bank,
H. R. 3064—44
and shall remain available until expended to carry out that Act:
Provided further, That no more than $5,000,000 is available for
carrying out the provisions of Public Law 104–73: Provided further,
That of the funds made available under this heading, $214,932,000
shall be for the program under title X of the Public Health Service
Act to provide for voluntary family planning projects: Provided
further, That amounts provided to said projects under such title
shall not be expended for abortions, that all pregnancy counseling
shall be nondirective, and that such amounts shall not be expended
for any activity (including the publication or distribution of lit-
erature) that in any way tends to promote public support or opposi-
tion to any legislative proposal or candidate for public office: Pro-
vided further, That $518,000,000 shall be for State AIDS Drug
Assistance Programs authorized by section 2616 of the Public
Health Service Act: Provided further, That, notwithstanding section
502(a)(1) of the Social Security Act, not to exceed $108,742,000
is available for carrying out special projects of regional and national
significance pursuant to section 501(a)(2) of such Act: Provided
further, That of the amount provided under the heading,
$20,000,000 shall be available for children’s hospitals graduate
medical education payments, subject to authorization: Provided fur-
ther, That of the amount provided under this heading, $900,000
shall be for the American Federation of Negro Affairs Education
and Research Fund.
MEDICAL FACILITIES GUARANTEE AND LOAN FUND
FEDERAL INTEREST SUBSIDIES FOR MEDICAL FACILITIES
For carrying out subsections (d) and (e) of section 1602 of
the Public Health Service Act, $1,000,000, together with any
amounts received by the Secretary in connection with loans and
loan guarantees under title VI of the Public Health Service Act,
to be available without fiscal year limitation for the payment of
interest subsidies. During the fiscal year, no commitments for direct
loans or loan guarantees shall be made.
HEALTH EDUCATION ASSISTANCE LOANS PROGRAM
Such sums as may be necessary to carry out the purpose
of the program, as authorized by title VII of the Public Health
Service Act, as amended. For administrative expenses to carry
out the guaranteed loan program, including section 709 of the
Public Health Service Act, $3,688,000.
VACCINE INJURY COMPENSATION PROGRAM TRUST FUND
For payments from the Vaccine Injury Compensation Program
Trust Fund, such sums as may be necessary for claims associated
with vaccine-related injury or death with respect to vaccines
administered after September 30, 1988, pursuant to subtitle 2 of
title XXI of the Public Health Service Act, to remain available
until expended: Provided, That for necessary administrative
expenses, not to exceed $3,000,000 shall be available from the
Trust Fund to the Secretary of Health and Human Services.