Union Calendar No. 336
104TH CONGRESS
2D SESSION
H. R. 3755
[Report No. 104–659]
A BILL
Making appropriations for the Departments of
Labor, Health and Human Services, and Edu-
cation, and related agencies, for the fiscal year
ending September 30, 1997, and for other pur-
poses.
JULY 8, 1996
Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
IB
Union Calendar No. 336
104TH CONGRESS
2D SESSION
H. R. 3755
[Report No. 104–659]
Making appropriations for the Departments of Labor, Health and Human
Services, and Education, and related agencies, for the fiscal year ending
September 30, 1997, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JULY 8, 1996
Mr. PORTER, from the Committee on Appropriations, reported the following
bill; which was committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
A BILL
Making appropriations for the Departments of Labor, Health
and Human Services, and Education, and related agen-
cies, for the fiscal year ending September 30, 1997,
and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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
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Education, and related agencies for the fiscal year ending
September 30, 1997, 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; the
Women in Apprenticeship and Nontraditional Occupations
Act; the National Skill Standards Act of 1994; and the
School-to-Work Opportunities Act; $4,171,482,000 plus
reimbursements, of which $3,297,011,000 is available for
obligation for the period July 1, 1997 through June 30,
1998; of which $73,861,000 is available for the period
July 1, 1997 through June 30, 2000 for necessary ex-
penses of construction, rehabilitation, and acquisition of
Job Corps centers; and of which $175,000,000 shall be
available from July 1, 1997 through September 30, 1998,
for carrying out activities of the School-to-Work Opportu-
nities Act: Provided, That $50,000,000 shall be for carry-
ing out section 401 of the Job Training Partnership Act,
$65,000,000 shall be for carrying out section 402 of such
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Act, $7,300,000 shall be for carrying out section 441 of
such Act, $2,530,000 shall be for all activities conducted
by and through the National Occupational Information
Coordinating Committee under such Act, $850,000,000
shall be for carrying out title II, part A of such Act, and
$126,672,000 shall be for carrying out title II, part C of
such Act: Provided further, That no funds from any other
appropriation shall be used to provide meal services at or
for Job Corps centers: Provided further, That funds pro-
vided to carry out title III of the Job Training Partnership
Act shall not be subject to the limitation contained in sub-
section (b) of section 315 of such Act; that the waiver
allowing a reduction in the cost limitation relating to re-
training services described in subsection (a)(2) of such
section 315 may be granted with respect to funds from
this Act if a substate grantee demonstrates to the Gov-
ernor that such waiver is appropriate due to the availabil-
ity of low-cost retraining services, is necessary to facilitate
the provision of needs-related payments to accompany
long-term training, or is necessary to facilitate the provi-
sion of appropriate basic readjustment services; and that
funds provided to carry out the Secretary’s discretionary
grants under part B of such title III may be used to pro-
vide needs-related payments to participants who, in lieu
of meeting the requirements relating to enrollment in
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To carry out the activities for grants to States under
paragraph (3) of section 506(a) of title V of the Older
Americans Act of 1965, as amended, or to carry out older
worker 
activities 
as 
subsequently 
authorized,
$130,550,000.
The funds appropriated under this heading shall be
transferred to the Department of Health and Human
Services, ‘‘Aging Services Programs’’ following the enact-
ment of legislation authorizing the administration of the
program by that Department: Provided, That the funds
shall be available for obligation for the period July 1, 1997
through June 30, 1998.
FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES
For payments during the current fiscal year of trade
adjustment benefit payments and allowances under part
I, and for training, for allowances for job search and relo-
cation, and for related State administrative expenses
under part II, subchapters B and D, chapter 2, title II
of the Trade Act of 1974, as amended, $324,500,000, to-
gether with such amounts as may be necessary to be
charged to the subsequent appropriation for payments for
any period subsequent to September 15 of the current
year.
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STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT
SERVICE OPERATIONS
For 
authorized 
administrative 
expenses,
$132,279,000, 
together 
with 
not 
to 
exceed
$3,096,111,000 (including not to exceed $1,653,000
which may be used for amortization payments to States
which had independent retirement plans in their State em-
ployment service agencies prior to 1980, and including not
to exceed $2,000,000 which may be obligated in contracts
with non-State entities for activities such as occupational
and test research activities which benefit the Federal-
State Employment Service System), which may be ex-
pended from the Employment Security Administration ac-
count 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 expenses for carrying out 5
U.S.C. 8501–8523, shall be available for obligation by the
States through December 31, 1997, except that funds
used for automation acquisitions shall be available for obli-
gation by States through September 30, 1999; and of
which $132,279,000, together with not to exceed
$701,369,000 of the amount which may be expended from
said trust fund, shall be available for obligation for the
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period July 1, 1997 through June 30, 1998, to fund ac-
tivities under the Act of June 6, 1933, as amended, in-
cluding the cost of penalty mail made available to States
in lieu of allotments for such purpose, and of which
$260,573,000 shall be available only to the extent nec-
essary for additional State allocations to administer unem-
ployment 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 1997 is projected by the De-
partment of Labor to exceed 2,828,000 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 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-
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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, section 104(d) of Public Law 102–164, and
section 5 of Public Law 103–6, and to the ‘‘Federal unem-
ployment benefits and allowances’’ account, to remain
available until September 30, 1998, $373,000,000.
In addition, for making repayable advances to the
Black Lung Disability Trust Fund in the current fiscal
year after September 15, 1997, 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, $81,393,000, together with not to ex-
ceed $39,977,000, which may be expended from the Em-
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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, $65,783,000.
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
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, 1997, for such Corporation: Pro-
vided, That not to exceed $135,720,000 shall be available
for administrative expenses of the Corporation.
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-
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tion services rendered, $258,422,000, together with
$983,000 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
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-
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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-
quired by section 10(h) of the Longshore and Harbor
Workers’ Compensation Act, as amended, $213,000,000
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, 1996, 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
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of Labor determines to be the cost of administration for
employees of such fair share entities through September
30, 1997: Provided further, That of those funds trans-
ferred to this account from the fair share entities to pay
the cost of administration, $11,390,000 shall be made
available to the Secretary of Labor for expenditures relat-
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, $1,007,644,000, of which $961,665,000 shall be
available until September 30, 1998, 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 $26,071,000 shall
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be available for transfer to Employment Standards Ad-
ministration, Salaries and Expenses, $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-
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, $297,734,000, including not
to exceed $66,929,000 which shall be the maximum
amount available for grants to States under section 23(g)
of the Occupational Safety and Health Act, which grants
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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,
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 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
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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—
(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
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(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 em-
ploys ten or fewer employees.
MINE SAFETY AND HEALTH ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses for the Mine Safety and
Health Administration, $191,810,000, 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-
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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
dredging, or with respect to any sand, gravel, surface
stone, surface clay, colloidal phosphate, or surface lime-
stone mine.
BUREAU OF LABOR STATISTICS
SALARIES AND EXPENSES
For necessary expenses for the Bureau of Labor Sta-
tistics, including advances or reimbursements to State,
Federal, and local agencies and their employees for serv-
ices rendered, $302,947,000, of which $16,145,000 shall
be for expenses of revising the Consumer Price Index and
shall remain available until September 30, 1998, together
with not to exceed $52,053,000, 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 Manage-
ment, including the hire of three sedans, and including
up to $4,271,000 for the President’s Committee on Em-
ployment of People With Disabilities, $137,504,000; to-
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gether with not to exceed $297,000, which may be ex-
pended from the Employment Security Administration ac-
count 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 Bene-
fits 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 Ship-
building, 115 S. Ct. 1278 (1995).
ASSISTANT SECRETARY FOR VETERANS EMPLOYMENT
AND TRAINING
Not to exceed $178,149,000 may be derived from the
Employment Security Administration account in the Un-
employment Trust Fund to carry out the provisions of 38
U.S.C. 4100–4110A and 4321–4327, and Public Law
103–353, and which shall be available for obligation by
the States through December 31, 1997.
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, $42,938,000, together
with not to exceed $3,543,000, which may be expended
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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 individual, either as direct costs or any proration
as an indirect cost, at a rate in excess of $125,000.
SEC. 102. None of the funds made available in this
Act may be used by the Occupational Safety and Health
Administration directly or through section 23(g) of the
Occupational Safety and Health Act for the development,
promulgation or issuance of any proposed or final stand-
ard or guideline regarding ergonomic protection or record-
ing and reporting occupational injuries and illnesses di-
rectly related thereto.
(TRANSFER OF FUNDS)
SEC. 103. Not to exceed 1 percent of any discre-
tionary funds (pursuant to the Balanced Budget and
Emergency Deficit Control Act, as amended) which are
appropriated for the current fiscal year for the Depart-
ment of Labor in this Act may be transferred between ap-
propriations, 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 fifteen days in advance of
any transfer.
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SEC. 104. Funds shall be available for carrying out
title IV–B of the Job Training Partnership Act, notwith-
standing section 427(c) of that Act, if a Job Corps center
fails to meet national performance standards established
by the Secretary.
SEC. 105. No funds appropriated or otherwise made
available in this title shall be disbursed without the ap-
proval of the Department’s Chief Financial Officer or his
delegatee.
SEC. 106. (a) GENERAL RULE.—In the administra-
tion and enforcement of the child labor provisions of the
Fair Labor Standards Act of 1938, employees who are 16
and 17 years of age shall be permitted to load materials,
but not operate or unload materials, into scrap paper
balers and paper box compactors—
(1) that are safe for 16- and 17-year-old em-
ployees loading the scrap paper balers or paper box
compactors, and
(2) that cannot operate while being loaded.
(b) DEFINITION.—For purposes of subsection (a),
scrap paper balers and paper box compactors shall be con-
sidered safe for 16- or 17-year-old employees to load only
if—
(1) such scrap paper balers and paper box com-
pactors are in compliance with the current safety
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standard established by the American National
Standards Institute;
(2) such scrap paper balers and paper box com-
pactors include an on-off switch incorporating a
keylock or other system and the control of such sys-
tem is maintained in the custody of employees who
are 18 years of age or older;
(3) the on-off switch of such scrap paper balers
and paper box compactors is maintained in an off
condition when such scrap paper balers and paper
box compactors are not in operation; and
(4) the employer of 16- and 17-year-old employ-
ees provides notice, and posts a notice, on such
scrap paper balers and paper box compactors stating
that—
(A) such scrap paper balers and paper box
compactors meet the current safety standard
established by the American National Stand-
ards Institute;
(B) 16- and 17-year-old employees may
only load such scrap paper balers and paper
box compactors; and
(C) any employee under the age of 18 may
not operate or unload such scrap paper balers
and paper box compactors: