IB
107TH CONGRESS
1ST SESSION
H. R. 3061
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 6, 2001
Ordered to be printed with the amendment of the Senate
[Strike out all after the enacting clause and insert the part printed in italic]
AN ACT
Making appropriations for the Departments of Labor, Health
and Human Services, and Education, and related agen-
cies for the fiscal year ending September 30, 2002, 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
Education, and related agencies for the fiscal year ending
September 30, 2002, and for other purposes, namely:
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TITLE I—DEPARTMENT OF LABOR
EMPLOYMENT AND TRAINING ADMINISTRATION
TRAINING AND EMPLOYMENT SERVICES
For necessary expenses of the Workforce Investment
Act, including the purchase and hire of passenger motor
vehicles, the construction, alteration, and repair of build-
ings and other facilities, and the purchase of real property
for training centers as authorized by the Workforce In-
vestment Act; the Women in Apprenticeship and Non-
traditional Occupations Act; and the National Skill Stand-
ards Act of 1994; $3,485,147,000 plus reimbursements,
of which $2,110,707,000 is available for obligation for the
period July 1, 2002, through June 30, 2003; of which
$1,353,065,000 is available for obligation for the period
April 1, 2002, through June 30, 2003; and of which
$20,375,000 is available for the period July 1, 2002,
through June 30, 2005, for necessary expenses of con-
struction, rehabilitation, and acquisition of Job Corps cen-
ters: Provided, That $3,500,000 shall be for carrying out
the National Skills Standards Act of 1994: Provided fur-
ther, That no funds from any other appropriation shall
be used to provide meal services at or for Job Corps cen-
ters.
For necessary expenses of the Workforce Investment
Act, including the purchase and hire of passenger motor
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vehicles, the construction, alteration, and repair of build-
ings and other facilities, and the purchase of real property
for training centers as authorized by the Workforce In-
vestment Act; $2,098,000,000 plus reimbursements, of
which $1,998,000,000 is available for obligation for the
period October 1, 2002, through June 30, 2003; and of
which $100,000,000 is available for the period October 1,
2002, through June 30, 2005, for necessary expenses of
construction, rehabilitation, and acquisition of Job Corps
centers.
COMMUNITY SERVICE EMPLOYMENT FOR OLDER
AMERICANS
To carry out title V of the Older Americans Act of
1965, as amended, $440,200,000.
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, allowances for job search and reloca-
tion, and related State administrative expenses under part
II, subchapters B and D, chapter 2, title II of the Trade
Act of 1974, as amended, $11,000,000, together with such
amounts as may be necessary to be charged to the subse-
quent appropriation for payments for any period subse-
quent to September 15 of the current year.
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In addition, for such purposes, $404,650,000, to be-
come available only upon the enactment of authorizing leg-
islation.
STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT
SERVICE OPERATIONS
For
authorized
administrative
expenses,
$163,452,000,
together
with
not
to
exceed
$3,236,886,000 (including not to exceed $1,228,000
which may be used for amortization payments to States
which had independent retirement plans in their State em-
ployment service agencies prior to 1980), which may be
expended from the Employment Security Administration
Account in the Unemployment 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 Immigra-
tion 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 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, 2002, except that funds
used for automation acquisitions shall be available for obli-
gation by the States through September 30, 2004; and
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of which $163,452,000, together with not to exceed
$773,283,000 of the amount which may be expended from
said trust fund, shall be available for obligation for the
period July 1, 2002, through June 30, 2003, to fund ac-
tivities under the Act of June 6, 1933, as amended, in-
cluding 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 2002 is projected by the Department of
Labor to exceed 2,622,000, 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 Secu-
rity 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
programs, may be obligated in contracts, grants or agree-
ments 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
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Insurance automation efforts, notwithstanding cost alloca-
tion 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, and to the ‘‘Federal unemployment benefits
and allowances’’ account, to remain available until Sep-
tember 30, 2003, $464,000,000.
In addition, for making repayable advances to the
Black Lung Disability Trust Fund in the current fiscal
year after September 15, 2002, 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, $113,356,000, including $5,934,000 to ad-
minister welfare-to-work grants, together with not to ex-
ceed $48,507,000, 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 the Pension and Welfare
Benefits Administration, $109,866,000.
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, 2002, for such Corporation: Pro-
vided, That not to exceed $11,690,000 shall be available
for administrative expenses of the Corporation: Provided
further, That expenses of such Corporation in connection
with the termination of pension plans, for the acquisition,
protection or management, and investment of trust assets,
and for benefits administration services shall be consid-
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ered as non-administrative expenses for the purposes here-
of, and excluded from the above limitation.
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-
tion
services
rendered,
$367,650,000,
together
with
$1,981,000 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: Pro-
vided, That $2,000,000 shall be for the development of
an alternative system for the electronic submission of re-
ports as 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 sub-
mission 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, re-
tain, 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-
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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-
efits as provided for under the heading ‘‘Civilian War Ben-
efits’’ in the Federal Security Agency Appropriation Act,
1947; the Employees’ Compensation Commission Appro-
priation Act, 1944; sections 4(c) and 5(f) of the War
Claims Act of 1948 (50 U.S.C. App. 2012); and 50 per-
cent of the additional compensation and benefits required
by section 10(h) of the Longshore and Harbor Workers’
Compensation Act, as amended, $121,000,000 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 subse-
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quent 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 re-
imbursements unobligated on September 30, 2001, 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
determines to be the cost of administration for employees
of such fair share entities through September 30, 2002:
Provided further, That of those funds transferred to this
account from the fair share entities to pay the cost of ad-
ministration of the Federal Employees’ Compensation Act,
$36,696,000 shall be made available to the Secretary as
follows: (1) for the operation of and enhancement to the
automated data processing systems, including document
imaging,
and
conversion
to
a
paperless
office,
$24,522,000; (2) for medical bill review and periodic roll
management, $11,474,000; (3) for communications rede-
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sign, $700,000; 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 fil-
ing 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 identi-
fying information (including Social Security account num-
ber) as such regulations may prescribe.
ENERGY EMPLOYEES OCCUPATIONAL ILLNESS
COMPENSATION PROGRAM
For necessary expenses to administer the Energy
Employees
Occupational
Illness
Compensation
Act,
$136,000,000, to remain available until expended: Pro-
vided, That the Secretary of Labor is authorized to trans-
fer to any Executive agency with authority under the En-
ergy Employees Occupational Illness Compensation Act,
including within the Department of Labor, such sums as
may be necessary in fiscal year 2002 to carry out those
authorities: Provided further, That the Secretary may re-
quire that any person filing a claim for benefits under the
Act provide as part of such claim, such identifying infor-
mation (including Social Security account number) as may
be prescribed.
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BLACK LUNG DISABILITY TRUST FUND
(INCLUDING TRANSFER OF FUNDS)
For payments from the Black Lung Disability Trust
Fund, $1,036,115,000, of which $981,283,000 shall be
available until September 30, 2003, 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 $31,558,000 shall
be available for transfer to Employment Standards Ad-
ministration, Salaries and Expenses, $22,590,000 for
transfer to Departmental Management, Salaries and Ex-
penses, $328,000 for transfer to Departmental Manage-
ment, Office of Inspector General, and $356,000 for pay-
ment into miscellaneous receipts for the expenses of the
Department of Treasury, for expenses of operation and
administration of the Black Lung Benefits program as au-
thorized by section 9501(d)(5) of that Act: Provided,
That, in addition, such amounts as may be necessary may
be charged to the subsequent year appropriation for the
payment of compensation, interest, or other benefits for
any period subsequent to August 15 of the current year.
OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses for the Occupational Safety
and Health Administration, $435,307,000, including not
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to exceed $88,694,000 which shall be the maximum
amount available for grants to States under section 23(g)
of the Occupational Safety and Health Act, which grants
shall be no less than 50 percent of the costs of State occu-
pational safety and health programs required to be in-
curred 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,
notwithstanding 31 U.S.C. 3302, the Secretary of Labor
is authorized, during the fiscal year ending September 30,
2002, to collect and retain fees for services provided to
Nationally Recognized Testing Laboratories, and may uti-
lize such sums, in accordance with the provisions of 29
U.S.C. 9a, to administer national and international lab-
oratory recognition programs 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 Occupational Safety and
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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 10 or fewer employ-
ees: Provided further, That no funds appropriated under
this paragraph shall be obligated or expended to admin-
ister or enforce any standard, rule, regulation, or order
under the Occupational Safety and Health Act of 1970
with respect to any employer of 10 or fewer employees
who is included within a category having an occupational
injury lost workday case rate, at the most precise Stand-
ard 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, 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;
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(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
(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 10 or fewer employees.
MINE SAFETY AND HEALTH ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses for the Mine Safety and
Health Administration, $251,725,000, 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; including up to $1,000,000 for
mine rescue and recovery activities, which shall be avail-
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able only to the extent that fiscal year 2002 obligations
for these activities exceed $1,000,000; 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 up to $1,000,000 from fees col-
lected for the approval and certification of equipment, ma-
terials, 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 contribu-
tions from public and private sources and to prosecute
projects in cooperation with other agencies, Federal,
State, or private; the Mine Safety and Health Administra-
tion 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.
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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, $397,696,000, together with not to exceed
$69,132,000, which may be expended from the Employ-
ment Security Administration Account in the Unemploy-
ment Trust Fund; and $10,280,000, which shall be avail-
able for obligation for the period of July 1, 2002, through
June 30, 2003, for Occupational Employment Statistics.
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, $33,053,000, of which $2,640,000
shall be for the President’s Task Force on the Employ-
ment of Adults with Disabilities.
DEPARTMENTAL MANAGEMENT
SALARIES AND EXPENSES
For necessary expenses for Departmental Manage-
ment, including the hire of three sedans, and including
the management or operation, through contracts, grants
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or other arrangements of Departmental bilateral and mul-
tilateral foreign technical assistance, and $51,708,000 for
the acquisition of Departmental information technology,
architecture, infrastructure, equipment, software and re-
lated needs which will be allocated by the Department’s
Chief Information Officer in accordance with the Depart-
ment’s capital investment management process to assure
a sound investment strategy; $383,568,000; together with
not to exceed $310,000, which may be expended from the
Employment Security Administration Account in the Un-
employment 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
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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 ap-
peal, 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 deci-
sion issued under the Black Lung Benefits Act (30 U.S.C.
901 et seq.).
ASSISTANT SECRETARY FOR VETERANS EMPLOYMENT
AND TRAINING
Not to exceed $186,903,000 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, 4212, 4214, and 4321–4327, and
Public Law 103–353, and which shall be available for obli-
gation by the States through December 31, 2002. To
carry out the Stewart B. McKinney Homeless Assistance
Act and section 168 of the Workforce Investment Act of
1998, $24,800,000, of which $7,300,000 shall be available
for obligation for the period July 1, 2002, through June
30, 2003.
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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, $52,182,000, together
with not to exceed $4,951,000, 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 individual, 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 discre-
tionary 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 transferred be-
tween 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 ad-
vance of any transfer.
This title may be cited as the ‘‘Department of Labor
Appropriations Act, 2002’’.
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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 sections 1128E and 1820 of the Social Security
Act, the Health Care Quality Improvement Act of 1986,
as amended, the Native Hawaiian Health Care Act of
1988, as amended, the Cardiac Arrest Survival Act of
2000, and the Poison Control Center Enhancement and
Awareness Act, $5,691,480,000, of which $35,000,000
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 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 oper-
ating the National Practitioner Data Bank, and shall re-