560 
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 2010, $56,000,000, to remain 
available until expended. 
ADMINISTRATIVE EXPENSES, ENERGY EMPLOYEES 
OCCUPATIONAL ILLNESS COMPENSATION FUND 
For necessary expenses to administer the Energy 
Employees Occupational Illness Compensation Program 
Act, $49,654,000, to remain available until expended: Pro-
vided, That the Secretary of Labor may require that any 
person filing a claim for benefits under the Act provide 
as part of such claim, such identifying information (in-
cluding Social Security account number) as may be pre-
scribed. 
BLACK LUNG DISABILITY TRUST FUND 
(INCLUDING TRANSFER OF FUNDS) 
In fiscal year 2009 and thereafter, such sums as may 
be necessary from the Black Lung Disability Trust Fund 
(‘‘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; and inter-
est on advances, as authorized by section 9501(c)(2) of 
that Act. In addition, the following amounts may be ex-
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pended from the Fund for fiscal year 2009 for expenses 
of operation and administration of the Black Lung Bene-
fits program, as authorized by section 9501(d)(5): not to 
exceed $32,308,000 for transfer to the Employment 
Standards Administration ‘‘Salaries and Expenses’’; not 
to exceed $24,694,000 for transfer to Departmental Man-
agement, ‘‘Salaries and Expenses’’; not to exceed 
$325,000 for transfer to Departmental Management, ‘‘Of-
fice 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, $513,042,000, including not 
to exceed $92,593,000 which shall be the maximum 
amount available for grants to States under section 23(g) 
of the Occupational Safety and Health Act (‘‘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 of 
Labor under section 18 of the Act; and, in addition, not-
withstanding 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, other-
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562 
wise 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 authorized, during the fiscal 
year ending September 30, 2009, 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 recognition programs that en-
sure 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 Act 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 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 Act with 
respect to any employer of 10 or fewer employees who is 
included within a category having a Days Away, Re-
stricted, or Transferred (DART) occupational injury and 
illness rate, at the most precise industrial classification 
code for which such data are published, less than the na-
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tional 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 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 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 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 re-
sults in hospitalization of two or more employees, 
and to take any action pursuant to such investiga-
tion authorized by the Act; and 
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