110 STAT. 1321-217
PUBLIC LAW 104-134—APR. 26, 1996
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, $304,984,000 including not to exceed $68,295,000
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 fifty percent of the costs of
State occupational safety and health programs required to be
incurred under plans approved by the Secretary under section 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 collected, and may utilize such sums for occupational
29 USC 670 note, 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 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 Occupational 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 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 violations 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
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