103D CONGRESS

2D SESSION H. R. 4606

AMENDMENTS
In the Senate of the United States,

August 10 (legislative day, August 8), 1994.

Resolved, That the bill from the House of Representatives (H.R. 4606) entitled ‘‘An Act making appropriations for

the Departments of Labor, Health and Human Services, and

Education, and related agencies, for the fiscal year ending

September 30, 1995, and for other purposes’’, do pass with

the following

AMENDMENTS:

1 Ω1æPage 2, after line 10 insert:

2 (INCLUDING RESCISSION)

3 Ω2æPage 2, line 22, strike out ø$5,524,991,000¿ and in4 sert: $5,468,217,000

5 Ω3æPage 2, line 23, strike out ø$5,035,179,000¿ and in6 sert: $5,234,055,000

7 Ω4æPage 2, line 25, strike out ø$150,000,000¿ and in8 sert: $126,556,000

9 Ω5æPage 3, strike out all after line 1 down to and includ10 ing ‘‘1995;’’ in line 4

11 Ω6æPage 3, line 4, strike out ø$140,000,000¿ and insert:

12 $100,000,000
2

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1 Ω7æPage 3, line 8, strike out ø$63,666,000¿ and insert:

2 $64,218,000

3 Ω8æPage 3, line 9, strike out ø$84,841,000¿ and insert:

4 $86,000,000

5 Ω9æPage 3, line 11, strike out ø$1,500,000¿ and insert:

6 $2,223,000

7 Ω10æPage 3, line 13, strike out ø$5,579,000¿ and insert:

8 $6,000,000

9 Ω11æPage 3, line 18, strike out ø$1,044,813,000¿ and

10 insert: $1,064,813,000

11 Ω12æPage 3, line 23, after ‘‘centers’’ insert: : Provided

12 further, That funds used from this Act to carry out title

13 III of the Job Training Partnership Act shall not be subject

14 to the limitation contained in subsection (b) of section 315

15 of such Act; that the waiver allowing a reduction in the

16 cost limitation relating to retraining services described in

17 subsection (a)(2) of such section 315 may be granted with

18 respect to funds used from this Act if a substate grantee

19 demonstrates to the Governor that such waiver is appro20 priate due to the availability of low-cost retraining services,

21 is necessary to facilitate the provision of needs-related pay22 ments to accompany long-term training, or is necessary to

23 facilitate the provision of appropriate basic readjustment
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1 services; and that funds used from this Act to carry out

2 the Secretary’s discretionary grants under part B of such

3 title III may be used to provide needs-related payments to

4 participants who, in lieu of meeting the requirements relat5 ing to enrollment in training under section 314(e) of such

6 Act, are enrolled in training by the end of the sixth week

7 after grant funds have been awarded

8 Ω13æPage 3, after line 23, insert:

9 Of the amounts made available in fiscal year 1994

10 under the Job Training partnership Act, title II–C,

11 $50,000,000 are hereby rescinded.

12 Ω14æPage 5, line 14, strike out ø$146,697,000¿ and in13 sert: $147,351,000

14 Ω15æPage 5, line 15, strike out ø$3,269,013,000¿ and

15 insert: $3,280,357,000

16 Ω16æPage 6, line 8, strike out ø$144,763,000¿ and in17 sert: $145,417,000

18 Ω17æPage 6, line 9, strike out ø$817,224,000¿ and in19 sert: $821,803,000

20 Ω18æPage 6, line 15, strike out ø$232,437,000¿ and in21 sert: $226,000,000
4

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1 Ω19æPage 6, line 23, strike out ø$27,800,000¿ and in2 sert: $30,000,000

3 Ω20æPage 7, line 6, after ‘‘entities’’ insert: : Provided

4 further, That funds appropriated under this Act for activi5 ties authorized under the Wagner-Peyser Act, as amended,

6 and title III of the Social Security Act, may be used by

7 the States to fund integrated Employment Service and Un8 employment Insurance automation efforts, notwithstanding

9 cost allocation principles prescribed under Office of Man10 agement and Budget Circular A–87

11 Ω21æPage 8, line 4, strike out ø$30,411,000¿ and insert:

12 $32,225,000

13 Ω22æPage 8, line 8, strike out ø$66,388,000¿ and insert:

14 $69,454,000

15 Ω23æPage 9, line 9, strike out ø$242,860,000¿ and in16 sert: $248,667,000

17 Ω24æPage 15, line 19, strike out ø$197,519,000¿ and

18 insert: $201,238,000

19 Ω25æPage 16, line 23, strike out ø$296,761,000¿ and

20 insert: $298,761,000

21 Ω26æPage 17, line 9, after ‘‘Disabilities,’’ insert: and in22 cluding $2,500,000 for the International Program on the
5

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1 Elimination of Child Labor notwithstanding any other pro2 vision of law,

3 Ω27æPage 17, line 9, strike out all after ‘‘Disabilities,’’

4 down to and including ‘‘programs;’’ in line 14 and insert:

5 $152,818,000

6 Ω28æPage 17, line 19, strike out ø$185,281,000¿ and

7 insert: $187,964,000

8 Ω29æPage 18, line 1, strike out ø$47,676,000¿ and in9 sert: $48,535,000

10 Ω30æPage 18, line 2, strike out ø$3,860,000¿ and insert:

11 $3,966,000

12 Ω31æPage 18, strike out lines 6 to 12

13 Ω32æPage 18, after line 12, insert:

14 SEC. 101. DETERRENCE OF FRAUD AND ABUSE IN THE FED15 ERAL EMPLOYEE’S WORKER COMPENSATION

16 PROGRAM.

17 (a) IN GENERAL.—(1) Chapter 81 of title 5, United

18 States Code, is amended by inserting after section 8147 the

19 following new section:

20 ‘‘§ 8148. Forfeiture of benefits by convicted felons

21 ‘‘(a) Any individual convicted of a violation of section

22 1920 of title 18, or any other Federal or State criminal

23 statute relating to fraud in the application for a receipt
6

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1 of any benefit under this subchapter or subchapter III of

2 this chapter, shall forfeit (as of the date of such conviction)

3 any entitlement to any benefit such individual would other4 wise be entitled to under this subchapter or subchapter III

5 for any injury occurring on or before the date of such con6 viction. Such forfeiture shall be in addition to any action

7 the Secretary may take under section 8106 or 8129.

8 ‘‘(b)(1) Notwithstanding any other provision of this

9 chapter (except as provided under paragraph (3)), no bene10 fits under this subchapter or subchapter III of this chapter

11 shall be paid or provided to any individual during any

12 period during which such individual is confined in a jail,

13 prison, or other penal institution or correctional facility,

14 pursuant to that individual’s conviction of an offense that

15 constituted a felony under applicable law.

16 ‘‘(2) Such individual shall not be entitled to receive

17 the benefits forfeited during the period of incarceration

18 under paragraph (1), after such period of incarceration

19 ends.

20 ‘‘(3) If an individual has one or more dependents as

21 defined under section 8110(a), the Secretary of Labor may,

22 during the period of incarceration, pay to such dependents

23 a percentage of the benefits that would have been payable

24 to such individual computed according to the percentages

25 set forth in section 8133(a) (1) through (5).
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1 ‘‘(c) Notwithstanding the provision of section 552a of

2 this title, or any other provision of Federal or State law,

3 any agency of the United States Government or of any

4 State (or political subdivision thereof) shall make available

5 to the Secretary of Labor, upon written request, the names

6 and Social Security account numbers of individuals who

7 are confined in a jail, prison, or other penal institution

8 or correctional facility under the jurisdiction of such agen9 cy, pursuant to such individuals’ conviction of an offense

10 that constituted a felony under applicable law, which the

11 Secretary of Labor may require to carry out the provisions

12 of this section.’’.

13 (2) The table of sections for chapter 81 of title 5, Unit14 ed States Code, is amended by inserting after the item relat15 ing to section 8147 the following new item:

‘‘8148. Forfeiture of benefits by convicted felons.’’.

16 (b) CRIMINAL PENALTIES.—(1) Section 1920 of title

17 18, United States Code, is amended to read as follows:

18 ‘‘§ 1920. False statement or fraud to obtain Federal

19 employee’s compensation

20 ‘‘Whoever knowingly and willfully falsifies, conceals,

21 or covers up a material fact, or makes a false, fictitious,

22 or fraudulent statement or representation, or makes or uses

23 a false statement or report knowing the same to contain

24 any false, fictitious, or fraudulent statement or entry in

25 connection with the application for or receipt of compensa-
8

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1 tion or other benefit or payment under subchapter I or III

2 of chapter 81 of title 5, shall be guilty of perjury, and on

3 conviction thereof shall be punished by a fine of not more

4 than $250,000, or by imprisonment for not more than 5

5 years, or both; but if the amount of the benefits falsely ob6 tained does not exceed $1,000, such person shall be punished

7 by a fine of not more than $100,000, or by imprisonment

8 for not more than 1 year, or both.’’.

9 (2) The table of sections for chapter 93 of title 18,

10 United States Code, is amended by amending the item re11 lating to section 1920 to read as follows:

‘‘1920. False statement or fraud to obtain Federal employee’s compensation.’’.

12 (c) EFFECTIVE DATE.—The amendments made by this

13 section shall take effect on the date of the enactment of this

14 Act. The amendments made by subsection (a) shall apply

15 to claims filed before, on, or after the date of enactment

16 of this Act, and shall apply only to individuals convicted

17 after such date of enactment.

18 Ω33æPage 20, after line 4, insert:

19 SEC. 105. The Secretary of Labor may, in his discre20 tion, utilize funds appropriated in this and subsequent Acts

21 to engage in joint projects, or perform services, on matters

22 of mutual interest, with nonprofit organizations, research

23 organizations, or public organizations or agencies, the cost

24 of which shall be apportioned equitably, as determined by
9

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1 the Secretary: Provided, That such funds shall not be treat2 ed as a reprogramming and shall not be available for obli3 gation or expenditure except in compliance with the com4 mittee reprogramming procedures.

5 SEC. 106. The Secretary of Labor is authorized to ac6 cept, in the name of the Department of Labor, and employ

7 or dispose of in furtherance of authorized activities of the

8 Department of Labor, during the fiscal year ending Sep9 tember 30, 1995, and each fiscal year thereafter, any money

10 or property, real, personal, or mixed, tangible or intangible,

11 received by gift, devise, bequest, or otherwise.

12 SEC. 107. Section 5315 of title 5, United States Code,

13 is amended by inserting at the end thereof: ‘‘The Commis14 sioner of Labor Statistics, Department of Labor.’’.

15 Section 5316 of title 5, United States Code, is amended

16 by striking: ‘‘Commissioner of Labor Statistics, Department

17 of Labor.’’.

18 SEC. 108. None of the funds appropriated in this title

19 for the Job Corps shall be used to pay the compensation

20 of an individual, either as direct costs or any proration

21 as an indirect cost, at a rate in excess of $125,000.

22 Ω34æPage 20, line 17, strike out ø$3,008,225,000¿ and

23 insert: $3,066,254,000

24 Ω35æPage 21, line 10, after ‘‘Act’’ insert: : Provided fur25 ther, That of the amounts available for Area Health Edu-
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1 cation Centers, $25,000,000 shall be for section 746(i)(1)(A)

2 of the Health Professions Education Extension Amendments

3 of 1992, notwithstanding section 746(i)(1)(C)

4 Ω36æPage 21, line 10, after ‘‘Act’’ insert: : Provided fur5 ther, That of the funds made available under this heading

6 for program administration, $3,000,000 shall be made

7 available for grants to cities under title XXVI, sections

8 2601–2608 of the Public Health Service Act

9 Ω37æPage 21, line 10, after ‘‘Act’’ insert: : Provided fur10 ther, That no more than $5,000,000 is available for carry11 ing out the provisions of Public Law 102–501

12 Ω38æPage 23, line 5, strike out ø$2,086,850,000¿ and

13 insert: $2,050,931,000

14 Ω39æPage 24, line 7, strike out ø$27,862,000¿ and in15 sert: $28,873,000

16 Ω40æPage 25, line 5, strike out ø$726,784,000¿ and in17 sert: $728,784,000

18 Ω41æPage 25, line 10, strike out ø$626,801,000¿ and

19 insert: $628,801,000

20 Ω42æPage 26, line 4, strike out ø$290,335,000¿ and in21 sert: $292,022,000
11

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1 Ω43æPage 26, line 9, strike out ø$266,400,000¿ and in2 sert: $267,955,000

3 Ω44æPage 26, line 13, strike out ø$431,198,000¿ and

4 insert: $433,198,000

5 Ω45æPage 26, line 18, strike out ø$227,021,000¿ and

6 insert: $229,021,000

7 Ω46æPage 26, line 23, strike out ø$166,155,000¿ and

8 insert: $167,129,000

9 Ω47æPage 27, line 4, strike out ø$47,971,000¿ and in10 sert: $48,326,000

11 Ω48æPage 27, line 17, strike out ø$542,050,000¿ and

12 insert: $544,050,000

13 Ω49æPage 28, line 7, strike out ø$15,193,000¿ and in14 sert: $13,209,000

15 Ω50æPage 28, line 11, strike out ø$123,274,000¿ and

16 insert: $127,274,000

17 Ω51æPage 28, line 15, strike out ø$219,474,000¿ and

18 insert: $215,045,000

19 Ω52æPage 29, line 12, strike out ø$114,370,000¿ and

20 insert: $113,370,000
12

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1 Ω53æPage 29, line 20, strike out ø$2,166,148,000¿ and

2 insert: $2,164,179,000

3 Ω54æPage 30, line 7, strike out ø$70,261,000¿ and in4 sert: $63,004,000, of which $2,048,000 and 30 full-time

5 equivalent positions will be transferred from the National

6 Vaccine Program Office to the Centers for Disease Control

7 and Prevention for the expanded immunization program

8 Ω55æPage 30, line 10, strike out all after ‘‘expended’’

9 down to and including ‘‘account’’ in line 13

10 Ω56æPage 31, line 5, strike out ø$134,624,000¿ and in11 sert: $128,914,000

12 Ω57æPage 31, line 6, strike out ø$5,806,000¿ and insert:

13 $5,786,000

14 Ω58æPage 31, line 15, strike out ø$13,202,000¿ and in15 sert: $31,504,000

16 Ω59æPage 31, line 19, strike out ø$62,637,775,000¿ and

17 insert: $62,640,775,000

18 Ω60æPage 32, line 24, strike out ø$2,183,985,000¿ and

19 insert: $2,207,237,000

20 Ω61æPage 33, line 1, strike out ø$2,183,985,000¿ and

21 insert: $2,207,237,000
13

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1 Ω62æPage 34, line 21, strike out ø$21,237,101,000¿ and

2 insert: $21,192,101,000

3 Ω63æPage 35, line 8, strike out ø$5,127,785,000¿ and

4 insert: $5,157,011,000

5 Ω64æPage 35, line 20, strike out ø$352,000,000¿ and

6 insert: $320,000,000

7 Ω65æPage 35, line 23, strike out ø$130,000,000¿ and

8 insert: $64,000,000

9 Ω66æPage 36, after line 24 insert:

10 The Secretary shall provide payments under titles IV–

11 A and XIX of the Social Security Act to carry out a dem12 onstration project for a qualified program in accordance

13 with this section which shall take effect on January 1, 1995.

14 For each calendar quarter in which there is a qualified pro15 gram as defined below, the Secretary shall pay to the State

16 for the purpose of transmittal to the operator of the quali17 fied program, for no more than 20 calendar quarters, an

18 amount equal to the aggregate amount that would otherwise

19 have been payable to the State with respect to the partici20 pants in the program for such a calendar quarter, in the

21 absence of the program, for cash assistance and child care

22 under part A of title IV of the Social Security Act, for medi23 cal assistance under title XIX of such Act, and for adminis24 trative expenses related to such assistance. The term ‘‘quali-
14

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1 fied program’’ means a program operated by the New Hope

2 Project, Inc., which assists low-income residents of Milwau3 kee, Wisconsin, move from welfare to work, in accordance

4 with an application to be prepared by the operator to the

5 qualified program, transmitted by the State to the Sec6 retary, and defined by and approved by the Secretary. The

7 application shall provide for evaluation of the demonstra8 tion project; funds provided herein may not be used for said

9 evaluation.

10 Ω67æPage 37, line 9, strike out ø$250,000,000¿ and in11 sert: $89,592,000

12 Ω68æPage 37, line 13, strike out ø$1,225,000,000¿ and

13 insert: $1,475,000,000

14 Ω69æPage 38, after line 13, insert:

15 STATE LEGALIZATION IMPACT-ASSISTANCE GRANTS

16 (INCLUDING RESCISSION)

17 (a) Funds not expended by the States by July 1, 1995,

18 under section 204(b)(4) of the Immigration and Nationality

19 Act are hereby rescinded.

20 (b) For allotments of funds to the States made by the

21 Secretary of Health and Human Services for the purpose

22 of making payments to public and private nonprofit orga23 nizations for—
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1 (1) public information and outreach activities

2 regarding naturalization and citizenship; and

3 (2) English language and civics instruction pro4 vided to any adult eligible legalized alien who has not

5 met the requirements of section 312 of the Immigra6 tion and Nationality Act for purposes of becoming

7 naturalized as a citizen of the United States,

8 $8,000,000:

9 Provided, That the Secretary of Health and Human Serv10 ices shall allocate such amount among the States not later

11 than August 15, 1995: Provided further, That each State’s

12 share of these funds shall be equal to that State’s percentage

13 share of the total costs of administering and providing edu14 cational services to eligible legalized aliens in all States

15 through fiscal year 1994, as determined by the Secretary:

16 Provided further, That the definition of ‘‘eligible legalized

17 alien’’ contained in section 204(j)(4) of the Immigration

18 Reform and Control Act of 1986 is amended by inserting

19 before the period at the end ‘‘, except that the five-year limi20 tation shall not apply for the purposes of providing public

21 information and outreach activities regarding naturaliza22 tion and citizenship; and English language and civics in23 struction to any adult eligible legalized alien who has not

24 met the requirements of section 312 of the Immigration and

25 Nationality Act for purposes of becoming naturalized as a
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1 citizen of the United States’’: Provided further, That each

2 State may designate the appropriate agency or agencies to

3 administer funds under this heading: Provided further,

4 That section 204(b)(4) of the Immigration Reform and Con5 trol Act of 1986 is amended by striking the fourth sentence

6 and inserting the following: ‘‘Funds made available to a

7 State pursuant to the preceding sentence of this paragraph

8 shall be utilized by the State to reimburse all allowable costs

9 within 90 days after a State has received a reallocation

10 of funds from the Secretary, but in no event later than July

11 31, 1995.’’.

12 Ω70æPage 38, line 18, strike out ø$465,714,000¿ and

13 insert: $476,219,000, of which $12,000,000 shall be for car14 rying out the National Youth Sports Program: Provided,

15 That payments from such amount to the grantee and

16 subgrantees administering the National Youth Sports Pro17 gram may not exceed the aggregate amount contributed in

18 cash or in kind by the grantee and subgrantees: Provided

19 further, That amounts in excess of $9,400,000 for such

20 amount may not be made available to the grantee and

21 subgrantees administering the National Youth Sports Pro22 gram unless the grantee agrees to provide contributions in

23 cash over and above the preceding year’s cash contribution

24 to such program in an amount that equals 29 percent of

25 such excess amount
17

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1 Ω71æPage 40, line 3, strike out ø$4,408,775,000¿ and

2 insert: $4,415,514,000

3 Ω72æPage 40, line 11, strike out ø$3,440,871,000¿ and

4 insert: $3,597,371,000

5 Ω73æPage 40, line 17, strike out ø$869,823,000¿ and

6 insert: $873,662,000

7 Ω74æPage 40, line 22, strike out ø$89,500,000¿ and in8 sert: $88,774,000

9 Ω75æPage 41, line 8, after ‘‘therein’’ insert: , together

10 with any funds, to remain available until expended, that

11 represent the equitable share from the forfeiture of property

12 in investigations in which the Office of Inspector General

13 participated and which are transferred to the Office of the

14 Inspector General by the Department of Justice or the De15 partment of the Treasury

16 Ω76æPage 41, line 18, strike out ø$14,632,000¿ and in17 sert: $10,741,000

18 Ω77æPage 42, line 7, strike out øand section 1503¿

19 Ω78æPage 42, strike out lines 10 to 19 and insert:

20 SEC. 204. None of the funds made available by this

21 Act may be used to withhold payment to any State under

22 the Child Abuse Prevention and Treatment Act by reason
18

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1 of a determination that the State is not in compliance with

2 section 1340.2(d)(2)(ii) of title 45 of the Code of Federal

3 Regulations. This provision expires upon the date of enact4 ment of the reauthorization of the Child Abuse Prevention

5 and Treatment Act or upon September 30, 1995, whichever

6 occurs first.

7 Ω79æPage 43, after line 14, insert:

8 SEC. 206. None of the funds appropriated in this title

9 for the National Institutes of Health and the Substance

10 Abuse and Mental Health Services Administration shall be

11 used to pay the salary of an individual, through a grant

12 or other extramural mechanism, at a rate in excess of

13 $125,000 per year.

14 Ω80æPage 43, after line 14, insert:

15 SEC. 207. (a) Of the budgetary resources available to

16 the Department of Health and Human Services for space

17 rental charges (excluding Food and Drug Administration

18 and the Indian Health Service) during fiscal year 1995,

19 $4,505,000 are permanently canceled.

20 (b) The Secretary of Health and Human Services shall

21 allocate the amount of budgetary resources canceled among

22 the Department’s accounts (excluding the Food and Drug

23 Administration and the Indian Health Service) available

24 for space rental charges. Amounts available for space rental
19

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1 charges in each such account shall be reduced by the amount

2 allocated to such account.

3 Ω81æPage 43, after line 14, insert:

4 SEC. 208. Taps and other assessments made by any

5 office located in the Department of Health and Human

6 Services shall be treated as a reprogramming of funds and

7 shall not be available for obligation or expenditure except

8 in compliance with the Committee reprogramming proce9 dures.

10 Ω82æPage 43, after line 14, insert:

11 SEC. 209. None of the funds made available by this

12 Act shall be obligated or expended for storage or distribution

13 of publicly-purchased pediatric vaccine through a ware14 house and distribution facility operated by the General

15 Services Administration until such time as the Secretary

16 of Health and Human Services receives written approval

17 by the Appropriations Committees of both the House and

18 Senate: Provided, That such approval shall be contingent

19 upon the following requirements:

20 (1) All aspects of the ordering, storage, packag21 ing and distribution system are fully developed, tested

22 and validated in accordance with the requirements

23 imposed on commercial manufacturers and distribu24 tors.
20

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1 (2) The Commissioner of FDA has conducted a

2 complete review of all aspects of the system, has re3 viewed and verified documentation of testing and val4 idation procedures, and has provided documentation

5 to the Committees of both the House and the Senate

6 that all licensing and performance standards required

7 of commercial distributors have been met by the Gen8 eral Services Administration system.

9 (3) The Secretary has provided documentation to

10 the Committees of both Houses that the cost of the

11 General Services Administration system is lower than

12 the cost of private sector bids.

13 SEC. 210. VISAS FOR OFFICIALS OF TAIWAN.—Section

14 4(b)(6) of the Taiwan Relations Act (22 U.S.C. 3302(b)(6))

15 is amended—

16 (1) by inserting ‘‘(A)’’ immediately after ‘‘(6)’’;

17 and

18 (2) by adding at the end the following:

19 ‘‘(B) Whenever the president of Taiwan or any

20 other high-level official of Taiwan shall apply to visit

21 the United States for the purposes of discussions with

22 United States Federal or State Government officials

23 concerning:
21

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1 ‘‘(i) Trade or business with Taiwan that

2 will reduce the United States-Taiwan trade defi3 cit;

4 ‘‘(ii) Prevention of nuclear proliferation;

5 ‘‘(iii) Threats to the national security of the

6 United State;

7 ‘‘(iv) The protection of the global environ8 ment;

9 ‘‘(v) The protection of endangered species;

10 or

11 ‘‘(vi) Regional humanitarian disasters.

12 The official shall be admitted to the United States,

13 unless the official is otherwise excludable under the

14 immigration laws of the United States.’’.

15 Ω83æPage 43, after line 14, insert:

16 SEC. 211. (a) Of the funds appropriated or otherwise

17 made available for the Department of Health and Human

18 Services General Departmental Management for fiscal year

19 1995, the Secretary of Health and Human Services shall

20 transfer to the Office of the Inspector General such sums

21 as may be necessary for any expenses with respect to the

22 provision of security protection for the Secretary of Health

23 and Human Services.

24 (b) The Comptroller General of the United States shall

25 conduct a review on the need of personal security protection
22

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1 for all cabinet and subcabinet officials in the Federal Gov2 ernment, and shall not later than April 1, 1995, prepare

3 and submit a report to the Senate and House Committees

4 on Appropriations of the findings of the Comptroller.

5 Ω84æPage 43, after line 14, insert:

6 SEC. 212. DIRECTION TO THE SECRETARY OF HEALTH AND

7 HUMAN SERVICES REGARDING ACTION ON A

8 REQUEST FOR CERTAIN WAIVERS UNDER THE

9 AFDC PROGRAM.

10 In the event the Secretary of Health and Human Serv11 ices (hereafter referred to in this section as the ‘‘Secretary’’)

12 fails to approve the application for waivers to conduct a

13 demonstration project, known as JOBS Plus, under section

14 1115 of the Social Security Act submitted by the Oregon

15 Department of Human Resources on October 28, 1993,

16 (hereafter referred to in this section as the ‘‘application’’)

17 by the date of the enactment of this Act, notwithstanding

18 the Secretary’s authority to approve the application under

19 such section, the application shall be deemed approved.

20 Ω85æPage 43, lines 19 and 20, strike out øand III¿ and

21 insert: , III, and IV

22 Ω86æPage 44, line 5, strike out øpassed the House of

23 Representatives on March 24, 1994¿ and insert: passed

24 the Senate on August 2, 1994
23

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1 Ω87æPage 44, line 7, strike out ø$7,245,655,000¿ and

2 insert: $7,233,411,000

3 Ω88æPage 44, line 7, strike out ø$7,212,093,000¿ and

4 insert: $7,214,849,000

5 Ω89æPage 44, line 11, after ‘‘agencies,’’ insert: not less

6 than

7 Ω90æPage 44, line 14, strike out ø$37,244,000¿ and in8 sert: not less than $40,000,000

9 Ω91æPage 44, line 16, after ‘‘activities,’’ insert: no more

10 than

11 Ω92æPage 44, line 17, strike out ø$15,000,000 shall be

12 for demonstration grants,¿

13 Ω93æPage 44, lines 22 and 23, strike out øpassed the

14 House of Representatives on March 24, 1994¿ and insert:

15 passed the Senate on August 2, 1994

16 Ω94æPage 44, line 23, strike out ø$728,000,000¿ and

17 insert: $666,880,000

18 Ω95æPage 44, line 26, strike out ø8004(f)¿ and insert:

19 9004(f)

20 Ω96æPage 45, line 3, strike out øIII, IV, and V¿ and

21 insert: IV, V, VII, VIII, IX, and XV
24

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1 Ω97æPage 45, lines 5 and 6, strike out øpassed the

2 House of Representatives on March 24, 1994¿ and insert:

3 passed the Senate on August 2, 1994

4 Ω98æPage 45, line 9, strike out ø$1,424,513,000¿ and

5 insert: $1,570,201,000

6 Ω99æPage 45, line 9, strike out ø$1,158,695,000¿ and

7 insert: $1,264,849,000

8 Ω100æPage 45, line 11, strike out all after ‘‘that’’ down

9 to and including ‘‘3702’’ in line 12 and insert:

10 $100,000,000 shall be for education infrastructure under

11 title XV, $5,899,000 shall be for law related education under

12 section 8252, $37,393,000 shall be for dropout assistance

13 under part B of title V, $4,185,000 shall be for Ellender

14 Fellowships under part E of title VIII, $15,000,000 shall

15 be for education for Native Hawaiians under part C of title

16 IX, $13,000,000 shall be for part A of title VIII, and

17 $10,912,000 shall be for foreign language assistance under

18 part B of title VII

19 Ω101æPage 45, line 16, strike out øtitle VII¿ and insert:

20 titles VII and IX

21 Ω102æPage 45, line 18, strike out all after ‘‘as’’ down

22 to and including ‘‘Act’’ in line 20 and insert: passed the

23 Senate on August 2, 1994
25

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1 Ω103æPage 45, line 21, strike out ø$247,572,000¿ and

2 insert: $238,082,000

3 Ω104æPage 45, line 22, strike out øpart C¿ and insert:

4 subpart 3 of part A of title VII

5 Ω105æPage 45, line 23, after ‘‘program’’ insert: under

6 part B of title IX

7 Ω106æPage 45, line 26, strike out ø$3,106,634,000¿ and

8 insert: $3,299,459,000

9 Ω107æPage 45, line 26, strike out ø$2,858,973,000¿ and

10 insert: $2,753,300,000

11 Ω108æPage 46, line 2, after ‘‘1996’’ insert: , of which

12 $292,125,000 for section 686 shall become available for obli13 gation on September 30, 1995, and shall remain available

14 through September 30, 1996

15 Ω109æPage 46, line 8, strike out ø$2,355,600,000¿ and

16 insert: $2,413,675,000

17 Ω110æPage 46, line 13, strike out ø$6,406,000¿ and in18 sert: $6,680,000

19 Ω111æPage 46, line 17, strike out ø$41,462,000¿ and

20 insert: $43,191,000
26

HR 4606 EAS

1 Ω112æPage 46, strike out all after line 17 down to and

2 including ‘‘expended’’ in line 20 and insert: $336,000 shall

3 be for the endowment program as authorized under section

4 207 and shall be available until expended and $150,000

5 shall be for construction and shall be available until ex6 pended

7 Ω113æPage 46, line 26, strike out ø$76,742,000¿ and

8 insert: $80,030,000

9 Ω114æPage 46, line 26, strike out ø$991,000¿ and in10 sert: $1,000,000

11 Ω115æPage 47, line 6, after ‘‘Act,’’ the second time it

12 appears, insert: the National Literacy Act of 1991,

13 Ω116æPage 47, line 8, strike out ø$1,456,383,000, of

14 which $1,453,464,000¿ and insert: $1,475,736,000, of

15 which $1,472,817,000

16 Ω117æPage 47, line 14, strike out ø$25,767,000¿ and

17 insert: $37,096,000

18 Ω118æPage 47, line 17, strike out ø$13,000,000¿ and

19 insert: $23,245,000

20 Ω119æPage 47, line 19, strike out ø$4,916,000¿ and in21 sert: $6,000,000
27

HR 4606 EAS

1 Ω120æPage 47, line 21, strike out ø$5,400,000¿ and in2 sert: $3,900,000

3 Ω121æPage 47, lines 21 and 22, strike out øsections 382

4 and 383¿ and insert: section 383

5 Ω122æPage 48, line 3, strike out ø$7,825,417,000¿ and

6 insert: $7,685,524,000

7 Ω123æPage 48, line 5, strike out ø$54,322,000¿ and in8 sert: $72,429,000

9 Ω124æPage 48, after line 25 insert:

10 FEDERAL DIRECT STUDENT LOAN PROGRAM ACCOUNT

11 For the cost of direct loans authorized by title IV, part

12 D, of the Higher Education Act, as amended, such sums

13 as may be necessary to carry out the purposes of the pro14 gram, including such sums as may be derived from negative

15 subsidy receipts: Provided, That such costs, including costs

16 of modifying such loans, shall be as defined in section 502

17 of the Congressional Budget Act of 1974.

18 Ω125æPage 49, line 3, strike out øII, without regard to

19 section 241(d),¿

20 Ω126æPage 49, line 5, strike out øpart A, and subpart

21 1 of part B of title X,¿ and insert: VIII, IX, part A, sub22 part 1 of part B, and part D of title X, and
28

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1 Ω127æPage 49, line 6, after ‘‘1151,’’ insert: and section

2 1521 as amended by Public Law 103–239, to be adminis3 tered by the Secretary of Education,

4 Ω128æPage 49, line 6, strike out øand XV¿

5 Ω129æPage 49, lines 8 and 9, strike out øtitle VI, includ6 ing part C,¿ and insert: and title VI

7 Ω130æPage 49, lines 10 and 11, strike out øand Public

8 Law 102–423; $954,686,000, of which $8,248,000¿ and

9 insert: $946,703,000, of which $7,498,000

10 Ω131æPage 49, lines 14 and 15, strike out øand

11 $4,000,000 for Public Law 102–423¿

12 Ω132æPage 49, line 16, strike out all after ‘‘pended’’

13 down to and including ‘‘programs’’ in line 18

14 Ω133æPage 49, line 21, strike out ø$206,463,000¿ and

15 insert: $192,896,000

16 Ω134æPage 49, line 21, strike out ø$7,910,000¿ and in17 sert: $3,530,000

18 Ω135æPage 49, strike out all after line 24 down to and

19 including ‘‘construction’’ in line 26

20 Ω136æPage 50, line 14, strike out ø$134,000¿ and in21 sert: $168,000
29

HR 4606 EAS

1 Ω137æPage 50, line 19, strike out ø$8,000,000¿ and in2 sert: $10,000,000

3 Ω138æPage 52, line 2, strike out all after ‘‘1965’’ down

4 to and including ‘‘technology’’ in line 14 and insert: , as

5 amended by the Improving America’s Schools Act as passed

6 the Senate on August 2, 1994; the National Education Sta7 tistics Act of 1994, as passed the Senate on August 2, 1994;

8 and title VI of Public Law 103–227; $371,586,000: Pro9 vided, That $41,000,000 shall be for regional laboratories,

10 including rural initiatives and network activities;

11 $33,000,000 shall be for research centers; $43,000,000 shall

12 be for the Fund for the Improvement of Education, includ13 ing $5,000,000 for title VI of Public Law 103–227,

14 $3,000,000 for Elementary School Counseling Demonstra15 tions, $125,000 for National Student and Parent Mock

16 Elections, $1,000,000 for the Partnerships in Character

17 Education Pilot Project, $500,000 for Promoting Scholar18 Athlete Competitions, and $900,000 for 21st Century Com19 munity Learning Centers, as authorized by title VIII of the

20 Elementary and Secondary Education Act, as amended by

21 the Improving America’s Schools Act as passed the Senate

22 on August 2, 1994; $4,463,000 shall be for civic education

23 activities; $14,480,000 shall be for the National Diffusion

24 Network; $40,000,000 shall be for Eisenhower professional

25 development Federal activities, including not less than
30

HR 4606 EAS

1 $5,472,000 for the National Clearinghouse for Science and

2 Mathematics, $15,000,000 for regional consortia, and

3 $3,000,000 for part E of title II of the Elementary and Sec4 ondary Education Act, as amended by the Improving Amer5 ica’s Schools Act as passed the Senate on August 2, 1994;

6 and $50,000,000 shall be for education technology activities

7 under part A of title III of the Elementary and Secondary

8 Education Act, as amended by the Improving America’s

9 Schools Act as passed the Senate on August 2, 1994

10 Ω139æPage 52, lines 18 and 19, strike out øsection 222

11 of the Higher Education Act, $115,996,000¿ and insert:

12 title II of the Higher Education Act, $147,558,000, of which

13 $17,792,000 shall be used to carry out the provisions of title

14 II of the Library Services and Construction Act and shall

15 remain available until expended, and $4,916,000 shall be

16 for section 222 and $8,270,000 shall be for section 223 of

17 the Higher Education Act, of which $2,500,000 shall be for

18 demonstration of on-line and dial-in access to a statewide,

19 multitype library bibliographic data base through a state20 wide fiber optic network housing a point of presence in

21 every county, connecting library services in every munici22 pality, and $1,500,000 shall be for a demonstration project

23 making Federal information and other data bases available

24 for public use by connecting Internet to a multistate consor-
31

HR 4606 EAS

1 tium of public and private colleges and universities, a pub2 lic library system, and a State historical library

3 Ω140æPage 52, line 26, strike out ø$359,358,000¿ and

4 insert: $346,008,000

5 Ω141æPage 53, line 8, strike out ø$29,199,000¿ and in6 sert: $31,675,000

7 Ω142æPage 55, line 12, strike out ø$59,816,000¿ and

8 insert: $56,820,000

9 Ω143æPage 56, line 7, strike out ø$205,771,000¿ and

10 insert: $217,688,000

11 Ω144æPage 56, strike out lines 9 to 11 and insert:

12 For payment to the Corporation for Public Broadcast13 ing, as authorized by the Communications Act of 1934, an

14 amount which shall be available within limitations speci15 fied by that Act, for the fiscal year 1997, $330,000,000: Pro16 vided, That no funds made available to the Corporation for

17 Public Broadcasting by this Act shall be used to pay for

18 receptions, parties, or similar forms of entertainment for

19 Government officials or employees: Provided further, That

20 none of the funds contained in this paragraph shall be

21 available or used to aid or support any program or activity

22 from which any person is excluded, or is denied benefits,
32

HR 4606 EAS

1 or is discriminated against, on the basis of race, color, na2 tional origin, religion, or sex.

3 Ω145æPage 56, line 22, strike out ø$31,078,000¿ and

4 insert: $31,610,000

5 Ω146æPage 57, line 18, strike out ø$1,643,000¿ and in6 sert: $1,843,000

7 Ω147æPage 57, line 24, strike out ø$173,388,000¿ and

8 insert: $176,047,000

9 Ω148æPage 60, line 20, after ‘‘achieved’’ insert: : Pro10 vided further, That notwithstanding any other provision of

11 law, no portion of this limitation shall be available for pay12 ments of standard level user charges pursuant to section

13 210(j) of the Federal Property and Administrative Services

14 Act of 1949, as amended (40 U.S.C. 490(j); 45 U.S.C. 231–

15 231u)

16 Ω149æPage 61, line 15, strike out ø$6,682,000¿ and in17 sert: $6,860,000

18 Ω150æPage 61, line 22, strike out ø$10,912,000¿ and

19 insert: $11,500,000

20 Ω151æPage 64, strike out lines 9 to 19 and insert:

21 SEC. 507. No funds appropriated pursuant to this Act

22 may be expended by an entity unless the entity agrees that
33

HR 4606 EAS

1 in expending the assistance the entity will comply with sec2 tions 2 through 4 of the Act of March 3, 1933 (41 U.S.C.

3 10a–10c, popularly known as the ‘‘Buy American Act’’).

4 Ω152æPage 65, strike out lines 13 to 16

5 Ω153æPage 65, strike out lines 17 to 20 and insert:

6 SEC. 511. None of the funds appropriated or otherwise

7 made available under this Act may be obligated in violation

8 of existing Federal law or regulation already prohibiting

9 such benefit or assistance. None of the funds appropriated

10 under this Act may be used by any Federal official, or any

11 State or local official, to encourage the application by or

12 on behalf of illegal aliens for Federal or federally assisted

13 benefits for which they are not eligible. Each State agency

14 and each other entity administering a program under

15 which verification of immigration status is required by sec16 tion 121 of the Immigration Reform and Control Act of

17 1986 shall participate in the system for the verification of

18 such status established by the Commissioner of the Immi19 gration and Naturalization pursuant to section 121(c) of

20 that Act, unless an alternative system is available and em21 ployed for such purposes which is found to meet the criteria

22 for waiver under section 121(c)(4).

23 SEC. 512. Notwithstanding any other provision of law,

24 monthly benefit rates under part B or part C of the Black

25 Lung Benefits Act shall continue to be based on the benefit
34

HR 4606 EAS

1 rates in effect in September, 1994 and be paid in accord2 ance with the Act, until exceeded by the benefit rate speci3 fied in section 412(a)(1) of the Act.

4 SEC. 513. No more than one percent of salaries appro5 priated for each Agency in this Act may be expended by

6 that Agency on cash performance awards.

7 SEC. 514. Funds available for executive direction, ex8 cluding the Centers for Disease Control and Prevention, the

9 National Institutes of Health and the Social Security Ad10 ministration, shall not exceed the amounts set forth in the

11 budget estimates submitted to Congress for fiscal year 1995.

12 SEC. 515. (a) No appropriations for Agencies in this

13 Act may be used to fund non-formula grants or contracts

14 or modifications thereto to grantees or contractors deter15 mined by each Agency’s grant or contracting officer to have

16 previously included expressly unallowable costs in required

17 cost reports or in claims to the Government, unless such

18 grant or contract includes a clause which—

19 (1) specifically states that the costs previously

20 determined to be unallowable will not again be re21 ported as allowable costs or claimed for reimburse22 ment, and

23 (2) requires the submission of a certification by

24 the grantee or contractor attesting to (1) above.
35

HR 4606 EAS

1 (b) A grantee or contractor that knowingly submits a

2 cost report or claim for reimbursement which includes a

3 cost that is expressly specified by regulation as being unal4 lowable and which was determined to have been disallowed

5 in a previous grant or contract with this grantee or contrac6 tor shall be subject to the provisions of 18 U.S.C. 287, 31

7 U.S.C. 3729, and/or 31 U.S.C. 3801.

8 (c) The unallowability of a type of cost reported or

9 claimed for reimbursement may be evidenced by a prior

10 final determination by a grant or contracting officer of the

11 Agency disallowing such costs charged by that grantee or

12 contractor which determination is, where appropriate,

13 upheld by any adjudicatory body, such as an Administra14 tive Law Judge, Board of Contract Appeals, or other higher

15 level review provided by law or regulation.

16 SEC. 516. PROTECTION AGAINST THE HUMAN

17 IMMUNODEFICIENCY VIRUS.

18 Chapter 51 of title 18, United States Code, is amended

19 by adding at the end thereof the following new section:

20 ‘‘§ 1118. Protection against the Human

21 Immunodeficiency Virus

22 ‘‘(a) IN GENERAL.—Whoever, after testing positive for

23 the Human Immunodeficiency Virus (HIV) and receiving

24 actual notice of that fact, knowingly donates or sells, or

25 knowingly attempts to donate or sell, blood, semen, tissues,
36

HR 4606 EAS

1 organs, or other bodily fluids, except as determined nec2 essary for medical research, shall be fined or imprisoned

3 in accordance with subsection (c).

4 ‘‘(b) TRANSMISSION NOT REQUIRED.—Transmission of

5 the Human Immunodeficiency Virus does not have to occur

6 for a person to be convicted of a violation of this section.

7 ‘‘(c) PENALTY.—Any person convicted of violating the

8 provisions of subsection (a) shall be subject to a fine of not

9 less than $10,000 nor more than $20,000 and imprisoned

10 for not less than 1 year nor more than 10 years, or both.’’.

11 Ω154æPage 65, after line 20 insert:

12 SEC. 517. (a)(1) The Senate finds that Federal pay13 ments in lieu of taxes to counties compensate local jurisdic14 tions for services provided in areas owned by the Federal

15 Government and for tax revenues foregone due to such Fed16 eral ownership.

17 (2) PILT payments are critical to counties to provide

18 vital basic services such as emergency search and rescue;

19 law enforcement; fire and emergency medical services; solid

20 waste management, road maintenance, and health and

21 other human services.

22 (3) PILT payments have not been increased since

23 1976, and the consumer price index has risen 127 percent

24 since 1976.
37

HR 4606 EAS

1 (4) On April 13, 1994, the Senate approved legislation

2 to increase PILT payments by $115,000,000 over 5 years,

3 and index the payments to keep pace with inflation.

4 (5) Enactment of this legislation is critical to counties

5 in 49 States throughout the Nation.

6 (b) It is the sense of the Senate that the House should

7 approve the Senate passed legislation to increase PILT pay8 ments, and that this legislation should be enacted by the

9 adjournment of the One Hundred Third Congress. Further,

10 it is the sense of the Senate that, pursuant to enactment,

11 the President should include full funding for the PILT pro12 gram in the fiscal year 1996 budget.

13 Ω155æPage 65, after line 20 insert:

14 TITLE VI—EMERGENCY SUPPLEMENTAL

15 APPROPRIATIONS

16 Ω156æPage 65, after line 20, insert:

17 DEPARTMENT OF HEALTH AND HUMAN

18 SERVICES

19 PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND

20 For an additional amount for the Public Health and

21 Social Services Emergency Fund to be used to assist States

22 and local communities in recovering from the flooding

23 caused by tropical storm Alberto and other disasters,

24 $35,000,000 to remain available until expended: Provided,

25 That the entire amount is designated by the Congress as
38

HR 4606 EAS

1 an emergency requirement pursuant to section

2 251(b)(2)(D)(i) of the Balanced Budget and Emergency

3 Deficit Control Act of 1985, as amended: Provided further,

4 That the entire amount shall be available only to the extent

5 an official budget request, for a specific dollar amount, that

6 includes designation of the entire amount of the request as

7 an emergency requirement, as defined in the Balanced

8 Budget and Emergency Deficit Control Act of 1985 as

9 amended, is transmitted by the President to the Congress.

10 Ω157æPage 65, after line 20 insert:

11 DEPARTMENT OF EDUCATION

12 IMPACT AID

13 For carrying out disaster assistance activities related

14 to the flooding caused by tropical storm Alberto and other

15 disasters, authorized under section 7(a) of Public Law 81–

16 874, $10,000,000, to remain available until expended, of

17 which $10,000,000 shall be available from funds provided

18 under the heading ‘‘DEPARTMENT OF EDUCATION’’

19 under the heading ‘‘IMPACT AID’’ in the Emergency Supple20 mental Appropriations Act of 1994 (Public Law 103–211):

21 Provided, That such funds shall be available only to the

22 extent an official budget request for a specific dollar

23 amount, that includes designation of the entire amount of

24 the request as an emergency requirement as defined in the

25 Balanced Budget and Emergency Deficit Control Act of
39

HR 4606 EAS

1 1985, as amended, is transmitted by the President to the

2 Congress: Provided, That the entire amount is designated

3 by the Congress as an emergency requirement pursuant to

4 section 251(b)(2)(D)(i) of the Balanced Budget and Emer5 gency Deficit Control Act of 1985, as amended.

Attest:

Secretary.
40

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