IB

103D CONGRESS

2D SESSION H. R. 4606

IN THE HOUSE OF REPRESENTATIVES

AUGUST 10, 1994

Ordered to be printed with the amendments of the Senate numbered

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 That the following sums are appropriated, out of any

4 money in the Treasury not otherwise appropriated, for the

5 Departments of Labor, Health and Human Services, and

6 Education, and related agencies for the fiscal year ending

7 September 30, 1995, and for other purposes, namely:
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1 TITLE I—DEPARTMENT OF LABOR

2 EMPLOYMENT AND TRAINING ADMINISTRATION

3 PROGRAM ADMINISTRATION

4 For expenses of administering employment and train5 ing programs and for carrying out section 908 of the So6 cial Security Act, $90,276,000, together with not to ex7 ceed $45,073,000, which may be expended from the Em8 ployment Security Administration account in the Unem9 ployment Trust Fund.

10 TRAINING AND EMPLOYMENT SERVICES

11 Ω1æ(INCLUDING RESCISSION)

12 For expenses necessary to carry into effect the Job

13 Training Partnership Act, as amended, including the pur14 chase and hire of passenger motor vehicles, the construc15 tion, alteration, and repair of buildings and other facili16 ties, and the purchase of real property for training centers

17 as authorized by the Job Training Partnership Act; title

18 II of the Civil Rights Act of 1991; title XV, part A of

19 Public Law 102–325; title VII, subtitle C of the Stewart

20 B. McKinney Homeless Assistance Act; the Women in Ap21 prenticeship and Nontraditional Occupations Act; Goals

22 2000: Educate America Act; and the School-to-Work Op23 portunities Act; Ω2æ$5,524,991,000 $5,468,217,000 plus

24 reimbursements, of which Ω3æ$5,035,179,000

25 $5,234,055,000 is available for obligation for the period

26 July 1, 1995 through June 30, 1996; of which
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1 Ω4æ$150,000,000 $126,556,000 is available for the period

2 July 1, 1995 through June 30, 1998 for necessary ex3 penses of construction, rehabilitation, and acquisition of

4 Job Corps centers, Ω5æincluding $51,254,000 for new cen5 ters; of which $184,788,000 shall be available for the pe6 riod October 1, 1994 through June 30, 1995; and of which

7 Ω6æ$140,000,000 $100,000,000 shall be available for obli8 gation from July 1, 1995 through September 30, 1996,

9 for carrying out activities of the School-to-Work Opportu10 nities Act: Provided, That Ω7æ$63,666,000 $64,218,000

11 shall be for carrying out section 401 of the Job Training

12 Partnership Act, Ω8æ$84,841,000 $86,000,000 shall be for

13 carrying out section 402 of such Act, $8,880,000 shall be

14 for carrying out section 441 of such Act, Ω9æ$1,500,000

15 $2,223,000 shall be for the National Commission for Em16 ployment Policy, Ω10æ$5,579,000 $6,000,000 shall be for

17 all activities conducted by and through the National Occu18 pational Information Coordinating Committee under such

19 Act, $3,861,000 shall be for service delivery areas under

20 section 101(a)(4)(A)(iii) of such Act in addition to

21 amounts otherwise provided under sections 202, 252 and

22 262 of the Act, Ω11æ$1,044,813,000 $1,064,813,000 shall

23 be for carrying out title II, part A of such Act, and

24 $598,682,000 shall be for carrying out title II, part C of

25 such Act: Provided further, That no funds from any other
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1 appropriation shall be used to provide meal services at or

2 for Job Corps centersΩ12æ: Provided further, That funds

3 used from this Act to carry out title III of the Job Training

4 Partnership Act shall not be subject to the limitation con5 tained in subsection (b) of section 315 of such Act; that the

6 waiver allowing a reduction in the cost limitation relating

7 to retraining services described in subsection (a)(2) of such

8 section 315 may be granted with respect to funds used from

9 this Act if a substate grantee demonstrates to the Governor

10 that such waiver is appropriate due to the availability of

11 low-cost retraining services, is necessary to facilitate the

12 provision of needs-related payments to accompany long13 term training, or is necessary to facilitate the provision of

14 appropriate basic readjustment services; and that funds

15 used from this Act to carry out the Secretary’s discretionary

16 grants under part B of such title III may be used to provide

17 needs-related payments to participants who, in lieu of meet18 ing the requirements relating to enrollment in training

19 under section 314(e) of such Act, are enrolled in training

20 by the end of the sixth week after grant funds have been

21 awarded.

22 Ω13æOf the amounts made available in fiscal year

23 1994 under the Job Training Partnership Act, title II–C,

24 $50,000,000 are hereby rescinded.
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1 COMMUNITY SERVICE EMPLOYMENT FOR OLDER

2 AMERICANS

3 To carry out the activities for national grants or con4 tracts with public agencies and public or private nonprofit

5 organizations under paragraph (1)(A) of section 506(a)

6 of title V of the Older Americans Act of 1965, as amended,

7 $320,190,000.

8 To carry out the activities for grants to States under

9 paragraph (3) of section 506(a) of title V of the Older

10 Americans Act of 1965, as amended, $90,310,000.

11 FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES

12 For payments during the current fiscal year of bene13 fits and payments as authorized by title II of Public Law

14 95–250, as amended, and of trade adjustment benefit pay15 ments and allowances under part I, and for training, for

16 allowances for job search and relocation, and for related

17 State administrative expenses under part II, subchapters

18 B and D, chapter 2, title II of the Trade Act of 1974,

19 as amended, $274,400,000 together with such amounts as

20 may be necessary to be charged to the subsequent appro21 priation for payments for any period subsequent to Sep22 tember 15 of the current year.

23 STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT

24 SERVICE OPERATIONS

25 For activities authorized by the Act of June 6, 1933,

26 as amended (29 U.S.C. 49–49l–1; 39 U.S.C.
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1 3202(a)(1)(E)); title III of the Social Security Act, as

2 amended (42 U.S.C. 502–504); necessary administrative

3 expenses for carrying out 5 U.S.C. 8501–8523, and sec4 tions 225, 231–235, 243–244, and 250(d)(1), 250(d)(3),

5 title II of the Trade Act of 1974, as amended; as author6 ized by section 7c of the Act of June 6, 1933, as amended,

7 necessary administrative expenses under sections

8 101(a)(15)(H), 212(a)(5)(A), (m) (2) and (3), (n)(1), and

9 218(g) (1), (2), and (3), and 258(c) of the Immigration

10 and Nationality Act, as amended (8 U.S.C. 1101 et seq.);

11 necessary administrative expenses to carry out the Tar12 geted Jobs Tax Credit Program under section 51 of the

13 Internal Revenue Code of 1986, and section 221(a) of the

14 Immigration Act of 1990, Ω14æ$146,697,000

15 $147,351,000, together with not to exceed

16 Ω15æ$3,269,013,000 $3,280,357,000 (including not to ex17 ceed $1,653,000 which may be used for amortization pay18 ments to States which had independent retirement plans

19 in their State employment service agencies prior to 1980,

20 and including not to exceed $1,000,000 which may be obli21 gated in contracts with non-State entities for activities

22 such as occupational and test research activities which

23 benefit the Federal-State Employment Service System),

24 which may be expended from the Employment Security

25 Administration account in the Unemployment Trust
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1 Fund, and of which the sums available in the allocation

2 for activities authorized by title III of the Social Security

3 Act, as amended (42 U.S.C. 502–504), and the sums

4 available in the allocation for necessary administrative ex5 penses for carrying out 5 U.S.C. 8501–8523, shall be

6 available for obligation by the States through December

7 31, 1995, except that funds used for automation acquisi8 tions shall be available for obligation by States through

9 September 30, 1997; and of which Ω16æ$144,763,000

10 $145,417,000 together with not to exceed

11 Ω17æ$817,224,000 $821,803,000 of the amount which may

12 be expended from said trust fund shall be available for

13 obligation for the period July 1, 1995, through June 30,

14 1996, to fund activities under the Act of June 6, 1933,

15 as amended, including the cost of penalty mail made avail16 able to States in lieu of allotments for such purpose, and

17 of which Ω18æ$232,437,000 $226,000,000 shall be avail18 able only to the extent necessary for additional State allo19 cations to administer unemployment compensation laws to

20 finance increases in the number of unemployment insur21 ance claims filed and claims paid or changes in a State

22 law: Provided, That to the extent that the Average Weekly

23 Insured Unemployment (AWIU) for fiscal year 1995 is

24 projected by the Department of Labor to exceed 2.772

25 million, an additional Ω19æ$27,800,000 $30,000,000 shall
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1 be available for obligation for every 100,000 increase in

2 the AWIU level (including a pro rata amount for any in3 crement less than 100,000) from the Employment Secu4 rity Administration Account of the Unemployment Trust

5 Fund: Provided further, That funds appropriated in this

6 Act and in Public Law 103–112 which are used to estab7 lish a national one-stop career center network may be obli8 gated in contracts, grants or agreements with non-State

9 entitiesΩ20æ: Provided further, That funds appropriated

10 under this Act for activities authorized under the Wagner11 Peyser Act, as amended, and title III of the Social Security

12 Act, may be used by the States to fund integrated Employ13 ment Service and Unemployment Insurance automation ef14 forts, notwithstanding cost allocation principles prescribed

15 under Office of Management and Budget Circular A–87.

16 ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND

17 OTHER FUNDS

18 For repayable advances to the Unemployment Trust

19 Fund as authorized by sections 905(d) and 1203 of the

20 Social Security Act, as amended, and to the Black Lung

21 Disability Trust Fund as authorized by section 9501(c)(1)

22 of the Internal Revenue Code of 1954, as amended; and

23 for nonrepayable advances to the Unemployment Trust

24 Fund as authorized by section 8509 of title 5, United

25 States Code, and section 104(d) of Public Law 102–164,

26 and section 5 of Public Law 103–6, and to the ‘‘Federal
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1 unemployment benefits and allowances’’ account, to re2 main available until September 30, 1996, $686,000,000.

3 In addition, for making repayable advances to the

4 Black Lung Disability Trust Fund in the current fiscal

5 year after September 15, 1995, for costs incurred by the

6 Black Lung Disability Trust Fund in the current fiscal

7 year, such sums as may be necessary.

8 OFFICE OF THE AMERICAN WORKPLACE

9 SALARIES AND EXPENSES

10 For necessary expenses for the Office of the Amer11 ican Workplace, Ω21æ$30,411,000 $32,225,000.

12 PENSION AND WELFARE BENEFITS ADMINISTRATION

13 SALARIES AND EXPENSES

14 For necessary expenses for Pension and Welfare Ben15 efits Administration, Ω22æ$66,388,000 $69,454,000.

16 PENSION BENEFIT GUARANTY CORPORATION

17 PENSION BENEFIT GUARANTY CORPORATION FUND

18 The Pension Benefit Guaranty Corporation is author19 ized to make such expenditures, including financial assist20 ance authorized by section 104 of Public Law 96–364,

21 within limits of funds and borrowing authority available

22 to such Corporation, and in accord with law, and to make

23 such contracts and commitments without regard to fiscal

24 year limitations as provided by section 104 of the Govern25 ment Corporation Control Act, as amended (31 U.S.C.
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1 9104), as may be necessary in carrying out the program

2 through September 30, 1995, for such Corporation: Pro3 vided, That not to exceed $11,493,000 shall be available

4 for administrative expenses of the Corporation: Provided

5 further, That expenses of such Corporation in connection

6 with the termination of pension plans, for the acquisition,

7 protection or management, and investment of trust assets,

8 and for benefits administration services shall be consid9 ered as non-administrative expenses for the purposes here10 of, and excluded from the above limitation.

11 EMPLOYMENT STANDARDS ADMINISTRATION

12 SALARIES AND EXPENSES

13 For necessary expenses for the Employment Stand14 ards Administration, including reimbursement to State,

15 Federal, and local agencies and their employees for inspec16 tion services rendered, Ω23æ$242,860,000 $248,667,000,

17 together with $1,059,000 which may be expended from the

18 Special Fund in accordance with sections 39(c) and 44(j)

19 of the Longshore and Harbor Workers’ Compensation Act:

20 Provided, That the Secretary of Labor is authorized to ac21 cept, retain, and spend, until expended, in the name of

22 the Department of Labor, all sums of money ordered to

23 be paid to the Secretary of Labor, in accordance with the

24 terms of the Consent Judgment in Civil Action No. 91–

25 0027 of the United States District Court for the District
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1 of the Northern Mariana Islands (May 21, 1992): Pro2 vided further, That the Secretary of Labor is authorized

3 to establish and, in accordance with 31 U.S.C. 3302, col4 lect and deposit in the Treasury fees for processing appli5 cations and issuing certificates under sections 11(d) and

6 14 of the Fair Labor Standards Act of 1938, as amended

7 (29 U.S.C. 211(d) and 214) and for processing applica8 tions and issuing registrations under Title I of the Mi9 grant and Seasonal Agricultural Worker Protection Act,

10 29 U.S.C. 1801 et seq.

11 SPECIAL BENEFITS

12 (INCLUDING TRANSFER OF FUNDS)

13 For the payment of compensation, benefits, and ex14 penses (except administrative expenses) accruing during

15 the current or any prior fiscal year authorized by title 5,

16 chapter 81 of the United States Code; continuation of ben17 efits as provided for under the head ‘‘Civilian War Bene18 fits’’ in the Federal Security Agency Appropriation Act,

19 1947; the Employees’ Compensation Commission Appro20 priation Act, 1944; and sections 4(c) and 5(f) of the War

21 Claims Act of 1948 (50 U.S.C. App. 2012); and 50 per

22 centum of the additional compensation and benefits re23 quired by section 10(h) of the Longshore and Harbor

24 Workers’ Compensation Act, as amended, $258,000,000

25 together with such amounts as may be necessary to be

26 charged to the subsequent year appropriation for the pay-
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1 ment of compensation and other benefits for any period

2 subsequent to August 15 of the current year: Provided,

3 That such sums as are necessary may be used for a dem4 onstration project under section 8104 of title 5, United

5 States Code, in which the Secretary may reimburse an em6 ployer, who is not the employer at the time of injury, for

7 portions of the salary of a reemployed, disabled bene8 ficiary: Provided further, That balances of reimbursements

9 unobligated on September 30, 1994, shall remain available

10 until expended for the payment of compensation, benefits,

11 and expenses: Provided further, That in addition there

12 shall be transferred to this appropriation from the Postal

13 Service and from any other corporation or instrumentality

14 required under section 8147(c) of title 5, United States

15 Code, to pay an amount for its fair share of the cost of

16 administration, such sums as the Secretary of Labor de17 termines to be the cost of administration for employees

18 of such fair share entities through September 30, 1995:

19 Provided further, That of those funds transferred to this

20 account from the fair share entities to pay the cost of ad21 ministration, $5,299,000 shall be made available to the

22 Secretary of Labor for expenditures relating to capital im23 provements in support of Federal Employees’ Compensa24 tion Act administration, and the balance of such funds

25 shall be paid into the Treasury as miscellaneous receipts:
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1 Provided further, That the Secretary may require that any

2 person filing a notice of injury or a claim for benefits

3 under Subchapter 5, U.S.C., Chapter 81, or under Sub4 chapter 33, U.S.C. 901, et seq. (the Longshore and Har5 bor Workers’ Compensation Act, as amended), provide as

6 part of such notice and claim, such identifying information

7 (including Social Security account number) as such regu8 lations may prescribe.

9 BLACK LUNG DISABILITY TRUST FUND

10 (INCLUDING TRANSFER OF FUNDS)

11 For payments from the Black Lung Disability Trust

12 Fund, $994,864,000, of which $943,005,000 shall be

13 available until September 30, 1996, for payment of all

14 benefits as authorized by section 9501(d) (1), (2), (4), and

15 (7), of the Internal Revenue Code of 1954, as amended,

16 and interest on advances as authorized by section

17 9501(c)(2) of that Act, and of which $28,216,000 shall

18 be available for transfer to Employment Standards Ad19 ministration, Salaries and Expenses, and $23,333,000 for

20 transfer to Departmental Management, Salaries and Ex21 penses, and $310,000 for transfer to Departmental Man22 agement, Office of Inspector General, for expenses of oper23 ation and administration of the Black Lung Benefits pro24 gram as authorized by section 9501(d)(5)(A) of that Act:

25 Provided, That in addition, such amounts as may be nec26 essary may be charged to the subsequent year appropria-
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1 tion for the payment of compensation, interest, or other

2 benefits for any period subsequent to June 15 of the cur3 rent year: Provided further, That in addition such amounts

4 shall be paid from this fund into miscellaneous receipts

5 as the Secretary of the Treasury determines to be the ad6 ministrative expenses of the Department of the Treasury

7 for administering the fund during the current fiscal year,

8 as authorized by section 9501(d)(5)(B) of that Act.

9 OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION

10 SALARIES AND EXPENSES

11 For necessary expenses for the Occupational Safety

12 and Health Administration, $312,500,000, including not

13 to exceed $70,615,000 which shall be the maximum

14 amount available for grants to States under section 23(g)

15 of the Occupational Safety and Health Act, which grants

16 shall be no less than fifty percent of the costs of State

17 occupational safety and health programs required to be

18 incurred under plans approved by the Secretary under sec19 tion 18 of the Occupational Safety and Health Act of

20 1970; and, in addition, notwithstanding 31 U.S.C. 3302,

21 the Occupational Safety and Health Administration may

22 retain up to $500,000 per fiscal year of training institute

23 course tuition fees, otherwise authorized by law to be col24 lected, and may utilize such sums for occupational safety

25 and health training and education grants: Provided, That
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1 none of the funds appropriated under this paragraph shall

2 be obligated or expended to prescribe, issue, administer,

3 or enforce any standard, rule, regulation, or order under

4 the Occupational Safety and Health Act of 1970 which

5 is applicable to any person who is engaged in a farming

6 operation which does not maintain a temporary labor

7 camp and employs ten or fewer employees: Provided fur8 ther, That no funds appropriated under this paragraph

9 shall be obligated or expended to administer or enforce

10 any standard, rule, regulation, or order under the Occupa11 tional Safety and Health Act of 1970 with respect to any

12 employer of ten or fewer employees who is included within

13 a category having an occupational injury lost workday case

14 rate, at the most precise Standard Industrial Classifica15 tion Code for which such data are published, less than the

16 national average rate as such rates are most recently pub17 lished by the Secretary, acting through the Bureau of

18 Labor Statistics, in accordance with section 24 of that Act

19 (29 U.S.C. 673), except—

20 (1) to provide, as authorized by such Act, con21 sultation, technical assistance, educational and train22 ing services, and to conduct surveys and studies;

23 (2) to conduct an inspection or investigation in

24 response to an employee complaint, to issue a cita25 tion for violations found during such inspection, and
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1 to assess a penalty for violations which are not cor2 rected within a reasonable abatement period and for

3 any willful violations found;

4 (3) to take any action authorized by such Act

5 with respect to imminent dangers;

6 (4) to take any action authorized by such Act

7 with respect to health hazards;

8 (5) to take any action authorized by such Act

9 with respect to a report of an employment accident

10 which is fatal to one or more employees or which re11 sults in hospitalization of two or more employees,

12 and to take any action pursuant to such investiga13 tion authorized by such Act; and

14 (6) to take any action authorized by such Act

15 with respect to complaints of discrimination against

16 employees for exercising rights under such Act:

17 Provided further, That the foregoing proviso shall not

18 apply to any person who is engaged in a farming operation

19 which does not maintain a temporary labor camp and em20 ploys ten or fewer employees.

21 MINE SAFETY AND HEALTH ADMINISTRATION

22 SALARIES AND EXPENSES

23 For necessary expenses for the Mine Safety and

24 Health Administration, Ω24æ$197,519,000 $201,238,000,

25 of which $5,851,000 shall be for the State Grants Pro-
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1 gram, including purchase and bestowal of certificates and

2 trophies in connection with mine rescue and first-aid work,

3 and the hire of passenger motor vehicles; the Secretary

4 is authorized to accept lands, buildings, equipment, and

5 other contributions from public and private sources and

6 to prosecute projects in cooperation with other agencies,

7 Federal, State, or private; the Mine Safety and Health Ad8 ministration is authorized to promote health and safety

9 education and training in the mining community through

10 cooperative programs with States, industry, and safety as11 sociations; and any funds available to the Department may

12 be used, with the approval of the Secretary, to provide

13 for the costs of mine rescue and survival operations in the

14 event of a major disaster: Provided, That none of the

15 funds appropriated under this paragraph shall be obli16 gated or expended to carry out section 115 of the Federal

17 Mine Safety and Health Act of 1977 or to carry out that

18 portion of section 104(g)(1) of such Act relating to the

19 enforcement of any training requirements, with respect to

20 shell dredging, or with respect to any sand, gravel, surface

21 stone, surface clay, colloidal phosphate, or surface lime22 stone mine.
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1 BUREAU OF LABOR STATISTICS

2 SALARIES AND EXPENSES

3 For necessary expenses for the Bureau of Labor Sta4 tistics, including advances or reimbursements to State,

5 Federal, and local agencies and their employees for serv6 ices rendered, Ω25æ$296,761,000 $298,761,000, of which

7 $5,134,000 shall be for expenses of revising the Consumer

8 Price Index and shall remain available until September 30,

9 1996, together with not to exceed $54,102,000, which may

10 be expended from the Employment Security Administra11 tion account in the Unemployment Trust Fund.

12 DEPARTMENTAL MANAGEMENT

13 SALARIES AND EXPENSES

14 For necessary expenses for Departmental Manage15 ment, including the hire of five sedans, and including up

16 to $4,392,000 for the President’s Committee on Employ17 ment of People With Disabilities, Ω26æand including

18 $2,500,000 for the International Program on the Elimi19 nation of Child Labor notwithstanding any other provision

20 of law, Ω27æ$156,002,000, which includes $6,500,000

21 which shall remain available until expended for use by ap22 propriate Departmental agencies for ADP equipment ac23 quisition, systems development and associated support re24 lated to Departmental enforcement programs;

25 $152,818,000 together with not to exceed $328,000, which
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1 may be expended from the Employment Security Adminis2 tration account in the Unemployment Trust Fund.

3 ASSISTANT SECRETARY FOR VETERANS EMPLOYMENT

4 AND TRAINING

5 Not to exceed Ω28æ$185,281,000 $187,964,000 may

6 be derived from the Employment Security Administration

7 account in the Unemployment Trust Fund to carry out

8 the provisions of 38 U.S.C. 2001–10 and 2021–26.

9 OFFICE OF INSPECTOR GENERAL

10 For salaries and expenses of the Office of Inspector

11 General in carrying out the provisions of the Inspector

12 General Act of 1978, as amended, Ω29æ$47,676,000

13 $48,535,000, together with not to exceed Ω30æ$3,860,000

14 $3,966,000, which may be expended from the Employment

15 Security Administration account in the Unemployment

16 Trust Fund.

17 GENERAL PROVISIONS

18 Ω31æSEC. 101. None of the funds in the Employees’

19 Compensation Fund under 5 U.S.C. 8147 shall hereafter

20 be expended for payment of compensation, benefits, and

21 expenses to any individual convicted of a violation of 18

22 U.S.C. 1920, or of any felony fraud related to the applica23 tion for or receipt of benefits under subchapters I or III

24 of chapter 81 of title 5, United States Code.
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1 Ω32æSEC. 101. DETERRENCE OF FRAUD AND ABUSE

2 IN THE FEDERAL EMPLOYEE’S WORKER COMPENSA3 TION PROGRAM.

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

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

6 following new section:

7 ‘‘§ 8148. Forfeiture of benefits by convicted felons

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

9 1920 of title 18, or any other Federal or State criminal

10 statute relating to fraud in the application for a receipt

11 of any benefit under this subchapter or subchapter III of

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

13 any entitlement to any benefit such individual would other14 wise be entitled to under this subchapter or subchapter III

15 for any injury occurring on or before the date of such con16 viction. Such forfeiture shall be in addition to any action

17 the Secretary may take under section 8106 or 8129.

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

19 chapter (except as provided under paragraph (3)), no bene20 fits under this subchapter or subchapter III of this chapter

21 shall be paid or provided to any individual during any

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

23 prison, or other penal institution or correctional facility,

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

25 constituted a felony under applicable law.
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1 ‘‘(2) Such individual shall not be entitled to receive

2 the benefits forfeited during the period of incarceration

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

4 ends.

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

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

7 during the period of incarceration, pay to such dependents

8 a percentage of the benefits that would have been payable

9 to such individual computed according to the percentages

10 set forth in section 8133(a) (1) through (5).

11 ‘‘(c) Notwithstanding the provision of section 552a of

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

13 any agency of the United States Government or of any

14 State (or political subdivision thereof) shall make available

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

16 and Social Security account numbers of individuals who

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

18 or correctional facility under the jurisdiction of such agen19 cy, pursuant to such individuals’ conviction of an offense

20 that constituted a felony under applicable law, which the

21 Secretary of Labor may require to carry out the provisions

22 of this section.’’.

23 (2) The table of sections for chapter 81 of title 5, Unit24 ed States Code, is amended by inserting after the item relat25 ing to section 8147 the following new item:

‘‘8148. Forfeiture of benefits by convicted felons.’’.
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1 (b) CRIMINAL PENALTIES.—(1) Section 1920 of title

2 18, United States Code, is amended to read as follows:

3 ‘‘§ 1920. False statement or fraud to obtain Federal

4 employee’s compensation

5 ‘‘Whoever knowingly and willfully falsifies, conceals,

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

7 or fraudulent statement or representation, or makes or uses

8 a false statement or report knowing the same to contain

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

10 connection with the application for or receipt of compensa11 tion or other benefit or payment under subchapter I or III

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

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

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

15 years, or both; but if the amount of the benefits falsely ob16 tained does not exceed $1,000, such person shall be punished

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

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

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

20 United States Code, is amended by amending the item re21 lating to section 1920 to read as follows:

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

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

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

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

25 to claims filed before, on, or after the date of enactment
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1 of this Act, and shall apply only to individuals convicted

2 after such date of enactment.

3 SEC. 102. None of the funds appropriated under this

4 Act shall be expended by the Secretary of Labor to imple5 ment or administer either the final or proposed regulations

6 referred to in section 303 of Public Law 102–27.

7 (TRANSFER OF FUNDS)

8 SEC. 103. Not to exceed 1 percent of any appropria9 tion made available for the current fiscal year for the De10 partment of Labor in this Act may be transferred between

11 such appropriations, but no such appropriation shall be

12 increased by more than 3 percent by any such transfers:

13 Provided, That any transfer pursuant to this section shall

14 be treated as a reprogramming of funds under section 104

15 of this Act and shall not be available for obligation or ex16 penditure except in compliance with the procedures set

17 forth in that section.

18 SEC. 104. (a) None of the funds provided under this

19 Act to the Department of Labor shall be available for obli20 gation or expenditure through a reprogramming of funds

21 which: (1) creates new programs; (2) eliminates a pro22 gram, project, or activity; (3) increases funds or personnel

23 by any means for any project or activity for which funds

24 have been denied or restricted; (4) relocates an office or

25 employees; (5) reorganizes offices, programs, or activities;

26 or (6) contracts out or privatizes any functions or activi-
24

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1 ties presently performed by Federal employees; unless the

2 Appropriations Committees of both Houses of Congress

3 are notified fifteen days in advance of such

4 reprogramming of funds.

5 (b) None of the funds provided under this Act to the

6 Department of Labor shall be available for obligation or

7 expenditure for activities, programs, or projects through

8 a reprogramming of funds in excess of $500,000 or 10

9 percent, whichever is less, that: (1) augments existing pro10 grams, projects, or activities; (2) reduces by 10 percent

11 funding for any existing program, project, or activity, or

12 numbers of personnel by 10 percent as approved by Con13 gress; or (3) results from any general savings from a re14 duction in personnel which would result in a change in

15 existing programs, activities, or projects as approved by

16 Congress, unless the Appropriations Committees of both

17 Houses of Congress are notified fifteen days in advance

18 of such reprogramming of funds.

19 Ω33æSEC. 105. The Secretary of Labor may, in his

20 discretion, utilize funds appropriated in this and subse21 quent Acts to engage in joint projects, or perform services,

22 on matters of mutual interest, with nonprofit organizations,

23 research organizations, or public organizations or agencies,

24 the cost of which shall be apportioned equitably, as deter25 mined by the Secretary: Provided, That such funds shall
25

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1 not be treated as a reprogramming and shall not be avail2 able for obligation or expenditure except in compliance with

3 the committee reprogramming procedures.

4 SEC. 106. The Secretary of Labor is authorized to ac5 cept, in the name of the Department of Labor, and employ

6 or dispose of in furtherance of authorized activities of the

7 Department of Labor, during the fiscal year ending Sep8 tember 30, 1995, and each fiscal year thereafter, any money

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

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

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

12 is amended by inserting at the end thereof: ‘‘The Commis13 sioner of Labor Statistics, Department of Labor.’’.

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

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

16 of Labor.’’.

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

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

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

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

21 This title may be cited as the ‘‘Department of Labor

22 Appropriations Act, 1995’’.
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1 TITLE II—DEPARTMENT OF HEALTH AND

2 HUMAN SERVICES

3 HEALTH RESOURCES AND SERVICES ADMINISTRATION

4 HEALTH RESOURCES AND SERVICES

5 For carrying out titles II, III, VII, VIII, X, XII, XVI,

6 XIX, and XXVI of the Public Health Service Act, section

7 427(a) of the Federal Coal Mine Health and Safety Act,

8 title V of the Social Security Act, the Health Care Quality

9 Improvement Act of 1986, as amended, Public Law 101–

10 527, and the Native Hawaiian Health Care Act of 1988,

11 as amended, Ω34æ$3,008,225,000 $3,066,254,000, of

12 which $411,000 shall remain available until expended for

13 interest subsidies on loan guarantees made prior to fiscal

14 year 1981 under part B of title VII of the Public Health

15 Service Act: Provided, That when the Department of

16 Health and Human Services administers or operates an

17 employee health program for any Federal department or

18 agency, payment for the full estimated cost shall be made

19 by way of reimbursement or in advance to this appropria20 tion: Provided further, That of the funds made available

21 under this heading, $933,000 shall be available until ex22 pended for facilities renovations at the Gillis W. Long

23 Hansen’s Disease Center: Provided further, That in addi24 tion to fees authorized by section 427(b) of the Health

25 Care Quality Improvement Act of 1986, fees shall be col-
27

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1 lected for the full disclosure of information under the Act

2 sufficient to recover the full costs of operating the Na3 tional Practitioner Data Bank, and shall remain available

4 until expended to carry out that ActΩ35æ: Provided fur5 ther, That of the amounts available for Area Health Edu6 cation Centers, $25,000,000 shall be for section 746(i)(1)(A)

7 of the Health Professions Education Extension Amendments

8 of 1992, notwithstanding section 746(i)(1)(C)Ω36æ: Pro9 vided further, That of the funds made available under this

10 heading for program administration, $3,000,000 shall be

11 made available for grants to cities under title XXVI, sec12 tions 2601–2608 of the Public Health Service ActΩ37æ:

13 Provided further, That no more than $5,000,000 is avail14 able for carrying out the provisions of Public Law 102–

15 501.

16 MEDICAL FACILITIES GUARANTEE AND LOAN FUND

17 FEDERAL INTEREST SUBSIDIES FOR MEDICAL FACILITIES

18 For carrying out subsections (d) and (e) of section

19 1602 of the Public Health Service Act, $9,000,000, to20 gether with any amounts received by the Secretary in con21 nection with loans and loan guarantees under title VI of

22 the Public Health Service Act, to be available without fis23 cal year limitation for the payment of interest subsidies.

24 During the fiscal year, no commitments for direct loans

25 or loan guarantees shall be made.
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1 HEALTH EDUCATION ASSISTANCE LOANS PROGRAM

2 For the cost of guaranteed loans, such sums as may

3 be necessary to carry out the purpose of the program, as

4 authorized by title VII of the Public Health Service Act,

5 as amended: Provided, That such costs, including the cost

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

7 of the Congressional Budget Act of 1974: Provided fur8 ther, That these funds are available to subsidize gross obli9 gations for the total loan principal any part of which is

10 to be guaranteed at not to exceed $375,000,000. In addi11 tion, for administrative expenses to carry out the guaran12 teed loan program, $2,946,000.

13 VACCINE INJURY COMPENSATION PROGRAM TRUST FUND

14 For payments from the Vaccine Injury Compensation

15 Program Trust Fund, such sums as may be necessary for

16 claims associated with vaccine-related injury or death with

17 respect to vaccines administered after September 30,

18 1988, pursuant to subtitle 2 of title XXI of the Public

19 Health Service Act, to remain available until expended:

20 Provided, That for necessary administrative expenses, not

21 to exceed $3,000,000 shall be available from the Trust

22 Fund to the Secretary of Health and Human Services.

23 VACCINE INJURY COMPENSATION

24 For payment of claims resolved by the United States

25 Court of Federal Claims related to the administration of
29

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1 vaccines before October 1, 1988, $110,000,000, to remain

2 available until expended.

3 CENTERS FOR DISEASE CONTROL AND PREVENTION

4 DISEASE CONTROL, RESEARCH, AND TRAINING

5 To carry out titles II, III, VII, XI, XV, XVII, and

6 XIX of the Public Health Service Act, sections 101, 102,

7 103, 201, 202, and 203 of the Federal Mine Safety and

8 Health Act of 1977, and sections 20, 21, and 22 of the

9 Occupational Safety and Health Act of 1970; including

10 insurance of official motor vehicles in foreign countries;

11 and hire, maintenance, and operation of aircraft,

12 Ω38æ$2,086,850,000 $2,050,931,000, of which $3,575,000

13 shall remain available until expended for equipment and

14 construction and renovation of facilities, and in addition,

15 such sums as may be derived from authorized user fees,

16 which shall be credited to this account: Provided, That for

17 fiscal year 1995 and subsequent fiscal years training of

18 private persons shall be made subject to reimbursement

19 or advances to this appropriation for not in excess of the

20 full cost of such training: Provided further, That funds ap21 propriated under this heading for fiscal year 1995 and

22 subsequent fiscal years shall be available for payment of

23 the costs of medical care, related expenses, and burial ex24 penses hereafter incurred by or on behalf of any person

25 who had participated in the study of untreated syphilis
30

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1 initiated in Tuskegee, Alabama, in 1932, in such amounts

2 and subject to such terms and conditions as prescribed

3 by the Secretary of Health and Human Services and for

4 payment, in such amounts and subject to such terms and

5 conditions, of such costs and expenses hereafter incurred

6 by or on behalf of such person’s wife or offspring deter7 mined by the Secretary to have suffered injury or disease

8 from syphilis contracted from such person: Provided fur9 ther, That for fiscal year 1995 and subsequent fiscal years

10 amounts received by the National Center for Health Sta11 tistics from reimbursements and interagency agreements

12 and the sale of data tapes may be credited to this appro13 priation and shall remain available until expended: Pro14 vided further, That in addition to amounts provided here15 in, up to Ω39æ$27,862,000 $28,873,000 shall be available

16 from amounts available under section 241 of the Public

17 Health Service Act, to carry out the National Center for

18 Health Statistics surveys.

19 NATIONAL INSTITUTES OF HEALTH

20 NATIONAL CANCER INSTITUTE

21 For carrying out section 301 and title IV of the Pub22 lic Health Service Act with respect to cancer,

23 $1,919,419,000.

24 NATIONAL HEART, LUNG, AND BLOOD INSTITUTE

25 For carrying out sections 301 and 1105 and title IV

26 of the Public Health Service Act with respect to cardio-
31

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1 vascular, lung, and blood diseases, and blood and blood

2 products, $1,259,590,000.

3 NATIONAL INSTITUTE OF DENTAL RESEARCH

4 For carrying out section 301 and title IV of the Pub5 lic Health Service Act with respect to dental disease,

6 $162,832,000.

7 NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND

8 KIDNEY DISEASES

9 For carrying out section 301 and title IV of the Pub10 lic Health Service Act with respect to diabetes and diges11 tive and kidney diseases, Ω40æ$726,784,000 $728,784,000.

12 NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS

13 AND STROKE

14 For carrying out section 301 and title IV of the Pub15 lic Health Service Act with respect to neurological dis16 orders and stroke, Ω41æ$626,801,000 $628,801,000.

17 NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS

18 DISEASES

19 For carrying out section 301 and title IV of the Pub20 lic Health Service Act with respect to allergy and infec21 tious diseases, $536,416,000.

22 NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES

23 For carrying out section 301 and title IV of the Pub24 lic Health Service Act with respect to general medical

25 sciences, $877,113,000.
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1 NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN

2 DEVELOPMENT

3 For carrying out section 301 and title IV of the Pub4 lic Health Service Act with respect to child health and

5 human development, $513,409,000.

6 NATIONAL EYE INSTITUTE

7 For carrying out section 301 and title IV of the Pub8 lic Health Service Act with respect to eye diseases and

9 visual disorders, Ω42æ$290,335,000 $292,022,000.

10 NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH

11 SCIENCES

12 For carrying out sections 301 and 311 and title IV

13 of the Public Health Service Act with respect to environ14 mental health sciences, Ω43æ$266,400,000 $267,955,000.

15 NATIONAL INSTITUTE ON AGING

16 For carrying out section 301 and title IV of the Pub17 lic Health Service Act with respect to aging,

18 Ω44æ$431,198,000 $433,198,000.

19 NATIONAL INSTITUTE OF ARTHRITIS AND

20 MUSCULOSKELETAL AND SKIN DISEASES

21 For carrying out section 301 and title IV of the

22 Public Health Service Act with respect to arthritis, and

23 musculoskeletal and skin diseases, Ω45æ$227,021,000

24 $229,021,000.
33

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1 NATIONAL INSTITUTE ON DEAFNESS AND OTHER

2 COMMUNICATION DISORDERS

3 For carrying out section 301 and title IV of the Pub4 lic Health Service Act with respect to deafness and

5 other communication disorders, Ω46æ$166,155,000

6 $167,129,000.

7 NATIONAL INSTITUTE OF NURSING RESEARCH

8 For carrying out section 301 and title IV of the Pub9 lic Health Service Act with respect to nursing research,

10 Ω47æ$47,971,000 $48,326,000.

11 NATIONAL INSTITUTE ON ALCOHOL ABUSE AND

12 ALCOHOLISM

13 For carrying out section 301 and title IV of the Pub14 lic Health Service Act with respect to alcohol abuse and

15 alcoholism, $181,445,000.

16 NATIONAL INSTITUTE ON DRUG ABUSE

17 For carrying out section 301 and title IV of the Pub18 lic Health Service Act with respect to drug abuse,

19 $290,280,000.

20 NATIONAL INSTITUTE OF MENTAL HEALTH

21 For carrying out section 301 and title IV of the Pub22 lic Health Service Act with respect to mental health,

23 Ω48æ$542,050,000 $544,050,000.

24 NATIONAL CENTER FOR RESEARCH RESOURCES

25 For carrying out section 301 and title IV of the Pub26 lic Health Service Act with respect to research resources
34

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1 and general research support grants, $294,877,000: Pro2 vided, That none of these funds shall be used to pay recipi3 ents of the general research support grants program any

4 amount for indirect expenses in connection with such

5 grants: Provided further, That $20,000,000 shall be for

6 extramural facilities construction grants.

7 NATIONAL CENTER FOR HUMAN GENOME RESEARCH

8 For carrying out section 301 and title IV of the Pub9 lic Health Service Act with respect to human genome re10 search, $152,010,000.

11 JOHN E. FOGARTY INTERNATIONAL CENTER

12 For carrying out the activities at the John E.

13 Fogarty International Center, Ω49æ$15,193,000

14 $13,209,000.

15 NATIONAL LIBRARY OF MEDICINE

16 For carrying out section 301 and title IV of the Pub17 lic Health Service Act with respect to health information

18 communications, Ω50æ$123,274,000 $127,274,000.

19 OFFICE OF THE DIRECTOR

20 (INCLUDING TRANSFER OF FUNDS)

21 For carrying out the responsibilities of the Office of

22 the Director, National Institutes of Health,

23 Ω51æ$219,474,000 $215,045,000: Provided, That funding

24 shall be available for the purchase of not to exceed five

25 passenger motor vehicles for replacement only: Provided

26 further, That the Director may direct up to 1 percent of
35

HR 4606 PP

1 the total amount made available in this Act to all National

2 Institutes of Health appropriations to activities the Direc3 tor may so designate: Provided further, That no such ap4 propriation shall be increased or decreased by more than

5 1 percent by any such transfers and that the Congress

6 is promptly notified of the transfer.

7 OFFICE OF AIDS RESEARCH

8 (INCLUDING TRANSFER OF FUNDS)

9 For carrying out part D of title XXIII of the Public

10 Health Service Act, $1,337,606,000: Provided, That the

11 Director of the Office of AIDS Research shall transfer

12 from this appropriation the amounts necessary to carry

13 out section 2353(d) of the Act.

14 BUILDINGS AND FACILITIES

15 For the study of, construction of, and acquisition of

16 equipment for, facilities of or used by the National Insti17 tutes of Health, including the acquisition of real property,

18 Ω52æ$114,370,000 $113,370,000, to remain available until

19 expended.

20 SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

21 ADMINISTRATION

22 SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

23 For carrying out the Public Health Service Act with

24 respect to substance abuse and mental health services, sec25 tion 612 of Public Law 100–77, as amended, and the Pro26 tection and Advocacy for Mentally Ill Individuals Act of
36

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1 1986, Ω53æ$2,166,148,000 $2,164,179,000: Provided,

2 That no portion of amounts appropriated for the programs

3 of the Department of Health and Human Services shall

4 be available for obligation pursuant to section 571 of the

5 Public Health Service Act, other than an amount of

6 $3,750,000 from amounts appropriated to carry out sec7 tion 510 of that Act.

8 ASSISTANT SECRETARY FOR HEALTH

9 OFFICE OF THE ASSISTANT SECRETARY FOR HEALTH

10 (INCLUDING TRANSFER OF FUNDS)

11 For the expenses necessary for the Office of Assistant

12 Secretary for Health and for carrying out titles III, XVII,

13 XX and XXI of the Public Health Service Act,

14 Ω54æ$70,261,000 $63,004,000, of which $2,048,000 and 30

15 full-time equivalent positions will be transferred from the

16 National Vaccine Program Office to the Centers for Disease

17 Control and Prevention for the expanded immunization

18 program, and, in addition, amounts received from Free19 dom of Information Act fees and reimbursable and inter20 agency agreements shall be credited to this appropriation

21 and shall remain available until expendedΩ55æ:–Provided,

22 That $2,000,000 of the amount appropriated in this para23 graph shall be transferred to the Food and Drug Adminis24 tration, Salaries and Expenses appropriation account.
37

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1 RETIREMENT PAY AND MEDICAL BENEFITS FOR

2 COMMISSIONED OFFICERS

3 For retirement pay and medical benefits of Public

4 Health Service Commissioned Officers as authorized by

5 law, and for payments under the Retired Serviceman’s

6 Family Protection Plan and Survivor Benefit Plan and for

7 medical care of dependents and retired personnel under

8 the Dependents’ Medical Care Act (10 U.S.C. ch. 55), and

9 for payments pursuant to section 229(b) of the Social Se10 curity Act (42 U.S.C. 429(b)), such amounts as may be

11 required during the current fiscal year.

12 AGENCY FOR HEALTH CARE POLICY AND RESEARCH

13 HEALTH CARE POLICY AND RESEARCH

14 For carrying out titles III and IX of the Public

15 Health Service Act, and part A of title XI of the Social

16 Security Act, Ω56æ$134,624,000 $128,914,000, together

17 with not to exceed Ω57æ$5,806,000 $5,786,000 to be

18 transferred from the Federal Hospital Insurance and the

19 Federal Supplementary Medical Insurance Trust Funds,

20 as authorized by sections 1142 and 201(g) of the Social

21 Security Act; in addition, amounts received from Freedom

22 of Information Act fees, reimbursable and interagency

23 agreements, and the sale of data tapes shall be credited

24 to this appropriation and shall remain available until ex25 pended: Provided, That the amount made available pursu-
38

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1 ant to section 926(b) of the Public Health Service Act

2 shall not exceed Ω58æ$13,202,000 $31,504,000.

3 HEALTH CARE FINANCING ADMINISTRATION

4 GRANTS TO STATES FOR MEDICAID

5 For carrying out, except as otherwise provided, titles

6 XI and XIX of the Social Security Act

7 Ω59æ$62,637,775,000 $62,640,775,000, to remain avail8 able until expended.

9 For making, after May 31, 1995, payments to States

10 under title XIX of the Social Security Act for the last

11 quarter of fiscal year 1995 for unanticipated costs, in12 curred for the current fiscal year, such sums as may be

13 necessary.

14 For making payments to States under title XIX of

15 the Social Security Act for the first quarter of fiscal year

16 1996, $27,047,717,000, to remain available until ex17 pended.

18 Payment under title XIX may be made for any quar19 ter with respect to a State plan or plan amendment in

20 effect during such quarter, if submitted in or prior to such

21 quarter and approved in that or any subsequent quarter.

22 PAYMENTS TO HEALTH CARE TRUST FUNDS

23 For payment to the Federal Hospital Insurance and

24 the Federal Supplementary Medical Insurance Trust

25 Funds, as provided under sections 217(g) and 1844 of the

26 Social Security Act, sections 103(c) and 111(d) of the So-
39

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1 cial Security Amendments of 1965, section 278(d) of Pub2 lic Law 97–248, and for administrative expenses incurred

3 pursuant to section 201(g) of the Social Security Act,

4 $37,546,758,000.

5 PROGRAM MANAGEMENT

6 For carrying out, except as otherwise provided, titles

7 XI, XVIII, and XIX of the Social Security Act, and title

8 XIII of the Public Health Service Act, the Clinical Labora9 tory Improvement Amendments of 1988, section 4360 of

10 Public Law 101–508, and section 4005(e) of Public Law

11 100–203, not to exceed Ω60æ$2,183,985,000

12 $2,207,237,000, together with all funds collected in accord13 ance with section 353 of the Public Health Service Act,

14 the latter funds to remain available until expended; the

15 Ω61æ$2,183,985,000 $2,207,237,000 to be transferred to

16 this appropriation as authorized by section 201(g) of the

17 Social Security Act, from the Federal Hospital Insurance

18 and the Federal Supplementary Medical Insurance Trust

19 Funds: Provided, That all funds derived in accordance

20 with 31 U.S.C. 9701 from organizations established under

21 title XIII of the Public Health Service Act are to be cred22 ited to this appropriation.

23 HEALTH MAINTENANCE ORGANIZATION LOAN AND LOAN

24 GUARANTEE FUND

25 For carrying out subsections (d) and (e) of section

26 1308 of the Public Health Service Act, $15,000,000 to-
40

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1 gether with any amounts received by the Secretary in con2 nection with loans and loan guarantees under title XIII

3 of the Public Health Service Act, to be available without

4 fiscal year limitation for the payment of outstanding obli5 gations. During fiscal year 1995, no commitments for di6 rect loans or loan guarantees shall be made.

7 SOCIAL SECURITY ADMINISTRATION

8 PAYMENTS TO SOCIAL SECURITY TRUST FUNDS

9 For payment to the Federal Old-Age and Survivors

10 Insurance and the Federal Disability Insurance Trust

11 Funds, as provided under sections 201(m), 228(g), and

12 1131(b)(2) of the Social Security Act, $25,094,000.

13 SPECIAL BENEFITS FOR DISABLED COAL MINERS

14 For carrying out title IV of the Federal Mine Safety

15 and Health Act of 1977, $527,874,000, to remain avail16 able until expended.

17 For making, after July 31 of the current fiscal year,

18 benefit payments to individuals under title IV of the Fed19 eral Mine Safety and Health Act of 1977, for costs in20 curred in the current fiscal year, such amounts as may

21 be necessary.

22 For making benefit payments under title IV of the

23 Federal Mine Safety and Health Act of 1977 for the first

24 quarter of fiscal year 1996, $180,000,000, to remain

25 available until expended.
41

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1 SUPPLEMENTAL SECURITY INCOME PROGRAM

2 For carrying out titles XI and XVI of the Social Se3 curity Act, section 401 of Public Law 92–603, section 212

4 of Public Law 93–66, as amended, and section 405 of

5 Public Law 95–216, including payment to the Social Secu6 rity trust funds for administrative expenses incurred pur7 suant to section 201(g)(1) of the Social Security Act,

8 Ω62æ$21,237,101,000 $21,192,101,000, to remain avail9 able until expended: Provided, That any portion of the

10 funds provided to a State in the current fiscal year and

11 not obligated by the State during that year shall be re12 turned to the Treasury.

13 For making, after June 15 of the current fiscal year,

14 benefit payments to individuals under title XVI of the So15 cial Security Act, for unanticipated costs incurred for the

16 current fiscal year, such sums as may be necessary.

17 For carrying out title XVI of the Social Security Act

18 for the first quarter of fiscal year 1996, $7,060,000,000,

19 to remain available until expended.

20 LIMITATION ON ADMINISTRATIVE EXPENSES

21 For necessary expenses, not more than

22 Ω63æ$5,127,785,000 $5,157,011,000 may be expended, as

23 authorized by section 201(g)(1) of the Social Security Act

24 or as necessary to carry out sections 9704 and 9706 of

25 the Internal Revenue Code of 1986 as such sections were

26 in effect on January 1, 1993, from any one or all of the
42

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1 trust funds referred to therein: Provided, That reimburse2 ment to the Trust Funds under this heading for adminis3 trative expenses to carry out sections 9704 and 9706 of

4 the Internal Revenue Code of 1986 shall be made, with

5 interest, not later than September 30, 1996.

6 In addition to funding already available under this

7 heading, and subject to the same terms and conditions,

8 Ω64æ$352,000,000 $320,000,000, for disability caseload

9 processing.

10 In addition to funding already available under this

11 heading, and subject to the same terms and conditions,

12 Ω65æ$130,000,000 $64,000,000, which shall remain avail13 able until expended, to invest in a state-of-the-art comput14 ing network, including related equipment and administra15 tive expenses associated solely with this network, for the

16 Social Security Administration and the State Disability

17 Determination Services, may be expended from any or all

18 of the trust funds as authorized by section 201(g)(1) of

19 the Social Security Act.

20 ADMINISTRATION FOR CHILDREN AND FAMILIES

21 FAMILY SUPPORT PAYMENTS TO STATES

22 For making payments to States or other non-Federal

23 entities, except as otherwise provided, under titles I, IV–

24 A (other than section 402(g)(6)) and D, X, XI, XIV, and

25 XVI of the Social Security Act, and the Act of July 5,
43

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1 1960 (24 U.S.C. ch. 9), $12,761,788,000, to remain avail2 able until expended.

3 For making, after May 31 of the current fiscal year,

4 payments to States or other non-Federal entities under

5 titles I, IV–A and D, X, XI, XIV, and XVI of the Social

6 Security Act, for the last three months of the current year

7 for unanticipated costs, incurred for the current fiscal

8 year, such sums as may be necessary.

9 For making payments to States or other non-Federal

10 entities under titles I, IV–A (other than section 402(g)(6))

11 and D, X, XI, XIV, and XVI of the Social Security Act

12 and the Act of July 5, 1960 (24 U.S.C. ch. 9) for the

13 first quarter of fiscal year 1996, $4,400,000,000, to re14 main available until expended.

15 Ω66æThe Secretary shall provide payments under ti16 tles IV–A and XIX of the Social Security Act to carry out

17 a demonstration project for a qualified program in accord18 ance with this section which shall take effect on January

19 1, 1995. For each calendar quarter in which there is a

20 qualified program as defined below, the Secretary shall pay

21 to the State for the purpose of transmittal to the operator

22 of the qualified program, for no more than 20 calendar

23 quarters, an amount equal to the aggregate amount that

24 would otherwise have been payable to the State with respect

25 to the participants in the program for such a calendar
44

HR 4606 PP

1 quarter, in the absence of the program, for cash assistance

2 and child care under part A of title IV of the Social Secu3 rity Act, for medical assistance under title XIX of such Act,

4 and for administrative expenses related to such assistance.

5 The term ‘‘qualified program’’ means a program operated

6 by the New Hope Project, Inc., which assists low-income

7 residents of Milwaukee, Wisconsin, move from welfare to

8 work, in accordance with an application to be prepared by

9 the operator to the qualified program, transmitted by the

10 State to the Secretary, and defined by and approved by the

11 Secretary. The application shall provide for evaluation of

12 the demonstration project; funds provided herein may not

13 be used for said evaluation.

14 JOB OPPORTUNITIES AND BASIC SKILLS

15 For carrying out aid to families with dependent chil16 dren work programs, as authorized by part F of title IV

17 of the Social Security Act, $1,300,000,000.

18 LOW INCOME HOME ENERGY ASSISTANCE

19 (INCLUDING RESCISSION)

20 Of the funds made available beginning on October 1,

21 1994 under this heading in Public Law 103–112,

22 Ω67æ$250,000,000 $89,592,000 are hereby rescinded.

23 The funds remaining after said rescission shall be

24 available for obligation through September 30, 1995.

25 For making payments under title XXVI of the Omni26 bus Budget Reconciliation Act of 1981,
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1 Ω68æ$1,225,000,000 $1,475,000,000, to be available for

2 obligation in the period October 1, 1995 through Septem3 ber 30, 1996.

4 For making payments under title XXVI of the Omni5 bus Budget Reconciliation Act of 1981, an additional

6 $600,000,000: Provided, That all of the funds available

7 under this paragraph are hereby designated by Congress

8 to be emergency requirements pursuant to section

9 251(b)(2)(D) of the Balanced Budget and Emergency

10 Deficit Control Act of 1985: Provided further, That these

11 funds shall be made available only after submission to

12 Congress of a formal budget request by the President that

13 includes designation of the entire amount of the request

14 as an emergency requirement as defined in the Balanced

15 Budget and Emergency Deficit Control Act of 1985.

16 REFUGEE AND ENTRANT ASSISTANCE

17 For making payments for refugee and entrant assist18 ance activities authorized by title IV of the Immigration

19 and Nationality Act and section 501 of the Refugee Edu20 cation Assistance Act of 1980 (Public Law 96–422),

21 $399,779,000: Provided, That funds appropriated pursu22 ant to section 414(a) of the Immigration and Nationality

23 Act under Public Law 102–394 for fiscal year 1993 shall

24 be available for the costs of assistance provided and other

25 activities conducted in such year and in fiscal years 1994

26 and 1995.
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1 Ω69æSTATE LEGALIZATION IMPACT-ASSISTANCE GRANTS

2 (INCLUDING RESCISSION)

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

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

5 Act are hereby rescinded.

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

7 Secretary of Health and Human Services for the purpose

8 of making payments to public and private nonprofit orga9 nizations for—

10 (1) public information and outreach activities

11 regarding naturalization and citizenship; and

12 (2) English language and civics instruction pro13 vided to any adult eligible legalized alien who has not

14 met the requirements of section 312 of the Immigra15 tion and Nationality Act for purposes of becoming

16 naturalized as a citizen of the United States,

17 $8,000,000:

18 Provided, That the Secretary of Health and Human Serv19 ices shall allocate such amount among the States not later

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

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

22 share of the total costs of administering and providing edu23 cational services to eligible legalized aliens in all States

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

25 Provided further, That the definition of ‘‘eligible legalized
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1 alien’’ contained in section 204(j)(4) of the Immigration

2 Reform and Control Act of 1986 is amended by inserting

3 before the period at the end ‘‘, except that the five-year limi4 tation shall not apply for the purposes of providing public

5 information and outreach activities regarding naturaliza6 tion and citizenship; and English language and civics in7 struction to any adult eligible legalized alien who has not

8 met the requirements of section 312 of the Immigration and

9 Nationality Act for purposes of becoming naturalized as a

10 citizen of the United States’’: Provided further, That each

11 State may designate the appropriate agency or agencies to

12 administer funds under this heading: Provided further,

13 That section 204(b)(4) of the Immigration Reform and Con14 trol Act of 1986 is amended by striking the fourth sentence

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

16 State pursuant to the preceding sentence of this paragraph

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

18 within 90 days after a State has received a reallocation

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

20 31, 1995.’’.

21 COMMUNITY SERVICES BLOCK GRANT

22 For making payments under the Community Services

23 Block Grant Act, section 408 of Public Law 99–425, and

24 the Stewart B. McKinney Homeless Assistance Act,

25 Ω70æ$465,714,000 $476,219,000, of which $12,000,000

26 shall be for carrying out the National Youth Sports Pro-
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1 gram: Provided, That payments from such amount to the

2 grantee and subgrantees administering the National Youth

3 Sports Program may not exceed the aggregate amount con4 tributed in cash or in kind by the grantee and subgrantees:

5 Provided further, That amounts in excess of $9,400,000 for

6 such amount may not be made available to the grantee and

7 subgrantees administering the National Youth Sports Pro8 gram unless the grantee agrees to provide contributions in

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

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

11 such excess amount.

12 CHILD CARE AND DEVELOPMENT BLOCK GRANT

13 For carrying out sections 658A through 658R of the

14 Omnibus Budget Reconciliation Act of 1981 (The Child

15 Care and Development Block Grant Act of 1990),

16 $934,656,000, which shall be available for obligation

17 under the same statutory terms and conditions applicable

18 in the prior fiscal year.

19 SOCIAL SERVICES BLOCK GRANT

20 For making grants to States pursuant to section

21 2002 of the Social Security Act, $2,800,000,000.

22 CHILDREN AND FAMILIES SERVICES PROGRAMS

23 For carrying out, except as otherwise provided, the

24 Runaway and Homeless Youth Act, the Developmental

25 Disabilities Assistance and Bill of Rights Act, the State

26 Dependent Care Development Grants Act, the Head Start
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1 Act, the Child Development Associate Scholarship Assist2 ance Act of 1985, the Child Abuse Prevention and Treat3 ment Act, chapters 1 and 2 of subtitle B of title III of

4 the Anti-Drug Abuse Act of 1988, the Family Violence

5 Prevention and Services Act, the Native American Pro6 grams Act of 1974, title II of Public Law 95–266 (adop7 tion opportunities), the Temporary Child Care for Chil8 dren with Disabilities and Crisis Nurseries Act of 1986,

9 the Abandoned Infants Assistance Act of 1988, subtitle

10 F of title VII of the Stewart B. McKinney Homeless As11 sistance Act, and part B of title IV and section 1110 of

12 the Social Security Act, and for necessary administrative

13 expenses to carry out said Acts and titles I, IV, X, XI,

14 XIV, XVI, and XX of the Social Security Act, the Act

15 of July 5, 1960 (24 U.S.C. ch. 9), the Omnibus Budget

16 Reconciliation Act of 1981, section 204 of the Immigra17 tion Reform and Control Act of 1986, title IV of the Immi18 gration and Nationality Act, section 501 of the Refugee

19 Education Assistance Act of 1980, Public Law 100–77,

20 and section 126 and titles IV and V of Public Law 100–

21 485, Ω71æ$4,408,775,000 $4,415,514,000.

22 FAMILY PRESERVATION AND SUPPORT

23 For carrying out section 430 of the Social Security

24 Act, $150,000,000.
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1 PAYMENTS TO STATES FOR FOSTER CARE AND ADOPTION

2 ASSISTANCE

3 For making payments to States or other non-Federal

4 entities, under title IV–E of the Social Security Act,

5 Ω72æ$3,440,871,000 $3,597,371,000.

6 ADMINISTRATION ON AGING

7 AGING SERVICES PROGRAMS

8 For carrying out, to the extent not otherwise pro9 vided, the Older Americans Act of 1965, as amended, and

10 section 10404 of Public Law 101–239 (volunteer senior

11 aides demonstration), Ω73æ$869,823,000 $873,662,000.

12 OFFICE OF THE SECRETARY

13 GENERAL DEPARTMENTAL MANAGEMENT

14 For necessary expenses, not otherwise provided, for

15 general departmental management, including hire of six

16 medium sedans, Ω74æ$89,500,000 $88,774,000, together

17 with $31,008,000, to be transferred and expended as au18 thorized by section 201(g)(1) of the Social Security Act

19 from any one or all of the trust funds referred to therein.

20 OFFICE OF INSPECTOR GENERAL

21 For expenses necessary for the Office of Inspector

22 General in carrying out the provisions of the Inspector

23 General Act of 1978, as amended, $63,585,000, together

24 with not to exceed $37,060,000, to be transferred and ex25 pended as authorized by section 201(g)(1) of the Social
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1 Security Act from any one or all of the trust funds re2 ferred to therein.

3 OFFICE FOR CIVIL RIGHTS

4 For expenses necessary for the Office for Civil

5 Rights, $18,409,000 together with not to exceed

6 $3,874,000, to be transferred and expended as authorized

7 by section 201(g)(1) of the Social Security Act from any

8 one or all of the trust funds referred to thereinΩ75æ, to9 gether with any funds, to remain available until expended,

10 that represent the equitable share from the forfeiture of

11 property in investigations in which the Office of Inspector

12 General participated and which are transferred to the Office

13 of the Inspector General by the Department of Justice or

14 the Department of the Treasury.

15 POLICY RESEARCH

16 For carrying out, to the extent not otherwise pro17 vided, research studies under section 1110 of the Social

18 Security Act, Ω76æ$14,632,000 $10,741,000.

19 GENERAL PROVISIONS

20 SEC. 201. Funds appropriated in this title shall be

21 available for not to exceed $37,000 for official reception

22 and representation expenses when specifically approved by

23 the Secretary.

24 SEC. 202. The Secretary shall make available through

25 assignment not more than 60 employees of the Public

26 Health Service to assist in child survival activities and to
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1 work in AIDS programs through and with funds provided

2 by the Agency for International Development, the United

3 Nations International Children’s Emergency Fund or the

4 World Health Organization.

5 SEC. 203. None of the funds appropriated under this

6 Act may be used to implement section 399L(b) of the Pub7 lic Health Service Act or section 1911(d) Ω77æand section

8 1503 of the National Institutes of Health Revitalization

9 Act of 1993, Public Law 103–43.

10 Ω78æSEC. 204. None of the funds made available by

11 this Act may be used to require States as a condition of

12 receiving funding under the Child Abuse Prevention and

13 Treatment Act to restrict, condition, or otherwise qualify

14 a State’s authority to determine (i) whether and under

15 what circumstances a parent’s decision to provide non16 medical health care for a child may constitute negligent

17 treatment or maltreatment, and (ii) the circumstances

18 under which it is appropriate to order medical treatment

19 for a child who is receiving non-medical health care.

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

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

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

25 Regulations. This provision expires upon the date of enact-
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1 ment of the reauthorization of the Child Abuse Prevention

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

3 occurs first.

4 SEC. 205. (a) Of the budgetary resources available

5 to the Department of Health and Human Services (exclud6 ing the Food and Drug Administration and the Indian

7 Health Service) during fiscal year 1995, $37,125,000 are

8 permanently canceled.

9 (b) The Secretary of Health and Human Services

10 shall allocate the amount of budgetary resources canceled

11 among the Department’s accounts (excluding the Food

12 and Drug Administration and the Indian Health Service)

13 available for procurement and procurement-related ex14 penses. Amounts available for procurement and procure15 ment-related expenses in each such account shall be re16 duced by the amount allocated to such account.

17 (c) For the purposes of this section, the definition

18 of ‘‘procurement’’ includes all stages of the process of ac19 quiring property or services, beginning with the process

20 of determining a need for a product or services and ending

21 with contract completion and closeout, as specified in 41

22 U.S.C. 403(2).

23 Ω79æSEC. 206. None of the funds appropriated in this

24 title for the National Institutes of Health and the Substance

25 Abuse and Mental Health Services Administration shall be
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1 used to pay the salary of an individual, through a grant

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

3 $125,000 per year.

4 Ω80æSEC. 207. (a) Of the budgetary resources avail5 able to the Department of Health and Human Services for

6 space rental charges (excluding Food and Drug Administra7 tion and the Indian Health Service) during fiscal year

8 1995, $4,505,000 are permanently canceled.

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

10 allocate the amount of budgetary resources canceled among

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

12 Administration and the Indian Health Service) available

13 for space rental charges. Amounts available for space rental

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

15 allocated to such account.

16 Ω81æSEC. 208. Taps and other assessments made by

17 any office located in the Department of Health and Human

18 Services shall be treated as a reprogramming of funds and

19 shall not be available for obligation or expenditure except

20 in compliance with the Committee reprogramming proce21 dures.

22 Ω82æSEC. 209. None of the funds made available by

23 this Act shall be obligated or expended for storage or dis24 tribution of publicly-purchased pediatric vaccine through a

25 warehouse and distribution facility operated by the General
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1 Services Administration until such time as the Secretary

2 of Health and Human Services receives written approval

3 by the Appropriations Committees of both the House and

4 Senate: Provided, That such approval shall be contingent

5 upon the following requirements:

6 (1) All aspects of the ordering, storage, packag7 ing and distribution system are fully developed, tested

8 and validated in accordance with the requirements

9 imposed on commercial manufacturers and distribu10 tors.

11 (2) The Commissioner of FDA has conducted a

12 complete review of all aspects of the system, has re13 viewed and verified documentation of testing and val14 idation procedures, and has provided documentation

15 to the Committees of both the House and the Senate

16 that all licensing and performance standards required

17 of commercial distributors have been met by the Gen18 eral Services Administration system.

19 (3) The Secretary has provided documentation to

20 the Committees of both Houses that the cost of the

21 General Services Administration system is lower than

22 the cost of private sector bids.

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

24 4(b)(6) of the Taiwan Relations Act (22 U.S.C. 3302(b)(6))

25 is amended—
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1 (1) by inserting ‘‘(A)’’ immediately after ‘‘(6)’’;

2 and

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

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

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

6 the United States for the purposes of discussions with

7 United States Federal or State Government officials

8 concerning:

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

10 will reduce the United States-Taiwan trade defi11 cit;

12 ‘‘(ii) Prevention of nuclear proliferation;

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

14 United State;

15 ‘‘(iv) The protection of the global environ16 ment;

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

18 or

19 ‘‘(vi) Regional humanitarian disasters.

20 The official shall be admitted to the United States,

21 unless the official is otherwise excludable under the

22 immigration laws of the United States.’’.

23 Ω83æSEC. 211. (a) Of the funds appropriated or other24 wise made available for the Department of Health and

25 Human Services General Departmental Management for
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1 fiscal year 1995, the Secretary of Health and Human Serv2 ices shall transfer to the Office of the Inspector General such

3 sums as may be necessary for any expenses with respect

4 to the provision of security protection for the Secretary of

5 Health and Human Services.

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

7 conduct a review on the need of personal security protection

8 for all cabinet and subcabinet officials in the Federal Gov9 ernment, and shall not later than April 1, 1995, prepare

10 and submit a report to the Senate and House Committees

11 on Appropriations of the findings of the Comptroller.

12 Ω84æSEC. 212. DIRECTION TO THE SECRETARY OF

13 HEALTH AND HUMAN SERVICES REGARDING ACTION

14 ON A REQUEST FOR CERTAIN WAIVERS UNDER THE

15 AFDC PROGRAM.

16 In the event the Secretary of Health and Human Serv17 ices (hereafter referred to in this section as the ‘‘Secretary’’)

18 fails to approve the application for waivers to conduct a

19 demonstration project, known as JOBS Plus, under section

20 1115 of the Social Security Act submitted by the Oregon

21 Department of Human Resources on October 28, 1993,

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

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

24 the Secretary’s authority to approve the application under

25 such section, the application shall be deemed approved.
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1 This title may be cited as the ‘‘Department of Health

2 and Human Services Appropriations Act, 1995’’.

3 TITLE III—DEPARTMENT OF EDUCATION

4 EDUCATION REFORM

5 For carrying out activities authorized by titles II

6 Ω85æand III, III, and IV of the Goals 2000: Educate

7 America Act and titles II, III, and IV of the School-to8 Work Opportunities Act, $528,400,000 of which

9 $503,670,000 shall become available on July 1, 1995, and

10 remain available through September 30, 1996.

11 EDUCATION FOR THE DISADVANTAGED

12 For carrying out the activities authorized by title I

13 of the Elementary and Secondary Education Act of 1965,

14 as amended by the Improving America’s Schools Act as

15 Ω86æpassed the House of Representatives on March 24,

16 1994 passed the Senate on August 2, 1994, and by section

17 418A of the Higher Education Act, Ω87æ$7,245,655,000

18 $7,233,411,000, of which Ω88æ$7,212,093,000

19 $7,214,849,000 shall become available on July 1, 1995 and

20 shall remain available through September 30, 1996: Pro21 vided, That $6,698,356,000 shall be available for grants

22 to local education agencies, Ω89ænot less than $41,434,000

23 shall be available for capital expenses, $102,024,000 shall

24 be available for the Even Start program, $305,475,000

25 shall be available for title I migrant education activities,

26 Ω90æ$37,244,000 not less than $40,000,000 shall be avail-
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1 able for title I delinquent and high-risk youth education

2 activities, Ω91æno more than $27,560,000 shall be for pro3 gram improvement activities, Ω92æ$15,000,000 shall be

4 for demonstration grants, and $8,270,000 shall be for

5 evaluation.

6 IMPACT AID

7 For carrying out programs of financial assistance to

8 federally affected schools authorized by the Improving

9 America’s Schools Act as Ω93æpassed the House of Rep10 resentatives on March 24, 1994 passed the Senate on Au11 gust 2, 1994, Ω94æ$728,000,000 $666,880,000, of which

12 $40,000,000, to remain available until expended, shall be

13 for payments for heavily impacted districts under section

14 Ω95æ8004(f) 9004(f).

15 SCHOOL IMPROVEMENT PROGRAMS

16 For carrying out school improvement activities au17 thorized by titles II, Ω96æIII, IV, and V IV, V, VII, VIII,

18 IX, and XV of the Elementary and Secondary Education

19 Act of 1965, as amended by the Improving America’s

20 Schools Act as Ω97æpassed the House of Representatives

21 on March 24, 1994 passed the Senate on August 2, 1994;

22 the Stewart B. McKinney Homeless Assistance Act; the

23 Civil Rights Act of 1964; and title V of the Higher Edu24 cation Act; Ω98æ$1,424,513,000 $1,570,201,000, of which

25 Ω99æ$1,158,695,000 $1,264,849,000 shall become avail26 able on July 1, 1995, and remain available through Sep-
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1 tember 30, 1996: Provided, That Ω100æ$5,899,000 shall

2 be for law related education under section 3702

3 $100,000,000 shall be for education infrastructure under

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

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

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

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

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

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

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

11 part B of title VII.

12 BILINGUAL AND IMMIGRANT EDUCATION

13 For carrying out, to the extent not otherwise pro14 vided, bilingual and immigrant education activities author15 ized by Ω101ætitle VII titles VII and IX of the Elementary

16 and Secondary Education Act as amended by the Improv17 ing America’s Schools Act, as Ω102æpassed the House of

18 Representatives on March 24, 1994 passed the Senate on

19 August 2, 1994 and by title IV of the Carl D. Perkins Vo20 cational and Applied Technology Education Act,

21 Ω103æ$247,572,000 $238,082,000, of which $25,180,000

22 shall be for training activities under Ω104æpart C subpart

23 3 of part A of title VII, and $50,000,000 shall be for the

24 immigrant education program Ω105æunder part B of title

25 IX.
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1 SPECIAL EDUCATION

2 For carrying out the Individuals with Disabilities

3 Education Act, Ω106æ$3,106,634,000 $3,299,459,000, of

4 which Ω107æ$2,858,973,000 $2,753,000,000 shall become

5 available for obligation on July 1, 1995, and shall remain

6 available through September 30, 1996Ω108æ, of which

7 $292,125,000 for section 686 shall become available for obli8 gation on September 30, 1995, and shall remain available

9 through September 30, 1996.

10 REHABILITATION SERVICES AND DISABILITY RESEARCH

11 For carrying out, to the extent not otherwise pro12 vided, the Rehabilitation Act of 1973, the Technology-Re13 lated Assistance for Individuals with Disabilities Act, and

14 the Helen Keller National Center Act, as amended,

15 Ω109æ$2,355,600,000 $2,413,675,000.

16 SPECIAL INSTITUTIONS FOR PERSONS WITH

17 DISABILITIES

18 AMERICAN PRINTING HOUSE FOR THE BLIND

19 For carrying out the Act of March 3, 1879, as

20 amended (20 U.S.C. 101 et seq.), Ω110æ$6,406,000

21 $6,680,000.

22 NATIONAL TECHNICAL INSTITUTE FOR THE DEAF

23 For the National Technical Institute for the Deaf

24 under titles I and II of the Education of the Deaf Act

25 of 1986 (20 U.S.C. 4301 et seq.), Ω111æ$41,462,000

26 $43,191,000, of which Ω112æ$333,000 for the endowment
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1 program as authorized under section 207 and not to ex2 ceed $192,000 for construction shall remain available until

3 expended $336,000 shall be for the endowment program as

4 authorized under section 207 and shall be available until

5 expended and $150,000 shall be for construction and shall

6 be available until expended.

7 GALLAUDET UNIVERSITY

8 For the Kendall Demonstration Elementary School,

9 the Model Secondary School for the Deaf, and the partial

10 support of Gallaudet University under titles I and II of

11 the Education of the Deaf Act of 1986 (20 U.S.C. 4301

12 et seq.), Ω113æ$76,742,000 $80,030,000, of which

13 Ω114æ$991,000 $1,000,000 shall be for the endowment

14 program as authorized under section 207 and shall be

15 available until expended.

16 VOCATIONAL AND ADULT EDUCATION

17 For carrying out, to the extent not otherwise pro18 vided, the Carl D. Perkins Vocational and Applied Tech19 nology Education Act, the Adult Education Act, Ω115æthe

20 National Literacy Act of 1991, and the Stewart B. McKin21 ney Homeless Assistance Act, Ω116æ$1,456,383,000, of

22 which $1,453,464,000 $1,475,736,000, of which

23 $1,472,817,000 shall become available on July 1, 1995 and

24 shall remain available through September 30, 1996: Pro25 vided, That of the amounts made available under the Carl

26 D. Perkins Vocational and Applied Technology Education
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1 Act, $400,000 of the amount available for Tech-Prep shall

2 be for evaluation of the program and Ω117æ$25,767,000

3 $37,096,000 shall be for national programs under title IV,

4 including $7,851,000 for research, of which $6,000,000

5 shall be for the National Center for Research on Voca6 tional Education; Ω118æ$13,000,000 $23,245,000 for dem7 onstrations, notwithstanding section 411(b); and

8 Ω119æ$4,916,000 $6,000,000 for data systems: Provided

9 further, That of the amounts made available under the

10 Adult Education Act, Ω120æ$5,400,000 $3,900,000 shall

11 be for national programs under Ω121æsections 382 and

12 383 section 383, and $4,869,000 shall be for the National

13 Institute for Literacy under section 384.

14 STUDENT FINANCIAL ASSISTANCE

15 For carrying out subparts 1, 3, and 4 of part A, and

16 parts C, E, and H of title IV of the Higher Education

17 Act of 1965, as amended, including, notwithstanding sec18 tion 401(a)(1), not to exceed 3,930,000 Pell Grant recipi19 ents in award year 1994–1995, Ω122æ$7,825,417,000

20 $7,685,524,000, which shall remain available through Sep21 tember 30, 1996, and of which Ω123æ$54,322,000

22 $72,429,000 shall be for State Student Incentive Grants

23 under subpart 4 of part A.

24 The maximum Pell Grant for which a student shall

25 be eligible during award year 1995–1996 shall be $2,340:

26 Provided, That notwithstanding section 401(g) of the Act,
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1 as amended, if the Secretary determines, prior to publica2 tion of the payment schedule for award year 1995–1996,

3 that the $6,247,180,000 included within this appropria4 tion for Pell Grant awards for award year 1995–1996, and

5 any funds available from the FY 1994 appropriation for

6 Pell Grant awards, are insufficient to satisfy fully all such

7 awards for which students are eligible, as calculated under

8 section 401(b) of the Act, the amount paid for each such

9 award shall be reduced by either a fixed or variable per10 centage, or by a fixed dollar amount, as determined in ac11 cordance with a schedule of reductions established by the

12 Secretary for this purpose.

13 FEDERAL FAMILY EDUCATION LOAN PROGRAM ACCOUNT

14 For Federal administrative expenses to carry out

15 guaranteed student loans authorized by title IV, part B,

16 of the Higher Education Act, as amended, $62,191,000.

17 Ω124æFEDERAL DIRECT STUDENT LOAN PROGRAM

18 ACCOUNT

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

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

21 as may be necessary to carry out the purposes of the pro22 gram, including such sums as may be derived from negative

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

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

25 of the Congressional Budget Act of 1974.
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1 HIGHER EDUCATION

2 For carrying out, to the extent not otherwise pro3 vided, titles I, Ω125æII, without regard to section 241(d),

4 III, IV, including chapter 2 of subpart 2 of part A, V,

5 VI, VII, IX, Ω126æpart A, and subpart 1 of part B of

6 title X, VIII, IX, part A, subpart 1 of part B, and part

7 D of title X, and XI, without regard to section 1151,

8 Ω127æand section 1521 as amended by Public Law 103–

9 239 to be administered by the Secretary of Education,

10 Ω128æand XV of the Higher Education Act of 1965, as

11 amended; the Mutual Educational and Cultural Exchange

12 Act of 1961; Ω129ætitle VI, including part C, and title

13 VI of the Excellence in Mathematics, Science and Engi14 neering Education Act of 1990; Ω130æand Public Law

15 102–423; $954,686,000, of which $8,248,000

16 $946,703,000, of which $7,498,000 for endowment activities

17 under section 331 of part C of title III and $17,512,000

18 for interest subsidies under title VII of the Higher Edu19 cation Act, as amended, Ω131æand $4,000,000 for Public

20 Law 102–423 shall remain available until expended Ω132æ

21 and $1,500,000 of the amount provided herein for title

22 III shall be available for an evaluation of the title III pro23 grams.

24 HOWARD UNIVERSITY

25 For partial support of Howard University (20 U.S.C.

26 121 et seq.), Ω133æ$206,463,000 $192,896,000, of which
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1 Ω134æ$7,910,000 $3,530,000, to remain available until ex2 pended, shall be for a matching endowment grant to be

3 administered in accordance with the Howard University

4 Endowment Act (Public Law 98–480) Ω135æand

5 $6,000,000, to remain available until expended, shall be

6 for construction.

7 HIGHER EDUCATION FACILITIES LOANS

8 The Secretary is hereby authorized to make such ex9 penditures, within the limits of funds available under this

10 heading and in accord with law, and to make such con11 tracts and commitments without regard to fiscal year limi12 tation, as provided by section 104 of the Government Cor13 poration Control Act (31 U.S.C. 9104), as may be nec14 essary in carrying out the program for the current fiscal

15 year.

16 COLLEGE HOUSING AND ACADEMIC FACILITIES LOANS

17 PROGRAM

18 For the costs of direct loans, as authorized by title

19 VII, part C, of the Higher Education Act, as amended,

20 Ω136æ$134,000 $168,000: Provided, That such costs, in21 cluding costs of modifying such loans, shall be as defined

22 in section 502 of the Congressional Budget Act of 1974

23 and that these funds are available to subsidize gross obli24 gations for the principal amount of direct loans of not to

25 exceed Ω137æ$8,000,000 $10,000,000: Provided further,

26 That obligated balances of these appropriations will re-
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1 main available until expended, notwithstanding the provi2 sions of 31 U.S.C. 1552(a), as amended by Public Law

3 101–510. In addition, for administrative expenses to carry

4 out the existing direct loan program of college housing and

5 academic facilities loans entered into pursuant to title VII,

6 part C, of the Higher Education Act, as amended,

7 $1,022,000.

8 COLLEGE HOUSING LOANS

9 Pursuant to title VII, part C of the Higher Education

10 Act, as amended, for necessary expenses of the college

11 housing loans program, previously carried out under title

12 IV of the Housing Act of 1950, the Secretary shall make

13 expenditures and enter into contracts without regard to

14 fiscal year limitation using loan repayments and other re15 sources available to this account. Any unobligated bal16 ances becoming available from fixed fees paid into this ac17 count pursuant to 12 U.S.C. 1749d, relating to payment

18 of costs for inspections and site visits, shall be available

19 for the operating expenses of this account.

20 HISTORICALLY BLACK COLLEGE AND UNIVERSITY

21 CAPITAL FINANCING, PROGRAM ACCOUNT

22 The total amount of bonds insured pursuant to sec23 tion 724 of title VII, part B of the Higher Education Act

24 shall not exceed $357,000,000, and the cost, as defined

25 in section 502 of the Congressional Budget Act of 1974,

26 of such bonds shall not exceed zero.
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1 For administrative expenses to carry out the Histori2 cally Black College and University Capital Financing Pro3 gram entered into pursuant to title VII, part B of the

4 Higher Education Act, as amended, $347,000.

5 EDUCATION RESEARCH, STATISTICS, AND IMPROVEMENT

6 For carrying out activities authorized by the Edu7 cational Research, Development, Dissemination, and Im8 provement Act; the Elementary and Secondary Education

9 Act of 1965 Ω138æand the Education Council Act, as

10 amended by the Improving America’s Schools Act as

11 passed the House of Representatives on March 24, 1994;

12 the National Education Statistics Act of 1994 as passed

13 the House of Representatives on March 24, 1994; and the

14 General Education Provisions Act, $318,775,000: Pro15 vided, That $39,320,000 shall be for regional laboratories,

16 including rural initiatives; $4,463,000 shall be for civics

17 education activities; $14,480,000 shall be for the National

18 Diffusion Network; $34,424,000 shall be for Eisenhower

19 professional development Federal activities; and

20 $20,000,000 shall be for Federal leadership activities in

21 education technology, as amended by the Improving Ameri22 ca’s Schools Act as passed the Senate on August 2, 1994;

23 the National Education Statistics Act of 1994, as passed

24 the Senate on August 2, 1994; and title VI of Public Law

25 103–227; $371,586,000: Provided, That $41,000,000 shall

26 be for regional laboratories, including rural initiatives and
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1 network activities; $33,000,000 shall be for research centers;

2 $43,000,000 shall be for the Fund for the Improvement of

3 Education, including $5,000,000 for title VI of Public Law

4 103–227, $3,000,000 for Elementary School Counseling

5 Demonstrations, $125,000 for National Student and Parent

6 Mock Elections, $1,000,000 for the Partnerships in Char7 acter Education Pilot Project, $500,000 for Promoting

8 Scholar-Athlete Competitions, and $900,000 for 21st Cen9 tury Community Learning Centers, as authorized by title

10 VIII of the Elementary and Secondary Education Act, as

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

12 the Senate on August 2, 1994; $4,463,000 shall be for civic

13 education activities; $14,480,000 shall be for the National

14 Diffusion Network; $40,000,000 shall be for Eisenhower

15 professional development Federal activities, including not

16 less than $5,472,000 for the National Clearinghouse for

17 Science and Mathematics, $15,000,000 for regional consor18 tia, and $3,000,000 for part E of title II of the Elementary

19 and Secondary Education Act, as amended by the Improv20 ing America’s Schools Act as passed the Senate on August

21 2, 1994; and $50,000,000 shall be for education technology

22 activities under part A of title III of the Elementary and

23 Secondary Education Act, as amended by the Improving

24 America’s Schools Act as passed the Senate on August 2,

25 1994.
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1 LIBRARIES

2 For carrying out, to the extent not otherwise pro3 vided, titles I, II, III, IV, and VI of the Library Services

4 and Construction Act (20 U.S.C. ch. 16), and

5 Ω139æsection 222 of the Higher Education Act,

6 $115,996,000 title II of the Higher Education Act,

7 $147,558,000, of which $17,792,000 shall be used to carry

8 out the provisions of title II of the Library Services and

9 Construction Act and shall remain available until ex10 pended, and $4,916,000 shall be for section 222 and

11 $8,270,000 shall be for section 223 of the Higher Education

12 Act, of which $2,500,000 shall be for demonstration of on13 line and dial-in access to a statewide, multitype library

14 bibliographic data base through a statewide fiber optic net15 work housing a point of presence in every county, connect16 ing library services in every municipality, and $1,500,000

17 shall be for a demonstration project making Federal infor18 mation and other data bases available for public use by con19 necting Internet to a multistate consortium of public and

20 private colleges and universities, a public library system,

21 and a State historical library.

22 DEPARTMENTAL MANAGEMENT

23 PROGRAM ADMINISTRATION

24 For carrying out, to the extent not otherwise pro25 vided, the Department of Education Organization Act, in-
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1 cluding rental of conference rooms in the District of Co2 lumbia and hire of two passenger motor vehicles,

3 Ω140æ$359,358,000 $346,008,000.

4 OFFICE FOR CIVIL RIGHTS

5 For expenses necessary for the Office for Civil

6 Rights, as authorized by section 203 of the Department

7 of Education Organization Act, $58,325,000.

8 OFFICE OF THE INSPECTOR GENERAL

9 For expenses necessary for the Office of the Inspector

10 General, as authorized by section 212 of the Department

11 of Education Organization Act, Ω141æ$29,199,000

12 $31,675,000.

13 GENERAL PROVISIONS

14 SEC. 301. No part of the funds contained in this title

15 may be used to force any school or school district which

16 is desegregated as that term is defined in title IV of the

17 Civil Rights Act of 1964, Public Law 88–352, to take any

18 action to force the busing of students; to force on account

19 of race, creed or color the abolishment of any school so

20 desegregated; or to force the transfer or assignment of any

21 student attending any elementary or secondary school so

22 desegregated to or from a particular school over the pro23 test of his or her parents or parent.

24 SEC. 302. (a) No part of the funds contained in this

25 title shall be used to force any school or school district

26 which is desegregated as that term is defined in title IV
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1 of the Civil Rights Act of 1964, Public Law 88–352, to

2 take any action to force the busing of students; to require

3 the abolishment of any school so desegregated; or to force

4 on account of race, creed or color the transfer of students

5 to or from a particular school so desegregated as a condi6 tion precedent to obtaining Federal funds otherwise avail7 able to any State, school district or school.

8 (b) No funds appropriated in this Act may be used

9 for the transportation of students or teachers (or for the

10 purchase of equipment for such transportation) in order

11 to overcome racial imbalance in any school or school sys12 tem, or for the transportation of students or teachers (or

13 for the purchase of equipment for such transportation) in

14 order to carry out a plan of racial desegregation of any

15 school or school system.

16 SEC. 303. None of the funds contained in this Act

17 shall be used to require, directly or indirectly, the trans18 portation of any student to a school other than the school

19 which is nearest the student’s home, except for a student

20 requiring special education, to the school offering such

21 special education, in order to comply with title VI of the

22 Civil Rights Act of 1964. For the purpose of this section

23 an indirect requirement of transportation of students in24 cludes the transportation of students to carry out a plan

25 involving the reorganization of the grade structure of
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1 schools, the pairing of schools, or the clustering of schools,

2 or any combination of grade restructuring, pairing or clus3 tering. The prohibition described in this section does not

4 include the establishment of magnet schools.

5 SEC. 304. No funds appropriated under this Act may

6 be used to prevent the implementation of programs of vol7 untary prayer and meditation in the public schools.

8 This title may be cited as the ‘‘Department of Edu9 cation Appropriations Act, 1995’’.

10 TITLE IV—RELATED AGENCIES

11 ARMED FORCES RETIREMENT HOME

12 For expenses necessary for the Armed Forces Retire13 ment Home to operate and maintain the United States

14 Soldiers’ and Airmen’s Home and the United States Naval

15 Home, to be paid from funds available in the Armed

16 Forces Retirement Home Trust Fund, Ω142æ$59,816,000

17 $56,820,000, of which $2,906,000 shall remain available

18 until expended for construction and renovation of the

19 physical plants at the United States Soldiers’ and Air20 men’s Home and the United States Naval Home: Pro21 vided, That this appropriation shall not be available for

22 the payment of hospitalization of members of the Soldiers’

23 and Airmen’s Home in United States Army hospitals at

24 rates in excess of those prescribed by the Secretary of the
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1 Army upon recommendation of the Board of Commis2 sioners and the Surgeon General of the Army.

3 CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

4 DOMESTIC VOLUNTEER SERVICE PROGRAMS, OPERATING

5 EXPENSES

6 For expenses necessary for the Corporation for Na7 tional and Community Service to carry out the provisions

8 of the Domestic Volunteer Service Act of 1973, as amend9 ed, Ω143æ$205,771,000 $217,688,000.

10 CORPORATION FOR PUBLIC BROADCASTING

11 Ω144æ(RESCISSION)

12 Of the funds made available under this heading in

13 Public Law 102–394, $21,100,000 are hereby rescinded.

14 For payment to the Corporation for Public Broadcast15 ing, as authorized by the Communications Act of 1934, an

16 amount which shall be available within limitations speci17 fied by that Act, for the fiscal year 1997, $330,000,000: Pro18 vided, That no funds made available to the Corporation for

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

20 receptions, parties, or similar forms of entertainment for

21 Government officials or employees: Provided further, That

22 none of the funds contained in this paragraph shall be

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

24 from which any person is excluded, or is denied benefits,
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1 or is discriminated against, on the basis of race, color, na2 tional origin, religion, or sex.

3 FEDERAL MEDIATION AND CONCILIATION SERVICE

4 SALARIES AND EXPENSES

5 For expenses necessary for the Federal Mediation

6 and Conciliation Service to carry out the functions vested

7 in it by the Labor-Management Relations Act, 1947 (29

8 U.S.C. 171–180, 182–183), including hire of passenger

9 motor vehicles; and for expenses necessary for the Labor10 Management Cooperation Act of 1978 (29 U.S.C. 175a);

11 and for expenses necessary for the Service to carry out

12 the functions vested in it by the Civil Service Reform Act,

13 Public Law 95–454 (5 U.S.C. chapter 71),

14 Ω145æ$31,078,000 $31,610,000.

15 FEDERAL MINE SAFETY AND HEALTH REVIEW

16 COMMISSION

17 SALARIES AND EXPENSES

18 For expenses necessary for the Federal Mine Safety

19 and Health Review Commission (30 U.S.C. 801 et seq.),

20 $6,200,000.

21 NATIONAL COMMISSION ON LIBRARIES AND

22 INFORMATION SCIENCE

23 SALARIES AND EXPENSES

24 For necessary expenses for the National Commission

25 on Libraries and Information Science, established by the
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1 Act of July 20, 1970 (Public Law 91–345, as amended

2 by Public Law 102–95), $901,000.

3 NATIONAL COUNCIL ON DISABILITY

4 SALARIES AND EXPENSES

5 For expenses necessary for the National Council on

6 Disability as authorized by title IV of the Rehabilitation

7 Act of 1973, as amended, Ω146æ$1,643,000 $1,843,000.

8 NATIONAL LABOR RELATIONS BOARD

9 SALARIES AND EXPENSES

10 For expenses necessary for the National Labor Rela11 tions Board to carry out the functions vested in it by the

12 Labor-Management Relations Act, 1947, as amended (29

13 U.S.C. 141–167), and other laws, Ω147æ$173,388,000

14 $176,047,000: Provided, That no part of this appropriation

15 shall be available to organize or assist in organizing agri16 cultural laborers or used in connection with investigations,

17 hearings, directives, or orders concerning bargaining units

18 composed of agricultural laborers as referred to in section

19 2(3) of the Act of July 5, 1935 (29 U.S.C. 152), and as

20 amended by the Labor-Management Relations Act, 1947,

21 as amended, and as defined in section 3(f) of the Act of

22 June 25, 1938 (29 U.S.C. 203), and including in said defi23 nition employees engaged in the maintenance and oper24 ation of ditches, canals, reservoirs, and waterways when

25 maintained or operated on a mutual, nonprofit basis and
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1 at least 95 per centum of the water stored or supplied

2 thereby is used for farming purposes.

3 NATIONAL MEDIATION BOARD

4 SALARIES AND EXPENSES

5 For expenses necessary to carry out the provisions

6 of the Railway Labor Act, as amended (45 U.S.C. 151–

7 188), including emergency boards appointed by the Presi8 dent, $8,119,000.

9 OCCUPATIONAL SAFETY AND HEALTH REVIEW

10 COMMISSION

11 SALARIES AND EXPENSES

12 For expenses necessary for the Occupational Safety

13 and Health Review Commission (29 U.S.C. 661),

14 $7,595,000.

15 PHYSICIAN PAYMENT REVIEW COMMISSION

16 SALARIES AND EXPENSES

17 For expenses necessary to carry out section 1845(a)

18 of the Social Security Act, $4,176,000 to be transferred

19 to this appropriation from the Federal Supplementary

20 Medical Insurance Trust Fund.

21 PROSPECTIVE PAYMENT ASSESSMENT COMMISSION

22 SALARIES AND EXPENSES

23 For expenses necessary to carry out section 1886(e)

24 of the Social Security Act, $4,667,000 to be transferred

25 to this appropriation from the Federal Hospital Insurance
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1 and the Federal Supplementary Medical Insurance Trust

2 Funds.

3 RAILROAD RETIREMENT BOARD

4 DUAL BENEFITS PAYMENTS ACCOUNT

5 For payment to the Dual Benefits Payments Ac6 count, authorized under section 15(d) of the Railroad Re7 tirement Act of 1974, $261,000,000, which shall include

8 amounts becoming available in fiscal year 1995 pursuant

9 to section 224(c)(1)(B) of Public Law 98–76; and in addi10 tion, an amount, not to exceed 2 percent of the amount

11 provided herein, shall be available proportional to the

12 amount by which the product of recipients and the average

13 benefit received exceeds $261,000,000: Provided, That the

14 total amount provided herein shall be credited in 12 ap15 proximately equal amounts on the first day of each month

16 in the fiscal year.

17 FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT

18 ACCOUNTS

19 For payment to the accounts established in the

20 Treasury for the payment of benefits under the Railroad

21 Retirement Act for interest earned on unnegotiated

22 checks, $300,000, to remain available through September

23 30, 1996, which shall be the maximum amount available

24 for payment pursuant to section 417 of Public Law 98–

25 76.
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1 LIMITATION ON ADMINISTRATION

2 For necessary expenses for the Railroad Retirement

3 Board, $73,881,000, to be derived from the railroad re4 tirement accounts: Provided, That $200,000 of the fore5 going amount shall be available only to the extent nec6 essary to process workloads not anticipated in the budget

7 estimates and after maximum absorption of the costs of

8 such workloads within the remainder of the existing limi9 tation has been achievedΩ148æ: Provided further, That

10 notwithstanding any other provision of law, no portion of

11 this limitation shall be available for payments of standard

12 level user charges pursuant to section 210(j) of the Federal

13 Property and Administrative Services Act of 1949, as

14 amended (40 U.S.C. 490(j); 45 U.S.C. 231–231u).

15 LIMITATION ON RAILROAD UNEMPLOYMENT INSURANCE

16 ADMINISTRATION FUND

17 For further expenses necessary for the Railroad Re18 tirement Board, for administration of the Railroad Unem19 ployment Insurance Act, not less than $17,031,000 shall

20 be apportioned for fiscal year 1995 from moneys credited

21 to the railroad unemployment insurance administration

22 fund.

23 SPECIAL MANAGEMENT IMPROVEMENT FUND

24 To effect management improvements, including the

25 reduction of backlogs, accuracy of taxation accounting,

26 and debt collection, $1,640,000, to be derived from the
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1 railroad retirement accounts and railroad unemployment

2 insurance account: Provided, That these funds shall sup3 plement, not supplant, existing resources devoted to such

4 operations and improvements.

5 LIMITATION ON THE OFFICE OF INSPECTOR GENERAL

6 For expenses necessary for the Office of Inspector

7 General for audit, investigatory and review activities, as

8 authorized by the Inspector General Act of 1978, as

9 amended, not more than Ω149æ$6,682,000 $6,860,000, to

10 be derived from the railroad retirement accounts and rail11 road unemployment insurance account.

12 UNITED STATES INSTITUTE OF PEACE

13 OPERATING EXPENSES

14 For necessary expenses of the United States Institute

15 of Peace as authorized in the United States Institute of

16 Peace Act, Ω150æ$10,912,000 $11,500,000.

17 TITLE V—GENERAL PROVISIONS

18 SEC. 501. No part of the funds appropriated under

19 this Act shall be used to provide a loan, guarantee of a

20 loan, a grant, the salary of or any remuneration whatever

21 to any individual applying for admission, attending, em22 ployed by, teaching at, or doing research at an institution

23 of higher education who has engaged in conduct on or

24 after August 1, 1969, which involves the use of (or the

25 assistance to others in the use of) force or the threat of

26 force or the seizure of property under the control of an
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1 institution of higher education, to require or prevent the

2 availability of certain curricula, or to prevent the faculty,

3 administrative officials, or students in such institution

4 from engaging in their duties or pursuing their studies

5 at such institution.

6 SEC. 502. The Secretaries of Labor, Health and

7 Human Services, and Education are authorized to transfer

8 unexpended balances of prior appropriations to accounts

9 corresponding to current appropriations provided in this

10 Act: Provided, That such transferred balances are used for

11 the same purpose, and for the same periods of time, for

12 which they were originally appropriated.

13 SEC. 503. No part of any appropriation contained in

14 this Act shall remain available for obligation beyond the

15 current fiscal year unless expressly so provided herein.

16 SEC. 504. (a) No part of any appropriation contained

17 in this Act shall be used, other than for normal and recog18 nized executive-legislative relationships, for publicity or

19 propaganda purposes, for the preparation, distribution, or

20 use of any kit, pamphlet, booklet, publication, radio, tele21 vision, or film presentation designed to support or defeat

22 legislation pending before the Congress, except in presen23 tation to the Congress itself.

24 (b) No part of any appropriation contained in this

25 Act shall be used to pay the salary or expenses of any
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1 grant or contract recipient, or agent acting for such recipi2 ent, related to any activity designed to influence legislation

3 or appropriations pending before the Congress.

4 SEC. 505. The Secretaries of Labor and Education

5 are each authorized to make available not to exceed

6 $15,000 from funds available for salaries and expenses

7 under titles I and III, respectively, for official reception

8 and representation expenses; the Director of the Federal

9 Mediation and Conciliation Service is authorized to make

10 available for official reception and representation expenses

11 not to exceed $2,500 from the funds available for ‘‘Sala12 ries and expenses, Federal Mediation and Conciliation

13 Service’’; and the Chairman of the National Mediation

14 Board is authorized to make available for official reception

15 and representation expenses not to exceed $2,500 from

16 funds available for ‘‘Salaries and expenses, National Medi17 ation Board’’.

18 SEC. 506. Notwithstanding any other provision of

19 this Act, no funds appropriated under this Act shall be

20 used to carry out any program of distributing sterile nee21 dles for the hypodermic injection of any illegal drug unless

22 the Surgeon General of the United States determines that

23 such programs are effective in preventing the spread of

24 HIV and do not encourage the use of illegal drugs, except

25 that such funds may be used for such purposes in further-
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1 ance of demonstrations or studies authorized in the

2 ADAMHA Reorganization Act (Public Law 102–321).

3 Ω151æSEC. 507. (a) PURCHASE OF AMERICAN-MADE

4 EQUIPMENT AND PRODUCTS.—It is the sense of the Con5 gress that, to the greatest extent practicable, all equip6 ment and products purchased with funds made available

7 in this Act should be American-made.

8 (b) NOTICE REQUIREMENT.—In providing financial

9 assistance to, or entering into any contract with, any en10 tity using funds made available in this Act, the head of

11 each Federal agency, to the greatest extent practicable,

12 shall provide to such entity a notice describing the state13 ment made in subsection (a) by the Congress.

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

15 may be expended by an entity unless the entity agrees that

16 in expending the assistance the entity will comply with sec17 tions 2 through 4 of the Act of March 3, 1933 (41 U.S.C.

18 10a–10c, popularly known as the ‘‘Buy American Act’’).

19 SEC. 508. When issuing statements, press releases,

20 requests for proposals, bid solicitations and other docu21 ments describing projects or programs funded in whole or

22 in part with Federal money, all grantees receiving Federal

23 funds, including but not limited to State and local govern24 ments and recipients of Federal research grants, shall

25 clearly state (1) the percentage of the total costs of the
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1 program or project which will be financed with Federal

2 money, (2) the dollar amount of Federal funds for the

3 project or program, and (3) percentage and dollar amount

4 of the total costs of the project or program that will be

5 financed by nongovernmental sources.

6 SEC. 509. None of the funds appropriated under this

7 Act shall be expended for any abortion except when it is

8 made known to the Federal entity or official to which

9 funds are appropriated under this Act that such procedure

10 is necessary to save the life of the mother or that the preg11 nancy is the result of an act of rape or incest.

12 Ω152æSEC. 510. No funds appropriated herein shall

13 be used to implement any regulation promulgated under

14 section 481(b)(6) of the Higher Education Act of 1965,

15 as amended, prior to July 1, 1995.

16 Ω153æSEC. 511. None of the funds appropriated or

17 otherwise made available under this Act may be obligated

18 in violation of existing Federal law or regulation already

19 prohibiting such benefit or assistance.

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

21 made available under this Act may be obligated in violation

22 of existing Federal law or regulation already prohibiting

23 such benefit or assistance. None of the funds appropriated

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

25 State or local official, to encourage the application by or
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1 on behalf of illegal aliens for Federal or federally assisted

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

3 and each other entity administering a program under

4 which verification of immigration status is required by sec5 tion 121 of the Immigration Reform and Control Act of

6 1986 shall participate in the system for the verification of

7 such status established by the Commissioner of the Immi8 gration and Naturalization pursuant to section 121(c) of

9 that Act, unless an alternative system is available and em10 ployed for such purposes which is found to meet the criteria

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

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

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

14 Lung Benefits Act shall continue to be based on the benefit

15 rates in effect in September, 1994 and be paid in accord16 ance with the Act, until exceeded by the benefit rate speci17 fied in section 412(a)(1) of the Act.

18 SEC. 513. No more than one percent of salaries appro19 priated for each Agency in this Act may be expended by

20 that Agency on cash performance awards.

21 SEC. 514. Funds available for executive direction, ex22 cluding the Centers for Disease Control and Prevention, the

23 National Institutes of Health and the Social Security Ad24 ministration, shall not exceed the amounts set forth in the

25 budget estimates submitted to Congress for fiscal year 1995.
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1 SEC. 515. (a) No appropriations for Agencies in this

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

3 or modifications thereto to grantees or contractors deter4 mined by each Agency’s grant or contracting officer to have

5 previously included expressly unallowable costs in required

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

7 grant or contract includes a clause which—

8 (1) specifically states that the costs previously

9 determined to be unallowable will not again be re10 ported as allowable costs or claimed for reimburse11 ment, and

12 (2) requires the submission of a certification by

13 the grantee or contractor attesting to (1) above.

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

15 cost report or claim for reimbursement which includes a

16 cost that is expressly specified by regulation as being unal17 lowable and which was determined to have been disallowed

18 in a previous grant or contract with this grantee or contrac19 tor shall be subject to the provisions of 18 U.S.C. 287, 31

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

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

22 claimed for reimbursement may be evidenced by a prior

23 final determination by a grant or contracting officer of the

24 Agency disallowing such costs charged by that grantee or

25 contractor which determination is, where appropriate,
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1 upheld by any adjudicatory body, such as an Administra2 tive Law Judge, Board of Contract Appeals, or other higher

3 level review provided by law or regulation.

4 SEC. 516. PROTECTION AGAINST THE HUMAN

5 IMMUNODEFICIENCY VIRUS.

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

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

8 ‘‘§ 1118. Protection against the Human

9 Immunodeficiency Virus

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

11 the Human Immunodeficiency Virus (HIV) and receiving

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

13 knowingly attempts to donate or sell, blood, semen, tissues,

14 organs, or other bodily fluids, except as determined nec15 essary for medical research, shall be fined or imprisoned

16 in accordance with subsection (c).

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

18 the Human Immunodeficiency Virus does not have to occur

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

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

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

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

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

24 Ω154æSEC. 517. (a)(1) The Senate finds that Federal

25 payments in lieu of taxes to counties compensate local juris-
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1 dictions for services provided in areas owned by the Federal

2 Government and for tax revenues foregone due to such Fed3 eral ownership.

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

5 vital basic services such as emergency search and rescue;

6 law enforcement; fire and emergency medical services; solid

7 waste management, road maintenance, and health and

8 other human services.

9 (3) PILT payments have not been increased since

10 1976, and the consumer price index has risen 127 percent

11 since 1976.

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

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

14 and index the payments to keep pace with inflation.

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

16 in 49 States throughout the Nation.

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

18 approve the Senate passed legislation to increase PILT pay19 ments, and that this legislation should be enacted by the

20 adjournment of the One Hundred Third Congress. Further,

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

22 the President should include full funding for the PILT pro23 gram in the fiscal year 1996 budget.
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1 Ω155æTITLE VI—EMERGENCY SUPPLEMENTAL

2 APPROPRIATIONS

3 Ω156æDEPARTMENT OF HEALTH AND HUMAN

4 SERVICES

5 PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND

6 For an additional amount for the Public Health and

7 Social Services Emergency Fund to be used to assist States

8 and local communities in recovering from the flooding

9 caused by tropical storm Alberto and other disasters,

10 $35,000,000 to remain available until expended: Provided,

11 That the entire amount is designated by the Congress as

12 an emergency requirement pursuant to section

13 251(b)(2)(D)(i) of the Balanced Budget and Emergency

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

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

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

17 includes designation of the entire amount of the request as

18 an emergency requirement, as defined in the Balanced

19 Budget and Emergency Deficit Control Act of 1985 as

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

21 Ω157æDEPARTMENT OF EDUCATION

22 IMPACT AID

23 For carrying out disaster assistance activities related

24 to the flooding caused by tropical storm Alberto and other

25 disasters, authorized under section 7(a) of Public Law 81–
90

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1 874, $10,000,000, to remain available until expended, of

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

3 under the heading ‘‘DEPARTMENT OF EDUCATION’’

4 under the heading ‘‘IMPACT AID’’ in the Emergency Supple5 mental Appropriations Act of 1994 (Public Law 103–211):

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

7 extent an official budget request for a specific dollar

8 amount, that includes designation of the entire amount of

9 the request as an emergency requirement as defined in the

10 Balanced Budget and Emergency Deficit Control Act of

11 1985, as amended, is transmitted by the President to the

12 Congress: Provided, That the entire amount is designated

13 by the Congress as an emergency requirement pursuant to

14 section 251(b)(2)(D)(i) of the Balanced Budget and Emer15 gency Deficit Control Act of 1985, as amended.

16 This Act may be cited as the ‘‘Departments of Labor,

17 Health and Human Services, and Education, and Related

18 Agencies Appropriations Act, 1995’’.

Passed the House of Representatives June 29, 1994.

Attest: DONNALD K. ANDERSON,

Clerk.

Passed the Senate August 10 (legislative day, August 8), 1994.

Attest: MARTHA S. POPE,

Secretary.

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