H. R. 4606

One Hundred Third Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday,

the twenty-fifth day of January, one thousand nine hundred and ninety-four

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.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the

following sums are appropriated, out of any money in the Treasury

not otherwise appropriated, for the Departments of Labor, Health

and Human Services, and Education, and related agencies for the

fiscal year ending September 30, 1995, and for other purposes,

namely:

TITLE I—DEPARTMENT OF LABOR

EMPLOYMENT AND TRAINING ADMINISTRATION

PROGRAM ADMINISTRATION

For expenses of administering employment and training pro- grams and for carrying out section 908 of the Social Security Act,

$90,276,000, together with not to exceed $45,073,000, which may

be expended from the Employment Security Administration account

in the Unemployment Trust Fund.

TRAINING AND EMPLOYMENT SERVICES

(INCLUDING RESCISSION)

For expenses necessary to carry into effect the Job Training Partnership Act, as amended, including the purchase and hire

of passenger motor vehicles, the construction, alteration, and repair

of buildings and other facilities, and the purchase of real property

for training centers as authorized by the Job Training Partnership

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

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

McKinney Homeless Assistance Act; the Women in Apprenticeship

and Nontraditional Occupations Act; Goals 2000: Educate America

Act; and the School-to-Work Opportunities Act; $5,505,885,000 plus

reimbursements, of which $5,181,250,000 is available for obligation

for the period July 1, 1995 through June 30, 1996; of which

$142,029,000 is available for the period July 1, 1995 through June

30, 1998 for necessary expenses of construction, rehabilitation, and

acquisition of Job Corps centers, including $46,404,000 for new

centers; and of which $125,000,000 shall be available for obligation

from July 1, 1995 through September 30, 1996, for carrying out

activities of the School-to-Work Opportunities Act: Provided, That

$64,080,000 shall be for carrying out section 401 of the Job Training
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Partnership Act, $85,710,000 shall be for carrying out section 402

of such Act, $8,880,000 shall be for carrying out section 441 of

such Act, $2,223,000 shall be for the National Commission for

Employment Policy, $6,000,000 shall be for all activities conducted

by and through the National Occupational Information Coordinating

Committee under such Act, $3,861,000 shall be for service delivery

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

amounts otherwise provided under sections 202, 252 and 262 of

the Act, $1,054,813,000 shall be for carrying out title II, part

A of such Act, and $598,682,000 shall be for carrying out title

II, part C of such Act: Provided further, That no funds from any

other appropriation shall be used to provide meal services at or

for Job Corps centers: Provided further, That funds used from

this Act to carry out title III of the Job Training Partnership

Act shall not be subject to the limitation contained in subsection

(b) of section 315 of such Act; that the waiver allowing a reduction

in the cost limitation relating to retraining services described in

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

to funds used from this Act if a substate grantee demonstrates

to the Governor that such waiver is appropriate due to the availability of low-cost retraining services, is necessary to facilitate the

provision of needs-related payments to accompany long-term training, or is necessary to facilitate the provision of appropriate basic

readjustment services; and that funds used from this Act to carry

out the Secretary’s discretionary grants under part B of such title

III may be used to provide needs-related payments to participants

who, in lieu of meeting the requirements relating to enrollment

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

by the end of the sixth week after grant funds have been awarded.

Of the amounts made available in fiscal year 1994 under the

Job Training Partnership Act, title II–C, $50,000,000 are hereby

rescinded.

COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS

To carry out the activities for national grants or contracts

with public agencies and public or private nonprofit organizations

under paragraph (1)(A) of section 506(a) of title V of the Older

Americans Act of 1965, as amended, $320,190,000.

To carry out the activities for grants to States under paragraph

(3) of section 506(a) of title V of the Older Americans Act of

1965, as amended, $90,310,000.

FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES

For payments during the current fiscal year of benefits and

payments as authorized by title II of Public Law 95–250, as

amended, and of trade adjustment benefit payments and allowances

under part I, and for training, for allowances for job search and

relocation, and for related State administrative expenses under

part II, subchapters B and D, chapter 2, title II of the Trade

Act of 1974, as amended, $274,400,000 together with such amounts

as may be necessary to be charged to the subsequent appropriation

for payments for any period subsequent to September 15 of the

current year.
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STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT SERVICE

OPERATIONS

For activities authorized by the Act of June 6, 1933, as amended

(29 U.S.C. 49–49l–1; 39 U.S.C. 3202(a)(1)(E)); title III of the Social

Security Act, as amended (42 U.S.C. 502–504); necessary administrative expenses for carrying out 5 U.S.C. 8501–8523, and sections

225, 231–235, 243–244, and 250(d)(1), 250(d)(3), title II of the

Trade Act of 1974, as amended; as authorized by section 7c of

the Act of June 6, 1933, as amended, necessary administrative

expenses under sections 101(a)(15)(H), 212(a)(5)(A), (m) (2) and

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

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

administrative expenses to carry out the Targeted Jobs Tax Credit

Program under section 51 of the Internal Revenue Code of 1986,

and section 221(a) of the Immigration Act of 1990, $147,188,000,

together with not to exceed $3,269,097,000 (including not to exceed

$1,653,000 which may be used for amortization payments to States

which had independent retirement plans in their State employment

service agencies prior to 1980, and including not to exceed

$1,000,000 which may be obligated in contracts with non-State

entities for activities such as occupational and test research activities which benefit the Federal-State Employment Service System),

which may be expended from the Employment Security Administration account in the Unemployment Trust Fund, and of which the

sums available in the allocation for activities authorized by title

III of the Social Security Act, as amended (42 U.S.C. 502–504),

and the sums available in the allocation for necessary administrative expenses for carrying out 5 U.S.C. 8501–8523, shall be available

for obligation by the States through December 31, 1995, except

that funds used for automation acquisitions shall be available for

obligation by States through September 30, 1997; and of which

$145,254,000 together with not to exceed $820,658,000 of the

amount which may be expended from said trust fund shall be

available for obligation for the period July 1, 1995, through June

30, 1996, to fund activities under the Act of June 6, 1933, as

amended, including the cost of penalty mail made available to

States in lieu of allotments for such purpose, and of which

$223,837,000 shall be available only to the extent necessary for

additional State allocations to administer unemployment compensation laws to finance increases in the number of unemployment

insurance claims filed and claims paid or changes in a State law:

Provided, That to the extent that the Average Weekly Insured Unemployment (AWIU) for fiscal year 1995 is projected by the

Department of Labor to exceed 2.772 million, an additional

$30,000,000 shall be available for obligation for every 100,000

increase in the AWIU level (including a pro rata amount for any

increment less than 100,000) from the Employment Security

Administration Account of the Unemployment Trust Fund: Provided

further, That funds appropriated in this Act and in Public Law

103–112 which are used to establish a national one-stop career

center network may be obligated in contracts, grants or agreements

with non-State entities: Provided further, That funds appropriated

under this Act for activities authorized under the Wagner-Peyser

Act, as amended, and title III of the Social Security Act, may

be used by the States to fund integrated Employment Service and

Unemployment Insurance automation efforts, notwithstanding cost
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allocation principles prescribed under Office of Management and

Budget Circular A–87.

ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND OTHER FUNDS

For repayable advances to the Unemployment Trust Fund as

authorized by sections 905(d) and 1203 of the Social Security Act,

as amended, and to the Black Lung Disability Trust Fund as

authorized by section 9501(c)(1) of the Internal Revenue Code of

1954, as amended; and for nonrepayable advances to the Unemployment Trust Fund as authorized by section 8509 of title 5, United

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

5 of Public Law 103–6, and to the ‘‘Federal unemployment benefits

and allowances’’ account, to remain available until September 30,

1996, $686,000,000.

In addition, for making repayable advances to the Black Lung

Disability Trust Fund in the current fiscal year after September

15, 1995, for costs incurred by the Black Lung Disability Trust

Fund in the current fiscal year, such sums as may be necessary.

OFFICE OF THE AMERICAN WORKPLACE

SALARIES AND EXPENSES

For necessary expenses for the Office of the American Workplace, $31,471,000.

PENSION AND WELFARE BENEFITS ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses for Pension and Welfare Benefits

Administration, $69,454,000.

PENSION BENEFIT GUARANTY CORPORATION

PENSION BENEFIT GUARANTY CORPORATION FUND

The Pension Benefit Guaranty Corporation is authorized to

make such expenditures, including financial assistance authorized

by section 104 of Public Law 96–364, within limits of funds and

borrowing authority available to such Corporation, and in accord

with law, and to make such contracts and commitments without

regard to fiscal year limitations as provided by section 104 of

the Government Corporation Control Act, as amended (31 U.S.C.

9104), as may be necessary in carrying out the program through

September 30, 1995, for such Corporation: Provided, That not to

exceed $11,493,000 shall be available for administrative expenses

of the Corporation: Provided further, That expenses of such Corporation in connection with the termination of pension plans, for the

acquisition, protection or management, and investment of trust

assets, and for benefits administration services shall be considered

as non-administrative expenses for the purposes hereof, and

excluded from the above limitation.
H. R. 4606—5

EMPLOYMENT STANDARDS ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses for the Employment Standards Administration, including reimbursement to State, Federal, and

local agencies and their employees for inspection services rendered,

$248,667,000, together with $1,059,000 which may be expended

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

of the Longshore and Harbor Workers’ Compensation Act: Provided,

That the Secretary of Labor is authorized to accept, retain, and

spend, until expended, in the name of the Department of Labor,

all sums of money ordered to be paid to the Secretary of Labor,

in accordance with the terms of the Consent Judgment in Civil

Action No. 91–0027 of the United States District Court for the

District of the Northern Mariana Islands (May 21, 1992): Provided

further, That the Secretary of Labor is authorized to establish and, in accordance with 31 U.S.C. 3302, collect and deposit in

the Treasury fees for processing applications and issuing certificates

under sections 11(d) and 14 of the Fair Labor Standards Act of

1938, as amended (29 U.S.C. 211(d) and 214) and for processing

applications and issuing registrations under Title I of the Migrant

and Seasonal Agricultural Worker Protection Act, 29 U.S.C. 1801

et seq.

SPECIAL BENEFITS

(INCLUDING TRANSFER OF FUNDS)

For the payment of compensation, benefits, and expenses (except administrative expenses) accruing during the current or

any prior fiscal year authorized by title 5, chapter 81 of the United

States Code; continuation of benefits as provided for under the

head ‘‘Civilian War Benefits’’ in the Federal Security Agency Appropriation Act, 1947; the Employees’ Compensation Commission

Appropriation Act, 1944; and sections 4(c) and 5(f) of the War

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

of the additional compensation and benefits required by section

10(h) of the Longshore and Harbor Workers’ Compensation Act,

as amended, $258,000,000 together with such amounts as may

be necessary to be charged to the subsequent year appropriation

for the payment of compensation and other benefits for any period

subsequent to August 15 of the current year: Provided, That such

sums as are necessary may be used for a demonstration project

under section 8104 of title 5, United States Code, in which the

Secretary may reimburse an employer, who is not the employer

at the time of injury, for portions of the salary of a reemployed,

disabled beneficiary: Provided further, That balances of reimbursements unobligated on September 30, 1994, shall remain available

until expended for the payment of compensation, benefits, and

expenses: Provided further, That in addition there shall be transferred to this appropriation from the Postal Service and from any

other corporation or instrumentality required under section 8147(c)

of title 5, United States Code, to pay an amount for its fair share

of the cost of administration, such sums as the Secretary of Labor

determines to be the cost of administration for employees of such

fair share entities through September 30, 1995: Provided further,

That of those funds transferred to this account from the fair share

entities to pay the cost of administration, $5,299,000 shall be made
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available to the Secretary of Labor for expenditures relating to

capital improvements in support of Federal Employees’ Compensation Act administration, and the balance of such funds shall be

paid into the Treasury as miscellaneous receipts: Provided further, That the Secretary may require that any person filing a notice

of injury or a claim for benefits under subchapter 5, U.S.C., chapter

81, or under subchapter 33, U.S.C. 901, et seq. (the Longshore

and Harbor Workers’ Compensation Act, as amended), provide as

part of such notice and claim, such identifying information (including Social Security account number) as such regulations may

prescribe.

BLACK LUNG DISABILITY TRUST FUND

(INCLUDING TRANSFER OF FUNDS)

For payments from the Black Lung Disability Trust Fund, $994,864,000, of which $943,005,000 shall be available until

September 30, 1996, for payment of all benefits as authorized

by section 9501(d) (1), (2), (4), and (7), of the Internal Revenue

Code of 1954, as amended, and interest on advances as authorized

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

be available for transfer to Employment Standards Administration,

Salaries and Expenses, and $23,333,000 for transfer to Departmental Management, Salaries and Expenses, and $310,000 for

transfer to Departmental Management, Office of Inspector General,

for expenses of operation and administration of the Black Lung

Benefits program as authorized by section 9501(d)(5)(A) of that

Act: Provided, That in addition, such amounts as may be necessary

may be charged to the subsequent year appropriation for the payment of compensation, interest, or other benefits for any period

subsequent to June 15 of the current year: Provided further, That

in addition such amounts shall be paid from this fund into miscellaneous receipts as the Secretary of the Treasury determines

to be the administrative expenses of the Department of the Treasury

for administering the fund during the current fiscal year, as authorized by section 9501(d)(5)(B) of that Act.

OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses for the Occupational Safety and Health

Administration, $312,500,000, including not to exceed $70,615,000

which shall be the maximum amount available for grants to States

under section 23(g) of the Occupational Safety and Health Act,

which grants shall be no less than fifty percent of the costs of

State occupational safety and health programs required to be

incurred under plans approved by the Secretary under section 18

of the Occupational Safety and Health Act of 1970; and, in addition,

notwithstanding 31 U.S.C. 3302, the Occupational Safety and

Health Administration may retain up to $500,000 per fiscal year

of training institute course tuition fees, otherwise authorized by

law to be collected, and may utilize such sums for occupational

safety and health training and education grants: Provided, That

none of the funds appropriated under this paragraph shall be obligated or expended to prescribe, issue, administer, or enforce any

standard, rule, regulation, or order under the Occupational Safety

and Health Act of 1970 which is applicable to any person who
H. R. 4606—7

is engaged in a farming operation which does not maintain a

temporary labor camp and employs ten or fewer employees: Provided further, That no funds appropriated under this paragraph shall be obligated or expended to administer or enforce any standard, rule, regulation, or order under the Occupational Safety and

Health Act of 1970 with respect to any employer of ten or fewer

employees who is included within a category having an occupational

injury lost workday case rate, at the most precise Standard Industrial Classification Code for which such data are published, less

than the national average rate as such rates are most recently

published by the Secretary, acting through the Bureau of Labor

Statistics, in accordance with section 24 of that Act (29 U.S.C.

673), except— (1) to provide, as authorized by such Act, consultation, technical assistance, educational and training services, and to

conduct surveys and studies; (2) to conduct an inspection or investigation in response to an employee complaint, to issue a citation for violations

found during such inspection, and to assess a penalty for violations which are not corrected within a reasonable abatement

period and for any willful violations found; (3) to take any action authorized by such Act with respect to imminent dangers; (4) to take any action authorized by such Act with respect to health hazards;

(5) to take any action authorized by such Act with respect to a report of an employment accident which is fatal to one

or more employees or which results in hospitalization of two

or more employees, and to take any action pursuant to such

investigation authorized by such Act; and (6) to take any action authorized by such Act with respect to complaints of discrimination against employees for exercising

rights under such Act: Provided further, That the foregoing proviso shall not apply to any person who is engaged in a farming operation which does

not maintain a temporary labor camp and employs ten or fewer

employees.

MINE SAFETY AND HEALTH ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses for the Mine Safety and Health Administration, $201,238,000, of which $5,851,000 shall be for the

State Grants Program, including purchase and bestowal of certificates and trophies in connection with mine rescue and first-aid

work, and the hire of passenger motor vehicles; the Secretary is

authorized to accept lands, buildings, equipment, and other contributions from public and private sources and to prosecute projects

in cooperation with other agencies, Federal, State, or private; the

Mine Safety and Health Administration is authorized to promote

health and safety education and training in the mining community

through cooperative programs with States, industry, and safety

associations; and any funds available to the Department may be

used, with the approval of the Secretary, to provide for the costs

of mine rescue and survival operations in the event of a major

disaster: Provided, That none of the funds appropriated under this

paragraph shall be obligated or expended to carry out section 115
H. R. 4606—8

of the Federal Mine Safety and Health Act of 1977 or to carry

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

enforcement of any training requirements, with respect to shell

dredging, or with respect to any sand, gravel, surface stone, surface

clay, colloidal phosphate, or surface limestone mine.

BUREAU OF LABOR STATISTICS

SALARIES AND EXPENSES

For necessary expenses for the Bureau of Labor Statistics,

including advances or reimbursements to State, Federal, and local

agencies and their employees for services rendered, $298,761,000,

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

Price Index and shall remain available until September 30, 1996,

together with not to exceed $54,102,000, which may be expended

from the Employment Security Administration account in the

Unemployment Trust Fund.

DEPARTMENTAL MANAGEMENT

SALARIES AND EXPENSES

For necessary expenses for Departmental Management, including the hire of five sedans, and including up to $4,392,000 for

the President’s Committee on Employment of People With Disabilities, and including $2,100,000 for the International Program on

the Elimination of Child Labor notwithstanding any other provision

of law, $154,827,000 together with not to exceed $328,000, which

may be expended from the Employment Security Administration

account in the Unemployment Trust Fund.

ASSISTANT SECRETARY FOR VETERANS EMPLOYMENT AND TRAINING

Not to exceed $185,281,000 may be derived from the Employment Security Administration account in the Unemployment Trust

Fund to carry out the provisions of 38 U.S.C. 2001–10 and

2021–26.

OFFICE OF INSPECTOR GENERAL

For salaries and expenses of the Office of Inspector General

in carrying out the provisions of the Inspector General Act of

1978, as amended, $48,106,000, together with not to exceed

$3,913,000, which may be expended from the Employment Security

Administration account in the Unemployment Trust Fund.

GENERAL PROVISIONS

SEC. 101. DETERRENCE OF FRAUD AND ABUSE IN THE FEDERAL

EMPLOYEE’S WORKER COMPENSATION PROGRAM.

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

is amended by inserting after section 8147 the following new section:

‘‘§ 8148. Forfeiture of benefits by convicted felons

‘‘(a) Any individual convicted of a violation of section 1920

of title 18, or any other Federal or State criminal statute relating

to fraud in the application for a receipt of any benefit under this

subchapter or subchapter III of this chapter, shall forfeit (as of
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the date of such conviction) any entitlement to any benefit such

individual would otherwise be entitled to under this subchapter

or subchapter III for any injury occurring on or before the date

of such conviction. Such forfeiture shall be in addition to any

action the Secretary may take under section 8106 or 8129.

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

(except as provided under paragraph (3)), no benefits under this

subchapter or subchapter III of this chapter shall be paid or provided to any individual during any period during which such

individual is confined in a jail, prison, or other penal institution

or correctional facility, pursuant to that individual’s conviction of

an offense that constituted a felony under applicable law.

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

forfeited during the period of incarceration under paragraph (1),

after such period of incarceration ends.

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

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

period of incarceration, pay to such dependents a percentage of

the benefits that would have been payable to such individual computed according to the percentages set forth in section 8133(a)

(1) through (5).

‘‘(c) Notwithstanding the provision of section 552a of this title,

or any other provision of Federal or State law, any agency of

the United States Government or of any State (or political subdivision thereof) shall make available to the Secretary of Labor, upon

written request, the names and Social Security account numbers

of individuals who are confined in a jail, prison, or other penal

institution or correctional facility under the jurisdiction of such

agency, pursuant to such individuals’ conviction of an offense that

constituted a felony under applicable law, which the Secretary

of Labor may require to carry out the provisions of this section.’’.

(2) The table of sections for chapter 81 of title 5, United States

Code, is amended by inserting after the item relating to section

8147 the following new item:

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

(b) CRIMINAL PENALTIES.—(1) Section 1920 of title 18, United

States Code, is amended to read as follows:

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

‘‘Whoever knowingly and willfully falsifies, conceals, or covers

up a material fact, or makes a false, fictitious, or fraudulent statement or representation, or makes or uses a false statement or

report knowing the same to contain any false, fictitious, or fraudulent statement or entry in connection with the application for or

receipt of compensation or other benefit or payment under subchapter I or III of chapter 81 of title 5, shall be guilty of perjury,

and on conviction thereof shall be punished by a fine of not more

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

or both; but if the amount of the benefits falsely obtained does

not exceed $1,000, such person shall be punished by a fine of

not more than $100,000, or by imprisonment for not more than

1 year, or both.’’.
H. R. 4606—10

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

States Code, is amended by amending the item relating to section

1920 to read as follows:

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

(c) EFFECTIVE DATE.—The amendments made by this section shall take effect on the date of the enactment of this Act. The

amendments made by subsection (a) shall apply to claims filed

before, on, or after the date of enactment of this Act, and shall

apply only to individuals convicted after such date of enactment.

SEC. 102. None of the funds appropriated under this Act shall

be expended by the Secretary of Labor to implement or administer

either the final or proposed regulations referred to in section 303

of Public Law 102–27.

(TRANSFER OF FUNDS)

SEC. 103. Not to exceed 1 percent of any appropriation made available for the current fiscal year for the Department of Labor

in this Act may be transferred between such appropriations, but

no such appropriation shall be increased by more than 3 percent

by any such transfers: Provided, That any transfer pursuant to this section shall be treated as a reprogramming of funds under

section 104 of this Act and shall not be available for obligation

or expenditure except in compliance with the procedures set forth

in that section.

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

the Department of Labor shall be available for obligation or expenditure through a reprogramming of funds which: (1) creates new

programs; (2) eliminates a program, project, or activity; (3) increases

funds or personnel by any means for any project or activity for

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

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

(6) contracts out or privatizes any functions or activities presently

performed by Federal employees; unless the Appropriations

Committees of both Houses of Congress are notified fifteen days

in advance of such reprogramming of funds. (b) None of the funds provided under this Act to the Department

of Labor shall be available for obligation or expenditure for activities, programs, or projects through a reprogramming of funds in

excess of $500,000 or 10 percent, whichever is less, that: (1) augments existing programs, projects, or activities; (2) reduces by 10

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

numbers of personnel by 10 percent as approved by Congress;

or (3) results from any general savings from a reduction in personnel

which would result in a change in existing programs, activities,

or projects as approved by Congress, unless the Appropriations

Committees of both Houses of Congress are notified fifteen days

in advance of such reprogramming of funds.

SEC. 105. The Secretary of Labor is authorized to accept, in

the name of the Department of Labor, and employ or dispose

of in furtherance of authorized activities of the Department of

Labor, during the fiscal year ending September 30, 1995, and each

fiscal year thereafter, any money or property, real, personal, or

mixed, tangible or intangible, received by gift, devise, bequest,

or otherwise.

SEC. 106. Section 5315 of title 5, United States Code, is

amended by inserting at the end thereof: ‘‘The Commissioner of

Labor Statistics, Department of Labor.’’.
H. R. 4606—11

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

striking: ‘‘Commissioner of Labor Statistics, Department of Labor.’’.

SEC. 107. None of the funds appropriated in this title for

the Job Corps shall be used to pay the compensation of an individual, either as direct costs or any proration as an indirect cost,

at a rate in excess of $125,000.

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

TITLE II—DEPARTMENT OF HEALTH AND HUMAN

SERVICES

HEALTH RESOURCES AND SERVICES ADMINISTRATION

HEALTH RESOURCES AND SERVICES

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

and XXVI of the Public Health Service Act, section 427(a) of the

Federal Coal Mine Health and Safety Act, title V of the Social

Security Act, the Health Care Quality Improvement Act of 1986,

as amended, Public Law 101–527, and the Native Hawaiian Health

Care Act of 1988, as amended, $3,056,203,000, of which $411,000

shall remain available until expended for interest subsidies on

loan guarantees made prior to fiscal year 1981 under part B of

title VII of the Public Health Service Act: Provided, That when

the Department of Health and Human Services administers or

operates an employee health program for any Federal department

or agency, payment for the full estimated cost shall be made by

way of reimbursement or in advance to this appropriation: Provided

further, That of the funds made available under this heading,

$933,000 shall be available until expended for facilities renovations

at the Gillis W. Long Hansen’s Disease Center: Provided further,

That in addition to fees authorized by section 427(b) of the Health

Care Quality Improvement Act of 1986, fees shall be collected

for the full disclosure of information under the Act sufficient to

recover the full costs of operating the National Practitioner Data

Bank, and shall remain available until expended to carry out that

Act: Provided further, That of the amounts available for Area Health

Education Centers, $24,625,000 shall be for section 746(i)(1)(A)

of the Health Professions Education Extension Amendments of

1992, notwithstanding section 746(i)(1)(C): Provided further, That

no more than $5,000,000 is available for carrying out the provisions

of Public Law 102–501.

MEDICAL FACILITIES GUARANTEE AND LOAN FUND

FEDERAL INTEREST SUBSIDIES FOR MEDICAL FACILITIES

For carrying out subsections (d) and (e) of section 1602 of

the Public Health Service Act, $9,000,000, together with any

amounts received by the Secretary in connection with loans and

loan guarantees under title VI of the Public Health Service Act,

to be available without fiscal year limitation for the payment of

interest subsidies. During the fiscal year, no commitments for direct

loans or loan guarantees shall be made.
H. R. 4606—12

HEALTH EDUCATION ASSISTANCE LOANS PROGRAM

For the cost of guaranteed loans, such sums as may be nec- essary to carry out the purpose of the program, as authorized

by title VII of the Public Health Service Act, as amended: Provided,

That such costs, including the cost of modifying such loans, shall

be as defined in section 502 of the Congressional Budget Act of

1974: Provided further, That these funds are available to subsidize

gross obligations for the total loan principal any part of which

is to be guaranteed at not to exceed $375,000,000. In addition,

for administrative expenses to carry out the guaranteed loan program, $2,946,000.

VACCINE INJURY COMPENSATION PROGRAM TRUST FUND

For payments from the Vaccine Injury Compensation Program Trust Fund, such sums as may be necessary for claims associated

with vaccine-related injury or death with respect to vaccines

administered after September 30, 1988, pursuant to subtitle 2 of

title XXI of the Public Health Service Act, to remain available

until expended: Provided, That for necessary administrative expenses, not to exceed $3,000,000 shall be available from the

Trust Fund to the Secretary of Health and Human Services.

VACCINE INJURY COMPENSATION

For payment of claims resolved by the United States Court of Federal Claims related to the administration of vaccines before

October 1, 1988, $110,000,000, to remain available until expended.

CENTERS FOR DISEASE CONTROL AND PREVENTION

DISEASE CONTROL, RESEARCH, AND TRAINING

To carry out titles II, III, VII, XI, XV, XVII, and XIX of the Public Health Service Act, sections 101, 102, 103, 201, 202, and

203 of the Federal Mine Safety and Health Act of 1977, and sections

20, 21, and 22 of the Occupational Safety and Health Act of 1970;

including insurance of official motor vehicles in foreign countries;

and hire, maintenance, and operation of aircraft, $2,089,443,000,

of which $3,575,000 shall remain available until expended for equipment and construction and renovation of facilities, and in addition,

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

shall be credited to this account: Provided, That for fiscal year

1995 and subsequent fiscal years training of private persons shall

be made subject to reimbursement or advances to this appropriation

for not in excess of the full cost of such training: Provided further,

That funds appropriated under this heading for fiscal year 1995

and subsequent fiscal years shall be available for payment of the

costs of medical care, related expenses, and burial expenses hereafter incurred by or on behalf of any person who had participated

in the study of untreated syphilis initiated in Tuskegee, Alabama,

in 1932, in such amounts and subject to such terms and conditions

as prescribed by the Secretary of Health and Human Services

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

conditions, of such costs and expenses hereafter incurred by or

on behalf of such person’s wife or offspring determined by the

Secretary to have suffered injury or disease from syphilis contracted

from such person: Provided further, That for fiscal year 1995 and
H. R. 4606—13

subsequent fiscal years amounts received by the National Center

for Health Statistics from reimbursements and interagency agreements and the sale of data tapes may be credited to this appropriation and shall remain available until expended: Provided further,

That in addition to amounts provided herein, up to $27,862,000

shall be available from amounts available under section 241 of

the Public Health Service Act, to carry out the National Center

for Health Statistics surveys.

NATIONAL INSTITUTES OF HEALTH

NATIONAL CANCER INSTITUTE

For carrying out section 301 and title IV of the Public Health

Service Act with respect to cancer, $1,919,419,000.

NATIONAL HEART, LUNG, AND BLOOD INSTITUTE

For carrying out sections 301 and 1105 and title IV of the

Public Health Service Act with respect to cardiovascular, lung,

and blood diseases, and blood and blood products, $1,259,590,000.

NATIONAL INSTITUTE OF DENTAL RESEARCH

For carrying out section 301 and title IV of the Public Health

Service Act with respect to dental disease, $162,832,000.

NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND KIDNEY

DISEASES

For carrying out section 301 and title IV of the Public Health

Service Act with respect to diabetes and digestive and kidney diseases, $728,284,000.

NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS AND STROKE

For carrying out section 301 and title IV of the Public Health

Service Act with respect to neurological disorders and stroke,

$628,301,000.

NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES

For carrying out section 301 and title IV of the Public Health

Service Act with respect to allergy and infectious diseases,

$536,416,000.

NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES

For carrying out section 301 and title IV of the Public Health

Service Act with respect to general medical sciences, $877,113,000.

NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN DEVELOPMENT

For carrying out section 301 and title IV of the Public Health

Service Act with respect to child health and human development,

$513,409,000.

NATIONAL EYE INSTITUTE

For carrying out section 301 and title IV of the Public Health

Service Act with respect to eye diseases and visual disorders,

$291,600,000.
H. R. 4606—14

NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES

For carrying out sections 301 and 311 and title IV of the

Public Health Service Act with respect to environmental health

sciences, $267,566,000.

NATIONAL INSTITUTE ON AGING

For carrying out section 301 and title IV of the Public Health

Service Act with respect to aging, $432,698,000.

NATIONAL INSTITUTE OF ARTHRITIS AND MUSCULOSKELETAL AND SKIN

DISEASES

For carrying out section 301 and title IV of the Public Health

Service Act with respect to arthritis, and musculoskeletal and skin

diseases, $228,521,000.

NATIONAL INSTITUTE ON DEAFNESS AND OTHER COMMUNICATION

DISORDERS

For carrying out section 301 and title IV of the Public Health

Service Act with respect to deafness and other communication disorders, $166,886,000.

NATIONAL INSTITUTE OF NURSING RESEARCH

For carrying out section 301 and title IV of the Public Health

Service Act with respect to nursing research, $48,237,000.

NATIONAL INSTITUTE ON ALCOHOL ABUSE AND ALCOHOLISM

For carrying out section 301 and title IV of the Public Health

Service Act with respect to alcohol abuse and alcoholism,

$181,445,000.

NATIONAL INSTITUTE ON DRUG ABUSE

For carrying out section 301 and title IV of the Public Health

Service Act with respect to drug abuse, $290,280,000.

NATIONAL INSTITUTE OF MENTAL HEALTH

For carrying out section 301 and title IV of the Public Health

Service Act with respect to mental health, $543,550,000.

NATIONAL CENTER FOR RESEARCH RESOURCES

For carrying out section 301 and title IV of the Public Health

Service Act with respect to research resources and general research

support grants, $294,877,000: Provided, That none of these funds

shall be used to pay recipients of the general research support

grants program any amount for indirect expenses in connection

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

extramural facilities construction grants.

NATIONAL CENTER FOR HUMAN GENOME RESEARCH

For carrying out section 301 and title IV of the Public Health

Service Act with respect to human genome research, $152,010,000.
H. R. 4606—15

JOHN E. FOGARTY INTERNATIONAL CENTER

For carrying out the activities at the John E. Fogarty International Center, $14,697,000.

NATIONAL LIBRARY OF MEDICINE

For carrying out section 301 and title IV of the Public Health

Service Act with respect to health information communications,

$126,274,000.

OFFICE OF THE DIRECTOR

(INCLUDING TRANSFER OF FUNDS)

For carrying out the responsibilities of the Office of the Director,

National Institutes of Health, $218,367,000, of which $3,375,000

shall be transferred to the National Institute of General Medical

Sciences: Provided, That funding shall be available for the purchase

of not to exceed five passenger motor vehicles for replacement

only: Provided further, That the Director may direct up to 1 percent

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

Institutes of Health appropriations to activities the Director may

so designate: Provided further, That no such appropriation shall

be increased or decreased by more than 1 percent by any such

transfers and that the Congress is promptly notified of the transfer.

OFFICE OF AIDS RESEARCH

(INCLUDING TRANSFER OF FUNDS)

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

Service Act, $1,337,606,000: Provided, That the Director of the

Office of AIDS Research shall transfer from this appropriation

the amounts necessary to carry out section 2353(d) of the Act.

BUILDINGS AND FACILITIES

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

for, facilities of or used by the National Institutes of Health, including the acquisition of real property, $114,120,000, to remain available until expended.

SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION

SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

For carrying out the Public Health Service Act with respect

to substance abuse and mental health services, section 612 of Public

Law 100–77, as amended, and the Protection and Advocacy for

Mentally Ill Individuals Act of 1986, $2,181,407,000: Provided, That

no portion of amounts appropriated for the programs of the Department of Health and Human Services shall be available for obligation

pursuant to section 571 of the Public Health Service Act, other

than an amount of $3,750,000 from amounts appropriated to carry

out section 510 of that Act.
H. R. 4606—16

ASSISTANT SECRETARY FOR HEALTH

OFFICE OF THE ASSISTANT SECRETARY FOR HEALTH

(INCLUDING TRANSFER OF FUNDS)

For the expenses necessary for the Office of Assistant Secretary

for Health and for carrying out titles III, XVII, XX and XXI of

the Public Health Service Act, $65,267,000, together with

$1,500,000 which shall be only for employee buyouts, terminal

leave, severance pay, and other costs related to the reduction of

the number of employees in the Office of the Assistant Secretary

for Health, and, in addition, amounts received from Freedom of

Information Act fees and reimbursable and interagency agreements

shall be credited to this appropriation and shall remain available

until expended.

RETIREMENT PAY AND MEDICAL BENEFITS FOR COMMISSIONED

OFFICERS

For retirement pay and medical benefits of Public Health Service Commissioned Officers as authorized by law, and for payments

under the Retired Serviceman’s Family Protection Plan and Survivor Benefit Plan and for medical care of dependents and retired

personnel under the Dependents’ Medical Care Act (10 U.S.C. ch.

55), and for payments pursuant to section 229(b) of the Social

Security Act (42 U.S.C. 429(b)), such amounts as may be required

during the current fiscal year.

AGENCY FOR HEALTH CARE POLICY AND RESEARCH

HEALTH CARE POLICY AND RESEARCH

For carrying out titles III and IX of the Public Health Service

Act, and part A of title XI of the Social Security Act, $138,642,000,

together with not to exceed $5,796,000 to be transferred from the

Federal Hospital Insurance and the Federal Supplementary Medical

Insurance Trust Funds, as authorized by sections 1142 and 201(g)

of the Social Security Act; in addition, amounts received from

Freedom of Information Act fees, reimbursable and interagency

agreements, and the sale of data tapes shall be credited to this

appropriation and shall remain available until expended: Provided,

That the amount made available pursuant to section 926(b) of

the Public Health Service Act shall not exceed $18,300,000.

HEALTH CARE FINANCING ADMINISTRATION

GRANTS TO STATES FOR MEDICAID

For carrying out, except as otherwise provided, titles XI and

XIX of the Social Security Act, $62,640,775,000, to remain available

until expended.

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

title XIX of the Social Security Act for the last quarter of fiscal

year 1995 for unanticipated costs, incurred for the current fiscal

year, such sums as may be necessary.

For making payments to States under title XIX of the Social

Security Act for the first quarter of fiscal year 1996,

$27,047,717,000, to remain available until expended.
H. R. 4606—17

Payment under title XIX may be made for any quarter with

respect to a State plan or plan amendment in effect during such

quarter, if submitted in or prior to such quarter and approved

in that or any subsequent quarter.

PAYMENTS TO HEALTH CARE TRUST FUNDS

For payment to the Federal Hospital Insurance and the Federal

Supplementary Medical Insurance Trust Funds, as provided under

sections 217(g) and 1844 of the Social Security Act, sections 103(c)

and 111(d) of the Social Security Amendments of 1965, section

278(d) of Public Law 97–248, and for administrative expenses

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

$37,546,758,000.

PROGRAM MANAGEMENT

For carrying out, except as otherwise provided, titles XI, XVIII,

and XIX of the Social Security Act, and title XIII of the Public

Health Service Act, the Clinical Laboratory Improvement Amendments of 1988, section 4360 of Public Law 101–508, and section

4005(e) of Public Law 100–203, not to exceed $2,207,135,000,

together with all funds collected in accordance with section 353

of the Public Health Service Act, the latter funds to remain available

until expended; the $2,207,135,000 to be transferred to this appropriation as authorized by section 201(g) of the Social Security Act,

from the Federal Hospital Insurance and the Federal Supplementary Medical Insurance Trust Funds: Provided, That all funds

derived in accordance with 31 U.S.C. 9701 from organizations established under title XIII of the Public Health Service Act are to

be credited to this appropriation.

HEALTH MAINTENANCE ORGANIZATION LOAN AND LOAN GUARANTEE

FUND

For carrying out subsections (d) and (e) of section 1308 of

the Public Health Service Act, $15,000,000 together with any

amounts received by the Secretary in connection with loans and

loan guarantees under title XIII of the Public Health Service Act,

to be available without fiscal year limitation for the payment of

outstanding obligations. During fiscal year 1995, no commitments

for direct loans or loan guarantees shall be made.

SOCIAL SECURITY ADMINISTRATION

PAYMENTS TO SOCIAL SECURITY TRUST FUNDS

For payment to the Federal Old-Age and Survivors Insurance

and the Federal Disability Insurance Trust Funds, as provided

under sections 201(m), 228(g), and 1131(b)(2) of the Social Security

Act, $25,094,000.

SPECIAL BENEFITS FOR DISABLED COAL MINERS

For carrying out title IV of the Federal Mine Safety and Health

Act of 1977, $527,874,000, to remain available until expended.

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

payments to individuals under title IV of the Federal Mine Safety

and Health Act of 1977, for costs incurred in the current fiscal

year, such amounts as may be necessary.
H. R. 4606—18

For making benefit payments under title IV of the Federal

Mine Safety and Health Act of 1977 for the first quarter of fiscal

year 1996, $180,000,000, to remain available until expended.

SUPPLEMENTAL SECURITY INCOME PROGRAM

For carrying out titles XI and XVI of the Social Security Act,

section 401 of Public Law 92–603, section 212 of Public Law 93–

66, as amended, and section 405 of Public Law 95–216, including

payment to the Social Security trust funds for administrative

expenses incurred pursuant to section 201(g)(1) of the Social Security Act, $21,225,101,000, to remain available until expended: Provided, That any portion of the funds provided to a State in the

current fiscal year and not obligated by the State during that

year shall be returned to the Treasury.

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

payments to individuals under title XVI of the Social Security

Act, for unanticipated costs incurred for the current fiscal year,

such sums as may be necessary.

For carrying out title XVI of the Social Security Act for the

first quarter of fiscal year 1996, $7,060,000,000, to remain available

until expended.

LIMITATION ON ADMINISTRATIVE EXPENSES

For necessary expenses, not more than $5,159,785,000 may

be expended, as authorized by section 201(g)(1) of the Social Security Act or as necessary to carry out sections 9704 and 9706 of

the Internal Revenue Code of 1986 as such sections were in effect

on January 1, 1993, from any one or all of the trust funds referred

to therein: Provided, That reimbursement to the Trust Funds under

this heading for administrative expenses to carry out sections 9704

and 9706 of the Internal Revenue Code of 1986 shall be made,

with interest, not later than September 30, 1996.

In addition to funding already available under this heading,

and subject to the same terms and conditions, $320,000,000, for

disability caseload processing.

In addition to funding already available under this heading,

and subject to the same terms and conditions, $97,000,000, which

shall remain available until expended, to invest in a state-of-theart computing network, including related equipment and administrative expenses associated solely with this network, for the Social

Security Administration and the State Disability Determination

Services, may be expended from any or all of the trust funds

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

ADMINISTRATION FOR CHILDREN AND FAMILIES

FAMILY SUPPORT PAYMENTS TO STATES

For making payments to States or other non-Federal entities,

except as otherwise provided, under titles I, IV–A (other than

section 402(g)(6)) and D, X, XI, XIV, and XVI of the Social Security

Act, and the Act of July 5, 1960 (24 U.S.C. ch. 9), $12,761,788,000,

to remain available until expended.

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

to States or other non-Federal entities under titles I, IV–A and

D, X, XI, XIV, and XVI of the Social Security Act, for the last
H. R. 4606—19

three months of the current year for unanticipated costs, incurred

for the current fiscal year, such sums as may be necessary.

For making payments to States or other non-Federal entities

under titles I, IV–A (other than section 402(g)(6)) and D, X, XI,

XIV, and XVI of the Social Security Act and the Act of July 5,

1960 (24 U.S.C. ch. 9) for the first quarter of fiscal year 1996,

$4,400,000,000, to remain available until expended.

The Secretary shall provide payments under titles IV–A and

XIX of the Social Security Act to carry out a demonstration project

for a qualified program in accordance with this section which shall

take effect on January 1, 1995. For each calendar quarter in which

there is a qualified program as defined below, the Secretary shall

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

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

an amount equal to the aggregate amount that would otherwise

have been payable to the State with respect to the participants

in the program for such a calendar quarter, in the absence of

the program, for cash assistance and child care under part A of

title IV of the Social Security Act, for medical assistance under

title XIX of such Act, and for administrative expenses related to

such assistance. The term ‘‘qualified program’’ means a program

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

residents of Milwaukee, Wisconsin, move from welfare to work,

in accordance with an application to be prepared by the operator

to the qualified program, transmitted by the State to the Secretary,

and defined by and approved by the Secretary. The application

shall provide for evaluation of the demonstration project; funds

provided herein may not be used for said evaluation.

JOB OPPORTUNITIES AND BASIC SKILLS

For carrying out aid to families with dependent children work

programs, as authorized by part F of title IV of the Social Security

Act, $1,300,000,000.

LOW INCOME HOME ENERGY ASSISTANCE

(INCLUDING RESCISSION)

Of the funds made available beginning on October 1, 1994

under this heading in Public Law 103–112, $155,796,000 are hereby

rescinded.

The funds remaining after said rescission shall be available

for obligation through September 30, 1995.

For making payments under title XXVI of the Omnibus Budget

Reconciliation Act of 1981, $1,319,204,000, to be available for obligation in the period October 1, 1995 through September 30, 1996.

For making payments under title XXVI of the Omnibus Budget

Reconciliation Act of 1981, an additional $600,000,000: Provided,

That all of the funds available under this paragraph are hereby

designated by Congress to be emergency requirements pursuant

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

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

shall be made available only after submission to Congress of a

formal budget request by the President that includes designation

of the entire amount of the request as an emergency requirement

as defined in the Balanced Budget and Emergency Deficit Control

Act of 1985.
H. R. 4606—20

REFUGEE AND ENTRANT ASSISTANCE

For making payments for refugee and entrant assistance activi- ties authorized by title IV of the Immigration and Nationality

Act and section 501 of the Refugee Education Assistance Act of

1980 (Public Law 96–422), $399,779,000: Provided, That funds

appropriated pursuant to section 414(a) of the Immigration and

Nationality Act under Public Law 102–394 for fiscal year 1993

shall be available for the costs of assistance provided and other

activities conducted in such year and in fiscal years 1994 and

1995.

STATE LEGALIZATION IMPACT-ASSISTANCE GRANTS

(INCLUDING RESCISSION)

Funds not obligated by the States by June 29, 1995, under

section 204(b)(4) of the Immigration Reform and Control Act of

1986 are hereby rescinded.

For Federal administration and allotments of funds to the

States made by the Secretary of Health and Human Services for

the purpose of making payments to public and private nonprofit

organizations for public information and outreach activities; and

English language and civics instruction provided to any adult

eligible legalized alien who has not met the requirements of section

312 of the Immigration and Nationality Act for purposes of becoming

naturalized as a citizen of the United States, $6,000,000: Provided,

That the Secretary of Health and Human Services shall allocate

such amount among the States not later than August 15, 1995:

Provided further, That each State’s share of these funds shall be

equal to that State’s percentage share of the total costs of administering and providing educational services to eligible legalized

aliens in all States through fiscal year 1994, as determined by

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

Reform and Control Act of 1986 is amended by inserting before

the period at the end ‘‘, except that the five-year limitation shall

not apply for the purposes of making payments from funds appropriated under the fiscal year 1995 Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act for

providing public information and outreach activities regarding naturalization and citizenship; and English language and civics instruction to any adult eligible legalized alien who has not met the

requirements of section 312 of the Immigration and Nationality

Act for purposes of becoming naturalized as a citizen of the United

States’’: Provided further, That each State may designate the appropriate agency or agencies to administer funds under this heading:

Provided further, That section 204(b)(4) of the Immigration Reform

and Control Act of 1986 is amended by striking the fourth sentence

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

pursuant to the preceding sentence of this paragraph shall be

utilized by the State to reimburse all allowable costs within 90

days after a State has received a reallocation of funds from the

Secretary, but in no event later than July 31, 1995.’’.

COMMUNITY SERVICES BLOCK GRANT

For making payments under the Community Services Block

Grant Act, section 408 of Public Law 99–425, and the Stewart
H. R. 4606—21

B. McKinney Homeless Assistance Act, $472,920,000, of which

$12,000,000 shall be for carrying out the National Youth Sports

Program: Provided, That payments from such amount to the grantee

and subgrantees administering the National Youth Sports Program

may not exceed the aggregate amount contributed in cash or in

kind by the grantee and subgrantee: Provided further, That amounts

in excess of $9,400,000 of such amount may not be made available

to the grantee and subgrantees administering the National Youth

Sports Program unless the grantee agrees to provide contributions

in cash to such program in an amount that equals 29 percent

of such excess amount.

CHILD CARE AND DEVELOPMENT BLOCK GRANT

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

Budget Reconciliation Act of 1981 (The Child Care and Development

Block Grant Act of 1990), $934,656,000, which shall be available

for obligation under the same statutory terms and conditions

applicable in the prior fiscal year.

SOCIAL SERVICES BLOCK GRANT

For making grants to States pursuant to section 2002 of the

Social Security Act, $2,800,000,000.

CHILDREN AND FAMILIES SERVICES PROGRAMS

For carrying out, except as otherwise provided, the Runaway

and Homeless Youth Act, the Developmental Disabilities Assistance

and Bill of Rights Act, the State Dependent Care Development

Grants Act, the Head Start Act, the Child Development Associate

Scholarship Assistance Act of 1985, the Child Abuse Prevention

and Treatment Act, chapters 1 and 2 of subtitle B of title III

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

and Services Act, the Native American Programs Act of 1974,

title II of Public Law 95–266 (adoption opportunities), the Temporary Child Care for Children with Disabilities and Crisis Nurseries Act of 1986, the Abandoned Infants Assistance Act of 1988,

subtitle F of title VII of the Stewart B. McKinney Homeless Assistance Act, and part B of title IV and section 1110 of the Social

Security Act, and for necessary administrative expenses to carry

out said Acts and titles I, IV, X, XI, XIV, XVI, and XX of the

Social Security Act, the Act of July 5, 1960 (24 U.S.C. ch. 9),

the Omnibus Budget Reconciliation Act of 1981, section 204 of

the Immigration Reform and Control Act of 1986, title IV of the

Immigration and Nationality Act, section 501 of the Refugee Education Assistance Act of 1980, Public Law 100–77, and section

126 and titles IV and V of Public Law 100–485, $4,419,888,000.

FAMILY PRESERVATION AND SUPPORT

For carrying out section 430 of the Social Security Act,

$150,000,000.

PAYMENTS TO STATES FOR FOSTER CARE AND ADOPTION ASSISTANCE

For making payments to States or other non-Federal entities,

under title IV–E of the Social Security Act, $3,597,371,000.
H. R. 4606—22

ADMINISTRATION ON AGING

AGING SERVICES PROGRAMS

For carrying out, to the extent not otherwise provided, the

Older Americans Act of 1965, as amended, and section 10404 of

Public Law 101–239 (volunteer senior aides demonstration),

$877,223,000.

OFFICE OF THE SECRETARY

GENERAL DEPARTMENTAL MANAGEMENT

For necessary expenses, not otherwise provided, for general

departmental management, including hire of six medium sedans,

$91,247,000, together with $31,008,000, to be transferred and

expended as authorized by section 201(g)(1) of the Social Security

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

OFFICE OF INSPECTOR GENERAL

For expenses necessary for the Office of Inspector General

in carrying out the provisions of the Inspector General Act of

1978, as amended, $63,585,000, together with not to exceed

$37,060,000, to be transferred and expended as authorized by section 201(g)(1) of the Social Security Act from any one or all of

the trust funds referred to therein, together with any funds, to

remain available until expended, that represent the equitable share

from the forfeiture of property in investigations in which the Office

of Inspector General participated and which are transferred to

the Office of the Inspector General by the Department of Justice

or the Department of the Treasury.

OFFICE FOR CIVIL RIGHTS

For expenses necessary for the Office for Civil Rights,

$18,409,000 together with not to exceed $3,874,000, to be transferred and expended as authorized by section 201(g)(1) of the Social

Security Act from any one or all of the trust funds referred to

therein.

POLICY RESEARCH

For carrying out, to the extent not otherwise provided, research

studies under section 1110 of the Social Security Act, $13,659,000.

GENERAL PROVISIONS

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

for not to exceed $37,000 for official reception and representation

expenses when specifically approved by the Secretary.

SEC. 202. The Secretary shall make available through assignment not more than 60 employees of the Public Health Service

to assist in child survival activities and to work in AIDS programs

through and with funds provided by the Agency for International

Development, the United Nations International Children’s Emergency Fund or the World Health Organization.

SEC. 203. None of the funds appropriated under this Act may

be used to implement section 399L(b) of the Public Health Service

Act or section 1911(d) and section 1503 of the National Institutes

of Health Revitalization Act of 1993, Public Law 103–43.
H. R. 4606—23

SEC. 204. None of the funds made available by this Act may

be used to withhold payment to any State under the Child Abuse

Prevention and Treatment Act by reason of a determination that

the State is not in compliance with section 1340.2(d)(2)(ii) of title

45 of the Code of Federal Regulations. This provision expires upon

the date of enactment of the reauthorization of the Child Abuse

Prevention and Treatment Act or upon September 30, 1995, whichever occurs first.

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

Department of Health and Human Services (excluding the Food

and Drug Administration and the Indian Health Service) during

fiscal year 1995, $37,125,000 are permanently canceled.

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

the amount of budgetary resources canceled among the Department’s accounts (excluding the Food and Drug Administration and

the Indian Health Service) available for procurement and procurement-related expenses. Amounts available for procurement and

procurement-related expenses in each such account shall be reduced

by the amount allocated to such account.

(c) For the purposes of this section, the definition of ‘‘procurement’’ includes all stages of the process of acquiring property or

services, beginning with the process of determining a need for

a product or services and ending with contract completion and

closeout, as specified in 41 U.S.C. 403(2).

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

the National Institutes of Health and the Substance Abuse and

Mental Health Services Administration shall be used to pay the

salary of an individual, through a grant or other extramural mechanism, at a rate in excess of $125,000 per year.

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

Department of Health and Human Services for space rental charges

(excluding Food and Drug Administration and the Indian Health

Service) during fiscal year 1995, $4,505,000 are permanently

canceled.

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

the amount of budgetary resources canceled among the Department’s accounts (excluding the Food and Drug Administration and

the Indian Health Service) available for space rental charges.

Amounts available for space rental charges in each such account

shall be reduced by the amount allocated to such account.

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

located in the Department of Health and Human Services shall

be treated as a reprogramming of funds except that this provision

shall not apply to assessments required by authorizing legislation,

or related to working capital funds or other fee-for-service activities.

SEC. 209. Of the funds appropriated or otherwise made available for the Department of Health and Human Services, General

Departmental Management, for fiscal year 1995, the Secretary of

Health and Human Services shall transfer to the Office of the

Inspector General such sums as may be necessary for any expenses

with respect to the provision of security protection for the Secretary

of Health and Human Services.

SEC. 210. Of the funds made available under this title, under

the heading Low Income Home Energy Assistance, for fiscal year

1996, the Secretary shall receive assurances from States that funds

will assist low-income households with their home energy needs,
H. R. 4606—24

particularly those with the lowest incomes that pay a high proportion of household income for home energy.

This title may be cited as the ‘‘Department of Health and

Human Services Appropriations Act, 1995’’.

TITLE III—DEPARTMENT OF EDUCATION

EDUCATION REFORM

For carrying out activities authorized by titles II, III, and

IV of the Goals 2000: Educate America Act and titles II, III, and

IV of the School-to-Work Opportunities Act, $528,400,000 of which

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

available through September 30, 1996.

EDUCATION FOR THE DISADVANTAGED

For carrying out the activities authorized by title I of the

Elementary and Secondary Education Act of 1965, as amended

by the Improving America’s Schools Act as enacted into law, and

by section 418A of the Higher Education Act, $7,232,722,000, of

which $7,214,160,000 shall become available on July 1, 1995 and

shall remain available through September 30, 1996: Provided, That

$6,698,356,000 shall be available for grants to local education agencies, not less than $41,434,000 shall be available for capital

expenses, $102,024,000 shall be available for the Even Start program, $305,475,000 shall be available for title I migrant education

activities, not less than $39,311,000 shall be available for title

I delinquent and high-risk youth education activities, no more than

$27,560,000 shall be for program improvement activities, and

$8,270,000 shall be for evaluation.

IMPACT AID

For carrying out programs of financial assistance to federally

affected schools authorized by the Improving America’s Schools

Act as enacted into law, $728,000,000 of which $40,000,000, to

remain available until expended, shall be for payments for heavily

impacted districts under section 8004(f), 9004(f), or the relevant

citation which may be designated in the Act: Provided, That should

the Improving America’s Schools Act not be enacted into law for

fiscal year 1995 funds for impact aid shall be made available

under the provisions of Public Laws 81–815 and 81–874 with

amounts allocated proportionately and under the same timeframes

as provided in fiscal year 1994.

SCHOOL IMPROVEMENT PROGRAMS

For carrying out school improvement activities authorized by

titles II, III, IV, V, VII, VIII, IX, and XV (or under the comparable

citations which may be designated) of the Elementary and Secondary Education Act of 1965, as amended by the Improving America’s

Schools Act as enacted into law; the Stewart B. McKinney Homeless

Assistance Act; the Civil Rights Act of 1964; and title V of the

Higher Education Act; $1,564,877,000, of which $1,268,418,000 shall

become available on July 1, 1995, and remain available through

September 30, 1996: Provided, That $5,899,000 shall be for law

related education; $12,000,000 shall be for arts education activities;

$28,000,000 shall be for dropout prevention assistance, if author-
H. R. 4606—25

ized; $4,185,000 shall be for Ellender Fellowships; $12,000,000 shall

be for education for Native Hawaiians; $10,912,000 shall be for

foreign language assistance, if authorized; and $100,000,000 shall

be for new education infrastructure improvement grants, if

authorized.

BILINGUAL AND IMMIGRANT EDUCATION

For carrying out, to the extent not otherwise provided, bilingual

and immigrant education activities authorized by titles VII and

IX of the Elementary and Secondary Education Act as amended

by the Improving America’s Schools Act, as enacted into law, and

by title IV of the Carl D. Perkins Vocational and Applied Technology

Education Act, $245,200,000, of which $25,180,000 shall be for

training activities under part C or under subpart 3 of part A

of title VII or under the comparable citation which may be designated by amendments to the authorizing legislation, and

$50,000,000 shall be for the immigrant education program.

SPECIAL EDUCATION

For carrying out the Individuals with Disabilities Education

Act, $3,252,846,000, of which $2,998,812,000 shall become available

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

September 30, 1996, of which $292,125,000 for section 686 shall

become available for obligation on September 30, 1995, and shall

remain available through September 30, 1996.

REHABILITATION SERVICES AND DISABILITY RESEARCH

For carrying out, to the extent not otherwise provided, the

Rehabilitation Act of 1973, the Technology-Related Assistance for

Individuals with Disabilities Act, and the Helen Keller National

Center Act, as amended, $2,393,352,000.

SPECIAL INSTITUTIONS FOR PERSONS WITH DISABILITIES

AMERICAN PRINTING HOUSE FOR THE BLIND

For carrying out the Act of March 3, 1879, as amended (20 U.S.C. 101 et seq.), $6,680,000.

NATIONAL TECHNICAL INSTITUTE FOR THE DEAF

For the National Technical Institute for the Deaf under titles

I and II of the Education of the Deaf Act of 1986 (20 U.S.C.

4301 et seq.), $43,191,000, of which $336,000 shall be for the

endowment program as authorized under section 207 and shall

be available until expended and $150,000 shall be for construction

and shall be available until expended.

GALLAUDET UNIVERSITY

For the Kendall Demonstration Elementary School, the Model

Secondary School for the Deaf, and the partial support of Gallaudet

University under titles I and II of the Education of the Deaf

Act of 1986 (20 U.S.C. 4301 et seq.), $80,030,000, of which

$1,000,000 shall be for the endowment program as authorized under

section 207 and shall be available until expended.
H. R. 4606—26

VOCATIONAL AND ADULT EDUCATION

For carrying out, to the extent not otherwise provided, the

Carl D. Perkins Vocational and Applied Technology Education Act,

the Adult Education Act, the National Literacy Act of 1991, and

the Stewart B. McKinney Homeless Assistance Act, $1,473,175,000,

of which $1,470,256,000 shall become available on July 1, 1995

and shall remain available through September 30, 1996: Provided,

That of the amounts made available under the Carl D. Perkins

Vocational and Applied Technology Education Act, $400,000 of the

amount available for Tech-Prep shall be for evaluation of the program and $34,535,000 shall be for national programs under title

IV, including $7,851,000 for research, of which $6,000,000 shall

be for the National Center for Research on Vocational Education;

$20,684,000 for demonstrations, notwithstanding section 411(b); and

$6,000,000 for data systems: Provided further, That of the amounts

made available under the Adult Education Act, $3,900,000 shall

be for national programs under section 383, and $4,869,000 shall

be for the National Institute for Literacy under section 384.

STUDENT FINANCIAL ASSISTANCE

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

C, E, and H of title IV of the Higher Education Act of 1965,

as amended, including, notwithstanding section 401(a)(1), not to

exceed 3,930,000 Pell Grant recipients in award year 1994–1995,

$7,702,970,000, which shall remain available through September

30, 1996, and of which $63,375,000 shall be for State Student

Incentive Grants under subpart 4 of part A.

The maximum Pell Grant for which a student shall be eligible

during award year 1995–1996 shall be $2,340: Provided, That notwithstanding section 401(g) of the Act, as amended, if the Secretary

determines, prior to publication of the payment schedule for award

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

any funds available from the FY 1994 appropriation for Pell Grant

awards, are insufficient to satisfy fully all such awards for which

students are eligible, as calculated under section 401(b) of the

Act, the amount paid for each such award shall be reduced by

either a fixed or variable percentage, or by a fixed dollar amount,

as determined in accordance with a schedule of reductions established by the Secretary for this purpose.

FEDERAL FAMILY EDUCATION LOAN PROGRAM ACCOUNT

For Federal administrative expenses to carry out guaranteed

student loans authorized by title IV, part B, of the Higher Education

Act, as amended, $62,191,000.

FEDERAL DIRECT STUDENT LOAN PROGRAM ACCOUNT

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

of the Higher Education Act, as amended, such sums as may be

necessary to carry out the purposes of the program, including such

sums as may be derived from negative subsidy receipts: Provided,

That such costs, including costs of modifying such loans, shall

be as defined in section 502 of the Congressional Budget Act of

1974.
H. R. 4606—27

HIGHER EDUCATION

For carrying out, to the extent not otherwise provided, titles I, III, IV, including chapter 2 of subpart 2 of part A, V, VI, VII,

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

and XI, without regard to section 1151, of the Higher Education

Act of 1965, as amended; the Mutual Educational and Cultural

Exchange Act of 1961; title VI, including part C, of the Excellence

in Mathematics, Science and Engineering Education Act of 1990;

section 1521 of the Higher Education Amendments of 1986 as

amended by Public Law 103–239, to be administered by the Secretary of Education; part E of title XV of the Higher Education

Amendments of 1992; and Public Law 102–423, $962,842,000 of

which $8,060,000 for endowment activities under section 331 of

part C of title III and $17,512,000 for interest subsidies under

title VII of the Higher Education Act, as amended, and $4,000,000

for Public Law 102–423 shall remain available until expended,

and $1,000,000 of the amount provided herein for title III shall

be available for an evaluation of the title III programs.

HOWARD UNIVERSITY

For partial support of Howard University (20 U.S.C. 121 et seq.), $206,463,000, of which $3,530,000, to remain available until

expended, shall be for a matching endowment grant to be administered in accordance with the Howard University Endowment Act

(Public Law 98–480), $5,000,000, to remain available until

expended, shall be for general construction needs at the University

and $5,500,000, to remain available until expended, shall be for

the establishment of a Law School Clinical Center to be administered under the same terms and conditions as the Centers established and funded under Public Laws 99–88 and 100–517 with

not more than $1,000,000 to be used for construction.

HIGHER EDUCATION FACILITIES LOANS

The Secretary is hereby authorized to make such expenditures, within the limits of funds available under this heading and in

accord with law, and to make such contracts and commitments

without regard to fiscal year limitation, as provided by section

104 of the Government Corporation Control Act (31 U.S.C. 9104),

as may be necessary in carrying out the program for the current

fiscal year.

COLLEGE HOUSING AND ACADEMIC FACILITIES LOANS PROGRAM

For the costs of direct loans, as authorized by title VII, part

C, of the Higher Education Act, as amended, $168,000: Provided,

That such costs, including costs of modifying such loans, shall

be as defined in section 502 of the Congressional Budget Act of

1974 and that these funds are available to subsidize gross obligations for the principal amount of direct loans of not to exceed

$10,000,000: Provided further, That obligated balances of these

appropriations will remain available until expended, notwithstanding the provisions of 31 U.S.C. 1552(a), as amended by Public

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

out the existing direct loan program of college housing and academic

facilities loans entered into pursuant to title VII, part C, of the

Higher Education Act, as amended, $1,022,000.
H. R. 4606—28

COLLEGE HOUSING LOANS

Pursuant to title VII, part C of the Higher Education Act, as amended, for necessary expenses of the college housing loans

program, previously carried out under title IV of the Housing Act

of 1950, the Secretary shall make expenditures and enter into

contracts without regard to fiscal year limitation using loan repayments and other resources available to this account. Any unobligated balances becoming available from fixed fees paid into this

account pursuant to 12 U.S.C. 1749d, relating to payment of costs

for inspections and site visits, shall be available for the operating

expenses of this account.

HISTORICALLY BLACK COLLEGE AND UNIVERSITY CAPITAL FINANCING, PROGRAM ACCOUNT

The total amount of bonds insured pursuant to section 724

of title VII, part B of the Higher Education Act shall not exceed

$357,000,000, and the cost, as defined in section 502 of the Congressional Budget Act of 1974, of such bonds shall not exceed zero. For administrative expenses to carry out the Historically Black College and University Capital Financing Program entered into

pursuant to title VII, part B of the Higher Education Act, as

amended, $347,000.

EDUCATION RESEARCH, STATISTICS, AND IMPROVEMENT

For carrying out activities authorized by the Educational Research, Development, Dissemination, and Improvement Act; the

Elementary and Secondary Education Act of 1965, as amended

by the Improving America’s Schools Act as enacted into law; the

National Education Statistics Act of 1994, as enacted into law;

the Education Council Act, as amended; part F of the General

Education Provisions Act; and title VI of Public Law 103–227,

$354,892,000: Provided, That $86,200,000 shall be for education

research of which $41,000,000 shall be for regional laboratories,

including rural initiatives and network activities, $33,000,000 shall

be for research centers, and $3,200,000, to remain available until

expended, shall be for school finance equalization research;

$36,750,000 shall be for the Fund for the Improvement of Education;

$3,000,000 shall be for the international education exchange program; $750,000 shall be for 21st Century Community Learning

Centers, if authorized; $4,463,000 shall be for civic education activities; $14,480,000 shall be for the National Diffusion Network;

$36,356,000 shall be for Eisenhower professional development Federal activities, including not less than $5,472,000 for the National

Clearinghouse for Science and Mathematics and $15,000,000 for

regional consortia; $2,250,000 shall be for a mathematics telecommunications demonstration, if authorized; $40,000,000 shall be

for education technology activities, if authorized; and $7,000,000

shall be for Ready to Learn television, including funds to be awarded

to the Corporation for Public Broadcasting in such amounts as

the Secretary determines appropriate.

LIBRARIES

For carrying out, to the extent not otherwise provided, titles

I, III, IV, and VI of the Library Services and Construction Act

(20 U.S.C. ch. 16), and title II of the Higher Education Act,
H. R. 4606—29

$144,161,000, of which $17,792,000 shall be used to carry out the

provisions of title II of the Library Services and Construction Act

and shall remain available until expended; and $4,916,000 shall

be for section 222 and $6,500,000 shall be for section 223 of the

Higher Education Act, of which $5,000,000 shall be for additional

awards for demonstration of on-line access to statewide, multitype

library bibliographic data bases using fiber optic networks and

$1,500,000 shall be for a demonstration project making Federal

information and other data bases available for public use by connecting a multistate consortium of public and private colleges and

universities to a public library and an historic library.

DEPARTMENTAL MANAGEMENT

PROGRAM ADMINISTRATION

For carrying out, to the extent not otherwise provided, the

Department of Education Organization Act, including rental of conference rooms in the District of Columbia and hire of two passenger

motor vehicles, $356,021,000.

OFFICE FOR CIVIL RIGHTS

For expenses necessary for the Office for Civil Rights, as authorized by section 203 of the Department of Education Organization

Act, $58,325,000.

OFFICE OF THE INSPECTOR GENERAL

For expenses necessary for the Office of the Inspector General,

as authorized by section 212 of the Department of Education

Organization Act, $30,437,000.

GENERAL PROVISIONS

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

be used to force any school or school district which is desegregated

as that term is defined in title IV of the Civil Rights Act of

1964, Public Law 88–352, to take any action to force the busing

of students; to force on account of race, creed or color the abolishment of any school so desegregated; or to force the transfer or

assignment of any student attending any elementary or secondary

school so desegregated to or from a particular school over the

protest of his or her parents or parent.

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

shall be used to force any school or school district which is desegregated as that term is defined in title IV of the Civil Rights

Act of 1964, Public Law 88–352, to take any action to force the

busing of students; to require the abolishment of any school so

desegregated; or to force on account of race, creed or color the

transfer of students to or from a particular school so desegregated

as a condition precedent to obtaining Federal funds otherwise available to any State, school district or school. (b) No funds appropriated in this Act may be used for the

transportation of students or teachers (or for the purchase of equipment for such transportation) in order to overcome racial imbalance

in any school or school system, or for the transportation of students

or teachers (or for the purchase of equipment for such transpor-
H. R. 4606—30

tation) in order to carry out a plan of racial desegregation of

any school or school system.

SEC. 303. None of the funds contained in this Act shall be

used to require, directly or indirectly, the transportation of any

student to a school other than the school which is nearest the

student’s home, except for a student requiring special education,

to the school offering such special education, in order to comply

with title VI of the Civil Rights Act of 1964. For the purpose

of this section an indirect requirement of transportation of students

includes the transportation of students to carry out a plan involving

the reorganization of the grade structure of schools, the pairing

of schools, or the clustering of schools, or any combination of grade

restructuring, pairing or clustering. The prohibition described in

this section does not include the establishment of magnet schools.

SEC. 304. No funds appropriated under this Act may be used

to prevent the implementation of programs of voluntary prayer

and meditation in the public schools.

SEC. 305. None of the funds appropriated under this Act may

be used to publish, release, report or finalize the designation of

institutions to be reviewed under subpart 1 of part H of title

IV of the Higher Education Act of 1965, as amended, until the

State postsecondary review entity responsible for evaluating those

institutions has received the Secretary’s approval for its institutional review standards.

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

TITLE IV—RELATED AGENCIES

ARMED FORCES RETIREMENT HOME

For expenses necessary for the Armed Forces Retirement Home

to operate and maintain the United States Soldiers’ and Airmen’s

Home and the United States Naval Home, to be paid from funds

available in the Armed Forces Retirement Home Trust Fund,

$59,317,000, of which $2,906,000 shall remain available until

expended for construction and renovation of the physical plants

at the United States Soldiers’ and Airmen’s Home and the United

States Naval Home: Provided, That this appropriation shall not

be available for the payment of hospitalization of members of the

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

rates in excess of those prescribed by the Secretary of the Army

upon recommendation of the Board of Commissioners and the Surgeon General of the Army.

CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

DOMESTIC VOLUNTEER SERVICE PROGRAMS, OPERATING EXPENSES

For expenses necessary for the Corporation for National and

Community Service to carry out the provisions of the Domestic

Volunteer Service Act of 1973, as amended, $214,710,000.
H. R. 4606—31

CORPORATION FOR PUBLIC BROADCASTING

(INCLUDING RESCISSION)

Of the funds made available under this heading in Public

Law 102–394, $7,000,000 are hereby rescinded. For payment to

the Corporation for Public Broadcasting, as authorized by the

Communications Act of 1934, an amount which shall be available

within limitations specified by that Act, for the fiscal year 1997,

$315,000,000: Provided, That no funds made available to the Corporation for Public Broadcasting by this Act shall be used to pay

for receptions, parties, or similar forms of entertainment for Government officials or employees: Provided further, That none of the

funds contained in this paragraph shall be available or used to

aid or support any program or activity from which any person

is excluded, or is denied benefits, or is discriminated against, on

the basis of race, color, national origin, religion, or sex.

FEDERAL MEDIATION AND CONCILIATION SERVICE

SALARIES AND EXPENSES

For expenses necessary for the Federal Mediation and Conciliation Service to carry out the functions vested in it by the LaborManagement Relations Act, 1947 (29 U.S.C. 171–180, 182–183),

including hire of passenger motor vehicles; and for expenses necessary for the Labor-Management Cooperation Act of 1978 (29

U.S.C. 175a); and for expenses necessary for the Service to carry

out the functions vested in it by the Civil Service Reform Act,

Public Law 95–454 (5 U.S.C. chapter 71), $31,344,000.

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

SALARIES AND EXPENSES

For expenses necessary for the Federal Mine Safety and Health

Review Commission (30 U.S.C. 801 et seq.), $6,200,000.

NATIONAL COMMISSION ON LIBRARIES AND INFORMATION SCIENCE

SALARIES AND EXPENSES

For necessary expenses for the National Commission on Libraries and Information Science, established by the Act of July 20,

1970 (Public Law 91–345, as amended by Public Law 102–95),

$901,000.

NATIONAL COUNCIL ON DISABILITY

SALARIES AND EXPENSES

For expenses necessary for the National Council on Disability

as authorized by title IV of the Rehabilitation Act of 1973, as

amended, $1,793,000.

NATIONAL LABOR RELATIONS BOARD

SALARIES AND EXPENSES

For expenses necessary for the National Labor Relations Board

to carry out the functions vested in it by the Labor-Management
H. R. 4606—32

Relations Act, 1947, as amended (29 U.S.C. 141–167), and other

laws, $176,047,000: Provided, That no part of this appropriation

shall be available to organize or assist in organizing agricultural

laborers or used in connection with investigations, hearings, directives, or orders concerning bargaining units composed of agricultural

laborers as referred to in section 2(3) of the Act of July 5, 1935

(29 U.S.C. 152), and as amended by the Labor-Management Relations Act, 1947, as amended, and as defined in section 3(f) of

the Act of June 25, 1938 (29 U.S.C. 203), and including in said

definition employees engaged in the maintenance and operation

of ditches, canals, reservoirs, and waterways when maintained or

operated on a mutual, nonprofit basis and at least 95 per centum

of the water stored or supplied thereby is used for farming purposes.

NATIONAL MEDIATION BOARD

SALARIES AND EXPENSES

For expenses necessary to carry out the provisions of the Railway Labor Act, as amended (45 U.S.C. 151–188), including emergency boards appointed by the President, $8,519,000.

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

SALARIES AND EXPENSES

For expenses necessary for the Occupational Safety and Health

Review Commission (29 U.S.C. 661), $7,595,000.

PHYSICIAN PAYMENT REVIEW COMMISSION

SALARIES AND EXPENSES

For expenses necessary to carry out section 1845(a) of the

Social Security Act, $4,176,000 to be transferred to this appropriation from the Federal Supplementary Medical Insurance Trust

Fund.

PROSPECTIVE PAYMENT ASSESSMENT COMMISSION

SALARIES AND EXPENSES

For expenses necessary to carry out section 1886(e) of the

Social Security Act, $4,667,000 to be transferred to this appropriation from the Federal Hospital Insurance and the Federal Supplementary Medical Insurance Trust Funds.

RAILROAD RETIREMENT BOARD

DUAL BENEFITS PAYMENTS ACCOUNT

For payment to the Dual Benefits Payments Account, author- ized under section 15(d) of the Railroad Retirement Act of 1974,

$261,000,000, which shall include amounts becoming available in

fiscal year 1995 pursuant to section 224(c)(1)(B) of Public Law

98–76; and in addition, an amount, not to exceed 2 percent of

the amount provided herein, shall be available proportional to the

amount by which the product of recipients and the average benefit

received exceeds $261,000,000: Provided, That the total amount
H. R. 4606—33

provided herein shall be credited in 12 approximately equal amounts

on the first day of each month in the fiscal year.

FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT ACCOUNTS

For payment to the accounts established in the Treasury for

the payment of benefits under the Railroad Retirement Act for

interest earned on unnegotiated checks, $300,000, to remain available through September 30, 1996, which shall be the maximum

amount available for payment pursuant to section 417 of Public

Law 98–76.

LIMITATION ON ADMINISTRATION

For necessary expenses for the Railroad Retirement Board,

$73,881,000, to be derived from the railroad retirement accounts:

Provided, That $200,000 of the foregoing amount shall be available

only to the extent necessary to process workloads not anticipated

in the budget estimates and after maximum absorption of the

costs of such workloads within the remainder of the existing limitation has been achieved: Provided further, That for fiscal year 1995

only, notwithstanding any other provision of law, no portion of

this limitation shall be available for payments of standard level

user charges pursuant to section 210(j) of the Federal Property

and Administrative Services Act of 1949, as amended (40 U.S.C.

490(j); 45 U.S.C. 231–231u).

LIMITATION ON RAILROAD UNEMPLOYMENT INSURANCE

ADMINISTRATION FUND

For further expenses necessary for the Railroad Retirement

Board, for administration of the Railroad Unemployment Insurance

Act, not less than $17,031,000 shall be apportioned for fiscal year

1995 from moneys credited to the railroad unemployment insurance

administration fund.

SPECIAL MANAGEMENT IMPROVEMENT FUND

To effect management improvements, including the reduction

of backlogs, accuracy of taxation accounting, and debt collection,

$1,640,000, to be derived from the railroad retirement accounts

and railroad unemployment insurance account: Provided, That these

funds shall supplement, not supplant, existing resources devoted

to such operations and improvements.

LIMITATION ON THE OFFICE OF INSPECTOR GENERAL

For expenses necessary for the Office of Inspector General

for audit, investigatory and review activities, as authorized by the

Inspector General Act of 1978, as amended, not more than

$6,682,000, to be derived from the railroad retirement accounts

and railroad unemployment insurance account.

UNITED STATES INSTITUTE OF PEACE

OPERATING EXPENSES

For necessary expenses of the United States Institute of Peace

as authorized in the United States Institute of Peace Act,

$11,500,000.
H. R. 4606—34

TITLE V—GENERAL PROVISIONS

SEC. 501. No part of the funds appropriated under this Act

shall be used to provide a loan, guarantee of a loan, a grant,

the salary of or any remuneration whatever to any individual applying for admission, attending, employed by, teaching at, or doing

research at an institution of higher education who has engaged

in conduct on or after August 1, 1969, which involves the use

of (or the assistance to others in the use of) force or the threat

of force or the seizure of property under the control of an institution

of higher education, to require or prevent the availability of certain

curricula, or to prevent the faculty, administrative officials, or students in such institution from engaging in their duties or pursuing

their studies at such institution.

SEC. 502. The Secretaries of Labor, Health and Human Services, and Education are authorized to transfer unexpended balances

of prior appropriations to accounts corresponding to current appropriations provided in this Act: Provided, That such transferred

balances are used for the same purpose, and for the same periods

of time, for which they were originally appropriated.

SEC. 503. No part of any appropriation contained in this Act

shall remain available for obligation beyond the current fiscal year

unless expressly so provided herein.

SEC. 504. (a) No part of any appropriation contained in this

Act shall be used, other than for normal and recognized executivelegislative relationships, for publicity or propaganda purposes, for

the preparation, distribution, or use of any kit, pamphlet, booklet,

publication, radio, television, or film presentation designed to support or defeat legislation pending before the Congress, except in

presentation to the Congress itself.

(b) No part of any appropriation contained in this Act shall

be used to pay the salary or expenses of any grant or contract

recipient, or agent acting for such recipient, related to any activity

designed to influence legislation or appropriations pending before

the Congress.

SEC. 505. The Secretaries of Labor and Education are each

authorized to make available not to exceed $15,000 from funds

available for salaries and expenses under titles I and III, respectively, for official reception and representation expenses; the Director of the Federal Mediation and Conciliation Service is authorized

to make available for official reception and representation expenses

not to exceed $2,500 from the funds available for ‘‘Salaries and

expenses, Federal Mediation and Conciliation Service’’; and the

Chairman of the National Mediation Board is authorized to make

available for official reception and representation expenses not to

exceed $2,500 from funds available for ‘‘Salaries and expenses,

National Mediation Board’’.

SEC. 506. Notwithstanding any other provision of this Act,

no funds appropriated under this Act shall be used to carry out

any program of distributing sterile needles for the hypodermic

injection of any illegal drug unless the Surgeon General of the

United States determines that such programs are effective in

preventing the spread of HIV and do not encourage the use of

illegal drugs, except that such funds may be used for such purposes

in furtherance of demonstrations or studies authorized in the

ADAMHA Reorganization Act (Public Law 102–321).
H. R. 4606—35

SEC. 507. (a) PURCHASE OF AMERICAN-MADE EQUIPMENT AND

PRODUCTS.—It is the sense of the Congress that, to the greatest

extent practicable, all equipment and products purchased with

funds made available in this Act should be American-made.

(b) NOTICE REQUIREMENT.—In providing financial assistance

to, or entering into any contract with, any entity using funds

made available in this Act, the head of each Federal agency, to

the greatest extent practicable, shall provide to such entity a notice

describing the statement made in subsection (a) by the Congress.

SEC. 508. When issuing statements, press releases, requests

for proposals, bid solicitations and other documents describing

projects or programs funded in whole or in part with Federal

money, all grantees receiving Federal funds, including but not limited to State and local governments and recipients of Federal

research grants, shall clearly state (1) the percentage of the total

costs of the program or project which will be financed with Federal

money, (2) the dollar amount of Federal funds for the project or

program, and (3) percentage and dollar amount of the total costs

of the project or program that will be financed by nongovernmental

sources.

SEC. 509. None of the funds appropriated under this Act shall

be expended for any abortion except when it is made known to

the Federal entity or official to which funds are appropriated under

this Act that such procedure is necessary to save the life of the

mother or that the pregnancy is the result of an act of rape or

incest.

SEC. 510. No funds appropriated herein shall be used to implement any regulation promulgated under section 481(b)(6) of the

Higher Education Act of 1965, as amended, prior to July 1, 1995.

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

available under this Act may be obligated in violation of existing

Federal law or regulation already prohibiting such benefit or assistance. None of the funds appropriated under this Act may be used

by any Federal official, or any State or local official, to induce

undocumented immigrants to apply for Federal benefits for which

such officials know or should know such undocumented immigrants

are not eligible. In no case, however, shall Federal, State, or local

officials be penalized for efforts to ensure that eligible persons

are not excluded from participation in, denied the benefits of, or

subjected to discrimination by any program receiving funds under

this Act, on the grounds of race, color, or national origin-based

traits, including language. Each State agency and each other entity

administering a program under which verification of immigration

status is required by section 121 of the Immigration Reform and

Control Act of 1986 shall participate in the system for the verification of such status established by the Commissioner of the Immigration and Naturalization Service pursuant to section 121(c) of that

Act, unless an alternative system is available and employed for

such purposes which is found to meet the criteria for waiver under

section 121(c)(4).

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

benefit rates during fiscal year 1995 and thereafter under part

B or part C of the Black Lung Benefits Act shall continue to

be based on the benefit rates in effect in September, 1994 and

be paid in accordance with the Act, until exceeded by the benefit

rate specified in section 412(a)(1) of the Act.
H. R. 4606—36

SEC. 513. No more than one percent of salaries appropriated

for each Agency in this Act may be expended by that Agency

on cash performance awards: Provided, That of the budgetary resources available to Agencies in this Act for salaries and expenses

during fiscal year 1995, $30,500,000, to be allocated by the Office

of Management and Budget, are permanently canceled: Provided

further, That the foregoing proviso shall not apply to the Food and Drug Administration and the Indian Health Service.

SEC. 514. Chapter 51 of title 18, United States Code, is amended

by adding at the end thereof the following new section:

§ 1118. Protection against the human immunodeficiency

virus

‘‘(a) IN GENERAL.—Whoever, after testing positive for the Human Immunodeficiency Virus (HIV) and receiving actual notice

of that fact, knowingly donates or sells, or knowingly attempts

to donate or sell, blood, semen, tissues, organs, or other bodily

fluids for use by another, except as determined necessary for medical research or testing, shall be fined or imprisoned in accordance

with subsection (c).

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

Human Immunodeficiency Virus does not have to occur for a person

to be convicted of a violation of this section.

‘‘(c) PENALTY.—Any person convicted of violating the provisions of subsection (a) shall be subject to a fine of not less than $10,000

nor more than $20,000, imprisoned for not less than 1 year nor

more than 10 years, or both.’’.

SEC. 515. Notwithstanding any other provision of law—

(1) no amount may be transferred from an appropriation account for the Departments of Labor, Health and Human

Services, and Education except as authorized in this or any

subsequent appropriation act, or in the Act establishing the

program or activity for which funds are contained in this Act;

(2) no department, agency, or other entity, other than the

one responsible for administering the program or activity for

which an appropriation is made in this Act, may exercise

authority for the timing of the obligation and expenditure of

such appropriation, or for the purposes for which it is obligated

and expended, except to the extent and in the manner otherwise

provided in sections 1512 and 1513 of title 31, United States

Code; and

(3) no funds provided under this or any subsequent appro- priation act shall be available for the salary (or any part

thereof) of an employee who is reassigned on a temporary

detail basis to another position in the employing agency or

department or in any other agency or department, unless the

detail is independently approved by the head of the employing

department or agency.

TITLE VI—EMERGENCY APPROPRIATIONS

DEPARTMENT OF HEALTH AND HUMAN SERVICES

PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND

For the Public Health and Social Services Emergency Fund

to be used to assist States and local communities in recovering

from the flooding caused by tropical storm Alberto and other emer-
H. R. 4606—37

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

That the entire amount is designated by the Congress as an

emergency requirement pursuant to section 251(b)(2)(D)(i) of the

Balanced Budget and Emergency Deficit Control Act of 1985, as

amended: Provided further, That the entire amount shall be available only to the extent an official budget request, for a specific

dollar amount, that includes designation of the entire amount of

the request as an emergency requirement, as defined in the Balanced Budget and Emergency Deficit Control Act of 1985 as

amended, is transmitted by the President to the Congress.

TITLE VII—CRIME REDUCTION PROGRAMS

DEPARTMENT OF HEALTH AND HUMAN SERVICES

ADMINISTRATION FOR CHILDREN AND FAMILIES

CHILDREN AND FAMILIES SERVICES PROGRAMS

In addition to amounts otherwise appropriated in this Act,

$26,900,000, to be derived from the Violent Crime Reduction Trust

Fund, including $1,000,000 for a domestic violence hotline as

authorized by the Safe Homes for Women Act of 1994 and

$25,900,000 for carrying out the Community Schools Youth Services

and Supervision Grant Program Act of 1994.

DEPARTMENT OF EDUCATION

SCHOOL IMPROVEMENT PROGRAMS

In addition to amounts otherwise appropriated in this Act,

$11,100,000, to be derived from the Violent Crime Reduction Trust

Fund, for carrying out the Family and Community Endeavor Schools

Act.

This Act may be cited as the ‘‘Departments of Labor, Health

and Human Services, and Education, and Related Agencies Appropriations Act, 1995’’.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.