Calendar No. 527

103D CONGRESS

2D SESSION H. R. 4606

[Report No. 103–318]

AN ACT

Making appropriations for the Departments of

poses.ending September 30, 1995, and for other purcation, and related agencies, for the fiscal yearLabor, Health and Human Services, and EduJUNE 30 (legislative day, JUNE 7), 1994

Received; read twice and referred to the Committee on

J

Appropriations

ULY 20, 1994

Reported with amendments
II

Calendar No. 527

103D CONGRESS

2D SESSION H. R. 4606

[Report No. 103–318]

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.

IN THE SENATE OF THE UNITED STATES

JUNE 30 (legislative day, JUNE 7), 1994

Received; read twice and referred to the Committee on Appropriations

JULY 20, 1994

Reported by Mr. HARKIN, with amendments

[Omit the part struck through and insert the part printed in italic]

AN ACT

Making appropriations for the Departments of Labor, Health

and Human Services, and Education, and related agencies, for the fiscal year ending September 30, 1995,

and for other purposes.

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

3 That the following sums are appropriated, out of any

4 money in the Treasury not otherwise appropriated, for the
2

HR 4606 RS

1 Departments of Labor, Health and Human Services, and

2 Education, and related agencies for the fiscal year ending

3 September 30, 1995, and for other purposes, namely:

4 TITLE I—DEPARTMENT OF LABOR

5 EMPLOYMENT AND TRAINING ADMINISTRATION

6 PROGRAM ADMINISTRATION

7 For expenses of administering employment and train8 ing programs and for carrying out section 908 of the So9 cial Security Act, $90,276,000, together with not to ex10 ceed $45,073,000, which may be expended from the Em11 ployment Security Administration account in the Unem12 ployment Trust Fund.

13 TRAINING AND EMPLOYMENT SERVICES

14 (INCLUDING RESCISSION)

15 For expenses necessary to carry into effect the Job

16 Training Partnership Act, as amended, including the pur17 chase and hire of passenger motor vehicles, the construc18 tion, alteration, and repair of buildings and other facili19 ties, and the purchase of real property for training centers

20 as authorized by the Job Training Partnership Act; title

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

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

23 B. McKinney Homeless Assistance Act; the Women in Ap24 prenticeship and Nontraditional Occupations Act; Goals

25 2000: Educate America Act; and the School-to-Work Op26 portunities Act; $5,524,991,000 $5,468,217,000 plus reim-
3

HR 4606 RS

1 bursements, of which $5,035,179,000 $5,049,267,000 is

2 available for obligation for the period July 1, 1995

3 through June 30, 1996; of which $150,000,000

4 $126,556,000 is available for the period July 1, 1995

5 through June 30, 1998 for necessary expenses of construc6 tion, rehabilitation, and acquisition of Job Corps centers,

7 including $51,254,000 for new centers; of which

8 $184,788,000 shall be available for the period October 1,

9 1994 through June 30, 1995; and of which $140,000,000

10 $100,000,000 shall be available for obligation from July

11 1, 1995 through September 30, 1996, for carrying out ac12 tivities of the School-to-Work Opportunities Act: Provided,

13 That $63,666,000 $64,218,000 shall be for carrying out

14 section 401 of the Job Training Partnership Act,

15 $84,841,000 $86,000,000 shall be for carrying out section

16 402 of such Act, $8,880,000 shall be for carrying out sec17 tion 441 of such Act, $1,500,000 $2,223,000 shall be for

18 the National Commission for Employment Policy,

19 $5,579,000 $6,000,000 shall be for all activities conducted

20 by and through the National Occupational Information

21 Coordinating Committee under such Act, $3,861,000 shall

22 be for service delivery areas under section

23 101(a)(4)(A)(iii) of such Act in addition to amounts other24 wise provided under sections 202, 252 and 262 of the Act,

25 $1,044,813,000 $1,064,813,000 shall be for carrying out
4

HR 4606 RS

1 title II, part A of such Act, and $598,682,000 shall be

2 for carrying out title II, part C of such Act: Provided fur3 ther, That no funds from any other appropriation shall

4 be used to provide meal services at or for Job Corps cen5 ters: Provided further, That funds used from this Act to

6 carry out title III of the Job Training Partnership Act shall

7 not be subject to the limitation contained in subsection (b)

8 of section 315 of such Act; that the waiver allowing a reduc9 tion in the cost limitation relating to retraining services

10 described in subsection (a)(2) of such section 315 may be

11 granted with respect to funds used from this Act if a sub12 state grantee demonstrates to the Governor that such waiver

13 is appropriate due to the availability of low-cost retraining

14 services, is necessary to facilitate the provision of needs-re15 lated payments to accompany long-term training, or is nec16 essary to facilitate the provision of appropriate basic read17 justment services; and that funds used from this Act to

18 carry out the Secretary’s discretionary grants under part

19 B of such title III may be used to provide needs-related pay20 ments to participants who, in lieu of meeting the require21 ments relating to enrollment in training under section

22 314(e) of such Act, are enrolled in training by the end of

23 the sixth week after grant funds have been awarded.
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HR 4606 RS

1 Of the amounts made available in fiscal year 1994

2 under the Job Training Partnership Act, title II–C,

3 $50,000,000 are hereby rescinded.

4 COMMUNITY SERVICE EMPLOYMENT FOR OLDER

5 AMERICANS

6 To carry out the activities for national grants or con7 tracts with public agencies and public or private nonprofit

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

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

10 $320,190,000.

11 To carry out the activities for grants to States under

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

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

14 FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES

15 For payments during the current fiscal year of bene16 fits and payments as authorized by title II of Public Law

17 95–250, as amended, and of trade adjustment benefit pay18 ments and allowances under part I, and for training, for

19 allowances for job search and relocation, and for related

20 State administrative expenses under part II, subchapters

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

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

23 may be necessary to be charged to the subsequent appro24 priation for payments for any period subsequent to Sep25 tember 15 of the current year.
6

HR 4606 RS

1 STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT

2 SERVICE OPERATIONS

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

4 as amended (29 U.S.C. 49–49l–1; 39 U.S.C.

5 3202(a)(1)(E)); title III of the Social Security Act, as

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

7 expenses for carrying out 5 U.S.C. 8501–8523, and sec8 tions 225, 231–235, 243–244, and 250(d)(1), 250(d)(3),

9 title II of the Trade Act of 1974, as amended; as author10 ized by section 7c of the Act of June 6, 1933, as amended,

11 necessary administrative expenses under sections

12 101(a)(15)(H), 212(a)(5)(A), (m) (2) and (3), (n)(1), and

13 218(g) (1), (2), and (3), and 258(c) of the Immigration

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

15 necessary administrative expenses to carry out the Tar16 geted Jobs Tax Credit Program under section 51 of the

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

18 Immigration Act of 1990, $146,697,000 $147,351,000, to19 gether with not to exceed $3,269,013,000 $3,280,357,000

20 (including not to exceed $1,653,000 which may be used

21 for amortization payments to States which had independ22 ent retirement plans in their State employment service

23 agencies prior to 1980, and including not to exceed

24 $1,000,000 which may be obligated in contracts with non25 State entities for activities such as occupational and test
7

HR 4606 RS

1 research activities which benefit the Federal-State Em2 ployment Service System), which may be expended from

3 the Employment Security Administration account in the

4 Unemployment Trust Fund, and of which the sums avail5 able in the allocation for activities authorized by title III

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

7 504), and the sums available in the allocation for nec8 essary administrative expenses for carrying out 5 U.S.C.

9 8501–8523, shall be available for obligation by the States

10 through December 31, 1995, except that funds used for

11 automation acquisitions shall be available for obligation by

12 States through September 30, 1997; and of which

13 $144,763,000 $145,417,000 together with not to exceed

14 $817,224,000 $821,803,000 of the amount which may be

15 expended from said trust fund shall be available for obliga16 tion for the period July 1, 1995, through June 30, 1996,

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

18 amended, including the cost of penalty mail made available

19 to States in lieu of allotments for such purpose, and of

20 which $232,437,000 $232,202,000 shall be available only

21 to the extent necessary for additional State allocations to

22 administer unemployment compensation laws to finance

23 increases in the number of unemployment insurance

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

25 Provided, That to the extent that the Average Weekly In-
8

HR 4606 RS

1 sured Unemployment (AWIU) for fiscal year 1995 is pro2 jected by the Department of Labor to exceed 2.772 mil3 lion, an additional $27,800,000 $30,000,000 shall be avail4 able for obligation for every 100,000 increase in the

5 AWIU level (including a pro rata amount for any incre6 ment less than 100,000) from the Employment Security

7 Administration Account of the Unemployment Trust

8 Fund: Provided further, That funds appropriated in this

9 Act and in Public Law 103–112 which are used to estab10 lish a national one-stop career center network may be obli11 gated in contracts, grants or agreements with non-State

12 entities: Provided further, That funds appropriated under

13 this Act for activities authorized under the Wagner-Peyser

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

15 may be used by the States to fund integrated Employment

16 Service and Unemployment Insurance automation efforts,

17 notwithstanding cost allocation principles prescribed under

18 Office of Management and Budget Circular A–87.

19 ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND

20 OTHER FUNDS

21 For repayable advances to the Unemployment Trust

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

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

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

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

26 for nonrepayable advances to the Unemployment Trust
9

HR 4606 RS

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

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

3 and section 5 of Public Law 103–6, and to the ‘‘Federal

4 unemployment benefits and allowances’’ account, to re5 main available until September 30, 1996, $686,000,000.

6 In addition, for making repayable advances to the

7 Black Lung Disability Trust Fund in the current fiscal

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

9 Black Lung Disability Trust Fund in the current fiscal

10 year, such sums as may be necessary.

11 OFFICE OF THE AMERICAN WORKPLACE

12 SALARIES AND EXPENSES

13 For necessary expenses for the Office of the Amer14 ican Workplace, $30,411,000 $32,225,000.

15 PENSION AND WELFARE BENEFITS ADMINISTRATION

16 SALARIES AND EXPENSES

17 For necessary expenses for Pension and Welfare Ben18 efits Administration, $66,388,000 $69,454,000.

19 PENSION BENEFIT GUARANTY CORPORATION

20 PENSION BENEFIT GUARANTY CORPORATION FUND

21 The Pension Benefit Guaranty Corporation is author22 ized to make such expenditures, including financial assist23 ance authorized by section 104 of Public Law 96–364,

24 within limits of funds and borrowing authority available

25 to such Corporation, and in accord with law, and to make
10

HR 4606 RS

1 such contracts and commitments without regard to fiscal

2 year limitations as provided by section 104 of the Govern3 ment Corporation Control Act, as amended (31 U.S.C.

4 9104), as may be necessary in carrying out the program

5 through September 30, 1995, for such Corporation: Pro6 vided, That not to exceed $11,493,000 shall be available

7 for administrative expenses of the Corporation: Provided

8 further, That expenses of such Corporation in connection

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

10 protection or management, and investment of trust assets,

11 and for benefits administration services shall be consid12 ered as non-administrative expenses for the purposes here13 of, and excluded from the above limitation.

14 EMPLOYMENT STANDARDS ADMINISTRATION

15 SALARIES AND EXPENSES

16 For necessary expenses for the Employment Stand17 ards Administration, including reimbursement to State,

18 Federal, and local agencies and their employees for inspec19 tion services rendered, $242,860,000 $248,667,000, to20 gether with $1,059,000 which may be expended from the

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

22 of the Longshore and Harbor Workers’ Compensation Act:

23 Provided, That the Secretary of Labor is authorized to ac24 cept, retain, and spend, until expended, in the name of

25 the Department of Labor, all sums of money ordered to
11

HR 4606 RS

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

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

3 0027 of the United States District Court for the District

4 of the Northern Mariana Islands (May 21, 1992): Pro5 vided further, That the Secretary of Labor is authorized

6 to establish and, in accordance with 31 U.S.C. 3302, col7 lect and deposit in the Treasury fees for processing appli8 cations and issuing certificates under sections 11(d) and

9 14 of the Fair Labor Standards Act of 1938, as amended

10 (29 U.S.C. 211(d) and 214) and for processing applica11 tions and issuing registrations under Title I of the Mi12 grant and Seasonal Agricultural Worker Protection Act,

13 29 U.S.C. 1801 et seq.

14 SPECIAL BENEFITS

15 (INCLUDING TRANSFER OF FUNDS)

16 For the payment of compensation, benefits, and ex17 penses (except administrative expenses) accruing during

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

19 chapter 81 of the United States Code; continuation of ben20 efits as provided for under the head ‘‘Civilian War Bene21 fits’’ in the Federal Security Agency Appropriation Act,

22 1947; the Employees’ Compensation Commission Appro23 priation Act, 1944; and sections 4(c) and 5(f) of the War

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

25 centum of the additional compensation and benefits re26 quired by section 10(h) of the Longshore and Harbor
12

HR 4606 RS

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

2 together with such amounts as may be necessary to be

3 charged to the subsequent year appropriation for the pay4 ment of compensation and other benefits for any period

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

6 That such sums as are necessary may be used for a dem7 onstration project under section 8104 of title 5, United

8 States Code, in which the Secretary may reimburse an em9 ployer, who is not the employer at the time of injury, for

10 portions of the salary of a reemployed, disabled bene11 ficiary: Provided further, That balances of reimbursements

12 unobligated on September 30, 1994, shall remain available

13 until expended for the payment of compensation, benefits,

14 and expenses: Provided further, That in addition there

15 shall be transferred to this appropriation from the Postal

16 Service and from any other corporation or instrumentality

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

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

19 administration, such sums as the Secretary of Labor de20 termines to be the cost of administration for employees

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

22 Provided further, That of those funds transferred to this

23 account from the fair share entities to pay the cost of ad24 ministration, $5,299,000 shall be made available to the

25 Secretary of Labor for expenditures relating to capital im-
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1 provements in support of Federal Employees’ Compensa2 tion Act administration, and the balance of such funds

3 shall be paid into the Treasury as miscellaneous receipts:

4 Provided further, That the Secretary may require that any

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

6 under Subchapter 5, U.S.C., Chapter 81, or under Sub7 chapter 33, U.S.C. 901, et seq. (the Longshore and Har8 bor Workers’ Compensation Act, as amended), provide as

9 part of such notice and claim, such identifying information

10 (including Social Security account number) as such regu11 lations may prescribe.

12 BLACK LUNG DISABILITY TRUST FUND

13 (INCLUDING TRANSFER OF FUNDS)

14 For payments from the Black Lung Disability Trust

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

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

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

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

19 and interest on advances as authorized by section

20 9501(c)(2) of that Act, and of which $28,216,000 shall

21 be available for transfer to Employment Standards Ad22 ministration, Salaries and Expenses, and $23,333,000 for

23 transfer to Departmental Management, Salaries and Ex24 penses, and $310,000 for transfer to Departmental Man25 agement, Office of Inspector General, for expenses of oper26 ation and administration of the Black Lung Benefits pro-
14

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1 gram as authorized by section 9501(d)(5)(A) of that Act:

2 Provided, That in addition, such amounts as may be nec3 essary may be charged to the subsequent year appropria4 tion for the payment of compensation, interest, or other

5 benefits for any period subsequent to June 15 of the cur6 rent year: Provided further, That in addition such amounts

7 shall be paid from this fund into miscellaneous receipts

8 as the Secretary of the Treasury determines to be the ad9 ministrative expenses of the Department of the Treasury

10 for administering the fund during the current fiscal year,

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

12 OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION

13 SALARIES AND EXPENSES

14 For necessary expenses for the Occupational Safety

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

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

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

18 of the Occupational Safety and Health Act, which grants

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

20 occupational safety and health programs required to be

21 incurred under plans approved by the Secretary under sec22 tion 18 of the Occupational Safety and Health Act of

23 1970; and, in addition, notwithstanding 31 U.S.C. 3302,

24 the Occupational Safety and Health Administration may

25 retain up to $500,000 per fiscal year of training institute
15

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1 course tuition fees, otherwise authorized by law to be col2 lected, and may utilize such sums for occupational safety

3 and health training and education grants: Provided, That

4 none of the funds appropriated under this paragraph shall

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

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

7 the Occupational Safety and Health Act of 1970 which

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

9 operation which does not maintain a temporary labor

10 camp and employs ten or fewer employees: Provided fur11 ther, That no funds appropriated under this paragraph

12 shall be obligated or expended to administer or enforce

13 any standard, rule, regulation, or order under the Occupa14 tional Safety and Health Act of 1970 with respect to any

15 employer of ten or fewer employees who is included within

16 a category having an occupational injury lost workday case

17 rate, at the most precise Standard Industrial Classifica18 tion Code for which such data are published, less than the

19 national average rate as such rates are most recently pub20 lished by the Secretary, acting through the Bureau of

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

22 (29 U.S.C. 673), except—

23 (1) to provide, as authorized by such Act, con24 sultation, technical assistance, educational and train25 ing services, and to conduct surveys and studies;
16

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1 (2) to conduct an inspection or investigation in

2 response to an employee complaint, to issue a cita3 tion for violations found during such inspection, and

4 to assess a penalty for violations which are not cor5 rected within a reasonable abatement period and for

6 any willful violations found;

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

8 with respect to imminent dangers;

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

10 with respect to health hazards;

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

12 with respect to a report of an employment accident

13 which is fatal to one or more employees or which re14 sults in hospitalization of two or more employees,

15 and to take any action pursuant to such investiga16 tion authorized by such Act; and

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

18 with respect to complaints of discrimination against

19 employees for exercising rights under such Act:

20 Provided further, That the foregoing proviso shall not

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

22 which does not maintain a temporary labor camp and em23 ploys ten or fewer employees.
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1 MINE SAFETY AND HEALTH ADMINISTRATION

2 SALARIES AND EXPENSES

3 For necessary expenses for the Mine Safety and

4 Health Administration, $197,519,000 $201,238,000, of

5 which $5,851,000 shall be for the State Grants Program,

6 including purchase and bestowal of certificates and tro7 phies in connection with mine rescue and first-aid work,

8 and the hire of passenger motor vehicles; the Secretary

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

10 other contributions from public and private sources and

11 to prosecute projects in cooperation with other agencies,

12 Federal, State, or private; the Mine Safety and Health Ad13 ministration is authorized to promote health and safety

14 education and training in the mining community through

15 cooperative programs with States, industry, and safety as16 sociations; and any funds available to the Department may

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

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

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

20 funds appropriated under this paragraph shall be obli21 gated or expended to carry out section 115 of the Federal

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

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

24 enforcement of any training requirements, with respect to

25 shell dredging, or with respect to any sand, gravel, surface
18

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1 stone, surface clay, colloidal phosphate, or surface lime2 stone mine.

3 BUREAU OF LABOR STATISTICS

4 SALARIES AND EXPENSES

5 For necessary expenses for the Bureau of Labor Sta6 tistics, including advances or reimbursements to State,

7 Federal, and local agencies and their employees for serv8 ices rendered, $296,761,000 $298,761,000, of which

9 $5,134,000 shall be for expenses of revising the Consumer

10 Price Index and shall remain available until September 30,

11 1996, together with not to exceed $54,102,000, which may

12 be expended from the Employment Security Administra13 tion account in the Unemployment Trust Fund.

14 DEPARTMENTAL MANAGEMENT

15 SALARIES AND EXPENSES

16 For necessary expenses for Departmental Manage17 ment, including the hire of five sedans, and including up

18 to $4,392,000 for the President’s Committee on Employ19 ment of People With Disabilities, and including $2,500,000

20 for the International Program on the Elimination of Child

21 Labor notwithstanding any other provision of law,

22 $156,002,000, which includes $6,500,000 which shall re23 main available until expended for use by appropriate De24 partmental agencies for ADP equipment acquisition, sys25 tems development and associated support related to De-
19

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1 partmental enforcement programs; $152,818,000 together

2 with not to exceed $328,000, which may be expended from

3 the Employment Security Administration account in the

4 Unemployment Trust Fund.

5 ASSISTANT SECRETARY FOR VETERANS EMPLOYMENT

6 AND TRAINING

7 Not to exceed $185,281,000 $187,964,000 may be de8 rived from the Employment Security Administration ac9 count in the Unemployment Trust Fund to carry out the

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

11 OFFICE OF INSPECTOR GENERAL

12 For salaries and expenses of the Office of Inspector

13 General in carrying out the provisions of the Inspector

14 General Act of 1978, as amended, $47,676,000

15 $48,535,000, together with not to exceed $3,860,000

16 $3,966,000, which may be expended from the Employment

17 Security Administration account in the Unemployment

18 Trust Fund.

19 GENERAL PROVISIONS

20 SEC. 101. None of the funds in the Employees’ Com21 pensation Fund under 5 U.S.C. 8147 shall hereafter be

22 expended for payment of compensation, benefits, and ex23 penses to any individual convicted of a violation of 18

24 U.S.C. 1920, or of any felony fraud related to the applica25 tion for or receipt of benefits under subchapters I or III

26 of chapter 81 of title 5, United States Code.
20

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1 SEC. 101. DETERRENCE OF FRAUD AND ABUSE IN

2 THE FEDERAL EMPLOYEE’S WORKER COM3 PENSATION PROGRAM.

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

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

6 following new section:

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

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

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

10 statute relating to fraud in the application for a receipt

11 of any benefit under this subchapter or subchapter III of

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

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

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

17 the Secretary may take under section 8106 or 8129.

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

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

21 shall be paid or provided to any individual during any

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

23 prison, or other penal institution or correctional facility,

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

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

2 the benefits forfeited during the period of incarceration

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

4 ends.

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

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

7 during the period of incarceration, pay to such dependents

8 a percentage of the benefits that would have been payable

9 to such individual computed according to the percentages

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

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

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

13 any agency of the United States Government or of any

14 State (or political subdivision thereof) shall make available

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

16 and Social Security account numbers of individuals who

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

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

20 that constituted a felony under applicable law, which the

21 Secretary of Labor may require to carry out the provisions

22 of this section.’’.

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

‘‘8148. Forfeiture of benefits by convicted felons.’’.
22

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

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

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

4 employee’s compensation

5 ‘‘Whoever knowingly and willfully falsifies, conceals,

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

7 or fraudulent statement or representation, or makes or uses

8 a false statement or report knowing the same to contain

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

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

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

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

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

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

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

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

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

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

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

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

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

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

25 to claims filed before, on, or after the date of enactment
23

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

2 after such date of enactment.

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

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

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

7 (TRANSFER OF FUNDS)

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

11 such appropriations, but no such appropriation shall be

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

13 Provided, That any transfer pursuant to this section shall

14 be treated as a reprogramming of funds under section 104

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

17 forth in that section.

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

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

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

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

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

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

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

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1 ties presently performed by Federal employees; unless the

2 Appropriations Committees of both Houses of Congress

3 are notified fifteen days in advance of such

4 reprogramming of funds.

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

6 Department of Labor shall be available for obligation or

7 expenditure for activities, programs, or projects through

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

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

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

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

15 existing programs, activities, or projects as approved by

16 Congress, unless the Appropriations Committees of both

17 Houses of Congress are notified fifteen days in advance

18 of such reprogramming of funds.

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

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

22 of mutual interest, with nonprofit organizations, research

23 organizations, or public organizations or agencies, the cost

24 of which shall be apportioned equitably, as determined by

25 the Secretary.
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1 SEC. 106. The Secretary of Labor is authorized to ac2 cept, in the name of the Department of Labor, and employ

3 or dispose of in furtherance of authorized activities of the

4 Department of Labor, during the fiscal year ending Sep5 tember 30, 1995, and each fiscal year thereafter, any money

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

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

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

9 is amended by inserting at the end thereof: ‘‘The Commis10 sioner of Labor Statistics, Department of Labor.’’.

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

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

13 of Labor.’’.

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

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

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

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

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

19 Appropriations Act, 1995’’.

20 TITLE II—DEPARTMENT OF HEALTH AND

21 HUMAN SERVICES

22 HEALTH RESOURCES AND SERVICES ADMINISTRATION

23 HEALTH RESOURCES AND SERVICES

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

25 XIX, and XXVI of the Public Health Service Act, section
26

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1 427(a) of the Federal Coal Mine Health and Safety Act,

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

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

4 527, and the Native Hawaiian Health Care Act of 1988,

5 as amended, $3,008,225,000 $3,066,254,000, of which

6 $411,000 shall remain available until expended for inter7 est subsidies on loan guarantees made prior to fiscal year

8 1981 under part B of title VII of the Public Health Serv9 ice Act: Provided, That when the Department of Health

10 and Human Services administers or operates an employee

11 health program for any Federal department or agency,

12 payment for the full estimated cost shall be made by way

13 of reimbursement or in advance to this appropriation: Pro14 vided further, That of the funds made available under this

15 heading, $933,000 shall be available until expended for

16 facilities renovations at the Gillis W. Long Hansen’s Dis17 ease Center: Provided further, That in addition to fees au18 thorized by section 427(b) of the Health Care Quality Im19 provement Act of 1986, fees shall be collected for the full

20 disclosure of information under the Act sufficient to re21 cover the full costs of operating the National Practitioner

22 Data Bank, and shall remain available until expended to

23 carry out that Act: Provided further, That of the amounts

24 available for Area Health Education Centers, $25,000,000

25 shall be for section 746(i)(1)(A) of the Health Professions
27

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1 Education Extension Amendments of 1992, notwithstand2 ing section 746(i)(1)(C): Provided further, That of the funds

3 made available under this heading for program administra4 tion, $3,000,000 shall be made available for grants to cities

5 under title XXVI, sections 2601–2608 of the Public Health

6 Service Act: Provided further, That no more than

7 $5,000,000 is available for carrying out the provisions of

8 Public Law 102–501.

9 MEDICAL FACILITIES GUARANTEE AND LOAN FUND

10 FEDERAL INTEREST SUBSIDIES FOR MEDICAL FACILITIES

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

12 1602 of the Public Health Service Act, $9,000,000, to13 gether with any amounts received by the Secretary in con14 nection with loans and loan guarantees under title VI of

15 the Public Health Service Act, to be available without fis16 cal year limitation for the payment of interest subsidies.

17 During the fiscal year, no commitments for direct loans

18 or loan guarantees shall be made.

19 HEALTH EDUCATION ASSISTANCE LOANS PROGRAM

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

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

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

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

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

25 of the Congressional Budget Act of 1974: Provided fur26 ther, That these funds are available to subsidize gross obli-
28

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1 gations for the total loan principal any part of which is

2 to be guaranteed at not to exceed $375,000,000. In addi3 tion, for administrative expenses to carry out the guaran4 teed loan program, $2,946,000.

5 VACCINE INJURY COMPENSATION PROGRAM TRUST FUND

6 For payments from the Vaccine Injury Compensation

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

8 claims associated with vaccine-related injury or death with

9 respect to vaccines administered after September 30,

10 1988, pursuant to subtitle 2 of title XXI of the Public

11 Health Service Act, to remain available until expended:

12 Provided, That for necessary administrative expenses, not

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

14 Fund to the Secretary of Health and Human Services.

15 VACCINE INJURY COMPENSATION

16 For payment of claims resolved by the United States

17 Court of Federal Claims related to the administration of

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

19 available until expended.

20 CENTERS FOR DISEASE CONTROL AND PREVENTION

21 DISEASE CONTROL, RESEARCH, AND TRAINING

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

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

24 103, 201, 202, and 203 of the Federal Mine Safety and

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

26 Occupational Safety and Health Act of 1970; including
29

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1 insurance of official motor vehicles in foreign countries;

2 and hire, maintenance, and operation of aircraft,

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

4 remain available until expended for equipment and con5 struction and renovation of facilities, and in addition, such

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

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

8 year 1995 and subsequent fiscal years training of private

9 persons shall be made subject to reimbursement or ad10 vances to this appropriation for not in excess of the full

11 cost of such training: Provided further, That funds appro12 priated under this heading for fiscal year 1995 and subse13 quent fiscal years shall be available for payment of the

14 costs of medical care, related expenses, and burial ex15 penses hereafter incurred by or on behalf of any person

16 who had participated in the study of untreated syphilis

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

18 and subject to such terms and conditions as prescribed

19 by the Secretary of Health and Human Services and for

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

21 conditions, of such costs and expenses hereafter incurred

22 by or on behalf of such person’s wife or offspring deter23 mined by the Secretary to have suffered injury or disease

24 from syphilis contracted from such person: Provided fur25 ther, That for fiscal year 1995 and subsequent fiscal years
30

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1 amounts received by the National Center for Health Sta2 tistics from reimbursements and interagency agreements

3 and the sale of data tapes may be credited to this appro4 priation and shall remain available until expended: Pro5 vided further, That in addition to amounts provided here6 in, up to $27,862,000 $28,873,000 shall be available from

7 amounts available under section 241 of the Public Health

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

9 Statistics surveys.

10 NATIONAL INSTITUTES OF HEALTH

11 NATIONAL CANCER INSTITUTE

12 For carrying out section 301 and title IV of the Pub13 lic Health Service Act with respect to cancer,

14 $1,919,419,000.

15 NATIONAL HEART, LUNG, AND BLOOD INSTITUTE

16 For carrying out sections 301 and 1105 and title IV

17 of the Public Health Service Act with respect to cardio18 vascular, lung, and blood diseases, and blood and blood

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

20 NATIONAL INSTITUTE OF DENTAL RESEARCH

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

23 $162,832,000.
31

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1 NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND

2 KIDNEY DISEASES

3 For carrying out section 301 and title IV of the Pub4 lic Health Service Act with respect to diabetes and diges5 tive and kidney diseases, $726,784,000 $728,784,000.

6 NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS

7 AND STROKE

8 For carrying out section 301 and title IV of the Pub9 lic Health Service Act with respect to neurological dis10 orders and stroke, $626,801,000 $628,801,000.

11 NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS

12 DISEASES

13 For carrying out section 301 and title IV of the Pub14 lic Health Service Act with respect to allergy and infec15 tious diseases, $536,416,000.

16 NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES

17 For carrying out section 301 and title IV of the Pub18 lic Health Service Act with respect to general medical

19 sciences, $877,113,000.

20 NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN

21 DEVELOPMENT

22 For carrying out section 301 and title IV of the Pub23 lic Health Service Act with respect to child health and

24 human development, $513,409,000.
32

HR 4606 RS

1 NATIONAL EYE INSTITUTE

2 For carrying out section 301 and title IV of the Pub3 lic Health Service Act with respect to eye diseases and

4 visual disorders, $290,335,000 $292,022,000.

5 NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH

6 SCIENCES

7 For carrying out sections 301 and 311 and title IV

8 of the Public Health Service Act with respect to environ9 mental health sciences, $266,400,000 $267,955,000.

10 NATIONAL INSTITUTE ON AGING

11 For carrying out section 301 and title IV of the Pub12 lic Health Service Act with respect to aging, $431,198,000

13 $433,198,000.

14 NATIONAL INSTITUTE OF ARTHRITIS AND

15 MUSCULOSKELETAL AND SKIN DISEASES

16 For carrying out section 301 and title IV of the

17 Public Health Service Act with respect to arthritis, and

18 musculoskeletal and skin diseases, $227,021,000

19 $229,021,000.

20 NATIONAL INSTITUTE ON DEAFNESS AND OTHER

21 COMMUNICATION DISORDERS

22 For carrying out section 301 and title IV of the Pub23 lic Health Service Act with respect to deafness and other

24 communication disorders, $166,155,000 $167,129,000.
33

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1 NATIONAL INSTITUTE OF NURSING RESEARCH

2 For carrying out section 301 and title IV of the Pub3 lic Health Service Act with respect to nursing research,

4 $47,971,000 $48,326,000.

5 NATIONAL INSTITUTE ON ALCOHOL ABUSE AND

6 ALCOHOLISM

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

9 alcoholism, $181,445,000.

10 NATIONAL INSTITUTE ON DRUG ABUSE

11 For carrying out section 301 and title IV of the Pub12 lic Health Service Act with respect to drug abuse,

13 $290,280,000.

14 NATIONAL INSTITUTE OF MENTAL HEALTH

15 For carrying out section 301 and title IV of the Pub16 lic Health Service Act with respect to mental health,

17 $542,050,000 $544,050,000.

18 NATIONAL CENTER FOR RESEARCH RESOURCES

19 For carrying out section 301 and title IV of the Pub20 lic Health Service Act with respect to research resources

21 and general research support grants, $294,877,000: Pro22 vided, That none of these funds shall be used to pay recipi23 ents of the general research support grants program any

24 amount for indirect expenses in connection with such

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

26 extramural facilities construction grants.
34

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1 NATIONAL CENTER FOR HUMAN GENOME RESEARCH

2 For carrying out section 301 and title IV of the Pub3 lic Health Service Act with respect to human genome re4 search, $152,010,000.

5 JOHN E. FOGARTY INTERNATIONAL CENTER

6 For carrying out the activities at the John E.

7 Fogarty International Center, $15,193,000 $13,209,000.

8 NATIONAL LIBRARY OF MEDICINE

9 For carrying out section 301 and title IV of the Pub10 lic Health Service Act with respect to health information

11 communications, $123,274,000 $127,274,000.

12 OFFICE OF THE DIRECTOR

13 (INCLUDING TRANSFER OF FUNDS)

14 For carrying out the responsibilities of the Office of

15 the Director, National Institutes of Health, $219,474,000

16 $215,045,000: Provided, That funding shall be available for

17 the purchase of not to exceed five passenger motor vehicles

18 for replacement only: Provided further, That the Director

19 may direct up to 1 percent of the total amount made avail20 able in this Act to all National Institutes of Health appro21 priations to activities the Director may so designate: Pro22 vided further, That no such appropriation shall be in23 creased or decreased by more than 1 percent by any such

24 transfers and that the Congress is promptly notified of

25 the transfer.
35

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1 OFFICE OF AIDS RESEARCH

2 (INCLUDING TRANSFER OF FUNDS)

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

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

5 Director of the Office of AIDS Research shall transfer

6 from this appropriation the amounts necessary to carry

7 out section 2353(d) of the Act.

8 BUILDINGS AND FACILITIES

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

10 equipment for, facilities of or used by the National Insti11 tutes of Health, including the acquisition of real property,

12 $114,370,000 $113,370,000, to remain available until ex13 pended.

14 SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

15 ADMINISTRATION

16 SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

17 For carrying out the Public Health Service Act with

18 respect to substance abuse and mental health services, sec19 tion 612 of Public Law 100–77, as amended, and the Pro20 tection and Advocacy for Mentally Ill Individuals Act of

21 1986, $2,166,148,000 $2,164,179,000: Provided, That no

22 portion of amounts appropriated for the programs of the

23 Department of Health and Human Services shall be avail24 able for obligation pursuant to section 571 of the Public

25 Health Service Act, other than an amount of $3,750,000
36

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1 from amounts appropriated to carry out section 510 of

2 that Act.

3 ASSISTANT SECRETARY FOR HEALTH

4 OFFICE OF THE ASSISTANT SECRETARY FOR HEALTH

5 (INCLUDING TRANSFER OF FUNDS)

6 For the expenses necessary for the Office of Assistant

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

8 XX and XXI of the Public Health Service Act,

9 $70,261,000 $63,004,000, of which $2,048,000 and 30 full10 time equivalent positions will be transferred from the Na11 tional Vaccine Program Office to the Centers for Disease

12 Control and Prevention for the expanded immunization

13 program, and, in addition, amounts received from Free14 dom of Information Act fees and reimbursable and inter15 agency agreements shall be credited to this appropriation

16 and shall remain available until expended:–Provided, That

17 $2,000,000 of the amount appropriated in this paragraph

18 shall be transferred to the Food and Drug Administration,

19 Salaries and Expenses appropriation account.

20 RETIREMENT PAY AND MEDICAL BENEFITS FOR

21 COMMISSIONED OFFICERS

22 For retirement pay and medical benefits of Public

23 Health Service Commissioned Officers as authorized by

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

25 Family Protection Plan and Survivor Benefit Plan and for

26 medical care of dependents and retired personnel under
37

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

2 for payments pursuant to section 229(b) of the Social Se3 curity Act (42 U.S.C. 429(b)), such amounts as may be

4 required during the current fiscal year.

5 AGENCY FOR HEALTH CARE POLICY AND RESEARCH

6 HEALTH CARE POLICY AND RESEARCH

7 For carrying out titles III and IX of the Public

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

9 Security Act, $134,624,000 $128,914,000, together with

10 not to exceed $5,806,000 $5,786,000 to be transferred

11 from the Federal Hospital Insurance and the Federal Sup12 plementary Medical Insurance Trust Funds, as authorized

13 by sections 1142 and 201(g) of the Social Security Act;

14 in addition, amounts received from Freedom of Informa15 tion Act fees, reimbursable and interagency agreements,

16 and the sale of data tapes shall be credited to this appro17 priation and shall remain available until expended: Pro18 vided, That the amount made available pursuant to section

19 926(b) of the Public Health Service Act shall not exceed

20 $13,202,000 $31,504,000.

21 HEALTH CARE FINANCING ADMINISTRATION

22 GRANTS TO STATES FOR MEDICAID

23 For carrying out, except as otherwise provided, titles

24 XI and XIX of the Social Security Act $62,637,775,000

25 $62,640,775,000, to remain available until expended.
38

HR 4606 RS

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

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

3 quarter of fiscal year 1995 for unanticipated costs, in4 curred for the current fiscal year, such sums as may be

5 necessary.

6 For making payments to States under title XIX of

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

8 1996, $27,047,717,000, to remain available until ex9 pended.

10 Payment under title XIX may be made for any quar11 ter with respect to a State plan or plan amendment in

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

13 quarter and approved in that or any subsequent quarter.

14 PAYMENTS TO HEALTH CARE TRUST FUNDS

15 For payment to the Federal Hospital Insurance and

16 the Federal Supplementary Medical Insurance Trust

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

18 Social Security Act, sections 103(c) and 111(d) of the So19 cial Security Amendments of 1965, section 278(d) of Pub20 lic Law 97–248, and for administrative expenses incurred

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

22 $37,546,758,000.

23 PROGRAM MANAGEMENT

24 For carrying out, except as otherwise provided, titles

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

26 XIII of the Public Health Service Act, the Clinical Labora-
39

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1 tory Improvement Amendments of 1988, section 4360 of

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

3 100–203, not to exceed $2,183,985,000 $2,207,237,000,

4 together with all funds collected in accordance with section

5 353 of the Public Health Service Act, the latter funds to

6 remain available until expended; the $2,183,985,000

7 $2,207,237,000 to be transferred to this appropriation as

8 authorized by section 201(g) of the Social Security Act,

9 from the Federal Hospital Insurance and the Federal Sup10 plementary Medical Insurance Trust Funds: Provided,

11 That all funds derived in accordance with 31 U.S.C. 9701

12 from organizations established under title XIII of the Pub13 lic Health Service Act are to be credited to this appropria14 tion.

15 HEALTH MAINTENANCE ORGANIZATION LOAN AND LOAN

16 GUARANTEE FUND

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

18 1308 of the Public Health Service Act, $15,000,000 to19 gether with any amounts received by the Secretary in con20 nection with loans and loan guarantees under title XIII

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

22 fiscal year limitation for the payment of outstanding obli23 gations. During fiscal year 1995, no commitments for di24 rect loans or loan guarantees shall be made.
40

HR 4606 RS

1 SOCIAL SECURITY ADMINISTRATION

2 PAYMENTS TO SOCIAL SECURITY TRUST FUNDS

3 For payment to the Federal Old-Age and Survivors

4 Insurance and the Federal Disability Insurance Trust

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

6 1131(b)(2) of the Social Security Act, $25,094,000.

7 SPECIAL BENEFITS FOR DISABLED COAL MINERS

8 For carrying out title IV of the Federal Mine Safety

9 and Health Act of 1977, $527,874,000, to remain avail10 able until expended.

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

12 benefit payments to individuals under title IV of the Fed13 eral Mine Safety and Health Act of 1977, for costs in14 curred in the current fiscal year, such amounts as may

15 be necessary.

16 For making benefit payments under title IV of the

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

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

19 available until expended.

20 SUPPLEMENTAL SECURITY INCOME PROGRAM

21 For carrying out titles XI and XVI of the Social Se22 curity Act, section 401 of Public Law 92–603, section 212

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

24 Public Law 95–216, including payment to the Social Secu25 rity trust funds for administrative expenses incurred pur26 suant to section 201(g)(1) of the Social Security Act,
41

HR 4606 RS

1 $21,237,101,000 $21,192,101,000, to remain available

2 until expended: Provided, That any portion of the funds

3 provided to a State in the current fiscal year and not obli4 gated by the State during that year shall be returned to

5 the Treasury.

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

7 benefit payments to individuals under title XVI of the So8 cial Security Act, for unanticipated costs incurred for the

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

10 For carrying out title XVI of the Social Security Act

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

12 to remain available until expended.

13 LIMITATION ON ADMINISTRATIVE EXPENSES

14 For necessary expenses, not more than

15 $5,127,785,000 $5,157,011,000 may be expended, as au16 thorized by section 201(g)(1) of the Social Security Act

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

18 the Internal Revenue Code of 1986 as such sections were

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

20 trust funds referred to therein: Provided, That reimburse21 ment to the Trust Funds under this heading for adminis22 trative expenses to carry out sections 9704 and 9706 of

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

24 interest, not later than September 30, 1996.

25 In addition to funding already available under this

26 heading, and subject to the same terms and conditions,
42

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1 $352,000,000 $320,000,000, for disability caseload proc2 essing.

3 In addition to funding already available under this

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

5 $130,000,000 $64,000,000, which shall remain available

6 until expended, to invest in a state-of-the-art computing

7 network, including related equipment and administrative

8 expenses associated solely with this network, for the Social

9 Security Administration and the State Disability Deter10 mination Services, may be expended from any or all of

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

12 Social Security Act.

13 ADMINISTRATION FOR CHILDREN AND FAMILIES

14 FAMILY SUPPORT PAYMENTS TO STATES

15 For making payments to States or other non-Federal

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

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

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

19 1960 (24 U.S.C. ch. 9), $12,761,788,000, to remain avail20 able until expended.

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

22 payments to States or other non-Federal entities under

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

24 Security Act, for the last three months of the current year
43

HR 4606 RS

1 for unanticipated costs, incurred for the current fiscal

2 year, such sums as may be necessary.

3 For making payments to States or other non-Federal

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

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

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

7 first quarter of fiscal year 1996, $4,400,000,000, to re8 main available until expended.

9 JOB OPPORTUNITIES AND BASIC SKILLS

10 For carrying out aid to families with dependent chil11 dren work programs, as authorized by part F of title IV

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

13 LOW INCOME HOME ENERGY ASSISTANCE

14 (INCLUDING RESCISSION)

15 Of the funds made available beginning on October 1,

16 1994 under this heading in Public Law 103–112,

17 $250,000,000 $89,592,000 are hereby rescinded.

18 The funds remaining after said rescission shall be

19 available for obligation through September 30, 1995.

20 For making payments under title XXVI of the Omni21 bus Budget Reconciliation Act of 1981, $1,225,000,000

22 $1,475,000,000, to be available for obligation in the period

23 October 1, 1995 through September 30, 1996.

24 For making payments under title XXVI of the Omni25 bus Budget Reconciliation Act of 1981, an additional

26 $600,000,000: Provided, That all of the funds available
44

HR 4606 RS

1 under this paragraph are hereby designated by Congress

2 to be emergency requirements pursuant to section

3 251(b)(2)(D) of the Balanced Budget and Emergency

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

5 funds shall be made available only after submission to

6 Congress of a formal budget request by the President that

7 includes designation of the entire amount of the request

8 as an emergency requirement as defined in the Balanced

9 Budget and Emergency Deficit Control Act of 1985.

10 REFUGEE AND ENTRANT ASSISTANCE

11 For making payments for refugee and entrant assist12 ance activities authorized by title IV of the Immigration

13 and Nationality Act and section 501 of the Refugee Edu14 cation Assistance Act of 1980 (Public Law 96–422),

15 $399,779,000: Provided, That funds appropriated pursu16 ant to section 414(a) of the Immigration and Nationality

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

18 be available for the costs of assistance provided and other

19 activities conducted in such year and in fiscal years 1994

20 and 1995.

21 COMMUNITY SERVICES BLOCK GRANT

22 For making payments under the Community Services

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

24 the Stewart B. McKinney Homeless Assistance Act,

25 $465,714,000 $476,219,000, of which $12,000,000 shall be

26 for carrying out the National Youth Sports Program: Pro-
45

HR 4606 RS

1 vided, That payments from such amount to the grantee and

2 subgrantees administering the National Youth Sports Pro3 gram may not exceed the aggregate amount contributed in

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

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

6 amount may not be made available to the grantee and

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

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

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

11 such excess amount.

12 CHILD CARE AND DEVELOPMENT BLOCK GRANT

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

14 Omnibus Budget Reconciliation Act of 1981 (The Child

15 Care and Development Block Grant Act of 1990),

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

17 under the same statutory terms and conditions applicable

18 in the prior fiscal year.

19 SOCIAL SERVICES BLOCK GRANT

20 For making grants to States pursuant to section

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

22 CHILDREN AND FAMILIES SERVICES PROGRAMS

23 For carrying out, except as otherwise provided, the

24 Runaway and Homeless Youth Act, the Developmental

25 Disabilities Assistance and Bill of Rights Act, the State

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

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

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

9 the Abandoned Infants Assistance Act of 1988, subtitle

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

12 the Social Security Act, and for necessary administrative

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

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

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

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

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

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

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

22 FAMILY PRESERVATION AND SUPPORT

23 For carrying out section 430 of the Social Security

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

2 ASSISTANCE

3 For making payments to States or other non-Federal

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

5 $3,440,871,000 $3,597,371,000.

6 ADMINISTRATION ON AGING

7 AGING SERVICES PROGRAMS

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

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

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

12 OFFICE OF THE SECRETARY

13 GENERAL DEPARTMENTAL MANAGEMENT

14 For necessary expenses, not otherwise provided, for

15 general departmental management, including hire of six

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

17 $31,008,000, to be transferred and expended as author18 ized by section 201(g)(1) of the Social Security Act from

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

20 OFFICE OF INSPECTOR GENERAL

21 For expenses necessary for the Office of Inspector

22 General in carrying out the provisions of the Inspector

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

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

3 OFFICE FOR CIVIL RIGHTS

4 For expenses necessary for the Office for Civil

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

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

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

8 one or all of the trust funds referred to therein.

9 POLICY RESEARCH

10 For carrying out, to the extent not otherwise pro11 vided, research studies under section 1110 of the Social

12 Security Act, $14,632,000 $10,741,000.

13 GENERAL PROVISIONS

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

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

16 and representation expenses when specifically approved by

17 the Secretary.

18 SEC. 202. The Secretary shall make available through

19 assignment not more than 60 employees of the Public

20 Health Service to assist in child survival activities and to

21 work in AIDS programs through and with funds provided

22 by the Agency for International Development, the United

23 Nations International Children’s Emergency Fund or the

24 World Health Organization.

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

26 Act may be used to implement section 399L(b) of the Pub-
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1 lic Health Service Act or section 1911(d) and section 1503

2 of the National Institutes of Health Revitalization Act of

3 1993, Public Law 103–43.

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

5 Act may be used to require States as a condition of receiv6 ing funding under the Child Abuse Prevention and Treat7 ment Act to restrict, condition, or otherwise qualify a

8 State’s authority to determine (i) whether and under what

9 circumstances a parent’s decision to provide non-medical

10 health care for a child may constitute negligent treatment

11 or maltreatment, and (ii) the circumstances under which

12 it is appropriate to order medical treatment for a child

13 who is receiving non-medical health care.

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

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

16 the Child Abuse Prevention and Treatment Act by reason

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

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

19 Regulations. This provision expires upon the date of enact20 ment of the reauthorization of the Child Abuse Prevention

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

22 occurs first.

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

24 to the Department of Health and Human Services (exclud25 ing the Food and Drug Administration and the Indian
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1 Health Service) during fiscal year 1995, $37,125,000 are

2 permanently canceled.

3 (b) The Secretary of Health and Human Services

4 shall allocate the amount of budgetary resources canceled

5 among the Department’s accounts (excluding the Food

6 and Drug Administration and the Indian Health Service)

7 available for procurement and procurement-related ex8 penses. Amounts available for procurement and procure9 ment-related expenses in each such account shall be re10 duced by the amount allocated to such account.

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

12 of ‘‘procurement’’ includes all stages of the process of ac13 quiring property or services, beginning with the process

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

15 with contract completion and closeout, as specified in 41

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

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

18 for the National Institutes of Health and the Substance

19 Abuse and Mental Health Services Administration shall be

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

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

22 $125,000 per year.

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

24 the Department of Health and Human Services for space

25 rental charges (excluding Food and Drug Administration
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1 and the Indian Health Service) during fiscal year 1995,

2 $4,505,000 are permanently canceled.

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

4 allocate the amount of budgetary resources canceled among

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

6 Administration and the Indian Health Service) available

7 for space rental charges. Amounts available for space rental

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

9 allocated to such account.

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

11 office located in the Department of Health and Human

12 Services shall be treated as a reprogramming of funds and

13 shall not be available for obligation or expenditure except

14 in compliance with the Committee reprogramming proce15 dures.

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

17 Act shall be obligated or expended for storage or distribution

18 of publicly-purchased pediatric vaccine through a ware19 house and distribution facility operated by the General

20 Services Administration until such time as the Secretary

21 of Health and Human Services receives written approval

22 by the Appropriations Committees of both the House and

23 Senate: Provided, That such approval shall be contingent

24 upon the following requirements:
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1 (1) All aspects of the ordering, storage, packag2 ing and distribution system are fully developed, tested

3 and validated in accordance with the requirements

4 imposed on commercial manufacturers and distribu5 tors.

6 (2) The Commissioner of FDA has conducted a

7 complete review of all aspects of the system, has re8 viewed and verified documentation of testing and val9 idation procedures, and has provided documentation

10 to the Committees of both the House and the Senate

11 that all licensing and performance standards required

12 of commercial distributors have been met by the Gen13 eral Services Administration system.

14 (3) The Secretary has provided documentation to

15 the Committees of both Houses that the cost of the

16 General Services Administration system is lower than

17 the cost of private sector bids.

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

19 and Human Services Appropriations Act, 1995’’.

20 TITLE III—DEPARTMENT OF EDUCATION

21 EDUCATION REFORM

22 For carrying out activities authorized by titles II and

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

24 and titles II, III, and IV of the School-to-Work Opportuni25 ties Act, $528,400,000 of which $503,670,000 shall be-
53

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1 come available on July 1, 1995, and remain available

2 through September 30, 1996.

3 EDUCATION FOR THE DISADVANTAGED

4 For carrying out the activities authorized by title I

5 of the Elementary and Secondary Education Act of 1965,

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

7 passed the House of Representatives on March 24, 1994

8 reported by the Senate Committee on Labor and Human

9 Resources on June 24, 1994, and by section 418A of the

10 Higher Education Act, $7,245,655,000 $7,233,411,000, of

11 which $7,212,093,000 $7,214,849,000 shall become avail12 able on July 1, 1995 and shall remain available through

13 September 30, 1996: Provided, That $6,698,356,000 shall

14 be available for grants to local education agencies, not less

15 than $41,434,000 shall be available for capital expenses,

16 $102,024,000 shall be available for the Even Start pro17 gram, $305,475,000 shall be available for title I migrant

18 education activities, $37,244,000 not less than $40,000,000

19 shall be available for title I delinquent and high-risk youth

20 education activities, no more than $27,560,000 shall be

21 for program improvement activities, $15,000,000 shall be

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

23 evaluation.

24 IMPACT AID

25 For carrying out programs of financial assistance to

26 federally affected schools authorized by the Improving
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1 America’s Schools Act as passed the House of Representa2 tives on March 24, 1994 reported by the Senate Committee

3 on Labor and Human Resources on June 24, 1994,

4 $728,000,000 $666,880,000, of which $40,000,000, to re5 main available until expended, shall be for payments for

6 heavily impacted districts under section 8004(f) 9004(f).

7 SCHOOL IMPROVEMENT PROGRAMS

8 For carrying out school improvement activities au9 thorized by titles II, III, IV, and V IV, V, VII, VIII, IX,

10 and XV of the Elementary and Secondary Education Act

11 of 1965, as amended by the Improving America’s Schools

12 Act as passed the House of Representatives on March 24,

13 1994 reported by the Senate Committee on Labor and

14 Human Resources on June 24, 1994; the Stewart B.

15 McKinney Homeless Assistance Act; the Civil Rights Act

16 of 1964; and title V of the Higher Education Act;

17 $1,424,513,000 $1,570,201,000, of which $1,158,695,000

18 $1,164,849,000 shall become available on July 1, 1995,

19 and remain available through September 30, 1996: Pro20 vided, That $5,899,000 shall be for law related education

21 under section 3702 $100,000,000 shall be for education in22 frastructure under title XV, $5,899,000 shall be for law re23 lated education under section 8252, $37,393,000 shall be for

24 dropout assistance under part B of title V, $4,185,000 shall

25 be for Ellender Fellowships under part E of title VIII,

26 $15,000,000 shall be for education for Native Hawaiians
55

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1 under part C of title IX, and $10,912,000 shall be for for2 eign language assistance under part B of title VII.

3 BILINGUAL AND IMMIGRANT EDUCATION

4 For carrying out, to the extent not otherwise pro5 vided, bilingual and immigrant education activities author6 ized by title VII titles VII and IX of the Elementary and

7 Secondary Education Act as amended by the Improving

8 America’s Schools Act, as passed the House of Represent9 atives on March 24, 1994 and by title IV of the Carl D.

10 Perkins Vocational and Applied Technology Education Act

11 reported by the Senate Committee on Labor and Human

12 Resources on June 24, 1994, $247,572,000 $238,082,000,

13 of which $25,180,000 shall be for training activities under

14 part C subpart 3 of part A of title VII, and $50,000,000

15 shall be for the immigrant education program under part

16 B of title IX.

17 SPECIAL EDUCATION

18 For carrying out the Individuals with Disabilities

19 Education Act, $3,106,634,000 $3,299,459,000, of which

20 $2,858,973,000 $3,045,425,000 shall become available for

21 obligation on July 1, 1995, and shall remain available

22 through September 30, 1996.

23 REHABILITATION SERVICES AND DISABILITY RESEARCH

24 For carrying out, to the extent not otherwise pro25 vided, the Rehabilitation Act of 1973, the Technology-Re26 lated Assistance for Individuals with Disabilities Act, and
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1 the Helen Keller National Center Act, as amended,

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

3 SPECIAL INSTITUTIONS FOR PERSONS WITH

4 DISABILITIES

5 AMERICAN PRINTING HOUSE FOR THE BLIND

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

7 amended (20 U.S.C. 101 et seq.), $6,406,000 $6,680,000.

8 NATIONAL TECHNICAL INSTITUTE FOR THE DEAF

9 For the National Technical Institute for the Deaf

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

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

12 $43,191,000, of which $333,000 for the endowment pro13 gram as authorized under section 207 and not to exceed

14 $192,000 for construction shall remain available until ex15 pended $336,000 shall be for the endowment program as

16 authorized under section 207 and shall be available until

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

18 be available until expended.

19 GALLAUDET UNIVERSITY

20 For the Kendall Demonstration Elementary School,

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

22 support of Gallaudet University under titles I and II of

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

24 et seq.), $76,742,000 $80,030,000, of which $991,000

25 $1,000,000 shall be for the endowment program as author-
57

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1 ized under section 207 and shall be available until ex2 pended.

3 VOCATIONAL AND ADULT EDUCATION

4 For carrying out, to the extent not otherwise pro5 vided, the Carl D. Perkins Vocational and Applied Tech6 nology Education Act, the Adult Education Act, the Na7 tional Literacy Act of 1991, and the Stewart B. McKinney

8 Homeless Assistance Act, $1,456,383,000, of which

9 $1,453,464,000 $1,475,736,000, of which $1,472,817,000

10 shall become available on July 1, 1995 and shall remain

11 available through September 30, 1996: Provided, That of

12 the amounts made available under the Carl D. Perkins

13 Vocational and Applied Technology Education Act,

14 $400,000 of the amount available for Tech-Prep shall be

15 for evaluation of the program and $25,767,000

16 $37,096,000 shall be for national programs under title IV,

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

18 shall be for the National Center for Research on Voca19 tional Education; $13,000,000 $23,245,000 for demonstra20 tions, notwithstanding section 411(b); and $4,916,000

21 $6,000,000 for data systems: Provided further, That of the

22 amounts made available under the Adult Education Act,

23 $5,400,000 $3,900,000 shall be for national programs

24 under sections 382 and 383 section 383, and $4,869,000

25 shall be for the National Institute for Literacy under sec26 tion 384.
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1 STUDENT FINANCIAL ASSISTANCE

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

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

4 Act of 1965, as amended, including, notwithstanding sec5 tion 401(a)(1), not to exceed 3,930,000 Pell Grant recipi6 ents in award year 1994–1995, $7,825,417,000

7 $7,685,524,000, which shall remain available through Sep8 tember 30, 1996, and of which $54,322,000 $72,429,000

9 shall be for State Student Incentive Grants under subpart

10 4 of part A.

11 The maximum Pell Grant for which a student shall

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

13 Provided, That notwithstanding section 401(g) of the Act,

14 as amended, if the Secretary determines, prior to publica15 tion of the payment schedule for award year 1995–1996,

16 that the $6,247,180,000 included within this appropria17 tion for Pell Grant awards for award year 1995–1996, and

18 any funds available from the FY 1994 appropriation for

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

20 awards for which students are eligible, as calculated under

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

22 award shall be reduced by either a fixed or variable per23 centage, or by a fixed dollar amount, as determined in ac24 cordance with a schedule of reductions established by the

25 Secretary for this purpose.
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1 FEDERAL FAMILY EDUCATION LOAN PROGRAM ACCOUNT

2 For Federal administrative expenses to carry out

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

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

5 FEDERAL DIRECT STUDENT LOAN PROGRAM ACCOUNT

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

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

8 as may be necessary to carry out the purposes of the pro9 gram, including such sums as may be derived from negative

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

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

12 of the Congressional Budget Act of 1974.

13 HIGHER EDUCATION

14 For carrying out, to the extent not otherwise pro15 vided, titles I, II, without regard to section 241(d), III,

16 IV, including chapter 2 of subpart 2 of part A, V, VI,

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

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

19 and XI, without regard to section 1151, and section 1521

20 as amended by Public Law 103–239, and XV of the Higher

21 Education Act of 1965, as amended; the Mutual Edu22 cational and Cultural Exchange Act of 1961; title VI, in23 cluding part C, and title VI of the Excellence in Mathe24 matics, Science and Engineering Education Act of 1990;

25 and Public Law 102–423; $954,686,000, of which

26 $8,248,000 $946,703,000, of which $7,498,000 for endow-
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1 ment activities under section 331 of part C of title III

2 and $17,512,000 for interest subsidies under title VII of

3 the Higher Education Act, as amended, and $4,000,000

4 for Public Law 102–423 shall remain available until ex5 pended and $1,500,000 of the amount provided herein for

6 title III shall be available for an evaluation of the title

7 III programs.

8 HOWARD UNIVERSITY

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

10 121 et seq.), $206,463,000 $192,896,000, of which

11 $7,910,000 $3,530,000, to remain available until ex12 pended, shall be for a matching endowment grant to be

13 administered in accordance with the Howard University

14 Endowment Act (Public Law 98–480) and $6,000,000, to

15 remain available until expended, shall be for construction.

16 HIGHER EDUCATION FACILITIES LOANS

17 The Secretary is hereby authorized to make such ex18 penditures, within the limits of funds available under this

19 heading and in accord with law, and to make such con20 tracts and commitments without regard to fiscal year limi21 tation, as provided by section 104 of the Government Cor22 poration Control Act (31 U.S.C. 9104), as may be nec23 essary in carrying out the program for the current fiscal

24 year.
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1 COLLEGE HOUSING AND ACADEMIC FACILITIES LOANS

2 PROGRAM

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

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

5 $134,000 $168,000: Provided, That such costs, including

6 costs of modifying such loans, shall be as defined in sec7 tion 502 of the Congressional Budget Act of 1974 and

8 that these funds are available to subsidize gross obliga9 tions for the principal amount of direct loans of not to

10 exceed $8,000,000 $10,000,000: Provided further, That ob11 ligated balances of these appropriations will remain avail12 able until expended, notwithstanding the provisions of 31

13 U.S.C. 1552(a), as amended by Public Law 101–510. In

14 addition, for administrative expenses to carry out the ex15 isting direct loan program of college housing and academic

16 facilities loans entered into pursuant to title VII, part C,

17 of the Higher Education Act, as amended, $1,022,000.

18 COLLEGE HOUSING LOANS

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

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

21 housing loans program, previously carried out under title

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

23 expenditures and enter into contracts without regard to

24 fiscal year limitation using loan repayments and other re25 sources available to this account. Any unobligated bal26 ances becoming available from fixed fees paid into this ac-
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1 count pursuant to 12 U.S.C. 1749d, relating to payment

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

3 for the operating expenses of this account.

4 HISTORICALLY BLACK COLLEGE AND UNIVERSITY

5 CAPITAL FINANCING, PROGRAM ACCOUNT

6 The total amount of bonds insured pursuant to sec7 tion 724 of title VII, part B of the Higher Education Act

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

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

10 of such bonds shall not exceed zero.

11 For administrative expenses to carry out the Histori12 cally Black College and University Capital Financing Pro13 gram entered into pursuant to title VII, part B of the

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

15 EDUCATION RESEARCH, STATISTICS, AND IMPROVEMENT

16 For carrying out activities authorized by the Edu17 cational Research, Development, Dissemination, and Im18 provement Act; the Elementary and Secondary Education

19 Act of 1965 and the Education Council Act, as amended

20 by the Improving America’s Schools Act as passed the

21 House of Representatives on March 24, 1994; the Na22 tional Education Statistics Act of 1994 as passed the

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

24 General Education Provisions Act, $318,775,000: Pro25 vided, That $39,320,000 shall be for regional laboratories,

26 including rural initiatives; $4,463,000 shall be for civics
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1 education activities; $14,480,000 shall be for the National

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

3 professional development Federal activities; and

4 $20,000,000 shall be for Federal leadership activities in

5 education technology, as amended by the Improving Ameri6 ca’s Schools Act as reported by the Committee on Labor

7 and Human Resources on June 24, 1994; the National Edu8 cation Statistics Act of 1994, as reported by the Committee

9 on Labor and Human Resources on June 24, 1994; and

10 title VI of Public Law 103–227; $371,586,000: Provided,

11 That $41,000,000 shall be for regional laboratories, includ12 ing rural initiatives and network activities; $33,000,000

13 shall be for research centers; $5,000,000 shall be for title

14 VI of Public Law 103–227; $3,000,000 shall be for part K

15 of title VIII of the Elementary and Secondary Education

16 Act, as amended by the Improving America’s Schools Act

17 as reported by the Committee on Labor and Human Re18 sources on June 24, 1994; $4,463,000 shall be for civic edu19 cation activities; $14,480,000 shall be for the National Dif20 fusion Network; $40,000,000 shall be for Eisenhower profes21 sional development Federal activities, including not less

22 than $5,472,000 for the National Clearinghouse for Science

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

24 $3,000,000 for part E of title II of the Elementary and Sec25 ondary Education Act, as amended by the Improving Amer-
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1 ica’s Schools Act as reported by the Committee on Labor

2 and Human Resources on June 24, 1994; and $50,000,000

3 shall be for education technology activities under part A

4 of title III of the Elementary and Secondary Education Act,

5 as amended by the Improving America’s Schools Act as re6 ported by the Committee on Labor and Human Resources

7 on June 24, 1994.

8 LIBRARIES

9 For carrying out, to the extent not otherwise pro10 vided, titles I, II, III, IV, and VI of the Library Services

11 and Construction Act (20 U.S.C. ch. 16), and section 222

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

13 Higher Education Act, $147,558,000, of which $17,792,000

14 shall be used to carry out the provisions of title II of the

15 Library Services and Construction Act and shall remain

16 available until expended, and $4,916,000 shall be for section

17 222 and $8,270,000 shall be for section 223 of the Higher

18 Education Act, of which $2,500,000 shall be for demonstra19 tion of on-line and dial-in access to a statewide, multitype

20 library bibliographic data base through a statewide fiber

21 optic network housing a point of presence in every county,

22 connecting library services in every municipality, and

23 $1,500,000 shall be for a demonstration project making

24 Federal information and other data bases available for pub25 lic use by connecting Internet to a multistate consortium
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1 of public and private colleges and universities, a public li2 brary system, and a State historical library.

3 DEPARTMENTAL MANAGEMENT

4 PROGRAM ADMINISTRATION

5 For carrying out, to the extent not otherwise pro6 vided, the Department of Education Organization Act, in7 cluding rental of conference rooms in the District of Co8 lumbia and hire of two passenger motor vehicles,

9 $359,358,000 $346,008,000.

10 OFFICE FOR CIVIL RIGHTS

11 For expenses necessary for the Office for Civil

12 Rights, as authorized by section 203 of the Department

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

14 OFFICE OF THE INSPECTOR GENERAL

15 For expenses necessary for the Office of the Inspector

16 General, as authorized by section 212 of the Department

17 of Education Organization Act, $29,199,000 $31,675,000.

18 GENERAL PROVISIONS

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

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

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

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

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

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

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

26 student attending any elementary or secondary school so
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1 desegregated to or from a particular school over the pro2 test of his or her parents or parent.

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

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

5 which is desegregated as that term is defined in title IV

6 of the Civil Rights Act of 1964, Public Law 88–352, to

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

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

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

10 to or from a particular school so desegregated as a condi11 tion precedent to obtaining Federal funds otherwise avail12 able to any State, school district or school.

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

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

15 purchase of equipment for such transportation) in order

16 to overcome racial imbalance in any school or school sys17 tem, or for the transportation of students or teachers (or

18 for the purchase of equipment for such transportation) in

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

20 school or school system.

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

22 shall be used to require, directly or indirectly, the trans23 portation of any student to a school other than the school

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

25 requiring special education, to the school offering such
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1 special education, in order to comply with title VI of the

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

3 an indirect requirement of transportation of students in4 cludes the transportation of students to carry out a plan

5 involving the reorganization of the grade structure of

6 schools, the pairing of schools, or the clustering of schools,

7 or any combination of grade restructuring, pairing or clus8 tering. The prohibition described in this section does not

9 include the establishment of magnet schools.

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

11 be used to prevent the implementation of programs of vol12 untary prayer and meditation in the public schools.

13 This title may be cited as the ‘‘Department of Edu14 cation Appropriations Act, 1995’’.

15 TITLE IV—RELATED AGENCIES

16 ARMED FORCES RETIREMENT HOME

17 For expenses necessary for the Armed Forces Retire18 ment Home to operate and maintain the United States

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

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

21 Forces Retirement Home Trust Fund, $59,816,000

22 $56,820,000, of which $2,906,000 shall remain available

23 until expended for construction and renovation of the

24 physical plants at the United States Soldiers’ and Air25 men’s Home and the United States Naval Home: Pro-
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1 vided, That this appropriation shall not be available for

2 the payment of hospitalization of members of the Soldiers’

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

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

5 Army upon recommendation of the Board of Commis6 sioners and the Surgeon General of the Army.

7 CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

8 DOMESTIC VOLUNTEER SERVICE PROGRAMS, OPERATING

9 EXPENSES

10 For expenses necessary for the Corporation for Na11 tional and Community Service to carry out the provisions

12 of the Domestic Volunteer Service Act of 1973, as amend13 ed, $205,771,000 $217,688,000.

14 CORPORATION FOR PUBLIC BROADCASTING

15 (RESCISSION)

16 Of the funds made available under this heading in

17 Public Law 102–394, $21,100,000 are hereby rescinded.

18 For payment to the Corporation for Public Broadcast19 ing, as authorized by the Communications Act of 1934, an

20 amount which shall be available within limitations speci21 fied by that Act, for the fiscal year 1997, $330,000,000: Pro22 vided, That no funds made available to the Corporation for

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

24 receptions, parties, or similar forms of entertainment for

25 Government officials or employees: Provided further, That
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1 none of the funds contained in this paragraph shall be

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

3 from which any person is excluded, or is denied benefits,

4 or is discriminated against, on the basis of race, color, na5 tional origin, religion, or sex.

6 FEDERAL MEDIATION AND CONCILIATION SERVICE

7 SALARIES AND EXPENSES

8 For expenses necessary for the Federal Mediation

9 and Conciliation Service to carry out the functions vested

10 in it by the Labor-Management Relations Act, 1947 (29

11 U.S.C. 171–180, 182–183), including hire of passenger

12 motor vehicles; and for expenses necessary for the Labor13 Management Cooperation Act of 1978 (29 U.S.C. 175a);

14 and for expenses necessary for the Service to carry out

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

16 Public Law 95–454 (5 U.S.C. chapter 71), $31,078,000

17 $31,610,000.

18 FEDERAL MINE SAFETY AND HEALTH REVIEW

19 COMMISSION

20 SALARIES AND EXPENSES

21 For expenses necessary for the Federal Mine Safety

22 and Health Review Commission (30 U.S.C. 801 et seq.),

23 $6,200,000.
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1 NATIONAL COMMISSION ON LIBRARIES AND

2 INFORMATION SCIENCE

3 SALARIES AND EXPENSES

4 For necessary expenses for the National Commission

5 on Libraries and Information Science, established by the

6 Act of July 20, 1970 (Public Law 91–345, as amended

7 by Public Law 102–95), $901,000.

8 NATIONAL COUNCIL ON DISABILITY

9 SALARIES AND EXPENSES

10 For expenses necessary for the National Council on

11 Disability as authorized by title IV of the Rehabilitation

12 Act of 1973, as amended, $1,643,000 $1,843,000.

13 NATIONAL LABOR RELATIONS BOARD

14 SALARIES AND EXPENSES

15 For expenses necessary for the National Labor Rela16 tions Board to carry out the functions vested in it by the

17 Labor-Management Relations Act, 1947, as amended (29

18 U.S.C. 141–167), and other laws, $173,388,000

19 $176,047,000: Provided, That no part of this appropriation

20 shall be available to organize or assist in organizing agri21 cultural laborers or used in connection with investigations,

22 hearings, directives, or orders concerning bargaining units

23 composed of agricultural laborers as referred to in section

24 2(3) of the Act of July 5, 1935 (29 U.S.C. 152), and as

25 amended by the Labor-Management Relations Act, 1947,
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1 as amended, and as defined in section 3(f) of the Act of

2 June 25, 1938 (29 U.S.C. 203), and including in said defi3 nition employees engaged in the maintenance and oper4 ation of ditches, canals, reservoirs, and waterways when

5 maintained or operated on a mutual, nonprofit basis and

6 at least 95 per centum of the water stored or supplied

7 thereby is used for farming purposes.

8 NATIONAL MEDIATION BOARD

9 SALARIES AND EXPENSES

10 For expenses necessary to carry out the provisions

11 of the Railway Labor Act, as amended (45 U.S.C. 151–

12 188), including emergency boards appointed by the Presi13 dent, $8,119,000.

14 OCCUPATIONAL SAFETY AND HEALTH REVIEW

15 COMMISSION

16 SALARIES AND EXPENSES

17 For expenses necessary for the Occupational Safety

18 and Health Review Commission (29 U.S.C. 661),

19 $7,595,000.

20 PHYSICIAN PAYMENT REVIEW COMMISSION

21 SALARIES AND EXPENSES

22 For expenses necessary to carry out section 1845(a)

23 of the Social Security Act, $4,176,000 to be transferred

24 to this appropriation from the Federal Supplementary

25 Medical Insurance Trust Fund.
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1 PROSPECTIVE PAYMENT ASSESSMENT COMMISSION

2 SALARIES AND EXPENSES

3 For expenses necessary to carry out section 1886(e)

4 of the Social Security Act, $4,667,000 to be transferred

5 to this appropriation from the Federal Hospital Insurance

6 and the Federal Supplementary Medical Insurance Trust

7 Funds.

8 RAILROAD RETIREMENT BOARD

9 DUAL BENEFITS PAYMENTS ACCOUNT

10 For payment to the Dual Benefits Payments Ac11 count, authorized under section 15(d) of the Railroad Re12 tirement Act of 1974, $261,000,000, which shall include

13 amounts becoming available in fiscal year 1995 pursuant

14 to section 224(c)(1)(B) of Public Law 98–76; and in addi15 tion, an amount, not to exceed 2 percent of the amount

16 provided herein, shall be available proportional to the

17 amount by which the product of recipients and the average

18 benefit received exceeds $261,000,000: Provided, That the

19 total amount provided herein shall be credited in 12 ap20 proximately equal amounts on the first day of each month

21 in the fiscal year.

22 FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT

23 ACCOUNTS

24 For payment to the accounts established in the

25 Treasury for the payment of benefits under the Railroad

26 Retirement Act for interest earned on unnegotiated
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1 checks, $300,000, to remain available through September

2 30, 1996, which shall be the maximum amount available

3 for payment pursuant to section 417 of Public Law 98–

4 76.

5 LIMITATION ON ADMINISTRATION

6 For necessary expenses for the Railroad Retirement

7 Board, $73,881,000, to be derived from the railroad re8 tirement accounts: Provided, That $200,000 of the fore9 going amount shall be available only to the extent nec10 essary to process workloads not anticipated in the budget

11 estimates and after maximum absorption of the costs of

12 such workloads within the remainder of the existing limi13 tation has been achieved: Provided further, That notwith14 standing any other provision of law, no portion of this limi15 tation shall be available for payments of standard level user

16 charges pursuant to section 210(j) of the Federal Property

17 and Administrative Services Act of 1949, as amended (40

18 U.S.C. 490(j); 45 U.S.C. 231–231u).

19 LIMITATION ON RAILROAD UNEMPLOYMENT INSURANCE

20 ADMINISTRATION FUND

21 For further expenses necessary for the Railroad Re22 tirement Board, for administration of the Railroad Unem23 ployment Insurance Act, not less than $17,031,000 shall

24 be apportioned for fiscal year 1995 from moneys credited

25 to the railroad unemployment insurance administration

26 fund.
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1 SPECIAL MANAGEMENT IMPROVEMENT FUND

2 To effect management improvements, including the

3 reduction of backlogs, accuracy of taxation accounting,

4 and debt collection, $1,640,000, to be derived from the

5 railroad retirement accounts and railroad unemployment

6 insurance account: Provided, That these funds shall sup7 plement, not supplant, existing resources devoted to such

8 operations and improvements.

9 LIMITATION ON THE OFFICE OF INSPECTOR GENERAL

10 For expenses necessary for the Office of Inspector

11 General for audit, investigatory and review activities, as

12 authorized by the Inspector General Act of 1978, as

13 amended, not more than $6,682,000 $6,860,000, to be de14 rived from the railroad retirement accounts and railroad

15 unemployment insurance account.

16 UNITED STATES INSTITUTE OF PEACE

17 OPERATING EXPENSES

18 For necessary expenses of the United States Institute

19 of Peace as authorized in the United States Institute of

20 Peace Act, $10,912,000 $11,500,000.

21 TITLE V—GENERAL PROVISIONS

22 SEC. 501. No part of the funds appropriated under

23 this Act shall be used to provide a loan, guarantee of a

24 loan, a grant, the salary of or any remuneration whatever

25 to any individual applying for admission, attending, em26 ployed by, teaching at, or doing research at an institution
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1 of higher education who has engaged in conduct on or

2 after August 1, 1969, which involves the use of (or the

3 assistance to others in the use of) force or the threat of

4 force or the seizure of property under the control of an

5 institution of higher education, to require or prevent the

6 availability of certain curricula, or to prevent the faculty,

7 administrative officials, or students in such institution

8 from engaging in their duties or pursuing their studies

9 at such institution.

10 SEC. 502. The Secretaries of Labor, Health and

11 Human Services, and Education are authorized to transfer

12 unexpended balances of prior appropriations to accounts

13 corresponding to current appropriations provided in this

14 Act: Provided, That such transferred balances are used for

15 the same purpose, and for the same periods of time, for

16 which they were originally appropriated.

17 SEC. 503. No part of any appropriation contained in

18 this Act shall remain available for obligation beyond the

19 current fiscal year unless expressly so provided herein.

20 SEC. 504. (a) No part of any appropriation contained

21 in this Act shall be used, other than for normal and recog22 nized executive-legislative relationships, for publicity or

23 propaganda purposes, for the preparation, distribution, or

24 use of any kit, pamphlet, booklet, publication, radio, tele25 vision, or film presentation designed to support or defeat
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1 legislation pending before the Congress, except in presen2 tation to the Congress itself.

3 (b) No part of any appropriation contained in this

4 Act shall be used to pay the salary or expenses of any

5 grant or contract recipient, or agent acting for such recipi6 ent, related to any activity designed to influence legislation

7 or appropriations pending before the Congress.

8 SEC. 505. The Secretaries of Labor and Education

9 are each authorized to make available not to exceed

10 $15,000 from funds available for salaries and expenses

11 under titles I and III, respectively, for official reception

12 and representation expenses; the Director of the Federal

13 Mediation and Conciliation Service is authorized to make

14 available for official reception and representation expenses

15 not to exceed $2,500 from the funds available for ‘‘Sala16 ries and expenses, Federal Mediation and Conciliation

17 Service’’; and the Chairman of the National Mediation

18 Board is authorized to make available for official reception

19 and representation expenses not to exceed $2,500 from

20 funds available for ‘‘Salaries and expenses, National Medi21 ation Board’’.

22 SEC. 506. Notwithstanding any other provision of

23 this Act, no funds appropriated under this Act shall be

24 used to carry out any program of distributing sterile nee25 dles for the hypodermic injection of any illegal drug unless
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1 the Surgeon General of the United States determines that

2 such programs are effective in preventing the spread of

3 HIV and do not encourage the use of illegal drugs, except

4 that such funds may be used for such purposes in further5 ance of demonstrations or studies authorized in the

6 ADAMHA Reorganization Act (Public Law 102–321).

7 SEC. 507. (a) PURCHASE OF AMERICAN-MADE

8 EQUIPMENT AND PRODUCTS.—It is the sense of the Con9 gress that, to the greatest extent practicable, all equip10 ment and products purchased with funds made available

11 in this Act should be American-made.

12 (b) NOTICE REQUIREMENT.—In providing financial

13 assistance to, or entering into any contract with, any en14 tity using funds made available in this Act, the head of

15 each Federal agency, to the greatest extent practicable,

16 shall provide to such entity a notice describing the state17 ment made in subsection (a) by the Congress.

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

19 may be expended by an entity unless the entity agrees that

20 in expending the assistance the entity will comply with sec21 tions 2 through 4 of the Act of March 3, 1933 (41 U.S.C.

22 10a–10c, popularly known as the ‘‘Buy American Act’’).

23 SEC. 508. When issuing statements, press releases,

24 requests for proposals, bid solicitations and other docu25 ments describing projects or programs funded in whole or
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1 in part with Federal money, all grantees receiving Federal

2 funds, including but not limited to State and local govern3 ments and recipients of Federal research grants, shall

4 clearly state (1) the percentage of the total costs of the

5 program or project which will be financed with Federal

6 money, (2) the dollar amount of Federal funds for the

7 project or program, and (3) percentage and dollar amount

8 of the total costs of the project or program that will be

9 financed by nongovernmental sources.

10 SEC. 509. None of the funds appropriated under this

11 Act shall be expended for any abortion except when it is

12 made known to the Federal entity or official to which

13 funds are appropriated under this Act that such procedure

14 is necessary to save the life of the mother or that the preg15 nancy is the result of an act of rape or incest.

16 SEC. 510. No funds appropriated herein shall be used

17 to implement any regulation promulgated under section

18 481(b)(6) of the Higher Education Act of 1965, as

19 amended, prior to July 1, 1995.

20 SEC. 511. None of the funds appropriated or other21 wise made available under this Act may be obligated in

22 violation of existing Federal law or regulation already pro23 hibiting such benefit or assistance.

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

25 made available under this Act may be obligated in violation
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1 of existing Federal law or regulation already prohibiting

2 such benefit or assistance. None of the funds appropriated

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

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

5 on behalf of illegal aliens for Federal or federally assisted

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

7 and each other entity administering a program under

8 which verification of immigration status is required by sec9 tion 121 of the Immigration Reform and Control Act of

10 1986 shall participate in the system for the verification of

11 such status established by the Commissioner of the Immi12 gration and Naturalization pursuant to section 121(c) of

13 that Act, unless an alternative system is available and em14 ployed for such purposes which is found to meet the criteria

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

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

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

18 Lung Benefits Act shall continue to be based on the benefit

19 rates in effect in September, 1994 and be paid in accord20 ance with the Act, until exceeded by the benefit rate speci21 fied in section 412(a)(1) of the Act.

22 SEC. 513. No more than one percent of salaries appro23 priated for each Agency in this Act may be expended by

24 that Agency on cash performance awards.
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1 SEC. 514. Funds available for executive direction, ex2 cluding the Centers for Disease Control and Prevention, the

3 National Institutes of Health and the Social Security Ad4 ministration, shall not exceed the amounts set forth in the

5 budget estimates submitted to Congress for fiscal year 1995.

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

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

8 or modifications thereto to grantees or contractors deter9 mined by each Agency’s grant or contracting officer to have

10 previously included expressly unallowable costs in required

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

12 grant or contract includes a clause which—

13 (1) specifically states that the costs previously

14 determined to be unallowable will not again be re15 ported as allowable costs or claimed for reimburse16 ment, and

17 (2) requires the submission of a certification by

18 the grantee or contractor attesting to (1) above.

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

20 cost report or claim for reimbursement which includes a

21 cost that is expressly specified by regulation as being unal22 lowable and which was determined to have been disallowed

23 in a previous grant or contract with this grantee or contrac24 tor shall be subject to the provisions of 18 U.S.C. 287, 31

25 U.S.C. 3729, and/or 31 U.S.C. 3801.
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1 (c) The unallowability of a type of cost reported or

2 claimed for reimbursement may be evidenced by a prior

3 final determination by a grant or contracting officer of the

4 Agency disallowing such costs charged by that grantee or

5 contractor which determination is, where appropriate,

6 upheld by any adjudicatory body, such as an Administra7 tive Law Judge, Board of Contract Appeals, or other higher

8 level review provided by law or regulation.

9 This Act may be cited as the ‘‘Departments of Labor,

10 Health and Human Services, and Education, and Related

11 Agencies Appropriations Act, 1995’’.

Passed the House of Representatives June 29, 1994.

Attest: DONNALD K. ANDERSON,

Clerk.

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