IB

Union Calendar No. 108

104TH CONGRESS

1ST SESSION H. R. 2127

[Report No. 104–209]

Making appropriations for the Departments of Labor, Health and Human

Services, and Education, and related agencies, for the fiscal year ending

September 30, 1996, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JULY 27, 1995

Mr. PORTER, from the Committee on Appropriations, reported the following

bill; which was committed to the Committee of the Whole House on the

State of the Union and ordered to be printed

A BILL

Making appropriations for the Departments of Labor, Health

and Human Services, and Education, and related agencies, for the fiscal year ending September 30, 1996,

and for other purposes.

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

3 That the following sums are appropriated, out of any

4 money in the Treasury not otherwise appropriated, for the

5 Departments of Labor, Health and Human Services, and
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1 Education, and related agencies for the fiscal year ending

2 September 30, 1996, and for other purposes, namely:

3 TITLE I—DEPARTMENT OF LABOR

4 EMPLOYMENT AND TRAINING ADMINISTRATION

5 TRAINING AND EMPLOYMENT SERVICES

6 For expenses necessary to carry into effect the Job

7 Training Partnership Act, as amended, including the pur8 chase and hire of passenger motor vehicles, the construc9 tion, alteration, and repair of buildings and other facili10 ties, and the purchase of real property for training centers

11 as authorized by the Job Training Partnership Act; title

12 II of the Civil Rights Act of 1991; the Women in Appren13 ticeship and Nontraditional Occupations Act; National

14 Skill Standards Act of 1994; and the School-to-Work Op15 portunities Act; $3,180,441,000 plus reimbursements, of

16 which $2,936,154,000 is available for obligation for the

17 period July 1, 1996 through June 30, 1997; of which

18 $148,535,000 is available for the period July 1, 1996

19 through June 30, 1999 for necessary expenses of construc20 tion, rehabilitation, and acquisition of Job Corps centers;

21 and of which $95,000,000 shall be available from July 1,

22 1996 through September 30, 1997, for carrying out activi23 ties of the School-to-Work Opportunities Act: Provided,

24 That $50,000,000 shall be for carrying out section 401

25 of the Job Training Partnership Act, $65,000,000 shall
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1 be for carrying out section 402 of such Act, $7,300,000

2 shall be for carrying out section 441 of such Act,

3 $830,000,000 shall be for carrying out title II, part A of

4 such Act, and $126,672,000 shall be for carrying out title

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

6 from any other appropriation shall be used to provide meal

7 services at or for Job Corps centers.

8 COMMUNITY SERVICE EMPLOYMENT FOR OLDER

9 AMERICANS

10 To carry out title V of the Older Americans Act of

11 1965, as amended, $350,000,000.

12 FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES

13 For payments during the current fiscal year of trade

14 adjustment benefit payments and allowances under part

15 I, and for training, for allowances for job search and relo16 cation, and for related State administrative expenses

17 under part II, subchapters B and D, chapter 2, title II

18 of the Trade Act of 1974, as amended, $346,100,000, to19 gether with such amounts as may be necessary to be

20 charged to the subsequent appropriation for payments for

21 any period subsequent to September 15 of the current

22 year.
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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 section

16 221(a) of the Immigration Act of 1990, $125,328,000, to17 gether with not to exceed $3,109,368,000 (including not

18 to exceed $1,653,000 which may be used for amortization

19 payments to States which had independent retirement

20 plans in their State employment service agencies prior to

21 1980, and including not to exceed $2,000,000 which may

22 be obligated in contracts with non-State entities for activi23 ties such as occupational and test research activities which

24 benefit the Federal-State Employment Service System),

25 which may be expended from the Employment Security
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1 Administration account in the Unemployment Trust

2 Fund, and of which the sums available in the allocation

3 for activities authorized by title III of the Social Security

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

5 available in the allocation for necessary administrative ex6 penses for carrying out 5 U.S.C. 8501–8523, shall be

7 available for obligation by the States through December

8 31, 1996, except that funds used for automation acquisi9 tions shall be available for obligation by States through

10 September 30, 1998; and of which $125,328,000, together

11 with not to exceed $738,283,000 of the amount which may

12 be expended from said trust fund shall be available for

13 obligation for the period July 1, 1996, through June 30,

14 1997, to fund activities under the Act of June 6, 1933,

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

17 of which $218,297,000 shall be available only to the extent

18 necessary for additional State allocations to administer

19 unemployment compensation laws to finance increases in

20 the number of unemployment insurance claims filed and

21 claims paid or changes in a State law: Provided, That to

22 the extent that the Average Weekly Insured Unemploy23 ment (AWIU) for fiscal year 1996 is projected by the De24 partment of Labor to exceed 2.785 million, an additional

25 $28,600,000 shall be available for obligation for every
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1 100,000 increase in the AWIU level (including a pro rata

2 amount for any increment less than 100,000) from the

3 Employment Security Administration Account of the Un4 employment Trust Fund: Provided further, That funds ap5 propriated in this Act which are used to establish a na6 tional one-stop career center network may be obligated in

7 contracts, grants or agreements with non-State entities:

8 Provided further, That funds appropriated under this Act

9 for activities authorized under the Wagner-Peyser Act, as

10 amended, and title III of the Social Security Act, may be

11 used by the States to fund integrated Employment Service

12 and Unemployment Insurance automation efforts, not13 withstanding cost allocation principles prescribed under

14 Office of Management and Budget Circular A–87.

15 ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND

16 OTHER FUNDS

17 For repayable advances to the Unemployment Trust

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

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

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

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

22 for nonrepayable advances to the Unemployment Trust

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

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

25 and section 5 of Public Law 103–6, and to the ‘‘Federal
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1 unemployment benefits and allowances’’ account, to re2 main available until September 30, 1997, $369,000,000.

3 In addition, for making repayable advances to the

4 Black Lung Disability Trust Fund in the current fiscal

5 year after September 15, 1996, for costs incurred by the

6 Black Lung Disability Trust Fund in the current fiscal

7 year, such sums as may be necessary.

8 PROGRAM ADMINISTRATION

9 For expenses of administering employment and train10 ing programs and for carrying out section 908 of the So11 cial Security Act, $83,505,000, together with not to ex12 ceed $40,974,000, which may be expended from the Em13 ployment Security Administration account in the Unem14 ployment Trust Fund.

15 PENSION AND WELFARE BENEFITS ADMINISTRATION

16 SALARIES AND EXPENSES

17 For necessary expenses for Pension and Welfare Ben18 efits Administration, $64,113,000.

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

26 such contracts and commitments without regard to fiscal
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1 year limitations as provided by section 104 of the Govern2 ment Corporation Control Act, as amended (31 U.S.C.

3 9104), as may be necessary in carrying out the program

4 through September 30, 1996, for such Corporation: Pro5 vided, That not to exceed $10,603,000 shall be available

6 for administrative expenses of the Corporation: Provided

7 further, That expenses of such Corporation in connection

8 with the collection of premiums, the termination of pen9 sion plans, for the acquisition, protection or management,

10 and investment of trust assets, and for benefits adminis11 tration services shall be considered as non-administrative

12 expenses for the purposes hereof, and excluded from the

13 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, $246,967,000, together with

20 $978,000 which may be expended from the Special Fund

21 in accordance with sections 39(c) and 44(j) of the

22 Longshore and Harbor Workers’ Compensation Act: Pro23 vided, That the Secretary of Labor is authorized to accept,

24 retain, and spend, until expended, in the name of the De25 partment of Labor, all sums of money ordered to be paid
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1 to the Secretary of Labor, in accordance with the terms

2 of the Consent Judgment in Civil Action No. 91–0027 of

3 the United States District Court for the District of the

4 Northern Mariana Islands (May 21, 1992): Provided fur5 ther, That the Secretary of Labor is authorized to estab6 lish and, in accordance with 31 U.S.C. 3302, collect and

7 deposit in the Treasury fees for processing applications

8 and issuing certificates under sections 11(d) and 14 of the

9 Fair Labor Standards Act of 1938, as amended (29

10 U.S.C. 211(d) and 214) and for processing applications

11 and issuing registrations under Title I of the Migrant and

12 Seasonal Agricultural Worker Protection Act, 29 U.S.C.

13 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 re-
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1 quired by section 10(h) of the Longshore and Harbor

2 Workers’ Compensation Act, as amended, $218,000,000

3 together with such amounts as may be necessary to be

4 charged to the subsequent year appropriation for the pay5 ment of compensation and other benefits for any period

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

7 That such sums as are necessary may be used under sec8 tion 8104 of title 5, United States Code, by the Secretary

9 to reimburse an employer, who is not the employer at the

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

11 disabled beneficiary: Provided further, That balances of re12 imbursements unobligated on September 30, 1995, shall

13 remain available until expended for the payment of com14 pensation, benefits, and expenses: Provided further, That

15 in addition there shall be transferred to this appropriation

16 from the Postal Service and from any other corporation

17 or instrumentality required under section 8147(c) of title

18 5, United States Code, to pay an amount for its fair share

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

20 of Labor determines to be the cost of administration for

21 employees of such fair share entities through September

22 30, 1996: Provided further, That of those funds trans23 ferred to this account from the fair share entities to pay

24 the cost of administration, $11,383,000 shall be made

25 available to the Secretary of Labor for expenditures relat-
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1 ing to capital improvements in support of Federal Employ2 ees’ Compensation Act administration, and the balance of

3 such funds shall be paid into the Treasury as miscellane4 ous receipts: Provided further, That the Secretary may re5 quire that any person filing a notice of injury or a claim

6 for benefits under Subchapter 5, U.S.C., chapter 81, or

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

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

9 provide as part of such notice and claim, such identifying

10 information (including Social Security account number) as

11 such regulations may prescribe.

12 BLACK LUNG DISABILITY TRUST FUND

13 (INCLUDING TRANSFER OF FUNDS)

14 For payments from the Black Lung Disability Trust

15 Fund, $995,447,000, of which $949,494,000 shall be

16 available until September 30, 1997, 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 $26,045,000 shall

21 be available for transfer to Employment Standards Ad22 ministration, Salaries and Expenses, and $19,621,000 for

23 transfer to Departmental Management, Salaries and Ex24 penses, and $287,000 for transfer to Departmental Man25 agement, Office of Inspector General, for expenses of oper-
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1 ation and administration of the Black Lung Benefits pro2 gram as authorized by section 9501(d)(5)(A) of that Act:

3 Provided, That in addition, such amounts as may be nec4 essary may be charged to the subsequent year appropria5 tion for the payment of compensation, interest, or other

6 benefits for any period subsequent to August 15 of the

7 current year: Provided further, That in addition such

8 amounts shall be paid from this fund into miscellaneous

9 receipts as the Secretary of the Treasury determines to

10 be the administrative expenses of the Department of the

11 Treasury for administering the fund during the current

12 fiscal year, as authorized by section 9501(d)(5)(B) of that

13 Act.

14 OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION

15 SALARIES AND EXPENSES

16 For necessary expenses for the Occupational Safety

17 and Health Administration, $263,985,000 including not

18 to exceed $65,319,000 which shall be the maximum

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

20 of the Occupational Safety and Health Act, which grants

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

22 occupational safety and health programs required to be

23 incurred under plans approved by the Secretary under sec24 tion 18 of the Occupational Safety and Health Act of

25 1970; and, in addition, notwithstanding 31 U.S.C. 3302,
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1 the Occupational Safety and Health Administration may

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

3 course tuition fees, otherwise authorized by law to be col4 lected, and may utilize such sums for occupational safety

5 and health training and education grants: Provided, That

6 none of the funds appropriated under this paragraph shall

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

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

9 the Occupational Safety and Health Act of 1970 which

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

11 operation which does not maintain a temporary labor

12 camp and employs ten or fewer employees: Provided fur13 ther, That no funds appropriated under this paragraph

14 shall be obligated or expended to administer or enforce

15 any standard, rule, regulation, or order under the Occupa16 tional Safety and Health Act of 1970 with respect to any

17 employer of ten or fewer employees who is included within

18 a category having an occupational injury lost workday case

19 rate, at the most precise Standard Industrial Classifica20 tion Code for which such data are published, less than the

21 national average rate as such rates are most recently pub22 lished by the Secretary, acting through the Bureau of

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

24 (29 U.S.C. 673), except—
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1 (1) to provide, as authorized by such Act, con2 sultation, technical assistance, educational and train3 ing services, and to conduct surveys and studies;

4 (2) to conduct an inspection or investigation in

5 response to an employee complaint, to issue a cita6 tion for violations found during such inspection, and

7 to assess a penalty for violations which are not cor8 rected within a reasonable abatement period and for

9 any willful violations found;

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

11 with respect to imminent dangers;

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

13 with respect to health hazards;

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

15 with respect to a report of an employment accident

16 which is fatal to one or more employees or which re17 sults in hospitalization of two or more employees,

18 and to take any action pursuant to such investiga19 tion authorized by such Act; and

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

21 with respect to complaints of discrimination against

22 employees for exercising rights under such Act:

23 Provided further, That the foregoing proviso shall not

24 apply to any person who is engaged in a farming operation
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1 which does not maintain a temporary labor camp and em2 ploys ten or fewer employees.

3 MINE SAFETY AND HEALTH ADMINISTRATION

4 SALARIES AND EXPENSES

5 For necessary expenses for the Mine Safety and

6 Health Administration, $185,154,000, including purchase

7 and bestowal of certificates and trophies in connection

8 with mine rescue and first-aid work, and the hire of pas9 senger motor vehicles; the Secretary is authorized to ac10 cept lands, buildings, equipment, and other contributions

11 from public and private sources and to prosecute projects

12 in cooperation with other agencies, Federal, State, or pri13 vate; the Mine Safety and Health Administration is au14 thorized to promote health and safety education and train15 ing in the mining community through cooperative pro16 grams with States, industry, and safety associations; and

17 any funds available to the Department may be used, with

18 the approval of the Secretary, to provide for the costs of

19 mine rescue and survival operations in the event of a

20 major disaster: Provided, That none of the funds appro21 priated under this paragraph shall be obligated or ex22 pended to carry out section 115 of the Federal Mine Safe23 ty and Health Act of 1977 or to carry out that portion

24 of section 104(g)(1) of such Act relating to the enforce25 ment of any training requirements, with respect to shell
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1 dredging, or with respect to any sand, gravel, surface

2 stone, surface clay, colloidal phosphate, or surface lime3 stone mine.

4 BUREAU OF LABOR STATISTICS

5 SALARIES AND EXPENSES

6 For necessary expenses for the Bureau of Labor Sta7 tistics, including advances or reimbursements to State,

8 Federal, and local agencies and their employees for serv9 ices rendered, $296,993,000, of which $11,549,000 shall

10 be for expenses of revising the Consumer Price Index and

11 shall remain available until September 30, 1997, together

12 with not to exceed $50,220,000, which may be expended

13 from the Employment Security Administration account in

14 the Unemployment Trust Fund.

15 DEPARTMENTAL MANAGEMENT

16 SALARIES AND EXPENSES

17 For necessary expenses for Departmental Manage18 ment, including the hire of three sedans, and including

19 up to $4,056,000 for the President’s Committee on Em20 ployment of People With Disabilities, $130,220,000; to21 gether with not to exceed $303,000, which may be ex22 pended from the Employment Security Administration ac23 count in the Unemployment Trust Fund.

24 WORKING CAPITAL FUND

25 The language under this heading in Public Law 85–

26 67, as amended, is further amended by adding the follow-
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1 ing before the last period: ‘‘: Provided further, That within

2 the Working Capital Fund, there is established an Invest3 ment in Reinvention Fund (IRF), which shall be available

4 to invest in projects of the Department designed to

5 produce measurable improvements in agency efficiency

6 and significant taxpayer savings. Notwithstanding any

7 other provision of law, the Secretary of Labor may retain

8 up to $3,900,000 of the unobligated balances in the De9 partment’s annual Salaries and Expenses accounts as of

10 September 30, 1995, and transfer those amounts to the

11 IRF to provide the initial capital for the IRF, to remain

12 available until expended, to make loans to agencies of the

13 Department for projects designed to enhance productivity

14 and generate cost savings. Such loans shall be repaid to

15 the IRF no later than September 30 of the fiscal year

16 following the fiscal year in which the project is completed.

17 Such repayments shall be deposited in the IRF, to be

18 available without further appropriation action.’’

19 ASSISTANT SECRETARY FOR VETERANS EMPLOYMENT

20 AND TRAINING

21 Not to exceed $175,883,000 may be derived from the

22 Employment Security Administration account in the Un23 employment Trust Fund to carry out the provisions of 38

24 U.S.C. 4100–4110A and 4321–4327, and Public Law
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1 103–353, and which shall be available for obligation by

2 the States through December 31, 1996.

3 OFFICE OF INSPECTOR GENERAL

4 For salaries and expenses of the Office of Inspector

5 General in carrying out the provisions of the Inspector

6 General Act of 1978, as amended, $44,426,000, together

7 with not to exceed $3,615,000, which may be expended

8 from the Employment Security Administration account in

9 the Unemployment Trust Fund.

10 GENERAL PROVISIONS

11 SEC. 101. None of the funds appropriated in this title

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

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

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

15 SEC. 102. Section 427(c) of the Job Training Part16 nership Act, as amended, is repealed.

17 SEC. 103. No amount of funds appropriated in this

18 Act for fiscal year 1996 may be used to implement, admin19 ister, or enforce any executive order, or other rule or

20 order, that prohibits Federal contracts with, or requires

21 the debarment of, or imposes other sanction on, a contrac22 tor on the basis that such contractor or organizational

23 unit thereof has permanently replaced lawfully striking

24 workers.
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1 SEC. 104. None of the funds made available in this

2 Act to the Department of Labor or the Pension Benefit

3 Guaranty Corporation may be used—

4 (1) to implement or administer Interpretive

5 Bulletin 94–1, issued by the Secretary of Labor on

6 June 23, 1994 (59 Fed. Reg. 32606; 29 C.F.R.

7 2509.94–1),

8 (2) to establish or maintain, or to contract with

9 (or otherwise provide assistance to) any other party

10 to establish or maintain, any clearinghouse,

11 database, or other listing which—

12 (A) makes available to employee benefit

13 plans (as defined in section 3(3) of the Em14 ployee Retirement Income Security Act of

15 1974) information relating to the status of in16 vestments as economically targeted investments

17 referred to in such Interpretive Bulletin,

18 (B) provides assistance to employee benefit

19 plans (as so defined) or any other party to de20 velop or evaluate investments as economically

21 targeted investments referred to in such Inter22 pretive Bulletin, or

23 (C) identifies investments with respect to

24 which the Department or the Corporation will

25 withhold from undertaking enforcement actions
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1 under such Act by reason of their status as eco2 nomically targeted investments referred to in

3 such Interpretive Bulletin,

4 (3) to administer or otherwise carry out the

5 contract entered into by the Department of Labor

6 designated ‘‘Contract No. J–9–P–4–0060’’ or any

7 other similar contract entered into by the Depart8 ment or the Corporation (except to the extent re9 quired by applicable law to provide for the imme10 diate termination of such contract), or

11 (4) to promote economically targeted invest12 ments referred to in such Interpretive Bulletin, ei13 ther by direct means, such as lecture or travel, or

14 by indirect means.

15 SEC. 105. None of the funds made available in this

16 Act may be used by the Occupational Safety and Health

17 Administration directly or through section 23(g) of the

18 Occupational Safety and Health Act for the development,

19 promulgation or issuance of any proposed or final stand20 ard or guideline regarding ergonomic protection or record21 ing and reporting occupational injuries and illnesses di22 rectly related thereto.

23 SEC. 106. Notwithstanding any other provision of

24 law, no funds shall be expended by the Occupational Safe25 ty and Health Administration for the enforcement of the
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1 Fall Protection Standard published at subpart M of 29

2 CFR part 1926, until 30 days after a new standard has

3 been promulgated by the Secretary of Labor (‘‘the Sec4 retary’’).

5 The Secretary shall develop this standard no later

6 than 180 days after the enactment of this Act. Until the

7 publishing of the revised final rule, the Occupational Safe8 ty and Health Administration may only expend funds des9 ignated for the enforcement of an interim fall protection

10 standard which adjusts all height requirements referenced

11 at subpart M of 29 CFR part 1926 from 6 feet to 16

12 feet.

13 SEC. 107. None of the funds appropriated in this Act

14 may be obligated or expended by the Department of Labor

15 for the purposes of enforcement and the issuance of fines

16 under Hazardous Occupation Order Number 12 (HO 12)

17 with respect to the placement or loading of materials by

18 a person under 18 years of age into a cardboard baler

19 that is in compliance with the American National Stand20 ards Institute safety standard ANSI Z245.5 1990, and a

21 compactor that is in compliance with the American Na22 tional Standards Institute safety standard ANSI Z245.2

23 1992.

24 SEC. 108. None of the funds appropriated in this Act

25 may be obligated or expended by the Department of Labor
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1 for the purposes of enforcement and the issuance of fines

2 under Hazardous Occupation Order Number 2 (HO 2)

3 with respect to incidental and occasional driving by minors

4 under age 18, unless the Secretary finds that the oper5 ation of a motor vehicle is the primary duty of the minor’s

6 employment.

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

8 Appropriations Act, 1996’’.

9 TITLE II—DEPARTMENT OF HEALTH AND

10 HUMAN SERVICES

11 HEALTH RESOURCES AND SERVICES ADMINISTRATION

12 HEALTH RESOURCES AND SERVICES

13 For carrying out titles II, III, VII, VIII, XIX, and

14 XXVI of the Public Health Service Act, title V of the So15 cial Security Act, and the Health Care Quality Improve16 ment Act of 1986, as amended, $2,927,122,000, of which

17 $411,000 shall remain available until expended for inter18 est subsidies on loan guarantees made prior to fiscal year

19 1981 under part B of title VII of the Public Health Serv20 ice Act: Provided, That the Division of Federal Occupa21 tional Health may utilize personal services contracting to

22 employ professional management/administrative, and oc23 cupational health professionals: Provided further, That of

24 the funds made available under this heading, $933,000

25 shall be available until expended for facilities renovations
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1 at the Gillis W. Long Hansen’s Disease Center: Provided

2 further, That in addition to fees authorized by section

3 427(b) of the Health Care Quality Improvement Act of

4 1986, fees shall be collected for the full disclosure of infor5 mation under the Act sufficient to recover the full costs

6 of operating the National Practitioner Data Bank, and

7 shall remain available until expended to carry out that

8 Act.

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, $8,000,000, 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 fur-
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1 ther, That these funds are available to subsidize gross obli2 gations for the total loan principal any part of which is

3 to be guaranteed at not to exceed $210,000,000. In addi4 tion, for administrative expenses to carry out the guaran5 teed loan program, $2,703,000.

6 VACCINE INJURY COMPENSATION PROGRAM TRUST FUND

7 For payments from the Vaccine Injury Compensation

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

9 claims associated with vaccine-related injury or death with

10 respect to vaccines administered after September 30,

11 1988, pursuant to subtitle 2 of title XXI of the Public

12 Health Service Act, to remain available until expended:

13 Provided, That for necessary administrative expenses, not

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

15 Fund to the Secretary of Health and Human Services.

16 VACCINE INJURY COMPENSATION

17 For payment of claims resolved by the United States

18 Court of Federal Claims related to the administration of

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

20 available until expended.

21 CENTERS FOR DISEASE CONTROL AND PREVENTION

22 DISEASE CONTROL, RESEARCH, AND TRAINING

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

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

25 103, 201, 202, and 203 of the Federal Mine Safety and
25

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1 Health Act of 1977, and sections 20 and 22 of the Occu2 pational Safety and Health Act of 1970; including insur3 ance of official motor vehicles in foreign countries; and

4 hire, maintenance, and operation of aircraft,

5 $2,085,831,000, of which $4,353,000 shall remain avail6 able until expended for equipment and construction and

7 renovation of facilities, and in addition, such sums as may

8 be derived from authorized user fees, which shall be cred9 ited to this account: Provided, That in addition to amounts

10 provided herein, up to $27,862,000 shall be available from

11 amounts available under section 241 of the Public Health

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

13 Statistics surveys.

14 In addition, $39,100,000, to be derived from the Vio15 lent Crime Reduction Trust Fund, for carrying out sec16 tions 40151, 40261, and 40293 of Public Law 103–322.

17 NATIONAL INSTITUTES OF HEALTH

18 NATIONAL CANCER INSTITUTE

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

21 $2,251,084,000.

22 NATIONAL HEART, LUNG, AND BLOOD INSTITUTE

23 For carrying out section 301 and title IV of the Pub24 lic Health Service Act with respect to cardiovascular, lung,
26

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1 and blood diseases, and blood and blood products,

2 $1,355,866,000.

3 NATIONAL INSTITUTE OF DENTAL RESEARCH

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

6 $183,196,000.

7 NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND

8 KIDNEY DISEASES

9 For carrying out section 301 and title IV of the Pub10 lic Health Service Act with respect to diabetes and diges11 tive and kidney diseases, $771,252,000.

12 NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS

13 AND STROKE

14 For carrying out section 301 and title IV of the Pub15 lic Health Service Act with respect to neurological dis16 orders and stroke, $681,534,000.

17 NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS

18 DISEASES

19 For carrying out section 301 and title IV of the Pub20 lic Health Service Act with respect to allergy and infec21 tious diseases, $1,169,628,000.

22 NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES

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

25 sciences, $946,971,000.
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1 NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN

2 DEVELOPMENT

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

5 human development, $595,162,000.

6 NATIONAL EYE INSTITUTE

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

9 visual disorders, $314,185,000.

10 NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH

11 SCIENCES

12 For carrying out sections 301 and 311 and title IV

13 of the Public Health Service Act with respect to environ14 mental health sciences, $288,898,000.

15 NATIONAL INSTITUTE ON AGING

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

18 $453,917,000.

19 NATIONAL INSTITUTE OF ARTHRITIS AND

20 MUSCULOSKELETAL AND SKIN DISEASES

21 For carrying out section 301 and title IV of the Pub22 lic Health Service Act with respect to arthritis, and mus23 culoskeletal and skin diseases, $241,828,000.
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1 NATIONAL INSTITUTE ON DEAFNESS AND OTHER

2 COMMUNICATION DISORDERS

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

5 communication disorders, $176,502,000.

6 NATIONAL INSTITUTE OF NURSING RESEARCH

7 For carrying out section 301 and title IV of the Pub8 lic Health Service Act with respect to nursing research,

9 $55,831,000.

10 NATIONAL INSTITUTE ON ALCOHOL ABUSE AND

11 ALCOHOLISM

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

14 alcoholism, $198,607,000.

15 NATIONAL INSTITUTE ON DRUG ABUSE

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

18 $458,441,000.

19 NATIONAL INSTITUTE OF MENTAL HEALTH

20 For carrying out section 301 and title IV of the Pub21 lic Health Service Act with respect to mental health,

22 $661,328,000.

23 NATIONAL CENTER FOR RESEARCH RESOURCES

24 For carrying out section 301 and title IV of the Pub25 lic Health Service Act with respect to research resources
29

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1 and general research support grants, $390,339,000: Pro2 vided, That none of these funds shall be used to pay recipi3 ents of the general research support grants program any

4 amount for indirect expenses in connection with such

5 grants.

6 NATIONAL CENTER FOR HUMAN GENOME RESEARCH

7 For carrying out section 301 and title IV of the Pub8 lic Health Service Act with respect to human genome re9 search, $170,041,000.

10 JOHN E. FOGARTY INTERNATIONAL CENTER

11 For carrying out the activities at the John E.

12 Fogarty International Center, $25,313,000.

13 NATIONAL LIBRARY OF MEDICINE

14 For carrying out section 301 and title IV of the Pub15 lic Health Service Act with respect to health information

16 communications, $141,439,000, of which $4,000,000 shall

17 be available until expended for improvement of informa18 tion systems: Provided, That in fiscal year 1996, the Li19 brary may enter into personal services contracts for the

20 provision of services in facilities owned, operated, or con21 structed under the jurisdiction of the National Institutes

22 of Health.
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1 OFFICE OF THE DIRECTOR

2 (INCLUDING TRANSFER OF FUNDS)

3 For carrying out the responsibilities of the Office of

4 the Director, National Institutes of Health, $261,488,000:

5 Provided, That funding shall be available for the purchase

6 of not to exceed five passenger motor vehicles for replace7 ment only: Provided further, That the Director may direct

8 up to 1 percent of the total amount made available in this

9 Act to all National Institutes of Health appropriations to

10 activities the Director may so designate: Provided further,

11 That no such appropriation shall be increased or de12 creased by more than 1 percent by any such transfers and

13 that the Congress is promptly notified of the transfer.

14 BUILDINGS AND FACILITIES

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

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

18 $146,151,000, to remain available until expended.

19 SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

20 ADMINISTRATION

21 SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

22 For carrying out titles V and XIX of the Public

23 Health Service Act with respect to substance abuse and

24 mental health services, the Protection and Advocacy for

25 Mentally Ill Individuals Act of 1986, and section 301 of
31

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1 the Public Health Service Act with respect to program

2 management, $1,788,946,000.

3 RETIREMENT PAY AND MEDICAL BENEFITS FOR

4 COMMISSIONED OFFICERS

5 For retirement pay and medical benefits of Public

6 Health Service Commissioned Officers as authorized by

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

8 Family Protection Plan and Survivor Benefit Plan and for

9 medical care of dependents and retired personnel under

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

11 for payments pursuant to section 229(b) of the Social Se12 curity Act (42 U.S.C. 429(b)), such amounts as may be

13 required during the current fiscal year.

14 AGENCY FOR HEALTH CARE POLICY AND RESEARCH

15 HEALTH CARE POLICY AND RESEARCH

16 For carrying out titles III and IX of the Public

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

18 Security Act, $85,423,000, together with not to exceed

19 $5,796,000 to be transferred from the Federal Hospital

20 Insurance and the Federal Supplementary Medical Insur21 ance Trust Funds, as authorized by sections 1142 and

22 201(g) of the Social Security Act; in addition, amounts

23 received from Freedom of Information Act fees, reimburs24 able and interagency agreements, and the sale of data

25 tapes shall be credited to this appropriation and shall re-
32

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1 main available until expended: Provided, That the amount

2 made available pursuant to section 926(b) of the Public

3 Health Service Act shall not exceed $34,284,000.

4 HEALTH CARE FINANCING ADMINISTRATION

5 GRANTS TO STATES FOR MEDICAID

6 For carrying out, except as otherwise provided, titles

7 XI and XIX of the Social Security Act, $55,094,355,000,

8 to remain available until expended.

9 For making, after May 31, 1996, payments to States

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

11 quarter of fiscal year 1996 for unanticipated costs, in12 curred for the current fiscal year, such sums as may be

13 necessary.

14 For making payments to States under title XIX of

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

16 1997, $26,155,350,000, to remain available until ex17 pended.

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

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

21 quarter and approved in that or any subsequent quarter.

22 PAYMENTS TO HEALTH CARE TRUST FUNDS

23 For payment to the Federal Hospital Insurance and

24 the Federal Supplementary Medical Insurance Trust

25 Funds, as provided under sections 217(g) and 1844 of the
33

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1 Social Security Act, sections 103(c) and 111(d) of the So2 cial Security Amendments of 1965, section 278(d) of Pub3 lic Law 97–248, and for administrative expenses incurred

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

5 $63,313,000,000.

6 PROGRAM MANAGEMENT

7 For carrying out, except as otherwise provided, titles

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

9 XIII of the Public Health Service Act, the Clinical Labora10 tory Improvement Amendments of 1988, and section

11 4005(e) of Public Law 100–203, not to exceed

12 $2,136,824,000, together with all funds collected in ac13 cordance with section 353 of the Public Health Service

14 Act, the latter funds to remain available until expended;

15 the $2,136,824,000, to be transferred to this appropria16 tion as authorized by section 201(g) of the Social Security

17 Act, from the Federal Hospital Insurance and the Federal

18 Supplementary Medical Insurance Trust Funds: Provided,

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

20 from organizations established under title XIII of the Pub21 lic Health Service Act are to be credited to this appropria22 tion.
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1 HEALTH MAINTENANCE ORGANIZATION LOAN AND LOAN

2 GUARANTEE FUND

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

4 1308 of the Public Health Service Act, any amounts re5 ceived by the Secretary in connection with loans and loan

6 guarantees under title XIII of the Public Health Service

7 Act, to be available without fiscal year limitation for the

8 payment of outstanding obligations. During fiscal year

9 1996, no commitments for direct loans or loan guarantees

10 shall be made.

11 ADMINISTRATION FOR CHILDREN AND FAMILIES

12 FAMILY SUPPORT PAYMENTS TO STATES

13 For making payments to States or other non-Federal

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

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

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

17 1960 (24 U.S.C. ch. 9), $13,614,307,000, to remain avail18 able until expended.

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

20 payments to States or other non-Federal entities under

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

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

23 for unanticipated costs, incurred for the current fiscal

24 year, such sums as may be necessary.
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1 For making payments to States or other non-Federal

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

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

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

5 first quarter of fiscal year 1997, $4,800,000,000, to re6 main available until expended.

7 JOB OPPORTUNITIES AND BASIC SKILLS

8 For carrying out aid to families with dependent chil9 dren work programs, as authorized by part F of title IV

10 of the Social Security Act, $1,000,000,000.

11 LOW INCOME HOME ENERGY ASSISTANCE

12 (RESCISSION)

13 Of the funds made available beginning on October 1,

14 1995 under this heading in Public Law 103–333,

15 $1,000,000,000 are hereby rescinded.

16 REFUGEE AND ENTRANT ASSISTANCE

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

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

21 $411,781,000: Provided, That funds appropriated pursu22 ant to section 414(a) of the Immigration and Nationality

23 Act under Public Law 103–112 for fiscal year 1994 shall

24 be available for the costs of assistance provided and other
36

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1 activities conducted in such year and in fiscal years 1995

2 and 1996.

3 CHILD CARE AND DEVELOPMENT BLOCK GRANT

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

5 Omnibus Budget Reconciliation Act of 1981 (The Child

6 Care and Development Block Grant Act of 1990),

7 $934,642,000, which shall be available for obligation

8 under the same statutory terms and conditions applicable

9 in the prior fiscal year.

10 SOCIAL SERVICES BLOCK GRANT

11 For making grants to States pursuant to section

12 2002 of the Social Security Act, $2,800,000,000.

13 CHILDREN AND FAMILIES SERVICES PROGRAMS

14 For carrying out, except as otherwise provided, the

15 Runaway and Homeless Youth Act, the Developmental

16 Disabilities Assistance and Bill of Rights Act, the Head

17 Start Act, the Child Abuse Prevention and Treatment Act,

18 the Family Violence Prevention and Services Act, the Na19 tive American Programs Act of 1974, title II of Public

20 Law 95–266 (adoption opportunities), the Temporary

21 Child Care for Children with Disabilities and Crisis Nurs22 eries Act of 1986, the Abandoned Infants Assistance Act

23 of 1988, and part B(1) of title IV of the Social Security

24 Act; for making payments under the Community Services

25 Block Grant Act; and for necessary administrative ex-
37

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1 penses to carry out said Acts and titles I, IV, X, XI, XIV,

2 XVI, and XX of the Social Security Act, the Act of July

3 5, 1960 (24 U.S.C. ch. 9), the Omnibus Budget Reconcili4 ation Act of 1981, title IV of the Immigration and Nation5 ality Act, section 501 of the Refugee Education Assistance

6 Act of 1980, and section 126 and titles IV and V of Public

7 Law 100–485, $4,543,343,000.

8 In addition, $800,000, to be derived from the Violent

9 Crime Reduction Trust Fund, for carrying out sections

10 40211 and 40251 of Public Law 103–322.

11 FAMILY PRESERVATION AND SUPPORT

12 For carrying out section 430 of the Social Security

13 Act, $225,000,000.

14 PAYMENTS TO STATES FOR FOSTER CARE AND ADOPTION

15 ASSISTANCE

16 For making payments to States or other non-Federal

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

18 $4,307,842,000.

19 ADMINISTRATION ON AGING

20 AGING SERVICES PROGRAMS

21 For carrying out, to the extent not otherwise pro22 vided, the Older Americans Act of 1965, as amended,

23 $778,246,000.
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1 OFFICE OF THE SECRETARY

2 GENERAL DEPARTMENTAL MANAGEMENT

3 For necessary expenses, not otherwise provided, for

4 general departmental management, including hire of six

5 medium sedans, and for carrying out titles III and XX

6 of the Public Health Service Act, $116,826,000, together

7 with $6,813,000, to be transferred and expended as au8 thorized by section 201(g)(1) of the Social Security Act

9 from the Hospital Insurance Trust Fund and the Supple10 mental Medical Insurance Trust Fund.

11 OFFICE OF INSPECTOR GENERAL

12 For expenses necessary for the Office of Inspector

13 General in carrying out the provisions of the Inspector

14 General Act of 1978, as amended, $56,333,000, together

15 with not to exceed $17,623,000, to be transferred and ex16 pended as authorized by section 201(g)(1) of the Social

17 Security Act from the Hospital Insurance Trust Fund and

18 the Supplemental Medical Insurance Trust Fund.

19 OFFICE FOR CIVIL RIGHTS

20 For expenses necessary for the Office for Civil

21 Rights, $10,249,000, together with not to exceed

22 $3,251,000, to be transferred and expended as authorized

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

24 Hospital Insurance Trust Fund and the Supplemental

25 Medical Insurance Trust Fund.
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1 POLICY RESEARCH

2 For carrying out, to the extent not otherwise pro3 vided, research studies under section 1110 of the Social

4 Security Act, $9,000,000.

5 GENERAL PROVISIONS

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

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

8 and representation expenses when specifically approved by

9 the Secretary.

10 SEC. 202. The Secretary shall make available through

11 assignment not more than 60 employees of the Public

12 Health Service to assist in child survival activities and to

13 work in AIDS programs through and with funds provided

14 by the Agency for International Development, the United

15 Nations International Children’s Emergency Fund or the

16 World Health Organization.

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

18 Act may be used to implement section 399L(b) of the Pub19 lic Health Service Act or section 1503 of the National In20 stitutes of Health Revitalization Act of 1993, Public Law

21 103–43.

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

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

24 the Child Abuse Prevention and Treatment Act by reason

25 of a determination that the State is not in compliance with
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1 section 1340.2(d)(2)(ii) of title 45 of the Code of Federal

2 Regulations. This provision expires upon the date of enact3 ment of the reauthorization of the Child Abuse Prevention

4 and Treatment Act or upon September 30, 1996, which5 ever occurs first.

6 SEC. 205. None of the funds appropriated in this title

7 for the National Institutes of Health and the Substance

8 Abuse and Mental Health Services Administration shall

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

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

11 $125,000 per year.

12 SEC. 206. Taps and other assessments made by any

13 office located in the Department of Health and Human

14 Services shall be treated as a reprogramming of funds ex15 cept that this provision shall not apply to assessments re16 quired by authorizing legislation, or related to working

17 capital funds or other fee-for-service activities.

18 (TRANSFER OF FUNDS)

19 SEC. 207. Of the funds appropriated or otherwise

20 made available for the Department of Health and Human

21 Services, General Departmental Management, for fiscal

22 year 1996, the Secretary of Health and Human Services

23 shall transfer to the Office of the Inspector General such

24 sums as may be necessary for any expenses with respect

25 to the provision of security protection for the Secretary

26 of Health and Human Services.
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1 SEC. 208. None of the funds appropriated in this Act

2 may be obligated or expended for the Federal Council on

3 Aging under the Older Americans Act or the Advisory

4 Board on Child Abuse and Neglect under the Child Abuse

5 Prevention and Treatment Act.

6 SEC. 209. None of the funds appropriated in this or

7 any other Act may be obligated or expended for the posi8 tion of Surgeon General of the Public Health Service.

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

10 and Human Services Appropriations Act, 1996’’.

11 TITLE III—DEPARTMENT OF EDUCATION

12 EDUCATION REFORM

13 For carrying out activities authorized by titles II and

14 III of the School-to-Work Opportunities Act, $95,000,000,

15 which shall become available on July 1, 1996, and remain

16 available through September 30, 1997.

17 EDUCATION FOR THE DISADVANTAGED

18 For carrying out title I of the Elementary and Sec19 ondary Education Act of 1965, $6,014,499,000, which

20 shall become available on July 1, 1996 and shall remain

21 available through September 30, 1997: Provided, That up

22 to $3,500,000 of these funds shall be available to the Sec23 retary on October 1, 1995 to obtain updated local-edu24 cational-agency-level census poverty data from the Bureau
42

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1 of the Census: Provided further, That no funds shall be

2 reserved under section 1003(a) of said Act.

3 IMPACT AID

4 For carrying out programs of financial assistance to

5 federally affected schools authorized by title VIII of the

6 Elementary and Secondary Education Act of 1965,

7 $645,000,000, of which $550,000,000 shall be for basic

8 support payments under section 8003(b), $40,000,000

9 shall be for payments for children with disabilities under

10 section 8003(d), $50,000,000, to remain available until

11 expended, shall be for payments under section 8003(f),

12 and $5,000,000 shall be for construction under section

13 8007: Provided, That notwithstanding the provisions of

14 section 8003(a)(2), children described in section

15 8003(a)(1)(D) shall have a weight of zero for the purpose

16 of computing basic support payments under section

17 8003(b) and construction payments under section 8007:

18 Provided further, That no payments shall be made under

19 section 8003(d) or 8003(g) for children described in sec20 tion 8003(a)(1)(D): Provided further, That none of the

21 funds provided shall be used for payments under section

22 8003(e).

23 SCHOOL IMPROVEMENT PROGRAMS

24 For carrying out school improvement activities au25 thorized by titles II, IV–A–1, V–A, VI, and X of the Ele-
43

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1 mentary and Secondary Education Act of 1965 and the

2 Stewart B. McKinney Homeless Assistance Act;

3 $842,000,000, of which $723,000,000 shall become avail4 able on July 1, 1996, and remain available through Sep5 tember 30, 1997.

6 BILINGUAL AND IMMIGRANT EDUCATION

7 For carrying out, to the extent not otherwise pro8 vided, bilingual and immigrant education activities author9 ized by title VII of the Elementary and Secondary Edu10 cation Act, $103,000,000: Provided, That State edu11 cational agencies may use all, or any part of, their part

12 C allocation for competitive grants to local educational

13 agencies: Provided further, That the Department of Edu14 cation should only support instructional programs which

15 ensure that students completely master English in a time16 ly fashion (a period of three to five years) while meeting

17 rigorous achievement standards in the academic content

18 areas: Provided further, That no funds shall be available

19 for subpart 3 of part A.

20 SPECIAL EDUCATION

21 For carrying out parts B, C, D, F, and H of the Indi22 viduals with Disabilities Education Act, $3,092,491,000,

23 of which $3,000,000,000 shall become available for obliga24 tion on July 1, 1996, and shall remain available through

25 September 30, 1997.
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1 REHABILITATION SERVICES AND DISABILITY RESEARCH

2 For carrying out, to the extent not otherwise pro3 vided, the Rehabilitation Act of 1973, the Technology-Re4 lated Assistance for Individuals with Disabilities Act, and

5 the Helen Keller National Center Act, as amended,

6 $2,455,760,000.

7 SPECIAL INSTITUTIONS FOR PERSONS WITH

8 DISABILITIES

9 AMERICAN PRINTING HOUSE FOR THE BLIND

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

11 amended (20 U.S.C. 101 et seq.), $4,000,000.

12 NATIONAL TECHNICAL INSTITUTE FOR THE DEAF

13 For the National Technical Institute for the Deaf

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

15 of 1986 (20 U.S.C. 4301 et seq.), $39,737,000: Provided,

16 That from the amount available, the Institute may at its

17 discretion use funds for the endowment program as au18 thorized under section 207.

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.), $72,028,000: Provided, That from the amount

25 available, the University may at its discretion use funds
45

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1 for the endowment program as authorized under section

2 207.

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, and the

7 National Literacy Act of 1991, $1,057,919,000, of which

8 $1,055,000,000 shall become available on July 1, 1996

9 and shall remain available through September 30, 1997:

10 Provided, That of the amounts made available under the

11 Carl D. Perkins Vocational and Applied Technology Edu12 cation Act, $1,000,000 shall be for national programs

13 under title IV without regard to section 451.

14 STUDENT FINANCIAL ASSISTANCE

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

16 C, and part E of title IV of the Higher Education Act

17 of 1965, as amended, $6,916,915,000, which shall remain

18 available through September 30, 1997.

19 The maximum Pell Grant for which a student shall

20 be eligible during award year 1996–1997 shall be $2,440:

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

22 as amended, if the Secretary determines, prior to publica23 tion of the payment schedule for award year 1996–1997,

24 that the $5,697,000,000 included within this appropria25 tion for Pell Grant awards for award year 1996–1997, and
46

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1 any funds available from the fiscal year 1995 appropria2 tion for Pell Grant awards, are insufficient to satisfy fully

3 all such awards for which students are eligible, as cal4 culated under section 401(b) of the Act, the amount paid

5 for each such award shall be reduced by either a fixed

6 or variable percentage, or by a fixed dollar amount, as de7 termined in accordance with a schedule of reductions es8 tablished by the Secretary for this purpose: Provided fur9 ther, That no Pell grant shall be awarded to any student

10 during award year 1996–1997 if the amount of that grant

11 as determined under section 401(b) of the Act is less than

12 $600.

13 FEDERAL FAMILY EDUCATION LOAN PROGRAM ACCOUNT

14 For Federal administrative expenses to carry out

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

16 of the Higher Education Act, as amended, $30,066,000.

17 HIGHER EDUCATION

18 For carrying out, to the extent not otherwise pro19 vided, parts A and B of title III, without regard to section

20 360(a)(1)(B)(ii), chapter 1 of subpart 2 of part A of title

21 IV, subpart 2 of part E of title V, parts A and B of title

22 VI, title VII, part D of title IX, and part A and subpart

23 1 of part B of title X of the Higher Education Act of

24 1965, as amended, and the Mutual Educational and Cul25 tural Exchange Act of 1961; $757,700,000, of which
47

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1 $16,712,000 for interest subsidies under title VII of the

2 Higher Education Act, as amended, shall remain available

3 until expended.

4 HOWARD UNIVERSITY

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

6 121 et seq.), $170,366,000.

7 HIGHER EDUCATION FACILITIES LOANS

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

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

15 year.

16 COLLEGE HOUSING AND ACADEMIC FACILITIES LOANS

17 PROGRAM

18 For administrative expenses to carry out the existing

19 direct loan program of college housing and academic facili20 ties loans entered into pursuant to title VII, part C, of

21 the Higher Education Act, as amended, $700,000.

22 COLLEGE HOUSING LOANS

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

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

25 housing loans program, previously carried out under title
48

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

2 expenditures and enter into contracts without regard to

3 fiscal year limitation using loan repayments and other re4 sources available to this account. Any unobligated bal5 ances becoming available from fixed fees paid into this ac6 count pursuant to 12 U.S.C. 1749d, relating to payment

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

8 for the operating expenses of this account.

9 HISTORICALLY BLACK COLLEGE AND UNIVERSITY

10 CAPITAL FINANCING, PROGRAM ACCOUNT

11 The total amount of bonds insured pursuant to sec12 tion 724 of title VII, part B of the Higher Education Act

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

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

15 of such bonds shall not exceed zero.

16 For administrative expenses to carry out the Histori17 cally Black College and University Capital Financing Pro18 gram entered into pursuant to title VII, part B of the

19 Higher Education Act, as amended, $166,000.

20 EDUCATION RESEARCH, STATISTICS, AND IMPROVEMENT

21 For carrying out activities authorized by the Edu22 cational Research, Development, Dissemination, and Im23 provement Act; the National Education Statistics Act;

24 part A of title III, parts A and B and section 10601 of

25 title X of the Elementary and Secondary Education Act
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1 of 1965, as amended, $255,107,000: Provided, That

2 $3,000,000 shall be for section 10601 of the Elementary

3 and Secondary Education Act: Provided further, That

4 $25,000,000 shall be for section 3136 of the Elementary

5 and Secondary Education Act (K–12 technology learning

6 challenge): Provided further, That none of the funds ap7 propriated in this paragraph may be obligated or expended

8 for the Goals 2000 Community Partnerships Program.

9 LIBRARIES

10 For carrying out, to the extent not otherwise pro11 vided, titles I and III of the Library Services and Con12 struction Act, $101,227,000.

13 DEPARTMENTAL MANAGEMENT

14 PROGRAM ADMINISTRATION

15 For carrying out, to the extent not otherwise pro16 vided, the Department of Education Organization Act, in17 cluding rental of conference rooms in the District of Co18 lumbia and hire of two passenger motor vehicles,

19 $327,319,000.

20 OFFICE FOR CIVIL RIGHTS

21 For expenses necessary for the Office for Civil

22 Rights, as authorized by section 203 of the Department

23 of Education Organization Act, $53,951,000.
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1 OFFICE OF THE INSPECTOR GENERAL

2 For expenses necessary for the Office of the Inspector

3 General, as authorized by section 212 of the Department

4 of Education Organization Act, $28,154,000.

5 GENERAL PROVISIONS

6 SEC. 301. No funds appropriated in this Act may be

7 used for the transportation of students or teachers (or for

8 the purchase of equipment for such transportation) in

9 order to overcome racial imbalance in any school or school

10 system, or for the transportation of students or teachers

11 (or for the purchase of equipment for such transportation)

12 in order to carry out a plan of racial desegregation of any

13 school or school system.

14 SEC. 302. None of the funds contained in this Act

15 shall be used to require, directly or indirectly, the trans16 portation of any student to a school other than the school

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

18 requiring special education, to the school offering such

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

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

21 an indirect requirement of transportation of students in22 cludes the transportation of students to carry out a plan

23 involving the reorganization of the grade structure of

24 schools, the pairing of schools, or the clustering of schools,

25 or any combination of grade restructuring, pairing or clus-
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1 tering. The prohibition described in this section does not

2 include the establishment of magnet schools.

3 SEC. 303. No funds appropriated under this Act may

4 be used to prevent the implementation of programs of vol5 untary prayer and meditation in the public schools.

6 SEC. 304. No funds appropriated under this Act shall

7 be made available for opportunity to learn standards or

8 strategies.

9 SEC. 305. Notwithstanding any other provision of

10 law, funds available for section 458 of the Higher Edu11 cation Act shall not exceed $320,000,000 for fiscal year

12 1996, of which $160,000,000 shall be available for the

13 payment of administrative cost allowances to guaranty

14 agencies. The Department of Education shall, within 30

15 days of enactment, develop a plan for the payment of ad16 ministrative cost allowances which shall be submitted to

17 the Chairs of the House Committee on Economic and

18 Educational Opportunities and the Senate Committee on

19 Labor and Human Resources. Notwithstanding section

20 458 of the Higher Education Act, the Secretary may not

21 use funds available under that section for subsequent fis22 cal years for administrative expenses of the William D.

23 Ford Direct Loan Program during fiscal year 1996, nor

24 may the Secretary require the return of guaranty agency

25 reserve funds during fiscal year 1996.
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1 No funds available to the Secretary may be used for

2 (1) marketing, advertising or promotion of the William D.

3 Ford Direct Loan Program, or for the hiring of advertis4 ing agencies or other third parties to provide advertising

5 services, or (2) payment of administrative fees relating to

6 the William D. Ford Direct Loan Program to institutions

7 of higher education.

8 None of the funds provided by this Act may be used

9 to hire staff at the Department of Education if such hiring

10 would increase on-board employment at the Department

11 as of the date of enactment of this Act.

12 None of the funds provided by this Act may be used

13 to conduct an evaluation of the William D. Ford Direct

14 Loan Program except as administered by the Advisory

15 Committee on Student Financial Assistance.

16 None of the funds provided by this Act may be used

17 by the Department of Education to implement new Indi18 vidual Procurement Agreements (IPAs).

19 SEC. 306. None of the funds appropriated in this Act

20 may be obligated or expended to carry out sections 727,

21 932, and 1002 of the Higher Education Act of 1965, sec22 tion 621(b) of Public Law 101–589, the President’s Advi23 sory Commission on Educational Excellence for Hispanic

24 Americans, and the President’s Board of Advisors on His25 torically Black Colleges and Universities.
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1 SEC. 307. Section 444(b)(1)(E) of the General Edu2 cation Provisions Act (20 U.S.C. 1232g(b)(1)(E)) is

3 amended to read as follows:

4 ‘‘(E) State and local officials or authorities to

5 whom such information is specifically—

6 ‘‘(i) required to be reported or disclosed

7 pursuant to State statute adopted before No8 vember 19, 1974;

9 ‘‘(ii) allowed to be reported or disclosed

10 pursuant to State statute adopted before No11 vember 19, 1974, if the allowed reporting or

12 disclosure concerns the juvenile justice system

13 and such system’s ability to effectively serve the

14 student whose records are released, or

15 ‘‘(iii) allowed to be reported or disclosed

16 pursuant to State statute adopted after Novem17 ber 19, 1974, if—

18 ‘‘(I) the allowed reporting or disclo19 sure concerns the juvenile justice system

20 and such system’s ability to effectively

21 serve, prior to adjudication, the student

22 whose records are released; and

23 ‘‘(II) the officials and authorities to

24 whom such information is disclosed certify

25 in writing to the educational agency or in-
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1 stitution that the information will not be

2 disclosed to any other party except as pro3 vided under State law without the prior

4 written consent of the parent of the stu5 dent;’’.

6 SEC. 308. None of the funds made available in this

7 Act may be used by the Office of Civil Rights of the De8 partment of Education after December 31, 1995, to en9 force title IX of the Education Amendments of 1972 (20

10 U.S.C. 1681 et seq.) with respect to gender equity in inter11 collegiate athletic programs, except when it is made known

12 to the Office that the Department has issued updated pol13 icy guidance to institutions of higher education which in14 cludes objective criteria clarifying how such institutions

15 can demonstrate a history and continuing practice of pro16 gram expansion for members of the underrepresented sex

17 and full and effective accommodation of the interests and

18 abilities of the underrepresented sex.

19 This title may be cited as the ‘‘Department of Edu20 cation Appropriations Act, 1996’’.

21 TITLE IV—RELATED AGENCIES

22 ARMED FORCES RETIREMENT HOME

23 For expenses necessary for the Armed Forces Retire24 ment Home to operate and maintain the United States

25 Soldiers’ and Airmen’s Home and the United States Naval
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1 Home, to be paid from funds available in the Armed

2 Forces Retirement Home Trust Fund, $58,186,000, of

3 which $2,051,000 shall remain available until expended

4 for construction and renovation of the physical plants at

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

6 United States Naval Home: Provided, That this appro7 priation shall not be available for the payment of hos8 pitalization of members of the Soldiers’ and Airmen’s

9 Home in United States Army hospitals at rates in excess

10 of those prescribed by the Secretary of the Army upon

11 recommendation of the Board of Commissioners and the

12 Surgeon General of the Army.

13 CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

14 DOMESTIC VOLUNTEER SERVICE PROGRAMS, OPERATING

15 EXPENSES

16 For expenses necessary for the Corporation for Na17 tional and Community Service to carry out the provisions

18 of the Domestic Volunteer Service Act of 1973, as amend19 ed, $168,974,000.

20 CORPORATION FOR PUBLIC BROADCASTING

21 For payment to the Corporation for Public Broad22 casting, as authorized by the Communications Act of

23 1934, without regard to section 396(k)(3)(B)(iii), an

24 amount which shall be available within limitations speci25 fied by that Act, for the fiscal year 1998, $240,000,000:
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1 Provided, That all funds appropriated herein shall be

2 made available only if authorized: Provided further, That

3 no funds made available to the Corporation for Public

4 Broadcasting by this Act shall be used to pay for recep5 tions, parties, or similar forms of entertainment for Gov6 ernment officials or employees: Provided further, That

7 none of the funds contained in this paragraph shall be

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

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

10 or is discriminated against, on the basis of race, color, na11 tional origin, religion, or sex: Provided further, That for

12 any fiscal year, the Secretary of the Treasury shall, not13 withstanding section 396(k)(2)(B) of the Communications

14 Act of 1934, make funds available to the Corporation for

15 Public Broadcasting in accordance with the payment

16 methods required under Office of Management and Budg17 et Circular A–110 to minimize the time between the trans18 fer of funds from the Federal Treasury and the outlay

19 or expenditure of such funds by the Corporation.

20 FEDERAL MEDIATION AND CONCILIATION SERVICE

21 SALARIES AND EXPENSES

22 For expenses necessary for the Federal Mediation

23 and Conciliation Service to carry out the functions vested

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

25 U.S.C. 171–180, 182–183), including hire of passenger
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1 motor vehicles; and for expenses necessary for the Labor2 Management Cooperation Act of 1978 (29 U.S.C. 175a);

3 and for expenses necessary for the Service to carry out

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

5 Public Law 95–454 (5 U.S.C. chapter 71), $31,896,000.

6 FEDERAL MINE SAFETY AND HEALTH REVIEW

7 COMMISSION

8 SALARIES AND EXPENSES

9 For expenses necessary for the Federal Mine Safety

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

11 $6,467,000.

12 NATIONAL COMMISSION ON LIBRARIES AND

13 INFORMATION SCIENCE

14 SALARIES AND EXPENSES

15 For necessary expenses for the National Commission

16 on Libraries and Information Science, established by the

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

18 by Public Law 102–95), $450,000.

19 NATIONAL COUNCIL ON DISABILITY

20 SALARIES AND EXPENSES

21 For expenses necessary for the National Council on

22 Disability as authorized by title IV of the Rehabilitation

23 Act of 1973, as amended, $1,397,000.
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1 NATIONAL LABOR RELATIONS BOARD

2 SALARIES AND EXPENSES

3 For expenses necessary for the National Labor Rela4 tions Board to carry out the functions vested in it by the

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

6 U.S.C. 141–167), and other laws, $123,233,000: Pro7 vided, That no part of this appropriation shall be available

8 to organize or assist in organizing agricultural laborers or

9 used in connection with investigations, hearings, direc10 tives, or orders concerning bargaining units composed of

11 agricultural laborers as referred to in section 2(3) of the

12 Act of July 5, 1935 (29 U.S.C. 152), and as amended

13 by the Labor-Management Relations Act, 1947, as amend14 ed, and as defined in section 3(f) of the Act of June 25,

15 1938 (29 U.S.C. 203), and including in said definition em16 ployees engaged in the maintenance and operation of

17 ditches, canals, reservoirs, and waterways when main18 tained or operated on a mutual, nonprofit basis and at

19 least 95 per centum of the water stored or supplied there20 by is used for farming purposes: Provided further, That

21 notwithstanding any other provisions of law, no part of

22 this appropriation may be used by the National Labor Re23 lations Board for the investigation or prosecution of al24 leged unfair labor practice charges under section 8 of the

25 National Labor Relations Act, where such charges are
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1 based, in whole or in part, on an employer’s taking any

2 adverse action, including refusal to hire, discipline, or dis3 charge, against an individual(s) who is an employee or

4 agent or is otherwise working under the control and super5 vision of a labor organization, until such time as the Unit6 ed States Supreme Court has held that such individual(s)

7 are or are not protected under section 8 of the National

8 Labor Relations Act: Provided further, That no part of

9 this appropriation may be used by the National Labor Re10 lations Board to petition a United States district court

11 for temporary relief or a restraining order as described

12 under section 10(j) of the National Labor Relations Act

13 unless there is a reasonable likelihood of success on the

14 merits of the complaint that an unfair labor practice has

15 occurred, there is a possibility of irreparable harm if such

16 relief is not granted, a balancing of hardships favors in17 junctive relief, and harm to the public interest stemming

18 from injunctive relief is tolerable in light of the benefits

19 achieved by such relief: Provided further, That no part of

20 this appropriation shall be available for the exercise of the

21 National Labor Relations Board’s authority under section

22 10(j) of the National Labor Relations Act (29 U.S.C.

23 160(j)) unless four-fifths of the Board’s members have

24 voted to exercise such authority, where five Board mem25 bers are voting: Provided further, That no part of this ap-
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1 propriation shall be available for the exercise of the Na2 tional Labor Relations Board’s authority under section

3 10(j) of the National Labor Relations Act (29 U.S.C.

4 160(j)) unless before determining that an action for in5 junctive relief is warranted the Board allows a named

6 party to an injunction an opportunity to review and re7 spond to the General Counsel’s memorandum of rec8 ommendations and to present oral evidence.

9 NATIONAL MEDIATION BOARD

10 SALARIES AND EXPENSES

11 For expenses necessary to carry out the provisions

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

13 188), including emergency boards appointed by the Presi14 dent, $8,000,000.

15 OCCUPATIONAL SAFETY AND HEALTH REVIEW

16 COMMISSION

17 SALARIES AND EXPENSES

18 For expenses necessary for the Occupational Safety

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

20 $8,200,000.

21 PHYSICIAN PAYMENT REVIEW COMMISSION

22 SALARIES AND EXPENSES

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

24 of the Social Security Act, $2,923,000, to be transferred
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1 to this appropriation from the Federal Supplementary

2 Medical Insurance Trust Fund.

3 PROSPECTIVE PAYMENT ASSESSMENT COMMISSION

4 SALARIES AND EXPENSES

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

6 of the Social Security Act, $3,267,000, to be transferred

7 to this appropriation from the Federal Hospital Insurance

8 and the Federal Supplementary Medical Insurance Trust

9 Funds.

10 SOCIAL SECURITY ADMINISTRATION

11 PAYMENTS TO SOCIAL SECURITY TRUST FUNDS

12 For payment to the Federal Old-Age and Survivors

13 Insurance and the Federal Disability Insurance trust

14 funds, as provided under sections 201(m), 228(g), and

15 1131(b)(2) of the Social Security Act, $22,641,000.

16 In addition, to reimburse these trust funds for admin17 istrative expenses to carry out sections 9704 and 9706 of

18 the Internal Revenue Code of 1986, $10,000,000, to re19 main available until expended.

20 SPECIAL BENEFITS FOR DISABLED COAL MINERS

21 For carrying out title IV of the Federal Mine Safety

22 and Health Act of 1977, $485,396,000, to remain avail23 able until expended.

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

25 benefit payments to individuals under title IV of the Fed-
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1 eral Mine Safety and Health Act of 1977, for costs in2 curred in the current fiscal year, such amounts as may

3 be necessary.

4 For making benefit payments under title IV of the

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

6 quarter of fiscal year 1997, $170,000,000, to remain

7 available until expended.

8 SUPPLEMENTAL SECURITY INCOME PROGRAM

9 For carrying out titles XI and XVI of the Social Se10 curity Act, section 401 of Public Law 92–603, section 212

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

12 Public Law 95–216, including payment to the Social Secu13 rity trust funds for administrative expenses incurred pur14 suant to section 201(g)(1) of the Social Security Act,

15 $18,753,834,000, to remain available until expended: Pro16 vided, That any portion of the funds provided to a State

17 in the current fiscal year and not obligated by the State

18 during that year shall be returned to the Treasury.

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

20 benefit payments to individuals under title XVI of the So21 cial Security Act, for unanticipated costs incurred for the

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

23 For carrying out title XVI of the Social Security Act

24 for the first quarter of fiscal year 1997, $9,260,000,000,

25 to remain available until expended.
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1 LIMITATION ON ADMINISTRATIVE EXPENSES

2 For necessary expenses, including the hire of two me3 dium size passenger motor vehicles, and not to exceed

4 $10,000 for official reception and representation expenses,

5 not more than $5,275,268,000 may be expended, as au6 thorized by section 201(g)(1) of the Social Security Act

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

8 the Internal Revenue Code of 1986 from any one or all

9 of the trust funds referred to therein: Provided, That reim10 bursement to the trust funds under this heading for ad11 ministrative expenses to carry out sections 9704 and 9706

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

13 interest, not later than September 30, 1997.

14 In addition to funding already available under this

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

16 $407,000,000, for disability caseload processing.

17 In addition to funding already available under this

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

19 $228,000,000, which shall remain available until ex20 pended, to invest in a state-of-the-art computing network,

21 including related equipment and administrative expenses

22 associated solely with this network, for the Social Security

23 Administration and the State Disability Determination

24 Services, may be expended from any or all of the trust
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1 funds as authorized by section 201(g)(1) of the Social

2 Security Act.

3 OFFICE OF INSPECTOR GENERAL

4 For expenses necessary for the Office of Inspector

5 General in carrying out the provisions of the Inspector

6 General Act of 1978, as amended, $4,816,000, together

7 with not to exceed $21,076,000, to be transferred and ex8 pended as authorized by section 201(g)(1) of the Social

9 Security Act from the Federal Old-Age and Survivors In10 surance Trust Fund and the Federal Disability Insurance

11 Trust Fund.

12 RAILROAD RETIREMENT BOARD

13 DUAL BENEFITS PAYMENTS ACCOUNT

14 For payment to the Dual Benefits Payments Ac15 count, authorized under section 15(d) of the Railroad Re16 tirement Act of 1974, $239,000,000, which shall include

17 amounts becoming available in fiscal year 1996 pursuant

18 to section 224(c)(1)(B) of Public Law 98–76; and in addi19 tion, an amount, not to exceed 2 percent of the amount

20 provided herein, shall be available proportional to the

21 amount by which the product of recipients and the average

22 benefit received exceeds $239,000,000: Provided, That the

23 total amount provided herein shall be credited in 12 ap24 proximately equal amounts on the first day of each month

25 in the fiscal year.
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1 FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT

2 ACCOUNTS

3 For payment to the accounts established in the

4 Treasury for the payment of benefits under the Railroad

5 Retirement Act for interest earned on unnegotiated

6 checks, $300,000, to remain available through September

7 30, 1997, which shall be the maximum amount available

8 for payment pursuant to section 417 of Public Law

9 98–76.

10 LIMITATION ON ADMINISTRATION

11 For necessary expenses for the Railroad Retirement

12 Board in administering the Railroad Retirement Act and

13 the Railroad Unemployment Insurance Act, $90,912,000,

14 to be derived as authorized by section 15(h) of the Rail15 road Retirement Act and section 10(a) of the Railroad

16 Unemployment Insurance Act, from the accounts referred

17 to in those sections.

18 SPECIAL MANAGEMENT IMPROVEMENT FUND

19 To effect management improvements, including the

20 reduction of backlogs, accuracy of taxation accounting,

21 and debt collection, $659,000, to be derived from the rail22 road retirement accounts and railroad unemployment in23 surance account: Provided, That these funds shall supple24 ment, not supplant, existing resources devoted to such op25 erations and improvements.
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1 LIMITATION ON THE OFFICE OF INSPECTOR GENERAL

2 For expenses necessary for the Office of Inspector

3 General for audit, investigatory and review activities, as

4 authorized by the Inspector General Act of 1978, as

5 amended, not more than $5,100,000, to be derived from

6 the railroad retirement accounts and railroad unemploy7 ment insurance account.

8 UNITED STATES INSTITUTE OF PEACE

9 OPERATING EXPENSES

10 For necessary expenses of the United States Institute

11 of Peace as authorized in the United States Institute of

12 Peace Act, $6,500,000.

13 TITLE V—GENERAL PROVISIONS

14 SEC. 501. The Secretaries of Labor, Health and

15 Human Services, and Education are authorized to transfer

16 unexpended balances of prior appropriations to accounts

17 corresponding to current appropriations provided in this

18 Act: Provided, That such transferred balances are used for

19 the same purpose, and for the same periods of time, for

20 which they were originally appropriated.

21 SEC. 502. No part of any appropriation contained in

22 this Act shall remain available for obligation beyond the

23 current fiscal year unless expressly so provided herein.

24 SEC. 503. (a) No part of any appropriation contained

25 in this Act shall be used, other than for normal and recog-
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1 nized executive-legislative relationships, for publicity or

2 propaganda purposes, for the preparation, distribution, or

3 use of any kit, pamphlet, booklet, publication, radio, tele4 vision, or film presentation designed to support or defeat

5 legislation pending before the Congress, except in presen6 tation to the Congress itself.

7 (b) No part of any appropriation contained in this

8 Act shall be used to pay the salary or expenses of any

9 grant or contract recipient, or agent acting for such recipi10 ent, related to any activity designed to influence legislation

11 or appropriations pending before the Congress.

12 SEC. 504. The Secretaries of Labor and Education

13 are each authorized to make available not to exceed

14 $15,000 from funds available for salaries and expenses

15 under titles I and III, respectively, for official reception

16 and representation expenses; the Director of the Federal

17 Mediation and Conciliation Service is authorized to make

18 available for official reception and representation expenses

19 not to exceed $2,500 from the funds available for ‘‘Sala20 ries and expenses, Federal Mediation and Conciliation

21 Service’’; and the Chairman of the National Mediation

22 Board is authorized to make available for official reception

23 and representation expenses not to exceed $2,500 from

24 funds available for ‘‘Salaries and expenses, National Medi25 ation Board’’.
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1 SEC. 505. Notwithstanding any other provision of

2 this Act, no funds appropriated under this Act shall be

3 used to carry out any program of distributing sterile nee4 dles for the hypodermic injection of any illegal drug unless

5 the Secretary of Health and Human Services determines

6 that such programs are effective in preventing the spread

7 of HIV and do not encourage the use of illegal drugs.

8 SEC. 506. (a) PURCHASE OF AMERICAN-MADE

9 EQUIPMENT AND PRODUCTS.—It is the sense of the Con10 gress that, to the greatest extent practicable, all equip11 ment and products purchased with funds made available

12 in this Act should be American-made.

13 (b) NOTICE REQUIREMENT.—In providing financial

14 assistance to, or entering into any contract with, any en15 tity using funds made available in this Act, the head of

16 each Federal agency, to the greatest extent practicable,

17 shall provide to such entity a notice describing the state18 ment made in subsection (a) by the Congress.

19 SEC. 507. When issuing statements, press releases,

20 requests for proposals, bid solicitations and other docu21 ments describing projects or programs funded in whole or

22 in part with Federal money, all grantees receiving Federal

23 funds, including but not limited to State and local govern24 ments and recipients of Federal research grants, shall

25 clearly state (1) the percentage of the total costs of the
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1 program or project which will be financed with Federal

2 money, (2) the dollar amount of Federal funds for the

3 project or program, and (3) percentage and dollar amount

4 of the total costs of the project or program that will be

5 financed by nongovernmental sources.

6 SEC. 508. None of the funds appropriated under this

7 Act shall be expended for any abortion except when it is

8 made known to the Federal entity or official to which

9 funds are appropriated under this Act that such procedure

10 is necessary to save the life of the mother or that the preg11 nancy is the result of an act of rape or incest.

12 SEC. 509. Effective October 1, 1993, and applicable

13 thereafter, and notwithstanding any other law, each State

14 is and remains free not to fund abortions to the extent

15 that the State in its sole discretion deems appropriate, ex16 cept where the life of the mother would be endangered if

17 the fetus were carried to term.

18 SEC. 510. Notwithstanding any other provision of

19 law—

20 (1) no amount may be transferred from an ap21 propriation account for the Departments of Labor,

22 Health and Human Services, and Education except

23 as authorized in this or any subsequent appropria24 tion act, or in the Act establishing the program or

25 activity for which funds are contained in this Act;
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1 (2) no department, agency, or other entity,

2 other than the one responsible for administering the

3 program or activity for which an appropriation is

4 made in this Act, may exercise authority for the tim5 ing of the obligation and expenditure of such appro6 priation, or for the purposes for which it is obligated

7 and expended, except to the extent and in the man8 ner otherwise provided in sections 1512 and 1513 of

9 title 31, United States Code; and

10 (3) no funds provided under this Act shall be

11 available for the salary (or any part thereof) of an

12 employee who is reassigned on a temporary detail

13 basis to another position in the employing agency or

14 department or in any other agency or department,

15 unless the detail is independently approved by the

16 head of the employing department or agency.

17 SEC. 511. None of the funds made available in this

18 Act may be used for—

19 (1) the creation of a human embryo or embryos

20 for research purposes; or

21 (2) research in which a human embryo or em22 bryos are destroyed, discarded, or knowingly sub23 jected to risk of injury or death greater than that

24 allowed for research on fetuses in utero under 45

25 CFR 46.208(a)(2) and 42 U.S.C. 289g(b).
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1 For purposes of this section, the phrase ‘‘human embryo

2 or embryos’’ shall include any organism, not protected as

3 a human subject under 45 CFR 46 as of the date of enact4 ment of this Act, that is derived by fertilization, par5 thenogenesis, cloning, or any other means from one or

6 more human gametes.

7 SEC. 512. None of the funds made available in this

8 Act may be used to carry out any Federal program, or

9 to provide financial assistance to any State, when it is

10 made known to the Federal official having authority to

11 obligate or expend such funds that—

12 (1) such Federal program or State subject any

13 health care entity to discrimination on the basis

14 that—

15 (A) the entity refuses to undergo training

16 in the performance of induced abortions, to pro17 vide such training, to perform such abortions,

18 or to provide referrals for such abortions;

19 (B) the entity refuses to make arrange20 ments for any of the activities specified in sub21 paragraph (A); or

22 (C) the entity attends (or attended) a post23 graduate physician training program, or any

24 other program of training in the health profes25 sions, that does not (or did not) require or pro-
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1 vide training in the performance of induced

2 abortions, or make arrangements for the provi3 sion of such training; or

4 (2) in granting a legal status to a health care

5 entity (including a license or certificate), or in pro6 viding to the entity financial assistance, a service, or

7 another benefit, such Federal program or State re8 quire that the entity be an accredited postgraduate

9 physician training program, or that the entity have

10 completed or be attending such a program, if the ap11 plicable standards for accreditation of the program

12 include the standard that the program must require

13 or provide training in the performance of induced

14 abortions, or make arrangements for the provision of

15 such training.

16 SEC. 513. (a) CONGRESSIONAL FINDINGS REGARD17 ING APPROPRIATE MINIMUM LENGTH OF STAY FOR ROU18 TINE DELIVERIES.—The Congress finds that—

19 (1) the Guidelines for Perinatal Care of the

20 American Academy of Pediatrics and the American

21 College of Obstetricians and Gynecologists rec22 ommend, when no complications are present, a

23 postpartum hospital stay of 48 hours for vaginal de24 livery and 96 hours for caesarean birth, excluding

25 the day of delivery;
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1 (2) the American College of Obstetricians and

2 Gynecologists reports that it has become common for

3 insurers to limit length of stay to up to 24 hours fol4 lowing vaginal delivery and up to 72 hours following

5 caesarean delivery, and the American College of Ob6 stetricians and Gynecologists has received reports of

7 insurers proposing limits of 12 hours, and in some

8 cases 6 hours, for routine deliveries;

9 (3) the American Medical Association recently

10 expressed concern about the trend toward increas11 ingly brief perinatal hospital stays as routine prac12 tice in the absence of adequate data to demonstrate

13 the practice is safe;

14 (4) the American College of Obstetricians and

15 Gynecologists has stated that the trend toward ear16 lier discharge is ‘‘equivalent to a large, uncontrolled,

17 uninformed experiment that may potentially affect

18 the health of American women and their babies’’;

19 (5) a recent study by Dartmouth-Hitchcock

20 Medical Center found that within an infant’s first

21 two weeks of life there is a 50 percent increased risk

22 of readmission and 70 percent increased risk of

23 emergency room visits if the infant is discharged at

24 less than two days of age;
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1 (6) studies have shown that early release of in2 fants can result in jaundice, feeding problems, res3 piratory difficulties, and infections of the cord, ears,

4 and eyes;

5 (7) the American Medical Association has urged

6 hospitals and insurance companies, in the absence of

7 empirical data, to allow the perinatal discharge of

8 mothers and infants to be determined by the clinical

9 judgment of attending physicians not by economic

10 considerations; and

11 (8) the American Medical Association rec12 ommends that the decision regarding perinatal dis13 charge should be made based on the criteria of medi14 cal stability, delivery of adequate predischarge edu15 cation, need for neonatal screening, and determina16 tion that adequate feeding is occurring and with

17 consideration of the mother’s social and emotional

18 needs and preferences.

19 (b) SENSE OF THE CONGRESS.—It is, therefore, the

20 sense of Congress that—

21 (1) the Maternal and Child Health Bureau

22 should promptly collaborate with other concerned

23 national organizations to encourage well-designed

24 studies, separating economic concerns from concerns

25 about the health and well-being of mothers and chil-
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1 dren, to identify safe neonatal practices with regard

2 to the hospital discharge of mothers and infants and

3 establish appropriate medical care procedures during

4 the perinatal period;

5 (2) decisions on how long mothers and

6 newborns should stay in the hospital after delivery

7 and before discharge should be made by doctors and

8 patients together based on the medical and health

9 care needs of the mother and newborn and not by

10 hospitals, health insurers, health services organiza11 tions, and health benefit plans based primarily on

12 economic considerations; and

13 (3) until further empirical data are collected so

14 as to indicate a need for change in current Guide15 lines, hospitals, health insurers, health services orga16 nizations, and health benefit plans should abide by

17 the current Guidelines for Perinatal Care of the

18 American Academy of Pediatrics and the American

19 College of Obstetricians and Gynecologists, that

20 state that the general time for discharge for mother

21 and baby should be at least 48 hours following un22 complicated vaginal delivery and at least 96 hours

23 following uncomplicated caesarian birth and that

24 permit early discharge if specified criteria are met.
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1 TITLE VI—POLITICAL ADVOCACY

2 PROHIBITION ON THE USE OF FEDERAL FUNDS FOR

3 POLITICAL ADVOCACY

4 SEC. 601. (a) LIMITATIONS.—Notwithstanding any

5 other provision of law, the following limitations apply to

6 any grant which is made from funds appropriated under

7 this or any other Act or controlled under any congressional

8 authorization until Congress provides specific exceptions

9 in subsequent Acts:

10 (1) No grantee may use funds from any grant

11 to engage in political advocacy.

12 (2) No grant applicant may receive any grant

13 if its expenditures for political advocacy for any one

14 of the previous five Federal fiscal years exceeded its

15 prohibited political advocacy threshold (but no Fed16 eral fiscal year before 1996 shall be considered). For

17 purposes of this title, the prohibited political advo18 cacy threshold for a given Federal fiscal year is to

19 be determined by the following formula:

20 (A) calculate the difference between the

21 grant applicant’s total expenditures made in a

22 given Federal fiscal year and the total grants it

23 received in that Federal fiscal year;

24 (B) for the first $20,000,000 of the dif25 ference calculated in (A), multiply by .05;
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1 (C) for the remainder of the difference cal2 culated in (A), multiply by .01;

3 (D) the sum of the products described in

4 (B) and (C) equals the prohibited political ad5 vocacy threshold.

6 (3) During any one Federal fiscal year in which

7 a grantee has possession, custody or control of grant

8 funds, the grantee shall not use any funds (whether

9 derived from grants or otherwise) to engage in polit10 ical advocacy in excess of its prohibited political ad11 vocacy threshold for the prior Federal fiscal year.

12 (4) No grantee may use funds from any grant

13 to purchase or secure any goods or services (includ14 ing dues and membership fees) from any other indi15 vidual, entity, or organization whose expenditures

16 for political advocacy for the previous Federal fiscal

17 year exceeded 15 percent of its total expenditures

18 for that Federal fiscal year.

19 (5) No grantee may use funds from any grant

20 for any purpose (including but not limited to extend21 ing subsequent grants to any other individual, en22 tity, or organization) other than to purchase or se23 cure goods or services, except as specifically per24 mitted by Congress in the law authorizing the grant.
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1 (6) Any individual, entity, or organization that

2 awards or administers a grant shall take reasonable

3 steps to ensure that the grantee complies with the

4 requirements of this title. Reasonable steps to en5 sure compliance shall include written notice to a

6 grantee that it is receiving a grant, and that the

7 provisions of this title apply to the grantee.

8 (b) ENFORCEMENT.—The following enforcement pro9 visions apply with respect to the limitations imposed under

10 subsection (a):

11 (1) Each grantee shall be subject to audit from

12 time to time as follows:

13 (A) Audits may be requested and con14 ducted by the General Accounting Office or

15 other auditing entity authorized by Congress,

16 including the inspector general of the Federal

17 entity awarding or administering the grant.

18 (B) Grantees shall follow generally accept19 ed accounting principles in keeping books and

20 records relating to each grant and no Federal

21 entity may impose more burdensome accounting

22 requirements for purposes of enforcing this

23 title.

24 (C) A grantee that engages in political ad25 vocacy shall have the burden of proving, by
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1 clear and convincing evidence, that it is in com2 pliance with the limitations of this section.

3 (2) Violations by a grantee of the limitations

4 contained in subsection (a) may be enforced and the

5 grant may be recovered in the same manner and to

6 the same extent as a false or fraudulent claim for

7 payment or approval made to the Federal Govern8 ment pursuant to sections 3729 through 3812 of

9 title 31, United States Code.

10 (3) Any officer or employee of the Federal Gov11 ernment who awards or administers funds from any

12 grant to a grantee who is not in compliance with

13 this section shall—

14 (A) for knowing or negligent noncompli15 ance with this section, be subjected to appro16 priate administrative discipline, including, when

17 circumstances warrant, suspension from duty

18 without pay or removal from office; and

19 (B) for knowing noncompliance with this

20 section, pay a civil penalty of not more than

21 $5,000 for each improper disbursement of

22 funds.

23 (c) DEFINITIONS.—For purposes of this title:

24 (1) POLITICAL ADVOCACY.—The term ‘‘political

25 advocacy’’ includes—
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1 (A) carrying on propaganda, or otherwise

2 attempting to influence legislation or agency ac3 tion, including, but not limited to monetary or

4 in-kind contributions, endorsements, publicity,

5 or similar activity;

6 (B) participating or intervening in (includ7 ing the publishing or distributing of statements)

8 any political campaign on behalf of (or in oppo9 sition to) any candidate for public office, includ10 ing but not limited to monetary or in-kind con11 tributions, endorsements, publicity, or similar

12 activity;

13 (C) participating in any judicial litigation

14 or agency proceeding (including as an amicus

15 curiae) in which agents or instrumentalities of

16 Federal, State, or local governments are par17 ties, other than litigation in which the grantee

18 or grant applicant: is a defendant appearing in

19 its own behalf; is defending its tax-exempt sta20 tus; or is challenging a government decision or

21 action directed specifically at the powers, rights,

22 or duties of that grantee or grant applicant;

23 and

24 (D) allocating, disbursing, or contributing

25 any funds or in-kind support to any individual,
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1 entity or organization whose expenditures for

2 political advocacy for the previous Federal fiscal

3 year exceeded 15 percent of its total expendi4 tures for that Federal fiscal year.

5 (2) INFLUENCE LEGISLATION OR AGENCY AC6 TION.—

7 (A) GENERAL RULE.—Except as otherwise

8 provided in subparagraph (B), the term ‘‘influ9 ence legislation or agency action’’ includes—

10 (i) any attempt to influence any legis11 lation or agency action through an attempt

12 to affect the opinions of the general public

13 or any segment thereof, and

14 (ii) any attempt to influence any legis15 lation or agency action through commu16 nication with any member or employee of

17 a legislative body or agency, or with any

18 government official or employee who may

19 participate in the formulation of the legis20 lation or agency action.

21 (B) EXCEPTIONS.—The term ‘‘influence

22 legislation or agency action’’ does not include—

23 (i) making available the results of

24 nonpartisan analysis, study, research, or

25 debate;
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1 (ii) providing technical advice or as2 sistance (where such advice would other3 wise constitute the influencing of legisla4 tion or agency action) to a governmental

5 body or to a committee or other subdivi6 sion thereof in response to a written re7 quest by such body or subdivision, as the

8 case may be;

9 (iii) communications between the

10 grantee and its bona fide members with re11 spect to legislation, proposed legislation,

12 agency action, or proposed agency action

13 of direct interest to the grantee and such

14 members, other than communications de15 scribed in subparagraph (C);

16 (iv) any communication with a govern17 mental official or employee; other than—

18 (I) a communication with a mem19 ber or employee of a legislative body

20 or agency (where such communication

21 would otherwise constitute the influ22 encing of legislation or agency action);

23 or
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1 (II) a communication the prin2 cipal purpose of which is to influence

3 legislation or agency action; and

4 (v) official communications by employ5 ees of State or local governments, or by or6 ganizations whose membership consists ex7 clusively of State or local governments.

8 (C) COMMUNICATIONS WITH MEMBERS.—

9 (i) A communication between a grant10 ee and any bona fide member of such orga11 nization to directly encourage such member

12 to communicate as provided in paragraph

13 (2)(A)(ii) shall be treated as a (2)(A)(ii)

14 communication by the grantee itself.

15 (ii) A communication between a

16 grantee and any bona fide member of such

17 organization to directly encourage such

18 member to urge persons other than mem19 bers to communicate as provided in either

20 clause (i) or (ii) of paragraph (2)(A) shall

21 be treated as a communication described in

22 paragraph (2)(A)(i).

23 (3) The term ‘‘legislation’’ includes the intro24 duction, amendment, enactment, passage, defeat,

25 ratification, or repeal of Acts, bills, resolutions, trea-
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1 ties, declarations, confirmations, articles of impeach2 ment, or similar items by the Congress, any State

3 legislature, any local council or similar governing

4 body, or by the public in a referendum, initiative,

5 constitutional amendment, recall, confirmation, or

6 similar procedure.

7 (4) The term ‘‘grant’’ includes the provision of

8 any Federal funds, appropriated under this or any

9 other Act, or other thing of value to carry out a pub10 lic purpose of the United States, except: the provi11 sion of funds for acquisition (by purchase, lease or

12 barter) of property or services for the direct benefit

13 or use of the United States, or the payments of

14 loans, debts, or entitlements; or the provision of

15 funds to an Article I or III court.

16 (5) The term ‘‘grantee’’ includes any recipient

17 of any grant. The term shall not include any state

18 or local government, but shall include any recipient

19 receiving a grant (as defined by subsection c(4))

20 from a state or local government.

21 (6) The term ‘‘agency action’’ includes the defi22 nition contained in section 551 of Title 5, United

23 States Code, and includes action by state or local

24 government agencies.
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1 (7) The term ‘‘agency proceeding’’ includes the

2 definition contained in section 551 of Title 5, United

3 States Code, and includes proceedings by state or

4 local government agencies.

5 DISCLOSURE REQUIREMENTS

6 SEC. 602. (a) Not later than December 31 of each

7 year, a grantee shall provide (via either electronic or paper

8 medium) to each Federal entity that awarded or adminis9 tered its grant an annual report for the prior Federal fis10 cal year, certified by the grantee’s chief executive officer

11 or equivalent person of authority, and setting forth: the

12 grantee’s name, the grantee’s identification number,

13 and—

14 (1) a statement that the grantee did not engage

15 in political advocacy; or,

16 (2) a statement that the grantee did engage in

17 political advocacy, and setting forth for each grant—

18 (A) the grant identification number;

19 (B) the amount or value of the grant (in20 cluding all administrative and overhead costs

21 awarded);

22 (C) a brief description of the purpose or

23 purposes for which the grant was awarded;

24 (D) the identity of each Federal, state and

25 local government entity awarding or administer26 ing the grant, and program thereunder;
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1 (E) the name and grantee identification

2 number of each individual, entity, or organiza3 tion to whom the grantee made a grant;

4 (F) a brief description of the grantee’s po5 litical advocacy, and a good faith estimate of

6 the grantee’s expenditures on political advocacy;

7 (G) a good faith estimate of the grantee’s

8 prohibited political advocacy threshold.

9 (b) OMB COORDINATION.—The Office of Manage10 ment and Budget shall develop by regulation one stand11 ardized form for the annual report that shall be accepted

12 by every Federal entity, and a uniform procedure by which

13 each grantee is assigned one permanent and unique grant14 ee identification number.

15 FEDERAL ENTITY REPORT

16 SEC. 603. Not later than May 1 of each calendar

17 year, each Federal entity awarding or administering a

18 grant shall submit to the Bureau of the Census a report

19 (standardized by the Office of Management and Budget)

20 setting forth the information provided to such Federal en21 tity by each grantee during the preceding Federal fiscal

22 year, and the name and grantee identification number of

23 each grantee to whom it provided written notice under sec24 tion 1(a)(6). The Bureau of the Census shall make this

25 database available to the public through the Internet.
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1 PUBLIC ACCOUNTABILITY

2 SEC. 604. (a) Any Federal entity awarding a grant

3 shall make publicly available any grant application, audit

4 of a grantee, list of grantees to whom notice was provided

5 under section 1(a)(6), annual report of a grantee, and that

6 Federal entity’s annual report to the Bureau of the Cen7 sus.

8 (b) The public’s access to the documents identified

9 in section 4(a) shall be facilitated by placement of such

10 documents in the Federal entity’s public document reading

11 room and also by expediting any requests under section

12 552 of title 5, United States Code, the Freedom of Infor13 mation Act as amended, ahead of any requests for other

14 information pending at such Federal entity.

15 (c) Records described in section (a) shall not be sub16 ject to withholding except under exemption (b)(7)(A) of

17 section 552 of title 5, United States Code.

18 (d) No fees for searching for or copying such docu19 ments shall be charged to the public.

20 SEVERABILITY

21 SEC. 605. If any provision of this title or the applica22 tion thereof to any person or circumstance is held invalid,

23 the remainder of this title and the application of such pro24 vision to other persons and circumstances shall not be af25 fected thereby.
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1 FIRST AMENDMENT RIGHTS PRESERVED

2 SEC. 606. Nothing in this title shall be deemed to

3 abridge any rights guaranteed under the first amendment

4 of the United States Constitution, including freedom of

5 speech, or of the press; or the right of the people peaceably

6 to assemble, and to petition the Government for a redress

7 of grievances.

8 This Act may be cited as the ‘‘Departments of Labor,

9 Health and Human Services, and Education, and Related

10 Agencies Appropriations Act, 1996’’.

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Union Calendar No. 108

104TH CONGRESS

1ST SESSION H. R. 2127

[Report No. 104–209]

A BILL

Making appropriations for the Departments of

poses.ending September 30, 1996, and for other purcation, and related agencies, for the fiscal yearLabor, Health and Human Services, and EduJULY 27, 1995

Committed to the Committee of the Whole House on

the State of the Union and ordered to be printed