104TH CONGRESS

1ST SESSION H. R. 2127

AN ACT

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 Edu-
104TH CONGRESS

1ST SESSION H. R. 2127

AN ACT

Making appropriations for the Departments of Labor, Health

and Human Services, and Education, and related agencies, for the fiscal year ending September 30, 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,
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1 That the following sums are appropriated, out of any

2 money in the Treasury not otherwise appropriated, for the

3 Departments of Labor, Health and Human Services, and

4 Education, and related agencies for the fiscal year ending

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

6 TITLE I—DEPARTMENT OF LABOR

7 EMPLOYMENT AND TRAINING ADMINISTRATION

8 TRAINING AND EMPLOYMENT SERVICES

9 For expenses necessary to carry into effect the Job

10 Training Partnership Act, as amended, including the pur11 chase and hire of passenger motor vehicles, the construc12 tion, alteration, and repair of buildings and other facili13 ties, and the purchase of real property for training centers

14 as authorized by the Job Training Partnership Act; title

15 II of the Civil Rights Act of 1991; the Women in Appren16 ticeship and Nontraditional Occupations Act; National

17 Skill Standards Act of 1994; and the School-to-Work Op18 portunities Act; $3,180,441,000 plus reimbursements, of

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

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

21 $148,535,000 is available for the period July 1, 1996

22 through June 30, 1999 for necessary expenses of construc23 tion, rehabilitation, and acquisition of Job Corps centers;

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

25 1996 through September 30, 1997, for carrying out activi-
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1 ties of the School-to-Work Opportunities Act: Provided,

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

3 of the Job Training Partnership Act, $65,000,000 shall

4 be for carrying out section 402 of such Act, $7,300,000

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

6 $830,000,000 shall be for carrying out title II, part A of

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

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

9 from any other appropriation shall be used to provide meal

10 services at or for Job Corps centers.

11 COMMUNITY SERVICE EMPLOYMENT FOR OLDER

12 AMERICANS

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

14 1965, as amended, $350,000,000.

15 FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES

16 For payments during the current fiscal year of trade

17 adjustment benefit payments and allowances under part

18 I, and for training, for allowances for job search and relo19 cation, and for related State administrative expenses

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

21 of the Trade Act of 1974, as amended, $346,100,000, to22 gether with such amounts as may be necessary to be

23 charged to the subsequent appropriation for payments for

24 any period subsequent to September 15 of the current

25 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 $3,107,404,000 (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 $216,333,000 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, $134,220,000; 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, X, 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: Provided further, That of the funds made available

9 under this heading, $193,349,000 shall be for the program

10 under title X of the Public Health Service Act to provide

11 for voluntary family planning projects: Provided further,

12 That amounts provided to said projects under such title

13 shall not be expended for abortions, that all pregnancy

14 counseling shall be nondirective, and that such amounts

15 shall not be expended for any activity (including the publi16 cation or distribution of literature) that in any way tends

17 to promote public support or opposition to any legislative

18 proposal or candidate for public office.

19 MEDICAL FACILITIES GUARANTEE AND LOAN FUND

20 FEDERAL INTEREST SUBSIDIES FOR MEDICAL FACILITIES

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

22 1602 of the Public Health Service Act, $8,000,000, to23 gether with any amounts received by the Secretary in con24 nection with loans and loan guarantees under title VI of

25 the Public Health Service Act, to be available without fis-
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1 cal year limitation for the payment of interest subsidies.

2 During the fiscal year, no commitments for direct loans

3 or loan guarantees shall be made.

4 HEALTH EDUCATION ASSISTANCE LOANS PROGRAM

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

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

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

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

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

10 of the Congressional Budget Act of 1974: Provided fur11 ther, That these funds are available to subsidize gross obli12 gations for the total loan principal any part of which is

13 to be guaranteed at not to exceed $210,000,000. In addi14 tion, for administrative expenses to carry out the guaran15 teed loan program, $2,703,000.

16 VACCINE INJURY COMPENSATION PROGRAM TRUST FUND

17 For payments from the Vaccine Injury Compensation

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

19 claims associated with vaccine-related injury or death with

20 respect to vaccines administered after September 30,

21 1988, pursuant to subtitle 2 of title XXI of the Public

22 Health Service Act, to remain available until expended:

23 Provided, That for necessary administrative expenses, not

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

25 Fund to the Secretary of Health and Human Services.
25

•HR 2127 EH

1 VACCINE INJURY COMPENSATION

2 For payment of claims resolved by the United States

3 Court of Federal Claims related to the administration of

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

5 available until expended.

6 CENTERS FOR DISEASE CONTROL AND PREVENTION

7 DISEASE CONTROL, RESEARCH, AND TRAINING

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

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

10 103, 201, 202, and 203 of the Federal Mine Safety and

11 Health Act of 1977, and sections 20 and 22 of the Occu12 pational Safety and Health Act of 1970; including insur13 ance of official motor vehicles in foreign countries; and

14 hire, maintenance, and operation of aircraft,

15 $2,085,831,000, of which $4,353,000 shall remain avail16 able until expended for equipment and construction and

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

18 be derived from authorized user fees, which shall be cred19 ited to this account: Provided, That in addition to amounts

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

21 amounts available under section 241 of the Public Health

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

23 Statistics surveys.
26

•HR 2127 EH

1 In addition, $39,100,000, to be derived from the Vio2 lent Crime Reduction Trust Fund, for carrying out sec3 tions 40151, 40261, and 40293 of Public Law 103–322.

4 NATIONAL INSTITUTES OF HEALTH

5 NATIONAL CANCER INSTITUTE

6 For carrying out section 301 and title IV of the Pub7 lic Health Service Act with respect to cancer,

8 $2,251,084,000.

9 NATIONAL HEART, LUNG, AND BLOOD INSTITUTE

10 For carrying out section 301 and title IV of the Pub11 lic Health Service Act with respect to cardiovascular, lung,

12 and blood diseases, and blood and blood products,

13 $1,355,866,000.

14 NATIONAL INSTITUTE OF DENTAL RESEARCH

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

17 $183,196,000.

18 NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND

19 KIDNEY DISEASES

20 For carrying out section 301 and title IV of the Pub21 lic Health Service Act with respect to diabetes and diges22 tive and kidney diseases, $771,252,000.
27

•HR 2127 EH

1 NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS

2 AND STROKE

3 For carrying out section 301 and title IV of the Pub4 lic Health Service Act with respect to neurological dis5 orders and stroke, $681,534,000.

6 NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS

7 DISEASES

8 For carrying out section 301 and title IV of the Pub9 lic Health Service Act with respect to allergy and infec10 tious diseases, $1,169,628,000.

11 NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES

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

14 sciences, $946,971,000.

15 NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN

16 DEVELOPMENT

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

19 human development, $595,162,000.

20 NATIONAL EYE INSTITUTE

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

23 visual disorders, $314,185,000.
28

•HR 2127 EH

1 NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH

2 SCIENCES

3 For carrying out sections 301 and 311 and title IV

4 of the Public Health Service Act with respect to environ5 mental health sciences, $288,898,000.

6 NATIONAL INSTITUTE ON AGING

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

9 $453,917,000.

10 NATIONAL INSTITUTE OF ARTHRITIS AND

11 MUSCULOSKELETAL AND SKIN DISEASES

12 For carrying out section 301 and title IV of the Pub13 lic Health Service Act with respect to arthritis, and mus14 culoskeletal and skin diseases, $241,828,000.

15 NATIONAL INSTITUTE ON DEAFNESS AND OTHER

16 COMMUNICATION DISORDERS

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

19 communication disorders, $176,502,000.

20 NATIONAL INSTITUTE OF NURSING RESEARCH

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

23 $55,831,000.
29

•HR 2127 EH

1 NATIONAL INSTITUTE ON ALCOHOL ABUSE AND

2 ALCOHOLISM

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

5 alcoholism, $198,607,000.

6 NATIONAL INSTITUTE ON DRUG ABUSE

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

9 $458,441,000.

10 NATIONAL INSTITUTE OF MENTAL HEALTH

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

13 $661,328,000.

14 NATIONAL CENTER FOR RESEARCH RESOURCES

15 For carrying out section 301 and title IV of the Pub16 lic Health Service Act with respect to research resources

17 and general research support grants, $390,339,000: Pro18 vided, That none of these funds shall be used to pay recipi19 ents of the general research support grants program any

20 amount for indirect expenses in connection with such

21 grants.

22 NATIONAL CENTER FOR HUMAN GENOME RESEARCH

23 For carrying out section 301 and title IV of the Pub24 lic Health Service Act with respect to human genome re25 search, $170,041,000.
30

•HR 2127 EH

1 JOHN E. FOGARTY INTERNATIONAL CENTER

2 For carrying out the activities at the John E.

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

4 NATIONAL LIBRARY OF MEDICINE

5 For carrying out section 301 and title IV of the Pub6 lic Health Service Act with respect to health information

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

8 be available until expended for improvement of informa9 tion systems: Provided, That in fiscal year 1996, the Li10 brary may enter into personal services contracts for the

11 provision of services in facilities owned, operated, or con12 structed under the jurisdiction of the National Institutes

13 of Health.

14 OFFICE OF THE DIRECTOR

15 (INCLUDING TRANSFER OF FUNDS)

16 For carrying out the responsibilities of the Office of

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

18 Provided, That funding shall be available for the purchase

19 of not to exceed five passenger motor vehicles for replace20 ment only: Provided further, That the Director may direct

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

22 Act to all National Institutes of Health appropriations to

23 activities the Director may so designate: Provided further,

24 That no such appropriation shall be increased or de25 creased by more than 1 percent by any such transfers and
31

•HR 2127 EH

1 that the Congress is promptly notified of the transfer: Pro2 vided further, That of the funds made available under this

3 heading, $7,500,000 shall be available for carrying out the

4 activities of the Office of Alternative Medicine under sec5 tion 404E of the Public Health Service Act.

6 BUILDINGS AND FACILITIES

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

8 equipment for, facilities of or used by the National Insti9 tutes of Health, including the acquisition of real property,

10 $146,151,000, to remain available until expended.

11 SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

12 ADMINISTRATION

13 SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

14 For carrying out titles V and XIX of the Public

15 Health Service Act with respect to substance abuse and

16 mental health services, the Protection and Advocacy for

17 Mentally Ill Individuals Act of 1986, and section 301 of

18 the Public Health Service Act with respect to program

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

20 RETIREMENT PAY AND MEDICAL BENEFITS FOR

21 COMMISSIONED OFFICERS

22 For retirement pay and medical benefits of Public

23 Health Service Commissioned Officers as authorized by

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

25 Family Protection Plan and Survivor Benefit Plan and for
32

•HR 2127 EH

1 medical care of dependents and retired personnel under

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

3 for payments pursuant to section 229(b) of the Social Se4 curity Act (42 U.S.C. 429(b)), such amounts as may be

5 required during the current fiscal year.

6 AGENCY FOR HEALTH CARE POLICY AND RESEARCH

7 HEALTH CARE POLICY AND RESEARCH

8 For carrying out titles III and IX of the Public

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

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

11 $5,796,000 to be transferred from the Federal Hospital

12 Insurance and the Federal Supplementary Medical Insur13 ance Trust Funds, as authorized by sections 1142 and

14 201(g) of the Social Security Act; in addition, amounts

15 received from Freedom of Information Act fees, reimburs16 able and interagency agreements, and the sale of data

17 tapes shall be credited to this appropriation and shall re18 main available until expended: Provided, That the amount

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

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

21 HEALTH CARE FINANCING ADMINISTRATION

22 GRANTS TO STATES FOR MEDICAID

23 For carrying out, except as otherwise provided, titles

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

25 to remain available until expended.
33

•HR 2127 EH

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

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

3 quarter of fiscal year 1996 for unanticipated costs, in4 curred for the current fiscal year, such sums as may be

5 necessary.

6 For making payments to States under title XIX of

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

8 1997, $26,155,350,000, to remain available until ex9 pended.

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

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

13 quarter and approved in that or any subsequent quarter.

14 PAYMENTS TO HEALTH CARE TRUST FUNDS

15 For payment to the Federal Hospital Insurance and

16 the Federal Supplementary Medical Insurance Trust

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

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

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

22 $63,313,000,000.

23 PROGRAM MANAGEMENT

24 For carrying out, except as otherwise provided, titles

25 XI, XVIII, and XIX of the Social Security Act, and title
34

•HR 2127 EH

1 XIII of the Public Health Service Act, the Clinical Labora2 tory Improvement Amendments of 1988, and section

3 4005(e) of Public Law 100–203, not to exceed

4 $2,134,533,000, together with all funds collected in ac5 cordance with section 353 of the Public Health Service

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

7 the $2,134,533,000, to be transferred to this appropria8 tion as authorized by section 201(g) of the Social Security

9 Act, from the Federal Hospital Insurance and the Federal

10 Supplementary Medical Insurance Trust Funds: Provided,

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

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

15 HEALTH MAINTENANCE ORGANIZATION LOAN AND LOAN

16 GUARANTEE FUND

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

18 1308 of the Public Health Service Act, any amounts re19 ceived by the Secretary in connection with loans and loan

20 guarantees under title XIII of the Public Health Service

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

22 payment of outstanding obligations. During fiscal year

23 1996, no commitments for direct loans or loan guarantees

24 shall be made.
35

•HR 2127 EH

1 ADMINISTRATION FOR CHILDREN AND FAMILIES

2 FAMILY SUPPORT PAYMENTS TO STATES

3 For making payments to States or other non-Federal

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

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

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

7 1960 (24 U.S.C. ch. 9), $13,614,307,000, to remain avail8 able until expended.

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

10 payments to States or other non-Federal entities under

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

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

13 for unanticipated costs, incurred for the current fiscal

14 year, such sums as may be necessary.

15 For making payments to States or other non-Federal

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

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

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

19 first quarter of fiscal year 1997, $4,800,000,000, to re20 main available until expended.

21 JOB OPPORTUNITIES AND BASIC SKILLS

22 For carrying out aid to families with dependent chil23 dren work programs, as authorized by part F of title IV

24 of the Social Security Act, $1,000,000,000.
36

•HR 2127 EH

1 LOW INCOME HOME ENERGY ASSISTANCE

2 (RESCISSION)

3 Of the funds made available beginning on October 1,

4 1995 under this heading in Public Law 103–333,

5 $1,000,000,000 are hereby rescinded.

6 REFUGEE AND ENTRANT ASSISTANCE

7 For making payments for refugee and entrant assist8 ance activities authorized by title IV of the Immigration

9 and Nationality Act and section 501 of the Refugee Edu10 cation Assistance Act of 1980 (Public Law 96–422),

11 $411,781,000: Provided, That funds appropriated pursu12 ant to section 414(a) of the Immigration and Nationality

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

14 be available for the costs of assistance provided and other

15 activities conducted in such year and in fiscal years 1995

16 and 1996.

17 CHILD CARE AND DEVELOPMENT BLOCK GRANT

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

19 Omnibus Budget Reconciliation Act of 1981 (The Child

20 Care and Development Block Grant Act of 1990),

21 $934,642,000, which shall be available for obligation

22 under the same statutory terms and conditions applicable

23 in the prior fiscal year.
37

•HR 2127 EH

1 SOCIAL SERVICES BLOCK GRANT

2 For making grants to States pursuant to section

3 2002 of the Social Security Act, $2,800,000,000.

4 CHILDREN AND FAMILIES SERVICES PROGRAMS

5 For carrying out, except as otherwise provided, the

6 Runaway and Homeless Youth Act, the Developmental

7 Disabilities Assistance and Bill of Rights Act, the Head

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

9 the Family Violence Prevention and Services Act, the Na10 tive American Programs Act of 1974, title II of Public

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

12 Child Care for Children with Disabilities and Crisis Nurs13 eries Act of 1986, the Abandoned Infants Assistance Act

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

15 Act; for making payments under the Community Services

16 Block Grant Act; and for necessary administrative ex17 penses to carry out said Acts and titles I, IV, X, XI, XIV,

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

19 5, 1960 (24 U.S.C. ch. 9), the Omnibus Budget Reconcili20 ation Act of 1981, title IV of the Immigration and Nation21 ality Act, section 501 of the Refugee Education Assistance

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

23 Law 100–485, $4,544,643,000.
38

•HR 2127 EH

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

2 Crime Reduction Trust Fund, for carrying out sections

3 40211 and 40251 of Public Law 103–322.

4 FAMILY PRESERVATION AND SUPPORT

5 For carrying out section 430 of the Social Security

6 Act, $225,000,000.

7 PAYMENTS TO STATES FOR FOSTER CARE AND ADOPTION

8 ASSISTANCE

9 For making payments to States or other non-Federal

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

11 $4,307,842,000.

12 ADMINISTRATION ON AGING

13 AGING SERVICES PROGRAMS

14 For carrying out, to the extent not otherwise pro15 vided, the Older Americans Act of 1965, as amended,

16 $778,246,000.

17 OFFICE OF THE SECRETARY

18 GENERAL DEPARTMENTAL MANAGEMENT

19 For necessary expenses, not otherwise provided, for

20 general departmental management, including hire of six

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

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

23 with $6,813,000, to be transferred and expended as au24 thorized by section 201(g)(1) of the Social Security Act
39

•HR 2127 EH

1 from the Hospital Insurance Trust Fund and the Supple2 mental Medical Insurance Trust Fund.

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, $56,333,000, together

7 with not to exceed $17,623,000, to be transferred and ex8 pended as authorized by section 201(g)(1) of the Social

9 Security Act from the Hospital Insurance Trust Fund and

10 the Supplemental Medical Insurance Trust Fund.

11 OFFICE FOR CIVIL RIGHTS

12 For expenses necessary for the Office for Civil

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

14 $3,251,000, to be transferred and expended as authorized

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

16 Hospital Insurance Trust Fund and the Supplemental

17 Medical Insurance Trust Fund.

18 POLICY RESEARCH

19 For carrying out, to the extent not otherwise pro20 vided, research studies under section 1110 of the Social

21 Security Act, $9,000,000.

22 GENERAL PROVISIONS

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

24 available for not to exceed $37,000 for official reception
40

•HR 2127 EH

1 and representation expenses when specifically approved by

2 the Secretary.

3 SEC. 202. The Secretary shall make available through

4 assignment not more than 60 employees of the Public

5 Health Service to assist in child survival activities and to

6 work in AIDS programs through and with funds provided

7 by the Agency for International Development, the United

8 Nations International Children’s Emergency Fund or the

9 World Health Organization.

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

11 Act may be used to implement section 399L(b) of the Pub12 lic Health Service Act or section 1503 of the National In13 stitutes of Health Revitalization Act of 1993, Public Law

14 103–43.

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

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

17 the Child Abuse Prevention and Treatment Act by reason

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

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

20 Regulations. This provision expires upon the date of enact21 ment of the reauthorization of the Child Abuse Prevention

22 and Treatment Act or upon September 30, 1996, which23 ever occurs first.

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

25 for the National Institutes of Health and the Substance
41

•HR 2127 EH

1 Abuse and Mental Health Services Administration shall

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

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

4 $125,000 per year.

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

6 office located in the Department of Health and Human

7 Services shall be treated as a reprogramming of funds ex8 cept that this provision shall not apply to assessments re9 quired by authorizing legislation, or related to working

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

11 (TRANSFER OF FUNDS)

12 SEC. 207. Of the funds appropriated or otherwise

13 made available for the Department of Health and Human

14 Services, General Departmental Management, for fiscal

15 year 1996, the Secretary of Health and Human Services

16 shall transfer to the Office of the Inspector General such

17 sums as may be necessary for any expenses with respect

18 to the provision of security protection for the Secretary

19 of Health and Human Services.

20 SEC. 208. None of the funds appropriated in this Act

21 may be obligated or expended for the Federal Council on

22 Aging under the Older Americans Act or the Advisory

23 Board on Child Abuse and Neglect under the Child Abuse

24 Prevention and Treatment Act.
42

•HR 2127 EH

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

2 any other Act may be obligated or expended for the posi3 tion of Surgeon General of the Public Health Service.

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

5 and Human Services Appropriations Act, 1996’’.

6 TITLE III—DEPARTMENT OF EDUCATION

7 EDUCATION REFORM

8 For carrying out activities authorized by titles II and

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

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

11 available through September 30, 1997.

12 EDUCATION FOR THE DISADVANTAGED

13 For carrying out title I of the Elementary and Sec14 ondary Education Act of 1965, $6,014,499,000, which

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

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

17 to $3,500,000 of these funds shall be available to the Sec18 retary on October 1, 1995 to obtain updated local-edu19 cational-agency-level census poverty data from the Bureau

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

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

22 IMPACT AID

23 For carrying out programs of financial assistance to

24 federally affected schools authorized by title VIII of the

25 Elementary and Secondary Education Act of 1965,
43

•HR 2127 EH

1 $645,000,000, of which $550,000,000 shall be for basic

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

3 shall be for payments for children with disabilities under

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

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

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

7 8007: Provided, That none of the funds provided shall be

8 used for payments under section 8003(e).

9 SCHOOL IMPROVEMENT PROGRAMS

10 For carrying out school improvement activities au11 thorized by titles II, IV–A–1, V–A, VI, and X of the Ele12 mentary and Secondary Education Act of 1965 and the

13 Stewart B. McKinney Homeless Assistance Act;

14 $842,000,000, of which $723,000,000 shall become avail15 able on July 1, 1996, and remain available through Sep16 tember 30, 1997.

17 BILINGUAL AND IMMIGRANT EDUCATION

18 For carrying out, to the extent not otherwise pro19 vided, bilingual and immigrant education activities author20 ized by title VII of the Elementary and Secondary Edu21 cation Act, $103,000,000: Provided, That State edu22 cational agencies may use all, or any part of, their part

23 C allocation for competitive grants to local educational

24 agencies: Provided further, That the Department of Edu25 cation should only support instructional programs which
44

•HR 2127 EH

1 ensure that students completely master English in a time2 ly fashion (a period of three to five years) while meeting

3 rigorous achievement standards in the academic content

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

5 for subpart 3 of part A.

6 SPECIAL EDUCATION

7 For carrying out parts B, C, D, F, and H of the Indi8 viduals with Disabilities Education Act, $3,092,491,000,

9 of which $3,000,000,000 shall become available for obliga10 tion on July 1, 1996, and shall remain available through

11 September 30, 1997.

12 REHABILITATION SERVICES AND DISABILITY RESEARCH

13 For carrying out, to the extent not otherwise pro14 vided, the Rehabilitation Act of 1973, the Technology-Re15 lated Assistance for Individuals with Disabilities Act, and

16 the Helen Keller National Center Act, as amended,

17 $2,455,760,000.

18 SPECIAL INSTITUTIONS FOR PERSONS WITH

19 DISABILITIES

20 AMERICAN PRINTING HOUSE FOR THE BLIND

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

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

23 NATIONAL TECHNICAL INSTITUTE FOR THE DEAF

24 For the National Technical Institute for the Deaf

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

26 of 1986 (20 U.S.C. 4301 et seq.), $39,737,000: Provided,
45

•HR 2127 EH

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

2 discretion use funds for the endowment program as au3 thorized under section 207.

4 GALLAUDET UNIVERSITY

5 For the Kendall Demonstration Elementary School,

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

7 support of Gallaudet University under titles I and II of

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

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

10 available, the University may at its discretion use funds

11 for the endowment program as authorized under section

12 207.

13 VOCATIONAL AND ADULT EDUCATION

14 For carrying out, to the extent not otherwise pro15 vided, the Carl D. Perkins Vocational and Applied Tech16 nology Education Act, the Adult Education Act, and the

17 National Literacy Act of 1991, $1,062,788,000, of which

18 $4,869,000 shall be for the National Institute for Lit19 eracy; and of which $1,055,000,000 shall become available

20 on July 1, 1996 and shall remain available through Sep21 tember 30, 1997: Provided, That of the amounts made

22 available under the Carl D. Perkins Vocational and Ap23 plied Technology Education Act, $1,000,000 shall be for

24 national programs under title IV without regard to section

25 451.
46

•HR 2127 EH

1 STUDENT FINANCIAL ASSISTANCE

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

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

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

5 available through September 30, 1997.

6 The maximum Pell Grant for which a student shall

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

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

9 as amended, if the Secretary determines, prior to publica10 tion of the payment schedule for award year 1996–1997,

11 that the $5,697,000,000 included within this appropria12 tion for Pell Grant awards for award year 1996–1997, and

13 any funds available from the fiscal year 1995 appropria14 tion for Pell Grant awards, are insufficient to satisfy fully

15 all such awards for which students are eligible, as cal16 culated under section 401(b) of the Act, the amount paid

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

18 or variable percentage, or by a fixed dollar amount, as de19 termined in accordance with a schedule of reductions es20 tablished by the Secretary for this purpose: Provided fur21 ther, That no Pell grant shall be awarded to any student

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

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

24 $600.
47

•HR 2127 EH

1 FEDERAL FAMILY EDUCATION LOAN PROGRAM ACCOUNT

2 For Federal administrative expenses to carry out

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

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

5 HIGHER EDUCATION

6 For carrying out, to the extent not otherwise pro7 vided, parts A and B of title III, without regard to section

8 360(a)(1)(B)(ii), chapter 1 of subpart 2 of part A of title

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

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

11 1 of part B of title X of the Higher Education Act of

12 1965, as amended, and the Mutual Educational and Cul13 tural Exchange Act of 1961; $757,700,000, of which

14 $16,712,000 for interest subsidies under title VII of the

15 Higher Education Act, as amended, shall remain available

16 until expended.

17 HOWARD UNIVERSITY

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

19 121 et seq.), $170,366,000.

20 HIGHER EDUCATION FACILITIES LOANS

21 The Secretary is hereby authorized to make such ex22 penditures, within the limits of funds available under this

23 heading and in accord with law, and to make such con24 tracts and commitments without regard to fiscal year limi25 tation, as provided by section 104 of the Government Cor-
48

•HR 2127 EH

1 poration Control Act (31 U.S.C. 9104), as may be nec2 essary in carrying out the program for the current fiscal

3 year.

4 COLLEGE HOUSING AND ACADEMIC FACILITIES LOANS

5 PROGRAM

6 For administrative expenses to carry out the existing

7 direct loan program of college housing and academic facili8 ties loans entered into pursuant to title VII, part C, of

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

10 COLLEGE HOUSING LOANS

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

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

13 housing loans program, previously carried out under title

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

15 expenditures and enter into contracts without regard to

16 fiscal year limitation using loan repayments and other re17 sources available to this account. Any unobligated bal18 ances becoming available from fixed fees paid into this ac19 count pursuant to 12 U.S.C. 1749d, relating to payment

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

21 for the operating expenses of this account.

22 HISTORICALLY BLACK COLLEGE AND UNIVERSITY

23 CAPITAL FINANCING, PROGRAM ACCOUNT

24 The total amount of bonds insured pursuant to sec25 tion 724 of title VII, part B of the Higher Education Act
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•HR 2127 EH

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

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

3 of such bonds shall not exceed zero.

4 For administrative expenses to carry out the Histori5 cally Black College and University Capital Financing Pro6 gram entered into pursuant to title VII, part B of the

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

8 EDUCATION RESEARCH, STATISTICS, AND IMPROVEMENT

9 For carrying out activities authorized by the Edu10 cational Research, Development, Dissemination, and Im11 provement Act; the National Education Statistics Act;

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

13 title X of the Elementary and Secondary Education Act

14 of 1965, as amended, $250,238,000: Provided, That

15 $3,000,000 shall be for section 10601 of the Elementary

16 and Secondary Education Act: Provided further, That

17 $25,000,000 shall be for section 3136 of the Elementary

18 and Secondary Education Act (K–12 technology learning

19 challenge): Provided further, That none of the funds ap20 propriated in this paragraph may be obligated or expended

21 for the Goals 2000 Community Partnerships Program.

22 LIBRARIES

23 For carrying out, to the extent not otherwise pro24 vided, titles I and III of the Library Services and Con25 struction Act, $101,227,000.
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1 DEPARTMENTAL MANAGEMENT

2 PROGRAM ADMINISTRATION

3 For carrying out, to the extent not otherwise pro4 vided, the Department of Education Organization Act, in5 cluding rental of conference rooms in the District of Co6 lumbia and hire of two passenger motor vehicles,

7 $327,319,000.

8 OFFICE FOR CIVIL RIGHTS

9 For expenses necessary for the Office for Civil

10 Rights, as authorized by section 203 of the Department

11 of Education Organization Act, $53,951,000.

12 OFFICE OF THE INSPECTOR GENERAL

13 For expenses necessary for the Office of the Inspector

14 General, as authorized by section 212 of the Department

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

16 GENERAL PROVISIONS

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

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

19 the purchase of equipment for such transportation) in

20 order to overcome racial imbalance in any school or school

21 system, or for the transportation of students or teachers

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

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

24 school or school system.
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1 SEC. 302. None of the funds contained in this Act

2 shall be used to require, directly or indirectly, the trans3 portation of any student to a school other than the school

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

5 requiring special education, to the school offering such

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

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

8 an indirect requirement of transportation of students in9 cludes the transportation of students to carry out a plan

10 involving the reorganization of the grade structure of

11 schools, the pairing of schools, or the clustering of schools,

12 or any combination of grade restructuring, pairing or clus13 tering. The prohibition described in this section does not

14 include the establishment of magnet schools.

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

16 be used to prevent the implementation of programs of vol17 untary prayer and meditation in the public schools.

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

19 be made available for opportunity to learn standards or

20 strategies.

21 SEC. 305. Notwithstanding any other provision of

22 law, funds available for section 458 of the Higher Edu23 cation Act shall not exceed $320,000,000 for fiscal year

24 1996, of which $160,000,000 shall be available for the

25 payment of administrative cost allowances to guaranty
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1 agencies. The Department of Education shall, within 30

2 days of enactment, develop a plan for the payment of ad3 ministrative cost allowances which shall be submitted to

4 the Chairs of the House Committee on Economic and

5 Educational Opportunities and the Senate Committee on

6 Labor and Human Resources. Notwithstanding section

7 458 of the Higher Education Act, the Secretary may not

8 use funds available under that section for subsequent fis9 cal years for administrative expenses of the William D.

10 Ford Direct Loan Program during fiscal year 1996, nor

11 may the Secretary require the return of guaranty agency

12 reserve funds during fiscal year 1996.

13 No funds available to the Secretary may be used for

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

15 Ford Direct Loan Program, or for the hiring of advertis16 ing agencies or other third parties to provide advertising

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

18 the William D. Ford Direct Loan Program to institutions

19 of higher education.

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

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

22 would increase on-board employment at the Department

23 as of the date of enactment of this Act.

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

25 to conduct an evaluation of the William D. Ford Direct
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•HR 2127 EH

1 Loan Program except as administered by the Advisory

2 Committee on Student Financial Assistance.

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

4 by the Department of Education to implement new Indi5 vidual Procurement Agreements (IPAs).

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

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

8 932, and 1002 of the Higher Education Act of 1965, sec9 tion 621(b) of Public Law 101–589, the President’s Advi10 sory Commission on Educational Excellence for Hispanic

11 Americans, and the President’s Board of Advisors on His12 torically Black Colleges and Universities.

13 SEC. 307. Section 444(b)(1)(E) of the General Edu14 cation Provisions Act (20 U.S.C. 1232g(b)(1)(E)) is

15 amended to read as follows:

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

17 whom such information is specifically—

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

19 pursuant to State statute adopted before No20 vember 19, 1974;

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

22 pursuant to State statute adopted before No23 vember 19, 1974, if the allowed reporting or

24 disclosure concerns the juvenile justice system
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1 and such system’s ability to effectively serve the

2 student whose records are released, or

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

4 pursuant to State statute adopted after Novem5 ber 19, 1974, if—

6 ‘‘(I) the allowed reporting or disclo7 sure concerns the juvenile justice system

8 and such system’s ability to effectively

9 serve, prior to adjudication, the student

10 whose records are released; and

11 ‘‘(II) the officials and authorities to

12 whom such information is disclosed certify

13 in writing to the educational agency or in14 stitution that the information will not be

15 disclosed to any other party except as pro16 vided under State law without the prior

17 written consent of the parent of the stu18 dent;’’.

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

20 Act may be used by the Office of Civil Rights of the De21 partment of Education after December 31, 1995, to en22 force title IX of the Education Amendments of 1972 (20

23 U.S.C. 1681 et seq.) with respect to gender equity in inter24 collegiate athletic programs, except when it is made known

25 to the Office that the Department has issued updated pol-
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•HR 2127 EH

1 icy guidance to institutions of higher education which in2 cludes specific criteria clarifying how such institutions can

3 demonstrate a history and continuing practice of program

4 expansion for members of the underrepresented sex and

5 full and effective accommodation of the interests and abili6 ties of the underrepresented sex.

7 This title may be cited as the ‘‘Department of Edu8 cation Appropriations Act, 1996’’.

9 TITLE IV—RELATED AGENCIES

10 ARMED FORCES RETIREMENT HOME

11 For expenses necessary for the Armed Forces Retire12 ment Home to operate and maintain the United States

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

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

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

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

17 for construction and renovation of the physical plants at

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

19 United States Naval Home: Provided, That this appro20 priation shall not be available for the payment of hos21 pitalization of members of the Soldiers’ and Airmen’s

22 Home in United States Army hospitals at rates in excess

23 of those prescribed by the Secretary of the Army upon

24 recommendation of the Board of Commissioners and the

25 Surgeon General of the Army.
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1 CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

2 DOMESTIC VOLUNTEER SERVICE PROGRAMS, OPERATING

3 EXPENSES

4 For expenses necessary for the Corporation for Na5 tional and Community Service to carry out the provisions

6 of the Domestic Volunteer Service Act of 1973, as amend7 ed, $168,974,000.

8 CORPORATION FOR PUBLIC BROADCASTING

9 For payment to the Corporation for Public Broad10 casting, as authorized by the Communications Act of

11 1934, without regard to section 396(k)(3)(B)(iii), an

12 amount which shall be available within limitations speci13 fied by that Act, for the fiscal year 1998, $240,000,000:

14 Provided, That all funds appropriated herein shall be

15 made available only if authorized: Provided further, That

16 no funds made available to the Corporation for Public

17 Broadcasting by this Act shall be used to pay for recep18 tions, parties, or similar forms of entertainment for Gov19 ernment officials or employees: Provided further, That

20 none of the funds contained in this paragraph shall be

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

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

23 or is discriminated against, on the basis of race, color, na24 tional origin, religion, or sex: Provided further, That for

25 any fiscal year, the Secretary of the Treasury shall, not-
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•HR 2127 EH

1 withstanding section 396(k)(2)(B) of the Communications

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

3 Public Broadcasting in accordance with the payment

4 methods required under Office of Management and Budg5 et Circular A–110 to minimize the time between the trans6 fer of funds from the Federal Treasury and the outlay

7 or expenditure of such funds by the Corporation.

8 FEDERAL MEDIATION AND CONCILIATION SERVICE

9 SALARIES AND EXPENSES

10 For expenses necessary for the Federal Mediation

11 and Conciliation Service to carry out the functions vested

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

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

14 motor vehicles; and for expenses necessary for the Labor15 Management Cooperation Act of 1978 (29 U.S.C. 175a);

16 and for expenses necessary for the Service to carry out

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

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

19 FEDERAL MINE SAFETY AND HEALTH REVIEW

20 COMMISSION

21 SALARIES AND EXPENSES

22 For expenses necessary for the Federal Mine Safety

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

24 $6,467,000.
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1 NATIONAL COMMISSION ON LIBRARIES AND

2 INFORMATION SCIENCE

3 SALARIES AND EXPENSES

4 For necessary expenses for the National Commission

5 on Libraries and Information Science, established by the

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

7 by Public Law 102–95), $450,000.

8 NATIONAL COUNCIL ON DISABILITY

9 SALARIES AND EXPENSES

10 For expenses necessary for the National Council on

11 Disability as authorized by title IV of the Rehabilitation

12 Act of 1973, as amended, $1,397,000.

13 NATIONAL LABOR RELATIONS BOARD

14 SALARIES AND EXPENSES

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

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

18 U.S.C. 141–167), and other laws, $123,233,000: Pro19 vided, That no part of this appropriation shall be available

20 to organize or assist in organizing agricultural laborers or

21 used in connection with investigations, hearings, direc22 tives, or orders concerning bargaining units composed of

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

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

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

2 1938 (29 U.S.C. 203), and including in said definition em3 ployees engaged in the maintenance and operation of

4 ditches, canals, reservoirs, and waterways when main5 tained or operated on a mutual, nonprofit basis and at

6 least 95 per centum of the water stored or supplied there7 by is used for farming purposes: Provided further, That

8 notwithstanding any other provisions of law, no part of

9 this appropriation may be used by the National Labor Re10 lations Board for the investigation or prosecution of al11 leged unfair labor practice charges under section 8 of the

12 National Labor Relations Act, where such charges are

13 based, in whole or in part, on an employer’s taking any

14 adverse action, including refusal to hire, discipline, or dis15 charge, against an individual(s) who is an employee or

16 agent or is otherwise working under the control and super17 vision of a labor organization, until such time as the Unit18 ed States Supreme Court has held that such individual(s)

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

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

21 this appropriation may be used by the National Labor Re22 lations Board to petition a United States district court

23 for temporary relief or a restraining order as described

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

25 unless there is a reasonable likelihood of success on the
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1 merits of the complaint that an unfair labor practice has

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

3 relief is not granted, a balancing of hardships favors in4 junctive relief, and harm to the public interest stemming

5 from injunctive relief is tolerable in light of the benefits

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

7 this appropriation shall be available for the exercise of the

8 National Labor Relations Board’s authority under section

9 10(j) of the National Labor Relations Act (29 U.S.C.

10 160(j)) unless four-fifths of the Board’s members have

11 voted to exercise such authority, where five Board mem12 bers are voting: Provided further, That no part of this ap13 propriation shall be available for the exercise of the Na14 tional Labor Relations Board’s authority under section

15 10(j) of the National Labor Relations Act (29 U.S.C.

16 160(j)) unless before determining that an action for in17 junctive relief is warranted the Board allows a named

18 party to an injunction an opportunity to review and re19 spond to the General Counsel’s memorandum of rec20 ommendations and to present oral evidence.

21 NATIONAL MEDIATION BOARD

22 SALARIES AND EXPENSES

23 For expenses necessary to carry out the provisions

24 of the Railway Labor Act, as amended (45 U.S.C. 151–
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1 188), including emergency boards appointed by the Presi2 dent, $8,000,000.

3 OCCUPATIONAL SAFETY AND HEALTH REVIEW

4 COMMISSION

5 SALARIES AND EXPENSES

6 For expenses necessary for the Occupational Safety

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

8 $8,200,000.

9 PHYSICIAN PAYMENT REVIEW COMMISSION

10 SALARIES AND EXPENSES

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

12 of the Social Security Act, $2,923,000, to be transferred

13 to this appropriation from the Federal Supplementary

14 Medical Insurance Trust Fund.

15 PROSPECTIVE PAYMENT ASSESSMENT COMMISSION

16 SALARIES AND EXPENSES

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

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

19 to this appropriation from the Federal Hospital Insurance

20 and the Federal Supplementary Medical Insurance Trust

21 Funds.

22 SOCIAL SECURITY ADMINISTRATION

23 PAYMENTS TO SOCIAL SECURITY TRUST FUNDS

24 For payment to the Federal Old-Age and Survivors

25 Insurance and the Federal Disability Insurance trust
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1 funds, as provided under sections 201(m), 228(g), and

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

3 In addition, to reimburse these trust funds for admin4 istrative expenses to carry out sections 9704 and 9706 of

5 the Internal Revenue Code of 1986, $10,000,000, to re6 main available until expended.

7 SPECIAL BENEFITS FOR DISABLED COAL MINERS

8 For carrying out title IV of the Federal Mine Safety

9 and Health Act of 1977, $485,396,000, to remain avail10 able until expended.

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

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

15 be necessary.

16 For making benefit payments under title IV of the

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

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

19 available until expended.

20 SUPPLEMENTAL SECURITY INCOME PROGRAM

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

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

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

2 $18,753,834,000, to remain available until expended: Pro3 vided, That any portion of the funds provided to a State

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

5 during that year shall be returned to the Treasury.

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

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

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

10 For carrying out title XVI of the Social Security Act

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

12 to remain available until expended.

13 LIMITATION ON ADMINISTRATIVE EXPENSES

14 For necessary expenses, including the hire of two me15 dium size passenger motor vehicles, and not to exceed

16 $10,000 for official reception and representation expenses,

17 not more than $5,275,268,000 may be expended, as au18 thorized by section 201(g)(1) of the Social Security Act

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

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

21 of the trust funds referred to therein: Provided, That reim22 bursement to the trust funds under this heading for ad23 ministrative expenses to carry out sections 9704 and 9706

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

25 interest, not later than September 30, 1997.
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1 In addition to funding already available under this

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

3 $407,000,000, for disability caseload processing.

4 In addition to funding already available under this

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

6 $228,000,000, which shall remain available until ex7 pended, to invest in a state-of-the-art computing network,

8 including related equipment and administrative expenses

9 associated solely with this network, for the Social Security

10 Administration and the State Disability Determination

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

12 funds as authorized by section 201(g)(1) of the Social

13 Security Act.

14 OFFICE OF INSPECTOR GENERAL

15 For expenses necessary for the Office of Inspector

16 General in carrying out the provisions of the Inspector

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

18 with not to exceed $21,076,000, to be transferred and ex19 pended as authorized by section 201(g)(1) of the Social

20 Security Act from the Federal Old-Age and Survivors In21 surance Trust Fund and the Federal Disability Insurance

22 Trust Fund.

23 RAILROAD RETIREMENT BOARD

24 DUAL BENEFITS PAYMENTS ACCOUNT

25 For payment to the Dual Benefits Payments Ac26 count, authorized under section 15(d) of the Railroad Re-
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1 tirement Act of 1974, $239,000,000, which shall include

2 amounts becoming available in fiscal year 1996 pursuant

3 to section 224(c)(1)(B) of Public Law 98–76; and in addi4 tion, an amount, not to exceed 2 percent of the amount

5 provided herein, shall be available proportional to the

6 amount by which the product of recipients and the average

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

8 total amount provided herein shall be credited in 12 ap9 proximately equal amounts on the first day of each month

10 in the fiscal year.

11 FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT

12 ACCOUNTS

13 For payment to the accounts established in the

14 Treasury for the payment of benefits under the Railroad

15 Retirement Act for interest earned on unnegotiated

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

17 30, 1997, which shall be the maximum amount available

18 for payment pursuant to section 417 of Public Law

19 98–76.

20 LIMITATION ON ADMINISTRATION

21 For necessary expenses for the Railroad Retirement

22 Board in administering the Railroad Retirement Act and

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

24 to be derived as authorized by section 15(h) of the Rail25 road Retirement Act and section 10(a) of the Railroad
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1 Unemployment Insurance Act, from the accounts referred

2 to in those sections.

3 SPECIAL MANAGEMENT IMPROVEMENT FUND

4 To effect management improvements, including the

5 reduction of backlogs, accuracy of taxation accounting,

6 and debt collection, $659,000, to be derived from the rail7 road retirement accounts and railroad unemployment in8 surance account: Provided, That these funds shall supple9 ment, not supplant, existing resources devoted to such op10 erations and improvements.

11 LIMITATION ON THE OFFICE OF INSPECTOR GENERAL

12 For expenses necessary for the Office of Inspector

13 General for audit, investigatory and review activities, as

14 authorized by the Inspector General Act of 1978, as

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

16 the railroad retirement accounts and railroad unemploy17 ment insurance account.

18 UNITED STATES INSTITUTE OF PEACE

19 OPERATING EXPENSES

20 For necessary expenses of the United States Institute

21 of Peace as authorized in the United States Institute of

22 Peace Act, $6,500,000.

23 TITLE V—GENERAL PROVISIONS

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

25 Human Services, and Education are authorized to transfer
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1 unexpended balances of prior appropriations to accounts

2 corresponding to current appropriations provided in this

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

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

5 which they were originally appropriated.

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

7 this Act shall remain available for obligation beyond the

8 current fiscal year unless expressly so provided herein.

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

10 in this Act shall be used, other than for normal and recog11 nized executive-legislative relationships, for publicity or

12 propaganda purposes, for the preparation, distribution, or

13 use of any kit, pamphlet, booklet, publication, radio, tele14 vision, or film presentation designed to support or defeat

15 legislation pending before the Congress, except in presen16 tation to the Congress itself.

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

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

19 grant or contract recipient, or agent acting for such recipi20 ent, related to any activity designed to influence legislation

21 or appropriations pending before the Congress.

22 SEC. 504. The Secretaries of Labor and Education

23 are each authorized to make available not to exceed

24 $15,000 from funds available for salaries and expenses

25 under titles I and III, respectively, for official reception
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1 and representation expenses; the Director of the Federal

2 Mediation and Conciliation Service is authorized to make

3 available for official reception and representation expenses

4 not to exceed $2,500 from the funds available for ‘‘Sala5 ries and expenses, Federal Mediation and Conciliation

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

7 Board is authorized to make available for official reception

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

9 funds available for ‘‘Salaries and expenses, National Medi10 ation Board’’.

11 SEC. 505. Notwithstanding any other provision of

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

13 used to carry out any program of distributing sterile nee14 dles for the hypodermic injection of any illegal drug unless

15 the Secretary of Health and Human Services determines

16 that such programs are effective in preventing the spread

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

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

19 EQUIPMENT AND PRODUCTS.—It is the sense of the Con20 gress that, to the greatest extent practicable, all equip21 ment and products purchased with funds made available

22 in this Act should be American-made.

23 (b) NOTICE REQUIREMENT.—In providing financial

24 assistance to, or entering into any contract with, any en25 tity using funds made available in this Act, the head of
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1 each Federal agency, to the greatest extent practicable,

2 shall provide to such entity a notice describing the state3 ment made in subsection (a) by the Congress.

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

5 requests for proposals, bid solicitations and other docu6 ments describing projects or programs funded in whole or

7 in part with Federal money, all grantees receiving Federal

8 funds, including but not limited to State and local govern9 ments and recipients of Federal research grants, shall

10 clearly state (1) the percentage of the total costs of the

11 program or project which will be financed with Federal

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

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

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

15 financed by nongovernmental sources.

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

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

18 made known to the Federal entity or official to which

19 funds are appropriated under this Act that such procedure

20 is necessary to save the life of the mother or that the preg21 nancy is the result of an act of rape or incest.

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

23 thereafter, and notwithstanding any other law, each State

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

25 that the State in its sole discretion deems appropriate, ex-
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1 cept where the life of the mother would be endangered if

2 the fetus were carried to term.

3 SEC. 510. Notwithstanding any other provision of

4 law—

5 (1) no amount may be transferred from an ap6 propriation account for the Departments of Labor,

7 Health and Human Services, and Education except

8 as authorized in this or any subsequent appropria9 tion act, or in the Act establishing the program or

10 activity for which funds are contained in this Act;

11 (2) no department, agency, or other entity,

12 other than the one responsible for administering the

13 program or activity for which an appropriation is

14 made in this Act, may exercise authority for the tim15 ing of the obligation and expenditure of such appro16 priation, or for the purposes for which it is obligated

17 and expended, except to the extent and in the man18 ner otherwise provided in sections 1512 and 1513 of

19 title 31, United States Code; and

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

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

22 employee who is reassigned on a temporary detail

23 basis to another position in the employing agency or

24 department or in any other agency or department,
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1 unless the detail is independently approved by the

2 head of the employing department or agency.

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

4 Act may be used for—

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

6 for research purposes; or

7 (2) research in which a human embryo or em8 bryos are destroyed, discarded, or knowingly sub9 jected to risk of injury or death greater than that

10 allowed for research on fetuses in utero under 45

11 CFR 46.208(a)(2) and 42 U.S.C. 289g(b).

12 For purposes of this section, the phrase ‘‘human embryo

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

14 a human subject under 45 CFR 46 as of the date of enact15 ment of this Act, that is derived by fertilization, par16 thenogenesis, cloning, or any other means from one or

17 more human gametes.

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

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

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

21 made known to the Federal official having authority to

22 obligate or expend such funds that—

23 (1) such Federal program or State subject any

24 health care entity to discrimination on the basis

25 that—
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1 (A) the entity refuses to undergo training

2 in the performance of induced abortions, to pro3 vide such training, to perform such abortions,

4 or to provide referrals for such abortions;

5 (B) the entity refuses to make arrange6 ments for any of the activities specified in sub7 paragraph (A); or

8 (C) the entity attends (or attended) a post9 graduate physician training program, or any

10 other program of training in the health profes11 sions, that does not (or did not) require or pro12 vide training in the performance of induced

13 abortions, or make arrangements for the provi14 sion of such training; or

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

16 entity (including a license or certificate), or in pro17 viding to the entity financial assistance, a service, or

18 another benefit, such Federal program or State re19 quire that the entity be an accredited postgraduate

20 physician training program, or that the entity have

21 completed or be attending such a program, if the ap22 plicable standards for accreditation of the program

23 include the standard that the program must require

24 or provide training in the performance of induced
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1 abortions, or make arrangements for the provision of

2 such training.

3 SEC. 513. (a) CONGRESSIONAL FINDINGS REGARD4 ING APPROPRIATE MINIMUM LENGTH OF STAY FOR ROU5 TINE DELIVERIES.—The Congress finds that—

6 (1) the Guidelines for Perinatal Care of the

7 American Academy of Pediatrics and the American

8 College of Obstetricians and Gynecologists rec9 ommend, when no complications are present, a

10 postpartum hospital stay of 48 hours for vaginal de11 livery and 96 hours for caesarean birth, excluding

12 the day of delivery;

13 (2) the American College of Obstetricians and

14 Gynecologists reports that it has become common for

15 insurers to limit length of stay to up to 24 hours fol16 lowing vaginal delivery and up to 72 hours following

17 caesarean delivery, and the American College of Ob18 stetricians and Gynecologists has received reports of

19 insurers proposing limits of 12 hours, and in some

20 cases 6 hours, for routine deliveries;

21 (3) the American Medical Association recently

22 expressed concern about the trend toward increas23 ingly brief perinatal hospital stays as routine prac24 tice in the absence of adequate data to demonstrate

25 the practice is safe;
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1 (4) the American College of Obstetricians and

2 Gynecologists has stated that the trend toward ear3 lier discharge is ‘‘equivalent to a large, uncontrolled,

4 uninformed experiment that may potentially affect

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

6 (5) a recent study by Dartmouth-Hitchcock

7 Medical Center found that within an infant’s first

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

9 of readmission and 70 percent increased risk of

10 emergency room visits if the infant is discharged at

11 less than two days of age;

12 (6) studies have shown that early release of in13 fants can result in jaundice, feeding problems, res14 piratory difficulties, and infections of the cord, ears,

15 and eyes;

16 (7) the American Medical Association has urged

17 hospitals and insurance companies, in the absence of

18 empirical data, to allow the perinatal discharge of

19 mothers and infants to be determined by the clinical

20 judgment of attending physicians not by economic

21 considerations; and

22 (8) the American Medical Association rec23 ommends that the decision regarding perinatal dis24 charge should be made based on the criteria of medi25 cal stability, delivery of adequate predischarge edu-
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1 cation, need for neonatal screening, and determina2 tion that adequate feeding is occurring and with

3 consideration of the mother’s social and emotional

4 needs and preferences.

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

6 sense of Congress that—

7 (1) the Maternal and Child Health Bureau

8 should promptly collaborate with other concerned

9 national organizations to encourage well-designed

10 studies, separating economic concerns from concerns

11 about the health and well-being of mothers and chil12 dren, to identify safe neonatal practices with regard

13 to the hospital discharge of mothers and infants and

14 establish appropriate medical care procedures during

15 the perinatal period;

16 (2) decisions on how long mothers and

17 newborns should stay in the hospital after delivery

18 and before discharge should be made by doctors and

19 patients together based on the medical and health

20 care needs of the mother and newborn and not by

21 hospitals, health insurers, health services organiza22 tions, and health benefit plans based primarily on

23 economic considerations; and

24 (3) until further empirical data are collected so

25 as to indicate a need for change in current Guide-
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1 lines, hospitals, health insurers, health services orga2 nizations, and health benefit plans should abide by

3 the current Guidelines for Perinatal Care of the

4 American Academy of Pediatrics and the American

5 College of Obstetricians and Gynecologists, that

6 state that the general time for discharge for mother

7 and baby should be at least 48 hours following un8 complicated vaginal delivery and at least 96 hours

9 following uncomplicated caesarian birth and that

10 permit early discharge if specified criteria are met.

11 SEC. 514. Limitation on use of funds.—None of the

12 funds made available in this Act may be used for the ex13 penses of an electronic benefit transfer (EBT) task force.

14 SEC. 515. CPI Index.—None of the funds made

15 available in this Act may be used by the Bureau of Labor

16 Statistics to implement a change in the consumer price

17 index (which is used to determine cost of living adjust18 ments for such programs as social security) except when

19 it is made known to the Federal official to whom the funds

20 are made available that the House of Representatives and

21 the Senate have authorized a change in such index based

22 upon a comprehensive revision of the market basket.

23 SEC. 516. None of the funds made available in this

24 Act may be used to enforce the requirements of section

25 428(b)(1)(U)(iii) of the Higher Education Act of 1965
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1 with respect to any lender when it is made known to the

2 Federal official having authority to obligate or expend

3 such funds that the lender has a loan portfolio under part

4 B of title IV of such Act that is equal to or less than

5 $5,000,000.

6 SEC. 517. None of the funds made available in this

7 Act may be used for grants to students at an institution

8 of higher education under the Pell Grant program under

9 subpart 1 of part A of the Higher Education Act of 1965

10 when it is made known to the Federal official having au11 thority to obligate or expend such funds that such institu12 tion is ineligible to particpate in a loan program under

13 part B of title IV of such Act as a result of a default

14 rate determination under section 435(a) of such Act.

15 SEC. 518.—The amount otherwise provided by this

16 Act for ′′Corporation for National and Community Serv17 ice—Domestic Volunteer Service Programs, Operating

18 Expenses′′ is hereby increased by $13,793,000.

19 SEC. 519. OTHER PROGRAMS.—In addition to

20 amounts otherwise provided in this Act, for carrying out

21 programs under the head ‘‘SCHOOL IMPROVEMENT PRO22 GRAMS’’; for carrying out programs under the head ‘‘VO23 CATIONAL AND ADULT EDUCATION’’, respectively,

24 $50,000,000 and $100,000,000, to be derived from

25 amounts under the head ‘‘AGENCY FOR HEALTH CARE
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1 POLICY AND RESEARCH—HEALTH CARE POLICY AND RE2 SEARCH’’, $60,000,000: Provided, That, notwithstanding

3 any other provision in this Act, none of the funds under

4 the head ‘‘AGENCY FOR HEALTH CARE POLICY AND RE5 SEARCH—HEALTH CARE POLICY AND RESEARCH’’ shall be

6 expended from the Federal Hospital Insurance and the

7 Federal Supplementary Medical Insurance Trust Funds.

8 TITLE VI—POLITICAL ADVOCACY

9 PROHIBITION ON THE USE OF FEDERAL FUNDS FOR

10 POLITICAL ADVOCACY

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

12 other provision of law, the following limitations apply to

13 any grant which is made from funds appropriated under

14 this or any other Act or controlled under any congressional

15 authorization until Congress provides specific exceptions

16 in subsequent Acts:

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

18 to engage in political advocacy.

19 (2) No grant applicant, except an individual

20 person, may receive any grant if its expenditures for

21 political advocacy for any one of the previous five

22 Federal fiscal years exceeded its prohibited political

23 advocacy threshold (but no Federal fiscal year before

24 1996 shall be considered). For purposes of this title,

25 the prohibited political advocacy threshold for a
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1 given Federal fiscal year is to be determined by the

2 following formula:

3 (A) calculate the difference between the

4 grant applicant’s total expenditures made in a

5 given Federal fiscal year and the total grants it

6 received in that Federal fiscal year;

7 (B) for the first $20,000,000 of the dif8 ference calculated in (A), multiply by .05;

9 (C) for the remainder of the difference cal10 culated in (A), multiply by .01;

11 (D) the sum of the products described in

12 (B) and (C) equals the prohibited political ad13 vocacy threshold.

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

15 a grantee, except an individual person, has posses16 sion, custody or control of grant funds, the grantee,

17 except an individual person, shall not use any funds

18 (whether derived from grants or otherwise) to en19 gage in political advocacy in excess of its prohibited

20 political advocacy threshold for the prior Federal fis21 cal year.

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

23 to purchase or secure any goods or services (includ24 ing dues and membership fees) from any other indi25 vidual, entity, or organization whose expenditures
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1 for political advocacy for the previous Federal fiscal

2 year exceeded 15 percent of its total expenditures

3 for that Federal fiscal year.

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

5 for any purpose (including but not limited to extend6 ing subsequent grants to any other individual, en7 tity, or organization) other than to purchase or se8 cure goods or services, except as specifically per9 mitted by Congress in the law authorizing the grant.

10 (6) Any individual, entity, or organization that

11 awards or administers a grant shall take reasonable

12 steps to ensure that the grantee complies with the

13 requirements of this title. Reasonable steps to en14 sure compliance shall include written notice to a

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

16 provisions of this title apply to the grantee.

17 (b) ENFORCEMENT.—The following enforcement pro18 visions apply with respect to the limitations imposed under

19 subsection (a):

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

21 time to time as follows:

22 (A) Audits may be requested and con23 ducted by the General Accounting Office or

24 other auditing entity authorized by Congress,
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1 including the inspector general of the Federal

2 entity awarding or administering the grant.

3 (B) Grantees shall follow generally accept4 ed accounting principles in keeping books and

5 records relating to each grant and no Federal

6 entity may impose more burdensome accounting

7 requirements for purposes of enforcing this

8 title.

9 (C) A grantee that engages in political ad10 vocacy shall have the burden of proving, by

11 clear and convincing evidence, that it is in com12 pliance with the limitations of this section.

13 (2) Violations by a grantee of the limitations

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

15 grant may be recovered in the same manner and to

16 the same extent as a false or fraudulent claim for

17 payment or approval made to the Federal Govern18 ment pursuant to sections 3729 through 3812 of

19 title 31, United States Code.

20 (3) Any officer or employee of the Federal Gov21 ernment who awards or administers funds from any

22 grant to a grantee who is not in compliance with

23 this section shall—

24 (A) for knowing or negligent noncompli25 ance with this section, be subjected to appro-
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1 priate administrative discipline, including, when

2 circumstances warrant, suspension from duty

3 without pay or removal from office; and

4 (B) for knowing noncompliance with this

5 section, pay a civil penalty of not more than

6 $5,000 for each improper disbursement of

7 funds.

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

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

10 advocacy’’ includes—

11 (A) carrying on propaganda, or otherwise

12 attempting to influence legislation or agency ac13 tion, including, but not limited to monetary or

14 in-kind contributions, endorsements, publicity,

15 or similar activity;

16 (B) participating or intervening in (includ17 ing the publishing or distributing of statements)

18 any political campaign on behalf of (or in oppo19 sition to) any candidate for public office, includ20 ing but not limited to monetary or in-kind con21 tributions, endorsements, publicity, or similar

22 activity;

23 (C) participating in any judicial litigation

24 or agency proceeding (including as an amicus

25 curiae) in which agents or instrumentalities of
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1 Federal, State, or local governments are par2 ties, other than litigation in which the grantee

3 or grant applicant: is a defendant appearing in

4 its own behalf; is defending its tax-exempt sta5 tus; or is challenging a government decision or

6 action directed specifically at the powers, rights,

7 or duties of that grantee or grant applicant;

8 and

9 (D) allocating, disbursing, or contributing

10 any funds or in-kind support to any individual,

11 entity or organization whose expenditures for

12 political advocacy for the previous Federal fiscal

13 year exceeded 15 percent of its total expendi14 tures for that Federal fiscal year.

15 (2) INFLUENCE LEGISLATION OR AGENCY AC16 TION.—

17 (A) GENERAL RULE.—Except as otherwise

18 provided in subparagraph (B), the term ‘‘influ19 ence legislation or agency action’’ includes—

20 (i) any attempt to influence any legis21 lation or agency action through an attempt

22 to affect the opinions of the general public

23 or any segment thereof, and

24 (ii) any attempt to influence any legis25 lation or agency action through commu-
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1 nication with any member or employee of

2 a legislative body or agency, or with any

3 government official or employee who may

4 participate in the formulation of the legis5 lation or agency action.

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

7 legislation or agency action’’ does not include—

8 (i) making available the results of

9 nonpartisan analysis, study, research, or

10 debate;

11 (ii) providing technical advice or as12 sistance (where such advice would other13 wise constitute the influencing of legisla14 tion or agency action) to a governmental

15 body or to a committee or other subdivi16 sion thereof in response to a written re17 quest by such body or subdivision, as the

18 case may be;

19 (iii) communications between the

20 grantee and its bona fide members with re21 spect to legislation, proposed legislation,

22 agency action, or proposed agency action

23 of direct interest to the grantee and such

24 members, other than communications de25 scribed in subparagraph (C);
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1 (iv) any communication with a govern2 mental official or employee; other than—

3 (I) a communication with a mem4 ber or employee of a legislative body

5 or agency (where such communication

6 would otherwise constitute the influ7 encing of legislation or agency action);

8 or

9 (II) a communication the prin10 cipal purpose of which is to influence

11 legislation or agency action; and

12 (v) official communications by employ13 ees of State or local governments, or by or14 ganizations whose membership consists ex15 clusively of State or local governments.

16 (C) COMMUNICATIONS WITH MEMBERS.—

17 (i) A communication between a grant18 ee and any bona fide member of such orga19 nization to directly encourage such member

20 to communicate as provided in paragraph

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

22 communication by the grantee itself.

23 (ii) A communication between a

24 grantee and any bona fide member of such

25 organization to directly encourage such
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1 member to urge persons other than mem2 bers to communicate as provided in either

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

4 be treated as a communication described in

5 paragraph (2)(A)(i).

6 (3) The term ‘‘legislation’’ includes the intro7 duction, amendment, enactment, passage, defeat,

8 ratification, or repeal of Acts, bills, resolutions, trea9 ties, declarations, confirmations, articles of impeach10 ment, or similar items by the Congress, any State

11 legislature, any local council or similar governing

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

13 constitutional amendment, recall, confirmation, or

14 similar procedure.

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

16 any Federal funds, appropriated under this or any

17 other Act, or other thing of value to carry out a pub18 lic purpose of the United States, except: the provi19 sion of funds for acquisition (by purchase, lease or

20 barter) of property or services for the direct benefit

21 or use of the United States; the payments of loans,

22 debts, entitlements; or the provision of funds to or

23 distribution of funds by an Article I or III court and

24 the provision of grant and scholarship funds to stu25 dents for educational purposes.
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1 (5) The term ‘‘grantee’’ includes any recipient

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

3 or local government, but shall include any recipient

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

5 from a state or local government.

6 (6) The term ‘‘agency action’’ includes the defi7 nition contained in section 551 of Title 5, United

8 States Code, and includes action by state or local

9 government agencies.

10 (7) The term ‘‘agency proceeding’’ includes the

11 definition contained in section 551 of Title 5, United

12 States Code, and includes proceedings by state or

13 local government agencies.

14 DISCLOSURE REQUIREMENTS

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

16 year, a grantee, except an individual person, shall provide

17 (via either electronic or paper medium) to each Federal

18 entity that awarded or administered its grant an annual

19 report for the prior Federal fiscal year, certified by the

20 grantee’s chief executive officer or equivalent person of au21 thority, and setting forth: the grantee’s name, the grant22 ee’s identification number, and—

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

24 in political advocacy; or

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

26 political advocacy, and setting forth for each grant—
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1 (A) the grant identification number;

2 (B) the amount or value of the grant (in3 cluding all administrative and overhead costs

4 awarded);

5 (C) a brief description of the purpose or

6 purposes for which the grant was awarded;

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

8 local government entity awarding or administer9 ing the grant, and program thereunder;

10 (E) the name and grantee identification

11 number of each individual, entity, or organiza12 tion to whom the grantee made a grant;

13 (F) a brief description of the grantee’s po14 litical advocacy, and a good faith estimate of

15 the grantee’s expenditures on political advocacy;

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

17 prohibited political advocacy threshold.

18 (b) OMB COORDINATION.—The Office of Manage19 ment and Budget shall develop by regulation one stand20 ardized form for the annual report that shall be accepted

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

22 each grantee is assigned one permanent and unique grant23 ee identification number.

24 FEDERAL ENTITY REPORT

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

26 year, each Federal entity awarding or administering a
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1 grant shall submit to the Bureau of the Census a report

2 (standardized by the Office of Management and Budget)

3 setting forth the information provided to such Federal en4 tity by each grantee during the preceding Federal fiscal

5 year, and the name and grantee identification number of

6 each grantee to whom it provided written notice under sec7 tion 1(a)(6). The Bureau of the Census shall make this

8 database available to the public through the Internet.

9 PUBLIC ACCOUNTABILITY

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

11 shall make publicly available any grant application, audit

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

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

14 Federal entity’s annual report to the Bureau of the Cen15 sus.

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

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

18 documents in the Federal entity’s public document reading

19 room and also by expediting any requests under section

20 552 of title 5, United States Code, the Freedom of Infor21 mation Act as amended, ahead of any requests for other

22 information pending at such Federal entity.

23 (c) Records described in section (a) shall not be sub24 ject to withholding except under exemption (b)(7)(A) of

25 section 552 of title 5, United States Code.
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1 (d) No fees for searching for or copying such docu2 ments shall be charged to the public.

3 SEVERABILITY

4 SEC. 605. If any provision of this title or the applica5 tion thereof to any person or circumstance is held invalid,

6 the remainder of this title and the application of such pro7 vision to other persons and circumstances shall not be af8 fected thereby.

9 FIRST AMENDMENT RIGHTS PRESERVED

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

11 abridge any rights guaranteed under the first amendment

12 of the United States Constitution, including freedom of

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

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

15 of grievances.

16 TITLE VII—DEFICIT REDUCTION LOCK-BOX

17 SEC. 701. SHORT TITLE.—This title may be cited as

18 the ‘‘Deficit Reduction Lock-box Act of 1995’’.

19 SEC. 702. DEFICIT REDUCTION LOCK-BOX AC20 COUNT.—(a) ESTABLISHMENT OF ACCOUNT.—Title III of

21 the Congressional Budget Act of 1974 is amended by add22 ing at the end the following new section:

23 ‘‘DEFICIT REDUCTION LOCK-BOX ACCOUNT

24 ‘‘SEC. 314. (a) ESTABLISHMENT OF AC25 COUNT.—There is established in the Congressional

26 Budget Office an account to be known as the ‘Defi-
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1 cit Reduction Lock-box Account’. The Account shall

2 be divided into subaccounts corresponding to the

3 subcommittees of the Committees on Appropriations.

4 Each subaccount shall consist of three entries: the

5 ‘House Lock-box Balance’; the ‘Senate Lock-box

6 Balance’; and the ‘Joint House-Senate Lock-box

7 Balance’.

8 ‘‘(b) CONTENTS OF ACCOUNT.—Each entry in

9 a subaccount shall consist only of amounts credited

10 to it under subsection (c). No entry of a negative

11 amount shall be made.

12 ‘‘(c) CREDIT OF AMOUNTS TO ACCOUNT.—(1)

13 The Director of the Congressional Budget Office

14 (hereinafter in this section referred to as the ‘Direc15 tor’) shall, upon the engrossment of any appropria16 tion bill by the House of Representatives and upon

17 the engrossment of that bill by the Senate, credit to

18 the applicable subaccount balance of that House

19 amounts of new budget authority and outlays equal

20 to the net amounts of reductions in new budget au21 thority and in outlays resulting from amendments

22 agreed to by that House to that bill.

23 ‘‘(2) The Director shall, upon the engrossment

24 of Senate amendments to any appropriation bill,

25 credit to the applicable Joint House-Senate Lock-
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1 box Balance the amounts of new budget authority

2 and outlays equal to—

3 ‘‘(A) an amount equal to one-half of the

4 sum of (i) the amount of new budget authority

5 in the House Lock-box Balance plus (ii) the

6 amount of new budget authority in the Senate

7 Lock-box Balance for that bill; and

8 ‘‘(B) an amount equal to one-half of the

9 sum of (i) the amount of outlays in the House

10 Lock-box Balance plus (ii) the amount of out11 lays in the Senate Lock-box Balance for that

12 bill, under section 314(c), as calculated by the

13 Director of the Congressional Budget Office.

14 ‘‘(d) CALCULATION OF LOCK-BOX SAVINGS IN

15 SENATEFor purposes of calculating under this sec16 tion the net amounts of reductions in new budget

17 authority and in outlays resulting from amendments

18 agreed to by the Senate on an appropriation bill, the

19 amendments reported to the Senate by its Commit20 tee on Appropriations shall be considered to be part

21 of the original text of the bill.

22 ‘‘(e) DEFINITION.—As used in this section, the

23 term ‘appropriation bill’ means any general or spe24 cial appropriation bill, and any bill or joint resolu-
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1 tion making supplemental, deficiency, or continuing

2 appropriations through the end of a fiscal year.’’.

3 (b) CONFORMING AMENDMENT.—The table of con4 tents set forth in section 1(b) of the Congressional Budget

5 and Impoundment Control Act of 1974 is amended by in6 serting after the item relating to section 313 the following

7 new item:

8 ‘‘Sec. 314. Deficit reduction lock-box account.’’

9 SEC. 703. TALLY DURING HOUSE CONSIDER10 ATION.—There shall be available to Members in the House

11 of Representatives during consideration of any appropria12 tions bill by the House a running tally of the amendments

13 adopted reflecting increases and decreases of budget au14 thority in the bill as reported.

15 Sec. 704. DOWNWARD ADJUSTMENT OF 602(A) ALLO16 CATIONS AND SECTION 602(B) SUBALLOCATIONS.—(a) AL17 LOCATIONS.—Section 602(a) of the Congressional Budget

18 Act of 1974 is amended by adding at the end the following

19 new paragraph:

20 ‘‘(5) Upon the engrossment of Senate amend21 ments to any appropriation bill (as defined in section

22 314(d)) for a fiscal year, the amounts allocated

23 under paragraph (1) or (2) to the Committee on Ap24 propriations of each House upon the adoption of the

25 most recent concurrent resolution on the budget for
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1 that fiscal year shall be adjusted downward by the

2 amounts credited to the applicable Joint House-Sen3 ate Lock-box Balance under section 314(c)(2), as

4 calculated by the Director of the Congressional

5 Budget Office, and the revised levels of budget au6 thority and outlays shall be submitted to each House

7 by the chairman of the Committee on the Budget of

8 that House and shall be printed in the Congressional

9 Record.’’.

10 (b) SUBALLOCATIONS.—Section 602(b)(1) of the

11 Congressional Budget Act of 1974 is amended by adding

12 at the end the following new sentence: ‘‘Whenever an ad13 justment is made under subsection (a)(5) to an allocation

14 under that subsection, the Director of the Congressional

15 Budget Office shall make downward adjustments in the

16 most recent suballocations of new budget authority and

17 outlays under subparagraph (A) to the appropriate sub18 committees of that committee in the total amounts of

19 those adjustments under section 314(c)(2). The revised

20 suballocations shall be submitted to each House by the

21 chairman of the Committee on Appropriations of that

22 House and shall be printed in the Congressional Record.’’.

23 SEC. 705. PERIODIC REPORTING OF ACCOUNT

24 STATEMENTS.—Section 308(b)(1) of the Congressional

25 Budget Act of 1974 is amended by adding at the end the
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1 following new sentence: ‘‘Such reports shall also include

2 an up-to-date tabulation of the amounts contained in the

3 account and each subaccount established by section

4 314(a).’’.

5 SEC. 706. DOWNWARD ADJUSTMENT OF DISCRE6 TIONARY SPENDING LIMITS.—The discretionary spending

7 limit for new budget authority for any fiscal year set forth

8 in section 601(a)(2) of the Congressional Budget Act of

9 1974, as adjusted in strict conformance with section 251

10 of the Balanced Budget and Emergency Deficit Control

11 Act of 1985, shall be reduced by the amount of the adjust12 ment to the section 602(a) allocations made under section

13 602(a)(5) of the Congressional Budget Act of 1974, as

14 calculated by the Director of the Office of Management

15 and Budget. The adjusted discretionary spending limit for

16 outlays for that fiscal year, as set forth in such section

17 601(a)(2), shall be reduced as a result of the reduction

18 of such budget authority, as calculated by the Director of

19 the Office of Management and Budget based upon pro20 grammatic and other assumptions set forth in the joint

21 explanatory statement of managers accompanying the con22 ference report on that bill. Reductions (if any) shall occur

23 upon the enactment of all regular appropriation bills for

24 a fiscal year or a resolution making continuing appropria25 tions through the end of that fiscal year. This adjustment
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1 shall be reflected in reports under sections 254(g) and

2 254(h) of the Balanced Budget and Emergency Deficit

3 Control Act of 1985.

4 SEC. 707. EFFECTIVE DATE.—(a) IN GENERAL.—This

5 title shall apply to all appropriation bills making appro6 priations for fiscal year 1996 or any subsequent fiscal

7 year.

8 (b) FY96 APPLICATION.—In the case of any appro9 priation bill for fiscal year 1996 engrossed by the House

10 of Representatives on or after the date this bill was en11 grossed by the House of Representatives and before the

12 date of enactment of this bill, the Director of the Congres13 sional Budget Office, the Director of the Office of Man14 agement and Budget, and the Committees on Appropria15 tions and the Committees on the Budget of the House of

16 Representatives and of the Senate shall, within 10 cal17 endar days after that date of enactment of this Act, carry

18 out the duties required by this title and amendments made

19 by it that occur after the date this Act was engrossed by

20 the House of Representatives.

21 (c) FY96 ALLOCATIONS.—The duties of the Director

22 of the Congressional Budget Office and of the Committees

23 on Budget and on Appropriations of the House of Rep24 resentatives pursuant to this title and the amendments

25 made by it regarding appropriation bills for fiscal year
97

•HR 2127 EH

1 1996 shall be based upon the revised section 602(a) alloca2 tions in effect on the date this Act was engrossed by the

3 House of Representatives.

4 (d) DEFINITION.—As used in this section, the term

5 ‘‘appropriation bill’’ means any general or special appro6 priation bill, and any bill or joint resolution making sup7 plemental, deficiency, or continuing appropriations

8 through the end of a fiscal year.

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

10 Health and Human Services, and Education, and Related

11 Agencies Appropriations Act, 1996’’.

Passed the House of Representatives August 4 (legislative day, August 3), 1995.

Attest:

Clerk.