Calendar No. 189

104TH CONGRESS

1ST SESSION H. R. 2127

[Report No. 104–145]

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 EduAUGUST 7 (legislative day, JULY 10), 1995

Received; read twice and referred to the Committee on

Appropriations

SEPTEMBER 15 (legislative day, SEPTEMBER 5), 1995

Reported with amendments
II

Calendar No. 189

104TH CONGRESS

1ST SESSION H. R. 2127

[Report No. 104–145]

IN THE SENATE OF THE UNITED STATES

AUGUST 7 (legislative day, JULY 10), 1995

Received; read twice and referred to the Committee on Appropriations

SEPTEMBER 15 (legislative day, SEPTEMBER 5), 1995

Reported by Mr. SPECTER, with amendments

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

AN ACT

Making appropriations for the Departments of Labor, Health

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

and for other purposes.

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

3 That the following sums are appropriated, out of any

4 money in the Treasury not otherwise appropriated, for the

5 Department of Labor, Health and Human Services, and

6 Education, and related agencies for the fiscal year ending

7 September 30, 1996, and for other purposes, namely:
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1 TITLE I—DEPARTMENT OF LABOR

2 EMPLOYMENT AND TRAINING ADMINISTRATION

3 TRAINING AND EMPLOYMENT SERVICES

4 For expenses necessary to carry into effect the Job

5 Training Partnership Act, as amended, including the pur6 chase and hire of passenger motor vehicles, the construc7 tion, alteration, and repair of buildings and other facili8 ties, and the purchase of real property for training centers

9 as authorized by the Job Training Partnership Act; para10 graph (3) of section 506(a) of title V of the Older Americans

11 Act of 1965, as amended, title II of the Civil Rights Act

12 of 1991; the Women in Apprenticeship and Nontraditional

13 Occupations Act; National Skill Standards Act of 1994;

14 and the School-to-Work Opportunities Act;

15 $3,180,441,000 $3,182,512,000 plus reimbursements, of

16 which $2,936,154,000 $3,232,512,000 is available for obli17 gation for the period July 1, 1996 through June 30, 1997;

18 of which $148,535,000 $121,467,000 is available for the

19 period July 1, 1996 through June 30, 1999 for necessary

20 expenses of construction, rehabilitation, and acquisition of

21 Job Corps centers; and of which $95,000,000

22 $122,500,000 shall be available from July 1, 1996 through

23 September 30, 1997, for carrying out activities of the

24 School-to-Work Opportunities Act: Provided, That

25 $50,000,000 $55,004,000 shall be for carrying out section
3

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1 401 of the Job Training Partnership Act, $65,000,000

2 $73,570,000 shall be for carrying out section 402 of such

3 Act, $7,300,000 shall be for carrying out section 441 of

4 such Act, $5,060,000 shall be for all activities conducted

5 by and through the National Occupational Information Co6 ordinating Committee under such Act, $830,000,000

7 $745,700,000 shall be for carrying out title II, part A of

8 such Act, and $126,672,000 $311,460,000 shall be for car9 rying out title II, part C of such Act: Provided further,

10 That no funds from any other appropriation shall be used

11 to provide meal services at or for Job Corps centers: Pro12 vided further, That, notwithstanding any other provision

13 of law, the Secretary of Labor may waive any of the re14 quirements contained in sections 4, 104, 105, 107, 108, 121,

15 164, 204, 253, 254, 264, 301, 311, 313, 314, and 315 of

16 the Job Training Partnership Act in order to assist States

17 in improving State workforce development systems, pursu18 ant to a request submitted by a State that has prior to the

19 date of enactment of this Act executed a Memorandum of

20 Understanding with the United States requiring such State

21 to meet agreed upon outcomes: Provided further, That funds

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

23 Partnership Act shall not be subject to the limitation con24 tained in subsection (b) of section 315 of such Act; that the

25 waiver allowing a reduction in the cost limitation relating
4

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

2 section 315 may be granted with respect to funds from this

3 Act if a substate grantee demonstrates to the Governor that

4 such waiver is appropriate due to the availability of low5 cost retraining services, is necessary to facilitate the provi6 sion of needs-related payments to accompany long-term

7 training, or is necessary to facilitate the provision of appro8 priate basic readjustment services and that funds used from

9 this Act to carry out the Secretary’s discretionary grants

10 under part B of such title III may be used to provide needs11 related payments to participants who, in lieu of meeting

12 the requirements relating to enrollment in training under

13 section 314(e) of such Act, are enrolled in training by the

14 end of the sixth week after funds have been awarded: Pro15 vided further, That service delivery areas may transfer

16 funding provided herein under authority of title II–C of

17 the Job Training Partnership Act to the program author18 ized by title II–B of that Act, if such transfer is approved

19 by the Governor: Provided further, That service delivery

20 areas and substate areas may transfer funding provided

21 herein under authority of title II–A and title III of the Job

22 Training Partnership Act between the programs authorized

23 by those titles of the Act, if such transfer is approved by

24 the Governor: Provided further, That, notwithstanding any

25 other provision of law, any proceeds from the sale of Job
5

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1 Corps Center facilities shall be retained by the Secretary

2 of Labor to carry out the Job Corps program.

3 COMMUNITY SERVICE EMPLOYMENT FOR OLDER

4 AMERICANS

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

6 1965, as amended, $350,000,000.

7 To carry out the activities for national grants or con8 tracts with public agencies and public or private nonprofit

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

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

11 or to carry out older worker activities as subsequently au12 thorized, $273,000,000.

13 FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES

14 For payments during the current fiscal year of trade

15 adjustment benefit payments and allowances under part

16 I, and for training, for allowances for job search and relo17 cation, and for related State administrative expenses

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

19 of the Trade Act of 1974, as amended, $346,100,000, to20 gether with such amounts as may be necessary to be

21 charged to the subsequent appropriation for payments for

22 any period subsequent to September 15 of the current

23 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

17 $117,328,000, together with not to exceed $3,107,404,000

18 $3,104,194,000 (including not to exceed $1,653,000 which

19 may be used for amortization payments to States which

20 had independent retirement plans in their State employ21 ment service agencies prior to 1980, and including not to

22 exceed $2,000,000 which may be obligated in contracts

23 with non-State entities for activities such as occupational

24 and test research activities which benefit the Federal25 State Employment Service System), which may be ex-
7

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1 pended from the Employment Security Administration ac2 count in the Unemployment Trust Fund, and of which the

3 sums available in the allocation for activities authorized

4 by title III of the Social Security Act, as amended (42

5 U.S.C. 502–504), and the sums available in the allocation

6 for necessary administrative expenses for carrying out 5

7 U.S.C. 8501–8523, shall be available for obligation by the

8 States through December 31, 1996, except that funds

9 used for automation acquisitions shall be available for obli10 gation by States through September 30, 1998; and of

11 which $125,328,000 $115,452,000, together with not to ex12 ceed $738,283,000 of the amount which may be expended

13 from said trust fund shall be available for obligation for

14 the period July 1, 1996, through June 30, 1997, to fund

15 activities under the Act of June 6, 1933, as amended, in16 cluding the cost of penalty mail made available to States

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

18 $216,333,000 shall be available only to the extent nec19 essary for additional State allocations to administer unem20 ployment compensation laws to finance increases in the

21 number of unemployment insurance claims filed and

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

23 the extent that the Average Weekly Insured Unemploy24 ment (AWIU) for fiscal year 1996 is projected by the De25 partment of Labor to exceed 2.785 million, an additional
8

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1 $28,600,000 shall be available for obligation for every

2 100,000 increase in the AWIU level (including a pro rata

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

4 Employment Security Administration Account of the Un5 employment Trust Fund: Provided further, That funds ap6 propriated in this Act which are used to establish a na7 tional one-stop career center network may be obligated in

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

9 Provided further, That funds appropriated under this Act

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

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

12 used by the States to fund integrated Employment Service

13 and Unemployment Insurance automation efforts, not14 withstanding cost allocation principles prescribed under

15 Office of Management and Budget Circular A–87.

16 ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND

17 OTHER FUNDS

18 For repayable advances to the Unemployment Trust

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

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

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

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

23 for nonrepayable advances to the Unemployment Trust

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

25 States Code, and section 104(d) of Public Law 102–164,
9

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

2 unemployment benefits and allowances’’ account, to re3 main available until September 30, 1997, $369,000,000.

4 In addition, for making repayable advances to the

5 Black Lung Disability Trust Fund in the current fiscal

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

7 Black Lung Disability Trust Fund in the current fiscal

8 year, such sums as may be necessary.

9 ADVANCES TO THE EMPLOYMENT SECURITY ADMINISTRA10 TION ACCOUNT OF THE UNEMPLOYMENT TRUST FUND

11 (RESCISSION)

12 Amounts remaining unobligated under this heading as

13 of September 30, 1995, are hereby rescinded.

14 PROGRAM ADMINISTRATION

15 For expenses of administering employment and train16 ing programs and for carrying out section 908 of the So17 cial Security Act, $83,505,000 $83,054,000, together with

18 not to exceed $40,974,000 $40,793,000, which may be ex19 pended from the Employment Security Administration ac20 count in the Unemployment Trust Fund.

21 PENSION AND WELFARE BENEFITS ADMINISTRATION

22 SALARIES AND EXPENSES

23 For necessary expenses for Pension and Welfare Ben24 efits Administration, $64,113,000 $65,740,000.
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1 PENSION BENEFIT GUARANTY CORPORATION

2 PENSION BENEFIT GUARANTY CORPORATION FUND

3 The Pension Benefit Guaranty Corporation is author4 ized to make such expenditures, including financial assist5 ance authorized by section 104 of Public Law 96–364,

6 within limits of funds and borrowing authority available

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

8 such contracts and commitments without regard to fiscal

9 year limitations as provided by section 104 of the Govern10 ment Corporation Control Act, as amended (31 U.S.C.

11 9104), as may be necessary in carrying out the program

12 through September 30, 1996, for such Corporation: Pro13 vided, That not to exceed $10,603,000 shall be available

14 for administrative expenses of the Corporation: Provided

15 further, That expenses of such Corporation in connection

16 with the collection of premiums, the termination of pen17 sion plans, for the acquisition, protection or management,

18 and investment of trust assets, and for benefits adminis19 tration services shall be considered as non-administrative

20 expenses for the purposes hereof, and excluded from the

21 above limitation.

22 EMPLOYMENT STANDARDS ADMINISTRATION

23 SALARIES AND EXPENSES

24 For necessary expenses for the Employment Stand25 ards Administration, including reimbursement to State,
11

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1 Federal, and local agencies and their employees for inspec2 tion services rendered, $246,967,000 $259,190,000, to3 gether with $978,000 which may be expended from the

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

5 of the Longshore and Harbor Workers’ Compensation Act:

6 Provided, That the Secretary of Labor is authorized to ac7 cept, retain, and spend, until expended, in the name of

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

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

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

11 0027 of the United States District Court for the District

12 of the Northern Mariana Islands (May 21, 1992): Pro13 vided further, That the Secretary of Labor is authorized

14 to establish and, in accordance with 31 U.S.C. 3302, col15 lect and deposit in the Treasury fees for processing appli16 cations and issuing certificates under sections 11(d) and

17 14 of the Fair Labor Standards Act of 1938, as amended

18 (29 U.S.C. 211(d) and 214) and for processing applica19 tions and issuing registrations under Title I of the Mi20 grant and Seasonal Agricultural Worker Protection Act,

21 29 U.S.C. 1801 et seq.

22 SPECIAL BENEFITS

23 (INCLUDING TRANSFER OF FUNDS)

24 For the payment of compensation, benefits, and ex25 penses (except administrative expenses) accruing during
12

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

2 chapter 81 of the United States Code; continuation of ben3 efits as provided for under the head ‘‘Civilian War Bene4 fits’’ in the Federal Security Agency Appropriation Act,

5 1947; the Employees’ Compensation Commission Appro6 priation Act, 1944; and sections 4(c) and 5(f) of the War

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

8 centum of the additional compensation and benefits re9 quired by section 10(h) of the Longshore and Harbor

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

11 together with such amounts as may be necessary to be

12 charged to the subsequent year appropriation for the pay13 ment of compensation and other benefits for any period

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

15 That such sums as are necessary may be used under sec16 tion 8104 of title 5, United States Code, by the Secretary

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

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

19 disabled beneficiary: Provided further, That balances of re20 imbursements unobligated on September 30, 1995, shall

21 remain available until expended for the payment of com22 pensation, benefits, and expenses: Provided further, That

23 in addition there shall be transferred to this appropriation

24 from the Postal Service and from any other corporation

25 or instrumentality required under section 8147(c) of title
13

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1 5, United States Code, to pay an amount for its fair share

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

3 of Labor determines to be the cost of administration for

4 employees of such fair share entities through September

5 30, 1996: Provided further, That of those funds trans6 ferred to this account from the fair share entities to pay

7 the cost of administration, $11,383,000 $19,383,000 shall

8 be made available to the Secretary of Labor for expendi9 tures relating to capital improvements in support of Fed10 eral Employees’ Compensation Act administration, and

11 the balance of such funds shall be paid into the Treasury

12 as miscellaneous receipts: Provided further, That the Sec13 retary may require that any person filing a notice of injury

14 or a claim for benefits under Subchapter 5, U.S.C., chap15 ter 81, or under subchapter 33, U.S.C. 901, et seq. (the

16 Longshore and Harbor Workers’ Compensation Act, as

17 amended), provide as part of such notice and claim, such

18 identifying information (including Social Security account

19 number) as such regulations may prescribe.

20 BLACK LUNG DISABILITY TRUST FUND

21 (INCLUDING TRANSFER OF FUNDS)

22 For payments from the Black Lung Disability Trust

23 Fund, $995,447,000 $998,080,000, of which $949,494,000

24 shall be available until September 30, 1997, for payment

25 of all benefits as authorized by section 9501(d) (1), (2),
14

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1 (4), and (7), of the Internal Revenue Code of 1954, as

2 amended, and interest on advances as authorized by sec3 tion 9501(c)(2) of that Act, and of which $26,045,000

4 $28,655,000 shall be available for transfer to Employment

5 Standards Administration, Salaries and Expenses, and

6 $19,621,000 for transfer to Departmental Management,

7 Salaries and Expenses, and $287,000 $310,000 for trans8 fer to Departmental Management, Office of Inspector

9 General, for expenses of operation and administration of

10 the Black Lung Benefits program as authorized by section

11 9501(d)(5)(A) of that Act: Provided, That in addition,

12 such amounts as may be necessary may be charged to the

13 subsequent year appropriation for the payment of com14 pensation, interest, or other benefits for any period subse15 quent to August 15 of the current year: Provided further,

16 That in addition such amounts shall be paid from this

17 fund into miscellaneous receipts as the Secretary of the

18 Treasury determines to be the administrative expenses of

19 the Department of the Treasury for administering the

20 fund during the current fiscal year, as authorized by sec21 tion 9501(d)(5)(B) of that Act.

22 OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION

23 SALARIES AND EXPENSES

24 For necessary expenses for the Occupational Safety

25 and Health Administration, $263,985,000 $296,656,000
15

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1 including not to exceed $65,319,000 $67,084,000 which

2 shall be the maximum amount available for grants to

3 States under section 23(g) of the Occupational Safety and

4 Health Act, which grants shall be no less than fifty per5 cent of the costs of State occupational safety and health

6 programs required to be incurred under plans approved

7 by the Secretary under section 18 of the Occupational

8 Safety and Health Act of 1970; and, in addition, notwith9 standing 31 U.S.C. 3302, the Occupational Safety and

10 Health Administration may retain up to $500,000

11 $750,000 per fiscal year of training institute course tuition

12 fees, otherwise authorized by law to be collected, and may

13 utilize such sums for occupational safety and health train14 ing and education grants: Provided, That none of the

15 funds appropriated under this paragraph shall be obli16 gated or expended to prescribe, issue, administer, or en17 force any standard, rule, regulation, or order under the

18 Occupational Safety and Health Act of 1970 which is ap19 plicable to any person who is engaged in a farming oper20 ation which does not maintain a temporary labor camp

21 and employs ten or fewer employees: Provided further,

22 That no funds appropriated under this paragraph shall be

23 obligated or expended to administer or enforce any stand24 ard, rule, regulation, or order under the Occupational

25 Safety and Health Act of 1970 with respect to any em-
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1 ployer of ten or fewer employees who is included within

2 a category having an occupational injury lost workday case

3 rate, at the most precise Standard Industrial Classifica4 tion Code for which such data are published, less than the

5 national average rate as such rates are most recently pub6 lished by the Secretary, acting through the Bureau of

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

8 (29 U.S.C. 673), except—

9 (1) to provide, as authorized by such Act, con10 sultation, technical assistance, educational and train11 ing services, and to conduct surveys and studies;

12 (2) to conduct an inspection or investigation in

13 response to an employee complaint, to issue a cita14 tion for violations found during such inspection, and

15 to assess a penalty for violations which are not cor16 rected within a reasonable abatement period and for

17 any willful violations found;

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

19 with respect to imminent dangers;

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

21 with respect to health hazards;

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

23 with respect to a report of an employment accident

24 which is fatal to one or more employees or which re25 sults in hospitalization of two or more employees,
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1 and to take any action pursuant to such investiga2 tion authorized by such Act; and

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

4 with respect to complaints of discrimination against

5 employees for exercising rights under such Act:

6 Provided further, That the foregoing proviso shall not

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

8 which does not maintain a temporary labor camp and em9 ploys ten or fewer employees.

10 MINE SAFETY AND HEALTH ADMINISTRATION

11 SALARIES AND EXPENSES

12 For necessary expenses for the Mine Safety and

13 Health Administration, $185,154,000 $200,646,000, in14 cluding purchase and bestowal of certificates and trophies

15 in connection with mine rescue and first-aid work, and the

16 hire of passenger motor vehicles; the Secretary is author17 ized to accept lands, buildings, equipment, and other con18 tributions from public and private sources and to pros19 ecute projects in cooperation with other agencies, Federal,

20 State, or private; the Mine Safety and Health Administra21 tion is authorized to promote health and safety education

22 and training in the mining community through cooperative

23 programs with States, industry, and safety associations;

24 and any funds available to the Department may be used,

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

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

2 major disaster: Provided, That none of the funds appro3 priated under this paragraph shall be obligated or ex4 pended to carry out section 115 of the Federal Mine Safe5 ty and Health Act of 1977 or to carry out that portion

6 of section 104(g)(1) of such Act relating to the enforce7 ment of any training requirements, with respect to shell

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

9 stone, surface clay, colloidal phosphate, or surface lime10 stone mine.

11 BUREAU OF LABOR STATISTICS

12 SALARIES AND EXPENSES

13 For necessary expenses for the Bureau of Labor Sta14 tistics, including advances or reimbursements to State,

15 Federal, and local agencies and their employees for serv16 ices rendered, $296,993,000 $280,599,000, of which

17 $11,549,000 shall be for expenses of revising the

18 Consumer Price Index and shall remain available until

19 September 30, 1997, together with not to exceed

20 $50,220,000 $49,774,000, which may be expended from

21 the Employment Security Administration account in the

22 Unemployment Trust Fund.
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1 DEPARTMENTAL MANAGEMENT

2 SALARIES AND EXPENSES

3 For necessary expenses for Departmental Manage4 ment, including the hire of three sedans, and including

5 up to $4,056,000 $4,385,000 for the President’s Commit6 tee on Employment of People With Disabilities,

7 $134,220,000 $142,940,000; together with not to exceed

8 $303,000, which may be expended from the Employment

9 Security Administration account in the Unemployment

10 Trust Fund.

11 WORKING CAPITAL FUND

12 The language under this heading in Public Law 85–

13 67, as amended, is further amended by adding the follow14 ing before the last period: ‘‘: Provided further, That within

15 the Working Capital Fund, there is established an Invest16 ment in Reinvention Fund (IRF), which shall be available

17 to invest in projects of the Department designed to

18 produce measurable improvements in agency efficiency

19 and significant taxpayer savings. Notwithstanding any

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

21 up to $3,900,000 of the unobligated balances in the De22 partment’s annual Salaries and Expenses accounts as of

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

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

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

26 Department for projects designed to enhance productivity
20

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

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

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

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

5 available without further appropriation action.’’

6 ASSISTANT SECRETARY FOR VETERANS EMPLOYMENT

7 AND TRAINING

8 Not to exceed $175,883,000 $170,390,000 may be de9 rived from the Employment Security Administration ac10 count in the Unemployment Trust Fund to carry out the

11 provisions of 38 U.S.C. 4100–4110A and 4321–4327, and

12 Public Law 103–353, and which shall be available for obli13 gation by the States through December 31, 1996.

14 OFFICE OF INSPECTOR GENERAL

15 For salaries and expenses of the Office of Inspector

16 General in carrying out the provisions of the Inspector

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

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

19 from the Employment Security Administration account in

20 the Unemployment Trust Fund.

21 GENERAL PROVISIONS

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

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

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

25 as an indirect cost, at a rate in excess of $125,000.
21

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1 SEC. 102. Section 427(c) of the Job Training Part2 nership Act, as amended, is repealed.

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

4 Act for fiscal year 1996 may be used to implement, admin5 ister, or enforce any executive order, or other rule or

6 order, that prohibits Federal contracts with, or requires

7 the debarment of, or imposes other sanction on, a contrac8 tor on the basis that such contractor or organizational

9 unit thereof has permanently replaced lawfully striking

10 workers.

11 SEC. 104. None of the funds made available in this

12 Act to the Department of Labor or the Pension Benefit

13 Guaranty Corporation may be used—

14 (1) to implement or administer Interpretive

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

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

17 2509.94–1),

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

19 (or otherwise provide assistance to) any other party

20 to establish or maintain, any clearinghouse,

21 database, or other listing which—

22 (A) makes available to employee benefit

23 plans (as defined in section 3(3) of the Em24 ployee Retirement Income Security Act of

25 1974) information relating to the status of in-
22

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1 vestments as economically targeted investments

2 referred to in such Interpretive Bulletin,

3 (B) provides assistance to employee benefit

4 plans (as so defined) or any other party to de5 velop or evaluate investments as economically

6 targeted investments referred to in such Inter7 pretive Bulletin, or

8 (C) identifies investments with respect to

9 which the Department or the Corporation will

10 withhold from undertaking enforcement actions

11 under such Act by reason of their status as eco12 nomically targeted investments referred to in

13 such Interpretive Bulletin,

14 (3) to administer or otherwise carry out the

15 contract entered into by the Department of Labor

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

17 other similar contract entered into by the Depart18 ment or the Corporation (except to the extent re19 quired by applicable law to provide for the imme20 diate termination of such contract), or

21 (4) to promote economically targeted invest22 ments referred to in such Interpretive Bulletin, ei23 ther by direct means, such as lecture or travel, or

24 by indirect means.
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1 SEC. 105. None of the funds made available in this

2 Act may be used by the Occupational Safety and Health

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

4 Occupational Safety and Health Act for the development,

5 promulgation or issuance of any proposed or final stand6 ard or guideline regarding ergonomic protection or record7 ing and reporting occupational injuries and illnesses di8 rectly related thereto.

9 SEC. 106. Notwithstanding any other provision of

10 law, no funds shall be expended by the Occupational Safe11 ty and Health Administration for the enforcement of the

12 Fall Protection Standard published at subpart M of 29

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

14 been promulgated by the Secretary of Labor (‘‘the Sec15 retary’’).

16 The Secretary shall develop this standard no later

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

18 publishing of the revised final rule, the Occupational Safe19 ty and Health Administration may only expend funds des20 ignated for the enforcement of an interim fall protection

21 standard which adjusts all height requirements referenced

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

23 feet.

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

25 may be obligated or expended by the Department of Labor
24

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1 for the purposes of enforcement and the issuance of fines

2 under Hazardous Occupation Order Number 12 (HO 12)

3 with respect to the placement or loading of materials by

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

5 that is in compliance with the American National Stand6 ards Institute safety standard ANSI Z245.5 1990, and a

7 compactor that is in compliance with the American Na8 tional Standards Institute safety standard ANSI Z245.2

9 1992.

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

11 may be obligated or expended by the Department of Labor

12 for the purposes of enforcement and the issuance of fines

13 under Hazardous Occupation Order Number 2 (HO 2)

14 with respect to incidental and occasional driving by minors

15 under age 18, unless the Secretary finds that the oper16 ation of a motor vehicle is the primary duty of the minor’s

17 employment.

18 SEC. 109. Not to exceed 1 percent of any appropriation

19 made available for the current fiscal year for the Depart20 ment of Labor in this Act may be transferred between such

21 appropriations, but no such appropriation shall be in22 creased by more than 3 percent by any such transfers.

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

24 Appropriations Act, 1996’’.
25

HR 2127 RS

1 TITLE II—DEPARTMENT OF HEALTH AND

2 HUMAN SERVICES

3 HEALTH RESOURCES AND SERVICES ADMINISTRATION

4 HEALTH RESOURCES AND SERVICES

5 For carrying out titles II, III, VII, VIII, X, XIX, and

6 XXVI of the Public Health Service Act, title V of the So7 cial Security Act, and the Health Care Quality Improve8 ment Act of 1986, as amended, section 427(a) of the Fed9 eral Coal Mine Health and Safety Act, title V of the Social

10 Security Act, the Health Care Quality Improvement Act of

11 1986, as amended, Public Law 101–527, and the Native

12 Hawaiian Health Care Act of 1988, as amended,

13 $2,927,122,000 $2,951,159,000, of which $411,000 shall

14 remain available until expended for interest subsidies on

15 loan guarantees made prior to fiscal year 1981 under part

16 B of title VII of the Public Health Service Act: Provided,

17 That the Division of Federal Occupational Health may

18 utilize personal services contracting to employ professional

19 management/administrative, and occupational health pro20 fessionals: Provided further, That of the funds made avail21 able under this heading, $933,000 $858,000 shall be avail22 able until expended for facilities renovations at the Gillis

23 W. Long Hansen’s Disease Center: Provided further, That

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

25 Health Care Quality Improvement Act of 1986, fees shall
26

HR 2127 RS

1 be collected for the full disclosure of information under

2 the Act sufficient to recover the full costs of operating the

3 National Practitioner Data Bank, and shall remain avail4 able until expended to carry out that Act: Provided further,

5 That notwithstanding the last sentence of subsection (g)(3)

6 of section 224 of the Public Health Service Act, and para7 graphs (1) and (2) of subsection (k) of such section,

8 $5,000,000 is available for fiscal year 1996 for a fund de9 scribed in paragraph (2) of subsection (k) of such section,

10 and subsection (g) of such section shall be deemed to apply

11 to acts or omissions which occur on or before December 31,

12 1996: Provided further, That of the funds made available

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

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

15 for voluntary family planning projects: Provided further,

16 That amounts provided to said projects under such title

17 shall not be expended for abortions, that all pregnancy

18 counseling shall be nondirective, and that such amounts

19 shall not be expended for any activity (including the publi20 cation or distribution of literature) that in any way tends

21 to promote public support or opposition to any legislative

22 proposal or candidate for public office: Provided further,

23 That notwithstanding any other provision of law, funds

24 made available under this heading may be used to continue

25 operating the Council on Graduate Medical Education es-
27

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1 tablished by section 301 of Public Law 102–408: Provided

2 further, That the Secretary shall use amounts available for

3 section 2603(b) of the Public Health Service Act as nec4 essary to ensure that fiscal year 1996 grant awards made

5 under section 2603(a) of such Act to eligible areas that re6 ceived such grants in fiscal year 1995 are not less than the

7 fiscal year 1995 level.

8 MEDICAL FACILITIES GUARANTEE AND LOAN FUND

9 FEDERAL INTEREST SUBSIDIES FOR MEDICAL FACILITIES

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

11 1602 of the Public Health Service Act, $8,000,000, to12 gether with any amounts received by the Secretary in con13 nection with loans and loan guarantees under title VI of

14 the Public Health Service Act, to be available without fis15 cal year limitation for the payment of interest subsidies.

16 During the fiscal year, no commitments for direct loans

17 or loan guarantees shall be made.

18 HEALTH EDUCATION ASSISTANCE LOANS PROGRAM

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

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

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

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

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

24 of the Congressional Budget Act of 1974: Provided fur25 ther, That these funds are available to subsidize gross obli-
28

HR 2127 RS

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

2 to be guaranteed at not to exceed $210,000,000. In addi3 tion, for administrative expenses to carry out the guaran4 teed loan program, $2,703,000 $2,688,000.

5 VACCINE INJURY COMPENSATION PROGRAM TRUST FUND

6 For payments from the Vaccine Injury Compensation

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

8 claims associated with vaccine-related injury or death with

9 respect to vaccines administered after September 30,

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

11 Health Service Act, to remain available until expended:

12 Provided, That for necessary administrative expenses, not

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

14 Fund to the Secretary of Health and Human Services.

15 VACCINE INJURY COMPENSATION

16 For payment of claims resolved by the United States

17 Court of Federal Claims related to the administration of

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

19 available until expended.

20 CENTERS FOR DISEASE CONTROL AND PREVENTION

21 DISEASE CONTROL, RESEARCH, AND TRAINING

22 (INCLUDING RESCISSION)

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

24 XIX XIX, and XXI of the Public Health Service Act, sec25 tions 101, 102, 103, 201, 202, and 203 of the Federal
29

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1 Mine Safety and Health Act of 1977, and sections 20 and

2 22 of the Occupational Safety and Health Act of 1970;

3 including insurance of official motor vehicles in foreign

4 countries; and hire, maintenance, and operation of air5 craft, $2,085,831,000 $2,052,783,000, of which

6 $4,353,000 $4,575,000 shall remain available until ex7 pended for equipment and construction and renovation of

8 facilities, and in addition, such sums as may be derived

9 from authorized user fees, which shall be credited to this

10 account: Provided, That in addition to amounts provided

11 herein, up to $27,862,000 $40,063,000 shall be available

12 from amounts available under section 241 of the Public

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

14 Health Statistics surveys: Provided further, That the Direc15 tor may redirect the total amount made available under

16 authority of Public Law 101–502, dated November 3, 1990,

17 to activities the Director may so designate: Provided fur18 ther, That the Congress is to be notified promptly of any

19 such transfer.

20 In addition, $39,100,000, to be derived from the Vio21 lent Crime Reduction Trust Fund, for carrying out sec22 tions 40151, 40261, and 40293 of Public Law 103–322.

23 Of the amounts made available under this heading in

24 Public Law 103–333, Public Law 103–112, and Public
30

HR 2127 RS

1 Law 102–394 for immunization activities, $53,000,000 are

2 hereby rescinded.

3 NATIONAL INSTITUTES OF HEALTH

4 NATIONAL CANCER INSTITUTE

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

7 $2,251,084,000 $1,972,757,000.

8 NATIONAL HEART, LUNG, AND BLOOD INSTITUTE

9 For carrying out section 301 and title IV of the Pub10 lic Health Service Act with respect to cardiovascular, lung,

11 and blood diseases, and blood and blood products,

12 $1,355,866,000 $1,266,465,000.

13 NATIONAL INSTITUTE OF DENTAL RESEARCH

14 For carrying out section 301 and title IV of the Pub15 lic Health Service Act with respect to dental disease,

16 $183,196,000 $166,547,000.

17 NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND

18 KIDNEY DISEASES

19 For carrying out section 301 and title IV of the Pub20 lic Health Service Act with respect to diabetes and diges21 tive and kidney diseases, $771,252,000 $740,818,000.
31

HR 2127 RS

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 $641,347,000.

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 $551,414,000.

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 $898,001,000.

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 $520,570,000.

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 $297,489,000.
32

HR 2127 RS

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 $275,861,000.

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, $453,917,000

9 $441,072,000.

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 $232,919,000.

16 NATIONAL INSTITUTE ON DEAFNESS AND OTHER

17 COMMUNICATION DISORDERS

18 For carrying out section 301 and title IV of the Pub19 lic Health Service Act with respect to deafness and other

20 communication disorders, $176,502,000 $170,562,000.

21 NATIONAL INSTITUTE OF NURSING RESEARCH

22 For carrying out section 301 and title IV of the Pub23 lic Health Service Act with respect to nursing research,

24 $55,831,000 $49,624,000.
33

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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 $183,733,000.

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 $295,554,000.

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 $553,127,000.

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

18 $304,267,000: Provided, That none of these funds shall be

19 used to pay recipients of the general research support

20 grants program any amount for indirect expenses in con21 nection with such grants: Provided further, That

22 $11,000,000 shall be for extramural facilities construction

23 grants, of which $2,500,000 shall be for grants authorized

24 under section 481B of title IV of the Act.
34

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1 NATIONAL CENTER FOR HUMAN GENOME RESEARCH

2 For carrying out section 301 and title IV of the Pub3 lic Health Service Act with respect to human genome re4 search, $170,041,000 $164,902,000.

5 JOHN E. FOGARTY INTERNATIONAL CENTER

6 For carrying out the activities at the John E.

7 Fogarty International Center, $25,313,000 $15,104,000.

8 NATIONAL LIBRARY OF MEDICINE

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

11 communications, $141,439,000 $134,858,000, of which

12 $4,000,000 shall be available until expended for improve13 ment of information systems: Provided, That in fiscal year

14 1996, the Library may enter into personal services con15 tracts for the provision of services in facilities owned, oper16 ated, or constructed under the jurisdiction of the National

17 Institutes of Health.

18 OFFICE OF THE DIRECTOR

19 (INCLUDING TRANSFER OF FUNDS)

20 For carrying out the responsibilities of the Office of

21 the Director, National Institutes of Health, $261,488,000

22 $233,151,000: Provided, That funding shall be available for

23 the purchase of not to exceed five passenger motor vehicles

24 for replacement only: Provided further, That the Director

25 may direct up to 1 percent of the total amount made avail-
35

HR 2127 RS

1 able in this Act to all National Institutes of Health appro2 priations to activities the Director may so designate: Pro3 vided further, That no such appropriation shall be in4 creased or decreased by more than 1 percent by any such

5 transfers and that the Congress is promptly notified of

6 the transfer:–Provided further, That of the funds made

7 available under this heading, $7,500,000 shall be available

8 for carrying out the activities of the Office of Alternative

9 Medicine under section 404E of the Public Health Service

10 Act.

11 BUILDINGS AND FACILITIES

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

13 equipment for, facilities of or used by the National Insti14 tutes of Health, including the acquisition of real property,

15 $146,151,000 $140,384,000, to remain available until ex16 pended.

17 OFFICE OF AIDS RESEARCH

18 (INCLUDING TRANSFER OF FUNDS)

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

20 Health Service Act, $1,388,678,000: Provided, That the Di21 rector of the Office of AIDS Research shall transfer from

22 this appropriation the amounts necessary to carry out sec23 tion 2353(d) of the Act.
36

HR 2127 RS

1 SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

2 ADMINISTRATION

3 SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

4 For carrying out titles V and XIX of the Public

5 Health Service Act with respect to substance abuse and

6 mental health services, the Protection and Advocacy for

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

8 the Public Health Service Act with respect to program

9 management, $1,788,946,000 $1,669,928,000.

10 RETIREMENT PAY AND MEDICAL BENEFITS FOR

11 COMMISSIONED OFFICERS

12 For retirement pay and medical benefits of Public

13 Health Service Commissioned Officers as authorized by

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

15 Family Protection Plan and Survivor Benefit Plan and for

16 medical care of dependents and retired personnel under

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

18 for payments pursuant to section 229(b) of the Social Se19 curity Act (42 U.S.C. 429(b)), such amounts as may be

20 required during the current fiscal year.

21 AGENCY FOR HEALTH CARE POLICY AND RESEARCH

22 HEALTH CARE POLICY AND RESEARCH

23 For carrying out titles III and IX of the Public

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

25 Security Act, $85,423,000, together with not to exceed
37

HR 2127 RS

1 $5,796,000 $62,230,000 together with not to exceed

2 $5,796,000 to be transferred from the Federal Hospital In3 surance and the Federal Supplementary Medical Insur4 ance Trust Funds, as authorized by sections 1142 and

5 201(g) of the Social Security Act; in addition, amounts

6 received from Freedom of Information Act fees, reimburs7 able and interagency agreements, and the sale of data

8 tapes shall be credited to this appropriation and shall re9 main available until expended: Provided, That the amount

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

11 Health Service Act shall not exceed $34,284,000

12 $59,284,000.

13 HEALTH CARE FINANCING ADMINISTRATION

14 GRANTS TO STATES FOR MEDICAID

15 For carrying out, except as otherwise provided, titles

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

17 to remain available until expended.

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

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

20 quarter of fiscal year 1996 for unanticipated costs, in21 curred for the current fiscal year, such sums as may be

22 necessary.

23 For making payments to States under title XIX of

24 the Social Security Act for the first quarter of fiscal year
38

HR 2127 RS

1 1997, $26,155,350,000, to remain available until ex2 pended.

3 Payment under title XIX may be made for any quar4 ter with respect to a State plan or plan amendment in

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

6 quarter and approved in that or any subsequent quarter.

7 PAYMENTS TO HEALTH CARE TRUST FUNDS

8 For payment to the Federal Hospital Insurance and

9 the Federal Supplementary Medical Insurance Trust

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

11 Social Security Act, sections 103(c) and 111(d) of the So12 cial Security Amendments of 1965, section 278(d) of Pub13 lic Law 97–248, and for administrative expenses incurred

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

15 $63,313,000,000.

16 PROGRAM MANAGEMENT

17 For carrying out, except as otherwise provided, titles

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

19 XIII of the Public Health Service Act, the Clinical Labora20 tory Improvement Amendments of 1988, and section

21 4005(e) of Public Law 100–203, not to exceed

22 $2,134,533,000 $2,105,869,000, together with all funds

23 collected in accordance with section 353 of the Public

24 Health Service Act, the latter funds to remain available

25 until expended; the $2,134,533,000 $2,105,869,000, to be
39

HR 2127 RS

1 transferred to this appropriation as authorized by section

2 201(g) of the Social Security Act, from the Federal Hos3 pital Insurance and the Federal Supplementary Medical

4 Insurance Trust Funds: Provided, That all funds derived

5 in accordance with 31 U.S.C. 9701 from organizations es6 tablished under title XIII of the Public Health Service Act

7 are to be credited to this appropriation.

8 HEALTH MAINTENANCE ORGANIZATION LOAN AND LOAN

9 GUARANTEE FUND

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

11 1308 of the Public Health Service Act, any amounts re12 ceived by the Secretary in connection with loans and loan

13 guarantees under title XIII of the Public Health Service

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

15 payment of outstanding obligations. During fiscal year

16 1996, no commitments for direct loans or loan guarantees

17 shall be made.

18 ADMINISTRATION FOR CHILDREN AND FAMILIES

19 FAMILY SUPPORT PAYMENTS TO STATES

20 For making payments to States or other non-Federal

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

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

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

24 1960 (24 U.S.C. ch. 9), $13,614,307,000, to remain avail25 able until expended.
40

HR 2127 RS

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

2 payments to States or other non-Federal entities under

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

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

5 for unanticipated costs, incurred for the current fiscal

6 year, such sums as may be necessary.

7 For making payments to States or other non-Federal

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

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

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

11 first quarter of fiscal year 1997, $4,800,000,000, to re12 main available until expended.

13 JOB OPPORTUNITIES AND BASIC SKILLS

14 For carrying out aid to families with dependent chil15 dren work programs, as authorized by part F of title IV

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

17 LOW INCOME HOME ENERGY ASSISTANCE

18 (INCLUDING RESCISSION)

19 Of the funds made available beginning on October 1,

20 1995 under this heading in Public Law 103–333,

21 $1,000,000,000 $100,000,000 are hereby rescinded.

22 For making payments under title XXVI of the Omni23 bus Budget Reconciliation Act of 1981, $1,000,000,000, to

24 be available for obligation in the period October 1, 1996

25 through September 30, 1997.
41

HR 2127 RS

1 For making payments under title XXVI of the Omni2 bus Budget Reconciliation Act of 1981, an additional

3 $600,000,000: Provided, That all of the funds available

4 under this paragraph are hereby designated by Congress to

5 be emergency requirements pursuant to section

6 251(b)(2)(D) of the Balanced Budget and Emergency Defi7 cit Control Act of 1985: Provided further, That these funds

8 shall be made available only after submission to Congress

9 of a formal budget request by the President that includes

10 designation of the entire amount of the request as an emer11 gency requirement as defined in the Balanced Budget and

12 Emergency Deficit Control Act of 1985.

13 REFUGEE AND ENTRANT ASSISTANCE

14 For making payments for refugee and entrant assist15 ance activities authorized by title IV of the Immigration

16 and Nationality Act and section 501 of the Refugee Edu17 cation Assistance Act of 1980 (Public Law 96–422),

18 $411,781,000 $397,172,000: Provided, That funds appro19 priated pursuant to section 414(a) of the Immigration and

20 Nationality Act under Public Law 103–112 for fiscal year

21 1994 shall be available for the costs of assistance provided

22 and other activities conducted in such year and in fiscal

23 years 1995 and 1996.

24 COMMUNITY SERVICES BLOCK GRANT

25 For making payments under the Community Services

26 Block Grant Act and section 408 of Public Law 99–425,
42

HR 2127 RS

1 $431,483,000: Provided, That such funds to the extent they

2 are distributed as grant funds by a State to an eligible en3 tity as provided under the Act, and have not been expended

4 by such entity, shall remain with such entity for carry-over

5 into the next fiscal year for expenditure by such entity con6 sistent with program purposes.

7 CHILD CARE AND DEVELOPMENT BLOCK GRANT

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

9 Omnibus Budget Reconciliation Act of 1981 (The Child

10 Care and Development Block Grant Act of 1990),

11 $934,642,000, which shall be available for obligation

12 under the same statutory terms and conditions applicable

13 in the prior fiscal year.

14 SOCIAL SERVICES BLOCK GRANT

15 For making grants to States pursuant to section

16 2002 of the Social Security Act, $2,800,000,000

17 $2,520,000,000: Provided, That notwithstanding section

18 2003(c) of such Act, the amount specified for allocation

19 under such section for fiscal year 1996 shall be

20 $2,520,000,000.

21 CHILDREN AND FAMILIES SERVICES PROGRAMS

22 For carrying out, except as otherwise provided, the

23 Runaway and Homeless Youth Act, the Developmental

24 Disabilities Assistance and Bill of Rights Act, the Head

25 Start Act, the Child Abuse Prevention and Treatment Act,
43

HR 2127 RS

1 the Family Violence Prevention and Services Act, the Na2 tive American Programs Act of 1974, title II of Public

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

4 Child Care for Children with Disabilities and Crisis Nurs5 eries Act of 1986, the Abandoned Infants Assistance Act

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

7 Act; for making payments under the Community Services

8 Block Grant Act; and for necessary administrative ex9 penses to carry out said Acts and titles I, IV, X, XI, XIV,

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

11 5, 1960 (24 U.S.C. ch. 9), the Omnibus Budget Reconcili12 ation Act of 1981, title IV of the Immigration and Nation13 ality Act, section 501 of the Refugee Education Assistance

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

15 Law 100–485, $4,544,643,000 $4,129,169,000.

16 In addition, $800,000 $25,900,000, to be derived from

17 the Violent Crime Reduction Trust Fund, for carrying out

18 sections 40211 40155, 40211, 40241, and 40251 of Public

19 Law 103–322.

20 FAMILY PRESERVATION AND SUPPORT

21 For carrying out section 430 of the Social Security

22 Act, $225,000,000.
44

HR 2127 RS

1 PAYMENTS TO STATES FOR FOSTER CARE AND ADOPTION

2 ASSISTANCE

3 For making payments to States or other non-Federal

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

5 $4,307,842,000 $4,322,238,000.

6 ADMINISTRATION ON AGING

7 AGING SERVICES PROGRAMS

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

10 $778,246,000 $836,027,000.

11 OFFICE OF THE SECRETARY

12 GENERAL DEPARTMENTAL MANAGEMENT

13 For necessary expenses, not otherwise provided, for

14 general departmental management, including hire of six

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

16 III, XVII, XX, and XXI of the Public Health Service Act,

17 $116,826,000 $133,722,000, together with $6,813,000

18 $6,628,000, to be transferred and expended as authorized

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

20 Hospital Insurance Trust Fund and the Supplemental

21 Medical Insurance Trust Fund.

22 OFFICE OF INSPECTOR GENERAL

23 For expenses necessary for the Office of Inspector

24 General in carrying out the provisions of the Inspector

25 General Act of 1978, as amended, $56,333,000
45

HR 2127 RS

1 $55,945,000, together with not to exceed $17,623,000

2 $19,996,000, to be transferred and expended as authorized

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

4 Hospital Insurance Trust Fund and the Supplemental

5 Medical Insurance Trust Fund.

6 OFFICE FOR CIVIL RIGHTS

7 For expenses necessary for the Office for Civil

8 Rights, $10,249,000 $16,153,000, together with not to ex9 ceed $3,251,000 $3,314,000, to be transferred and ex10 pended as authorized by section 201(g)(1) of the Social

11 Security Act from the Hospital Insurance Trust Fund and

12 the Supplemental Medical Insurance Trust Fund.

13 POLICY RESEARCH

14 For carrying out, to the extent not otherwise pro15 vided, research studies under section 1110 of the Social

16 Security Act, $9,000,000 $14,500,000.

17 GENERAL PROVISIONS

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

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

20 and representation expenses when specifically approved by

21 the Secretary.

22 SEC. 202. The Secretary shall make available through

23 assignment not more than 60 employees of the Public

24 Health Service to assist in child survival activities and to

25 work in AIDS programs through and with funds provided
46

HR 2127 RS

1 by the Agency for International Development, the United

2 Nations International Children’s Emergency Fund or the

3 World Health Organization.

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

5 Act may be used to implement section 399L(b) of the Pub6 lic Health Service Act or section 1503 of the National In7 stitutes of Health Revitalization Act of 1993, Public Law

8 103–43.

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

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

11 the Child Abuse Prevention and Treatment Act by reason

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

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

14 Regulations. This provision expires upon the date of enact15 ment of the reauthorization of the Child Abuse Prevention

16 and Treatment Act or upon September 30, 1996, which17 ever occurs first.

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

19 for the National Institutes of Health and the Substance

20 Abuse and Mental Health Services Administration shall

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

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

23 $125,000 per year.

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

25 office located in the Department of Health and Human
47

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1 Services shall be treated as a reprogramming of funds ex2 cept that this provision shall not apply to assessments re3 quired by authorizing legislation, or related to working

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

5 Sec. 206. None of the funds appropriated in this Act

6 may be expended pursuant to section 241 of the Public

7 Health Service Act, except for funds specifically provided

8 for in this Act, prior to the Secretary’s preparation and

9 submission of a report to the Committee on Appropriations

10 of the Senate and of the House detailing the planned uses

11 of such funds.

12 (TRANSFER OF FUNDS)

13 SEC. 207. Of the funds appropriated or otherwise

14 made available for the Department of Health and Human

15 Services, General Departmental Management, for fiscal

16 year 1996, the Secretary of Health and Human Services

17 shall transfer to the Office of the Inspector General such

18 sums as may be necessary for any expenses with respect

19 to the provision of security protection for the Secretary

20 of Health and Human Services.

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

22 may be obligated or expended for the Federal Council on

23 Aging under the Older Americans Act or the Advisory

24 Board on Child Abuse and Neglect under the Child Abuse

25 Prevention and Treatment Act.
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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 SEC. 210. Of the budgetary resources available to the

5 Department of Health and Human Services, under the

6 heading, ‘‘National Institutes of Health’’, for administra7 tive expenses during fiscal year 1996, $41,665,000 are per8 manently canceled.

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

10 and Human Services Appropriations Act, 1996’’.

11 TITLE III—DEPARTMENT OF EDUCATION

12 EDUCATION REFORM

13 For carrying out activities authorized by titles II and

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

15 which For carrying out activities authorized by titles III

16 and IV of the Goals 2000: Educate America Act and titles

17 II, III, and IV of the School-to-Work Opportunities Act,

18 $432,500,000, of which $310,000,000 for the Goals 2000:

19 Educate America Act and $122,500,000 for the School-to20 Work Opportunities Act shall become available on July 1,

21 1996, and remain available through September 30, 1997:

22 Provided, That notwithstanding section 311(e) of Public

23 Law 103–227, the Secretary is authorized to grant up to

24 six additional State education agencies authority to waive
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1 Federal statutory or regulatory requirements for fiscal year

2 1996 and succeeding fiscal years.

3 EDUCATION FOR THE DISADVANTAGED

4 For carrying out title I of the Elementary and Sec5 ondary Education Act of 1965, $6,014,499,000, which

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

7 available through September 30, 1997: Provided, and sec8 tion 418A of the Higher Education Act, $6,517,166,000, of

9 which $6,500,827,000 shall become available on July 1,

10 1996 and shall remain available through September 30,

11 1997: Provided, That $5,266,863,000 shall be available for

12 basic grants under section 1124, which shall be allocated

13 without regard to section 1124(d): Provided further, That

14 up to $3,500,000 of these funds shall be available to the

15 Secretary on October 1, 1995 and shall remain available

16 through September 30, 1997, to obtain updated local-edu17 cational-agency-level census poverty data from the Bureau

18 of the Census: Provided further, That $692,341,000 shall

19 be available for concentration grants under section 1124(A)

20 and $3,370,000 shall be available for evaluations under sec21 tion 1501:–Provided further, That no funds shall be re22 served under section 1003(a) of said Act.

23 IMPACT AID

24 For carrying out programs of financial assistance to

25 federally affected schools authorized by title VIII of the
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1 Elementary and Secondary Education Act of 1965,

2 $645,000,000, of which $550,000,000 $677,959,000, of

3 which $581,170,000 shall be for basic support payments

4 under section 8003(b), $40,000,000 shall be for payments

5 for children with disabilities under section 8003(d),

6 $50,000,000 $36,800,000, to remain available until ex7 pended, shall be for payments under section 8003(f), and

8 $5,000,000 shall be for construction under section 8007,

9 and $14,989,000 shall be for Federal property payments

10 under section 8002:–Provided, That none of the funds pro11 vided shall be used for payments under section 8003(e).

12 SCHOOL IMPROVEMENT PROGRAMS

13 For carrying out school improvement activities au14 thorized by titles II, IV–A–1, V–A, VI, and X section 7203,

15 and titles IX, X and XIII of the Elementary and Second16 ary Education Act of 1965 and 1965; the Stewart B.

17 McKinney Homeless Assistance Act; and the Civil Rights

18 Act of 1964; $842,000,000, of which $723,000,000

19 $1,157,623,000 of which $975,760,000 shall become avail20 able on July 1, 1996, and remain available through Sep21 tember 30, 1997: Provided, That of the amount appro22 priated, $275,000,000 shall be for Eisenhower professional

23 development State grants under title II–B and

24 $275,000,000 shall be for innovative education program

25 strategies State grants under title VI–A: Provided further,
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1 That not less than $3,000,000 shall be for innovative pro2 grams under section 5111: Provided further, That

3 $200,000,000 shall be transferred to the Substance Abuse

4 and Mental Health Services Administration for youth sub5 stance abuse prevention which shall become available on

6 July 1, 1996, and remain available through September 30,

7 1997.

8 BILINGUAL AND IMMIGRANT EDUCATION

9 For carrying out, to the extent not otherwise pro10 vided, bilingual and immigrant education activities author11 ized by title VII of the Elementary and Secondary Edu12 cation Act, $103,000,000 $172,959,000 of which

13 $15,144,000 shall be for training activities under subpart

14 3 of part A of title VII, and $50,000,000 shall be for immi15 grant education programs authorized by part C: Provided,

16 That State educational agencies may use all, or any part

17 of, their part C allocation for competitive grants to local

18 educational agencies:–Provided further, That the Depart19 ment of Education should only support instructional pro20 grams which ensure that students completely master Eng21 lish in a timely fashion (a period of three to five years)

22 while meeting rigorous achievement standards in the aca23 demic content areas: Provided further, That no funds shall

24 be available for subpart 3 of part A.
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1 SPECIAL EDUCATION

2 For carrying out parts B, C, D, E, F, G, and H and

3 section 610(j)(2)(C) of the Individuals with Disabilities

4 Education Act, $3,092,491,000 $3,245,447,000, of which

5 $3,000,000,000 shall become available for obligation on

6 July 1, 1996, and shall remain available through Septem7 ber 30, 1997: Provided, That the Republic of the Marshall

8 Islands and the Federated States of Micronesia shall be con9 sidered jurisdictions for the purposes of section 611(e)(1),

10 of the Individuals with Disabilities Education Act.

11 REHABILITATION SERVICES AND DISABILITY RESEARCH

12 For carrying out, to the extent not otherwise pro13 vided, the Rehabilitation Act of 1973, the Technology-Re14 lated Assistance for Individuals with Disabilities Act, and

15 the Helen Keller National Center Act, as amended,

16 $2,455,760,000 $2,452,620,000.

17 SPECIAL INSTITUTIONS FOR PERSONS WITH

18 DISABILITIES

19 AMERICAN PRINTING HOUSE FOR THE BLIND

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

21 amended (20 U.S.C. 101 et seq.), $4,000,000 $6,680,000.

22 NATIONAL TECHNICAL INSTITUTE FOR THE DEAF

23 For the National Technical Institute for the Deaf

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

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

26 $43,041,000 of which $336,000 shall be for the endowment
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1 program as authorized under section 207 and shall be avail2 able until expended:–Provided, That from the amount

3 available, the Institute may at its discretion use funds for

4 the endowment program as authorized under section 207.

5 GALLAUDET UNIVERSITY

6 For the Kendall Demonstration Elementary School,

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

8 support of Gallaudet University under titles I and II of

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

10 et seq.), $72,028,000: $80,030,000 of which $1,000,000

11 shall be for the endowment program as authorized under

12 section 207, and shall be available until expended:–Pro13 vided, That from the amount available, the University may

14 at its discretion use funds for the endowment program as

15 authorized under section 207.

16 VOCATIONAL AND ADULT EDUCATION

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

20 National Literacy Act of 1991, $1,062,788,000

21 $1,273,627,000, of which $4,869,000 shall be for the Na22 tional Institute for Literacy; and of which $1,055,000,000

23 $1,270,708,000 shall become available on July 1, 1996 and

24 shall remain available through September 30, 1997: Pro25 vided, That of the amounts made available under the Carl

26 D. Perkins Vocational and Applied Technology Education
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1 Act, $1,000,000 $9,430,000 shall be for national programs

2 under title IV without regard to section 451 and $350,000

3 shall be for evaluations under section 346(b) of the Act.

4 STUDENT FINANCIAL ASSISTANCE

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

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

7 of 1965, as amended, $6,916,915,000 $6,751,290,000,

8 which shall remain available through September 30, 1997:

9 Provided, That notwithstanding section 401(a)(1) of the

10 Act, there shall be not to exceed 3,768,000 Pell Grant recipi11 ents in award year 1995–1996.

12 The maximum Pell Grant for which a student shall

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

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

15 as amended, if the Secretary determines, prior to publica16 tion of the payment schedule for award year 1996–1997,

17 that the $5,697,000,000 $5,400,000,000 included within

18 this appropriation for Pell Grant awards for award year

19 1996–1997, and any funds available from the fiscal year

20 1995 appropriation for Pell Grant awards, are insufficient

21 to satisfy fully all such awards for which students are eli22 gible, as calculated under section 401(b) of the Act, the

23 amount paid for each such award shall be reduced by ei24 ther a fixed or variable percentage, or by a fixed dollar

25 amount, as determined in accordance with a schedule of
55

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1 reductions established by the Secretary for this purpose:–

2 Provided further, That no Pell grant shall be awarded to

3 any student during award year 1996–1997 if the amount

4 of that grant as determined under section 401(b) of the

5 Act is less than $600.

6 FEDERAL FAMILY EDUCATION LOAN PROGRAM ACCOUNT

7 For Federal administrative expenses to carry out

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

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

10 HIGHER EDUCATION

11 For carrying out, to the extent not otherwise pro12 vided, parts A and B of title III, without regard to section

13 360(a)(1)(B)(ii), chapter 1 of subpart 2 and subpart 6 of

14 part A of title IV, subpart 2 of part E of title V, parts

15 A and B of title VI, title VII B and C of title VI, title

16 VII, part D of title IX, and parts B, C, D, F, and G of

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

18 A of title XI of the Higher Education Act of 1965, as

19 amended, Public Law 102–423 and the Mutual Edu20 cational and Cultural Exchange Act of 1961;

21 $757,700,000 $850,325,000, of which $16,712,000 for in22 terest subsidies under title VII of the Higher Education

23 Act, as amended, shall remain available until expended:

24 Provided, That $1,750,000 shall be available for National

25 Science Scholars as authorized prior to October 20, 1994.
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1 HOWARD UNIVERSITY

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

3 121 et seq.), $170,366,000 $182,348,000, of which

4 $3,372,000, to remain available until expended shall be for

5 a matching endowment grant to be administered in accord6 ance with the Howard University Endowment Act (Public

7 Law 98–480).

8 HIGHER EDUCATION FACILITIES LOANS

9 The Secretary is hereby authorized to make such ex10 penditures, within the limits of funds available under this

11 heading and in accord with law, and to make such con12 tracts and commitments without regard to fiscal year limi13 tation, as provided by section 104 of the Government Cor14 poration Control Act (31 U.S.C. 9104), as may be nec15 essary in carrying out the program for the current fiscal

16 year.

17 COLLEGE HOUSING AND ACADEMIC FACILITIES LOANS

18 PROGRAM

19 For administrative expenses to carry out the existing

20 direct loan program of college housing and academic facili21 ties loans entered into pursuant to title VII, part C, of

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

23 COLLEGE HOUSING LOANS

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

25 Act, as amended, for necessary expenses of the college
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1 housing loans program, previously carried out under title

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

3 expenditures and enter into contracts without regard to

4 fiscal year limitation using loan repayments and other re5 sources available to this account. Any unobligated bal6 ances becoming available from fixed fees paid into this ac7 count pursuant to 12 U.S.C. 1749d, relating to payment

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

9 for the operating expenses of this account.

10 HISTORICALLY BLACK COLLEGE AND UNIVERSITY

11 CAPITAL FINANCING, PROGRAM ACCOUNT

12 The total amount of bonds insured pursuant to sec13 tion 724 of title VII, part B of the Higher Education Act

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

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

16 of such bonds shall not exceed zero.

17 For administrative expenses to carry out the Histori18 cally Black College and University Capital Financing Pro19 gram entered into pursuant to title VII, part B of the

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

21 EDUCATION RESEARCH, STATISTICS, AND IMPROVEMENT

22 For carrying out activities authorized by the Edu23 cational Research, Development, Dissemination, and Im24 provement Act; the National Education Statistics Act;

25 part A of title III, parts A and B and section 10601 of
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1 title X of the Elementary and Secondary Education Act

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

3 $3,000,000 section 2102, parts A, B, C, and D of title III,

4 parts A, B, I, K, and L and section 10601 of title X, parts

5 B and C of title XIII of the Elementary and Secondary

6 Education Act of 1965, as amended, and title VI of the

7 Goals 2000: Educate America Act, $322,601,000: Provided,

8 That $4,106,000 shall be for section 10601 of the Elemen9 tary and Secondary Education Act: Provided further, That

10 $25,000,000 $15,000,000 shall be for section 3136 (K–12

11 technology learning challenges) and $10,000,000 shall be for

12 section 3141 of the Elementary and Secondary Education

13 Act (K–12 technology learning challenge): Provided fur14 ther, That none of the funds appropriated in this para15 graph may be obligated or expended for the Goals 2000

16 Community Partnerships Program: Provided further, That

17 $41,000,000 shall be for regional laboratories, $28,500,000

18 shall be for national research centers, $6,000,000 shall be

19 for International Education Exchange, $2,000,000 shall be

20 for Extended Time and Learning, and $3,000,000 shall be

21 for the elementary mathematics and science equipment

22 projects under the fund for the improvement of education.

23 LIBRARIES

24 For carrying out, to the extent not otherwise pro25 vided, titles I and III I, II, III, and IV of the Library
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1 Services and Construction Act, $101,227,000 and title II–

2 B of the Higher Education Act, $131,503,000, of which

3 $16,369,000 shall be used to carry out the provisions of title

4 II of the Library Services and Construction Act and shall

5 remain available until expended; and $4,523,000 shall be

6 for section 222 and $2,000,000 shall be for section 223 of

7 the Higher Education Act: Provided, That $1,000,000 shall

8 be awarded to a nonprofit foundation using multi-media

9 technology to document and archive not less than 40,000

10 holocaust survivors’ testimony: Provided further, That

11 $1,000,000 shall be for the continuation of a demonstration

12 project making information available for public use by con13 necting Internet to a multistate consortium.

14 DEPARTMENTAL MANAGEMENT

15 PROGRAM ADMINISTRATION

16 For carrying out, to the extent not otherwise pro17 vided, the Department of Education Organization Act, in18 cluding rental of conference rooms in the District of Co19 lumbia and hire of two passenger motor vehicles,

20 $327,319,000.

21 OFFICE FOR CIVIL RIGHTS

22 For expenses necessary for the Office for Civil

23 Rights, as authorized by section 203 of the Department

24 of Education Organization Act, $53,951,000 $55,451,000.
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1 OFFICE OF THE INSPECTOR GENERAL

2 For expenses necessary for the Office of the Inspector

3 General, as authorized by section 212 of the Department

4 of Education Organization Act, $28,154,000 $28,654,000.

5 HEADQUARTERS RENOVATION

6 For necessary expenses for the renovation of the De7 partment of Education headquarters building, $7,000,000,

8 to remain available until September 30, 1998.

9 GENERAL PROVISIONS

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

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

12 the purchase of equipment for such transportation) in

13 order to overcome racial imbalance in any school or school

14 system, or for the transportation of students or teachers

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

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

17 school or school system.

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

19 shall be used to require, directly or indirectly, the trans20 portation of any student to a school other than the school

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

22 requiring special education, to the school offering such

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

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

25 an indirect requirement of transportation of students in26 cludes the transportation of students to carry out a plan
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1 involving the reorganization of the grade structure of

2 schools, the pairing of schools, or the clustering of schools,

3 or any combination of grade restructuring, pairing or clus4 tering. The prohibition described in this section does not

5 include the establishment of magnet schools.

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

7 be used to prevent the implementation of programs of vol8 untary prayer and meditation in the public schools.

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

10 be made available for opportunity to learn standards or

11 strategies.

12 SEC. 305. Notwithstanding any other provision of

13 law, funds available for section 458 of the Higher Edu14 cation Act shall not exceed $320,000,000 $378,000,000 for

15 fiscal year 1996, of which $160,000,000 shall be available

16 for the payment of administrative cost allowances to guar17 anty agencies.–The Department of Education shall, within

18 30 days of enactment, develop a plan for the payment of

19 administrative cost allowances which shall be submitted to

20 the Chairs of the House Committee on Economic and

21 Educational Opportunities and the Senate Committee on

22 Labor and Human Resources in accordance with any stat23 utory formula enacted prior to March 31, 1996. Notwith24 standing section 458 of the Higher Education Act, the

25 Secretary may not use funds available under that section
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1 for subsequent fiscal years for administrative expenses of

2 the William D. Ford Direct Loan Program during fiscal

3 year 1996,–nor may the Secretary require the return of

4 guaranty agency reserve funds during fiscal year 1996.

5 No funds available to the Secretary may be used for

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

7 Ford Direct Loan Program, or for the hiring of advertis8 ing agencies or other third parties to provide advertising

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

10 the William D. Ford Direct Loan Program to institutions

11 of higher education.

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

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

14 would increase on-board employment at the Department

15 as of the date of enactment of this Act.

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

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

18 Loan Program except as administered by the Advisory

19 Committee on Student Financial Assistance.

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

21 by the Department of Education to implement new Indi22 vidual Procurement Agreements (IPAs).

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

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

25 932, and 1002 of the Higher Education Act of 1965, sec-
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1 tion 621(b) of Public Law 101–589, the President’s Advi2 sory Commission on Educational Excellence for Hispanic

3 Americans, and the President’s Board of Advisors on His4 torically Black Colleges and Universities.

5 SEC. 307. Section 444(b)(1)(E) of the General Edu6 cation Provisions Act (20 U.S.C. 1232g(b)(1)(E)) is

7 amended to read as follows:

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

9 whom such information is specifically—

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

11 pursuant to State statute adopted before No12 vember 19, 1974;

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

14 pursuant to State statute adopted before No15 vember 19, 1974, if the allowed reporting or

16 disclosure concerns the juvenile justice system

17 and such system’s ability to effectively serve the

18 student whose records are released, or

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

20 pursuant to State statute adopted after Novem21 ber 19, 1974, if—

22 ‘‘(I) the allowed reporting or disclo23 sure concerns the juvenile justice system

24 and such system’s ability to effectively
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1 serve, prior to adjudication, the student

2 whose records are released; and

3 ‘‘(II) the officials and authorities to

4 whom such information is disclosed certify

5 in writing to the educational agency or in6 stitution that the information will not be

7 disclosed to any other party except as pro8 vided under State law without the prior

9 written consent of the parent of the stu10 dent;’’.

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

12 Act may be used by the Office of Civil Rights of the De13 partment of Education after December 31, 1995, to en14 force title IX of the Education Amendments of 1972 (20

15 U.S.C. 1681 et seq.) with respect to gender equity in inter16 collegiate athletic programs, except when it is made known

17 to the Office that the Department has issued updated pol18 icy guidance to institutions of higher education which in19 cludes specific criteria clarifying how such institutions can

20 demonstrate a history and continuing practice of program

21 expansion for members of the underrepresented sex and

22 full and effective accommodation of the interests and abili23 ties of the underrepresented sex.

24 This title may be cited as the ‘‘Department of Edu25 cation Appropriations Act, 1996’’.
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1 TITLE IV—RELATED AGENCIES

2 ARMED FORCES RETIREMENT HOME

3 For expenses necessary for the Armed Forces Retire4 ment Home to operate and maintain the United States

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

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

7 Forces Retirement Home Trust Fund, $58,186,000

8 $53,755,000, of which $2,051,000 $1,857,000 shall remain

9 available until expended for construction and renovation

10 of the physical plants at the United States Soldiers’ and

11 Airmen’s Home and the United States Naval Home: Pro12 vided, That this appropriation shall not be available for

13 the payment of hospitalization of members of the Soldiers’

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

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

16 Army upon recommendation of the Board of Commis17 sioners and the Surgeon General of the Army.

18 CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

19 DOMESTIC VOLUNTEER SERVICE PROGRAMS, OPERATING

20 EXPENSES

21 For expenses necessary for the Corporation for Na22 tional and Community Service to carry out the provisions

23 of the Domestic Volunteer Service Act of 1973, as amend24 ed, $168,974,000 $200,892,000.
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1 CORPORATION FOR PUBLIC BROADCASTING

2 For payment to the Corporation for Public Broad3 casting, as authorized by the Communications Act of

4 1934, without regard to section 396(k)(3)(B)(iii), an

5 amount which shall be available within limitations speci6 fied by that Act, for the fiscal year 1998, $240,000,000

7 $260,000,000: Provided, That all funds appropriated here8 in shall be made available only if authorized: Provided fur9 ther, That no funds made available to the Corporation for

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

11 receptions, parties, or similar forms of entertainment for

12 Government officials or employees: Provided further, That

13 none of the funds contained in this paragraph shall be

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

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

16 or is discriminated against, on the basis of race, color, na17 tional origin, religion, or sex:–Provided further, That for

18 any fiscal year, the Secretary of the Treasury shall, not19 withstanding section 396(k)(2)(B) of the Communications

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

21 Public Broadcasting in accordance with the payment

22 methods required under Office of Management and Budg23 et Circular A–110 to minimize the time between the trans24 fer of funds from the Federal Treasury and the outlay

25 or expenditure of such funds by the Corporation.
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1 FEDERAL MEDIATION AND CONCILIATION SERVICE

2 SALARIES AND EXPENSES

3 For expenses necessary for the Federal Mediation

4 and Conciliation Service to carry out the functions vested

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

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

7 motor vehicles; and for expenses necessary for the Labor8 Management Cooperation Act of 1978 (29 U.S.C. 175a);

9 and for expenses necessary for the Service to carry out

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

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

12 $31,896,000 including $1,500,000, to remain available

13 through September 30, 1997, for activities authorized by the

14 Labor Management Cooperation Act of 1978 (29 U.S.C.

15 175a): Provided, That notwithstanding 31 U.S.C. 3302, fees

16 charged for special training activities up to full-cost recov17 ery shall be credited to and merged with this account, and

18 shall remain available until expended: Provided further,

19 That the Director of the Service is authorized to accept on

20 behalf of the United States gifts of services and real, per21 sonal, or other property in the aid of any projects or func22 tions within the Director’s jurisdiction.
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1 FEDERAL MINE SAFETY AND HEALTH REVIEW

2 COMMISSION

3 SALARIES AND EXPENSES

4 For expenses necessary for the Federal Mine Safety

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

6 $6,467,000 $6,200,000.

7 NATIONAL COMMISSION ON LIBRARIES AND

8 INFORMATION SCIENCE

9 SALARIES AND EXPENSES

10 For necessary expenses for the National Commission

11 on Libraries and Information Science, established by the

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

13 by Public Law 102–95), $450,000 $829,000.

14 NATIONAL COUNCIL ON DISABILITY

15 SALARIES AND EXPENSES

16 For expenses necessary for the National Council on

17 Disability as authorized by title IV of the Rehabilitation

18 Act of 1973, as amended, $1,397,000 $1,793,000.

19 NATIONAL EDUCATION GOALS PANEL

20 For expenses necessary for the National Education

21 Goals Panel, as authorized by title II, part A of the Goals

22 2000: Educate America Act, $1,000,000.
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1 NATIONAL LABOR RELATIONS BOARD

2 SALARIES AND EXPENSES

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

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

6 U.S.C. 141–167), and other laws, $123,233,000

7 $176,047,000: Provided, That no part of this appropriation

8 shall be available to organize or assist in organizing agri9 cultural laborers or used in connection with investigations,

10 hearings, directives, or orders concerning bargaining units

11 composed of agricultural laborers as referred to in section

12 2(3) of the Act of July 5, 1935 (29 U.S.C. 152), and as

13 amended by the Labor-Management Relations Act, 1947,

14 as amended, and as defined in section 3(f) of the Act of

15 June 25, 1938 (29 U.S.C. 203), and including in said defi16 nition employees engaged in the maintenance and oper17 ation of ditches, canals, reservoirs, and waterways when

18 maintained or operated on a mutual, nonprofit basis and

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

20 thereby is used for farming purposes:–Provided further,

21 That notwithstanding any other provisions of law, no part

22 of this appropriation may be used by the National Labor

23 Relations Board for the investigation or prosecution of al24 leged unfair labor practice charges under section 8 of the

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

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

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

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

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

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

11 for temporary relief or a restraining order as described

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

13 unless there is a reasonable likelihood of success on the

14 merits of the complaint that an unfair labor practice has

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

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

18 from injunctive relief is tolerable in light of the benefits

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

20 this appropriation shall be available for the exercise of the

21 National Labor Relations Board’s authority under section

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

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

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

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

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

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

9 NATIONAL MEDIATION BOARD

10 SALARIES AND EXPENSES

11 For expenses necessary to carry out the provisions

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

13 188), including emergency boards appointed by the Presi14 dent, $8,000,000 $7,837,000.

15 OCCUPATIONAL SAFETY AND HEALTH REVIEW

16 COMMISSION

17 SALARIES AND EXPENSES

18 For expenses necessary for the Occupational Safety

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

20 $8,200,000 $7,595,000.

21 PHYSICIAN PAYMENT REVIEW COMMISSION

22 SALARIES AND EXPENSES

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

24 of the Social Security Act, $2,923,000 $3,842,000, to be
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1 transferred to this appropriation from the Federal Supple2 mentary Medical Insurance Trust Fund.

3 PROSPECTIVE PAYMENT ASSESSMENT COMMISSION

4 SALARIES AND EXPENSES

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

6 of the Social Security Act, $3,267,000 $4,294,000, to be

7 transferred to this appropriation from the Federal Hos8 pital Insurance and the Federal Supplementary Medical

9 Insurance Trust Funds.

10 SOCIAL SECURITY ADMINISTRATION

11 PAYMENTS TO SOCIAL SECURITY TRUST FUNDS

12 For payment to the Federal Old-Age and Survivors

13 Insurance and the Federal Disability Insurance trust

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

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

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

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

20 SPECIAL BENEFITS FOR DISABLED COAL MINERS

21 For carrying out title IV of the Federal Mine Safety

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

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

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

3 be necessary.

4 For making benefit payments under title IV of the

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

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

7 available until expended.

8 SUPPLEMENTAL SECURITY INCOME PROGRAM

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

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

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

15 $18,753,834,000 $18,601,012,000, to remain available

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

17 provided to a State in the current fiscal year and not obli18 gated by the State during that year shall be returned to

19 the Treasury.

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

21 benefit payments to individuals under title XVI of the So22 cial Security Act, for unanticipated costs incurred for the

23 current fiscal year, such sums as may be necessary.
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1 For carrying out title XVI of the Social Security Act

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

3 to remain available until expended.

4 LIMITATION ON ADMINISTRATIVE EXPENSES

5 For necessary expenses, including the hire of two me6 dium size passenger motor vehicles, and not to exceed

7 $10,000 for official reception and representation expenses,

8 not more than $5,275,268,000 $5,271,183,000 may be ex9 pended, as authorized by section 201(g)(1) of the Social

10 Security Act or as necessary to carry out sections 9704

11 and 9706 of the Internal Revenue Code of 1986 from any

12 one or all of the trust funds referred to therein: Provided,

13 That reimbursement to the trust funds under this heading

14 for administrative expenses to carry out sections 9704 and

15 9706 of the Internal Revenue Code of 1986 shall be made,

16 with interest, not later than September 30, 1997.

17 In addition to funding already available under this

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

19 $407,000,000, for disability caseload processing.

20 In addition to funding already available under this

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

22 $228,000,000 $167,000,000, which shall remain available

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

24 network, including related equipment and administrative

25 expenses associated solely with this network, for the Social
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1 Security Administration and the State Disability Deter2 mination Services, may be expended from any or all of

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

4 Social Security Act.

5 OFFICE OF INSPECTOR GENERAL

6 For expenses necessary for the Office of Inspector

7 General in carrying out the provisions of the Inspector

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

9 with not to exceed $21,076,000, to be transferred and ex10 pended as authorized by section 201(g)(1) of the Social

11 Security Act from the Federal Old-Age and Survivors In12 surance Trust Fund and the Federal Disability Insurance

13 Trust Fund.

14 RAILROAD RETIREMENT BOARD

15 DUAL BENEFITS PAYMENTS ACCOUNT

16 For payment to the Dual Benefits Payments Ac17 count, authorized under section 15(d) of the Railroad Re18 tirement Act of 1974, $239,000,000, which shall include

19 amounts becoming available in fiscal year 1996 pursuant

20 to section 224(c)(1)(B) of Public Law 98–76; and in addi21 tion, an amount, not to exceed 2 percent of the amount

22 provided herein, shall be available proportional to the

23 amount by which the product of recipients and the average

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

25 total amount provided herein shall be credited in 12 ap-
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1 proximately equal amounts on the first day of each month

2 in the fiscal year.

3 FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT

4 ACCOUNTS

5 For payment to the accounts established in the

6 Treasury for the payment of benefits under the Railroad

7 Retirement Act for interest earned on unnegotiated

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

9 30, 1997, which shall be the maximum amount available

10 for payment pursuant to section 417 of Public Law

11 98–76.

12 LIMITATION ON ADMINISTRATION

13 For necessary expenses for the Railroad Retirement

14 Board in administering the Railroad Retirement Act and

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

16 $83,639,000, to be derived as authorized by section 15(h)

17 of the Railroad Retirement Act and section 10(a) of the

18 Railroad Unemployment Insurance Act, from the accounts

19 referred to in those sections.

20 SPECIAL MANAGEMENT IMPROVEMENT FUND

21 To effect management improvements, including the

22 reduction of backlogs, accuracy of taxation accounting,

23 and debt collection, $659,000, to be derived from the rail24 road retirement accounts and railroad unemployment in25 surance account: Provided, That these funds shall supple-
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1 ment, not supplant, existing resources devoted to such op2 erations and improvements.

3 LIMITATION ON THE OFFICE OF INSPECTOR GENERAL

4 For expenses necessary for the Office of Inspector

5 General for audit, investigatory and review activities, as

6 authorized by the Inspector General Act of 1978, as

7 amended, not more than $5,100,000 $6,147,000, to be de8 rived from the railroad retirement accounts and railroad

9 unemployment insurance account.

10 UNITED STATES INSTITUTE OF PEACE

11 OPERATING EXPENSES

12 For necessary expenses of the United States Institute

13 of Peace as authorized in the United States Institute of

14 Peace Act, $6,500,000 $11,500,000.

15 TITLE V—GENERAL PROVISIONS

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

17 Human Services, and Education are authorized to transfer

18 unexpended balances of prior appropriations to accounts

19 corresponding to current appropriations provided in this

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

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

22 which they were originally appropriated.

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

24 this Act shall remain available for obligation beyond the

25 current fiscal year unless expressly so provided herein.
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1 SEC. 503. (a) No part of any appropriation contained

2 in this Act shall be used, other than for normal and recog3 nized executive-legislative relationships, for publicity or

4 propaganda purposes, for the preparation, distribution, or

5 use of any kit, pamphlet, booklet, publication, radio, tele6 vision, or film presentation designed to support or defeat

7 legislation pending before the Congress, except in presen8 tation to the Congress itself.

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

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

11 grant or contract recipient, or agent acting for such recipi12 ent, related to any activity designed to influence legislation

13 or appropriations pending before the Congress.

14 SEC. 504. The Secretaries of Labor and Education

15 are each authorized to make available not to exceed

16 $15,000 from funds available for salaries and expenses

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

18 and representation expenses; the Director of the Federal

19 Mediation and Conciliation Service is authorized to make

20 available for official reception and representation expenses

21 not to exceed $2,500 from the funds available for ‘‘Sala22 ries and expenses, Federal Mediation and Conciliation

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

24 Board is authorized to make available for official reception

25 and representation expenses not to exceed $2,500 from
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1 funds available for ‘‘Salaries and expenses, National Medi2 ation Board’’.

3 SEC. 505. Notwithstanding any other provision of

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

5 used to carry out any program of distributing sterile nee6 dles for the hypodermic injection of any illegal drug unless

7 the Secretary of Health and Human Services determines

8 that such programs are effective in preventing the spread

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

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

11 EQUIPMENT AND PRODUCTS.—It is the sense of the Con12 gress that, to the greatest extent practicable, all equip13 ment and products purchased with funds made available

14 in this Act should be American-made.

15 (b) NOTICE REQUIREMENT.—In providing financial

16 assistance to, or entering into any contract with, any en17 tity using funds made available in this Act, the head of

18 each Federal agency, to the greatest extent practicable,

19 shall provide to such entity a notice describing the state20 ment made in subsection (a) by the Congress.

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

22 requests for proposals, bid solicitations and other docu23 ments describing projects or programs funded in whole or

24 in part with Federal money, all grantees receiving Federal

25 funds, including but not limited to State and local govern-
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1 ments and recipients of Federal research grants, shall

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

3 program or project which will be financed with Federal

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

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

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

7 financed by nongovernmental sources.

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

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

10 made known to the Federal entity or official to which

11 funds are appropriated under this Act that such procedure

12 is necessary to save the life of the mother or that the preg13 nancy is the result of an act of rape or incest.

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

15 thereafter, and notwithstanding any other law, each State

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

17 that the State in its sole discretion deems appropriate, ex18 cept where the life of the mother would be endangered if

19 the fetus were carried to term.

20 SEC. 510. Notwithstanding any other provision of

21 law—

22 (1) no amount may be transferred from an ap23 propriation account for the Departments of Labor,

24 Health and Human Services, and Education except

25 as authorized in this or any subsequent appropria-
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1 tion act, or in the Act establishing the program or

2 activity for which funds are contained in this Act;

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

4 other than the one responsible for administering the

5 program or activity for which an appropriation is

6 made in this Act, may exercise authority for the tim7 ing of the obligation and expenditure of such appro8 priation, or for the purposes for which it is obligated

9 and expended, except to the extent and in the man10 ner otherwise provided in sections 1512 and 1513 of

11 title 31, United States Code; and

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

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

14 employee who is reassigned on a temporary detail

15 basis to another position in the employing agency or

16 department or in any other agency or department,

17 unless the detail is independently approved by the

18 head of the employing department or agency.

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

20 Act may be used for—

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

22 for research purposes; or

23 (2) research in which a human embryo or em24 bryos are destroyed, discarded, or knowingly sub25 jected to risk of injury or death greater than that
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1 allowed for research on fetuses in utero under 45

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

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

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

5 a human subject under 45 CFR 46 as of the date of enact6 ment of this Act, that is derived by fertilization, par7 thenogenesis, cloning, or any other means from one or

8 more human gametes.

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

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

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

12 made known to the Federal official having authority to

13 obligate or expend such funds that—

14 (1) such Federal program or State subject any

15 health care entity to discrimination on the basis

16 that—

17 (A) the entity refuses to undergo training

18 in the performance of induced abortions, to pro19 vide such training, to perform such abortions,

20 or to provide referrals for such abortions;

21 (B) the entity refuses to make arrange22 ments for any of the activities specified in sub23 paragraph (A); or

24 (C) the entity attends (or attended) a post25 graduate physician training program, or any
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1 other program of training in the health profes2 sions, that does not (or did not) require or pro3 vide training in the performance of induced

4 abortions, or make arrangements for the provi5 sion of such training; or

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

7 entity (including a license or certificate), or in pro8 viding to the entity financial assistance, a service, or

9 another benefit, such Federal program or State re10 quire that the entity be an accredited postgraduate

11 physician training program, or that the entity have

12 completed or be attending such a program, if the ap13 plicable standards for accreditation of the program

14 include the standard that the program must require

15 or provide training in the performance of induced

16 abortions, or make arrangements for the provision of

17 such training.

18 SEC. 513. (a) CONGRESSIONAL FINDINGS REGARD19 ING APPROPRIATE MINIMUM LENGTH OF STAY FOR ROU20 TINE DELIVERIES.—The Congress finds that—

21 (1) the Guidelines for Perinatal Care of the

22 American Academy of Pediatrics and the American

23 College of Obstetricians and Gynecologists rec24 ommend, when no complications are present, a

25 postpartum hospital stay of 48 hours for vaginal de-
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1 livery and 96 hours for caesarean birth, excluding

2 the day of delivery;

3 (2) the American College of Obstetricians and

4 Gynecologists reports that it has become common for

5 insurers to limit length of stay to up to 24 hours fol6 lowing vaginal delivery and up to 72 hours following

7 caesarean delivery, and the American College of Ob8 stetricians and Gynecologists has received reports of

9 insurers proposing limits of 12 hours, and in some

10 cases 6 hours, for routine deliveries;

11 (3) the American Medical Association recently

12 expressed concern about the trend toward increas13 ingly brief perinatal hospital stays as routine prac14 tice in the absence of adequate data to demonstrate

15 the practice is safe;

16 (4) the American College of Obstetricians and

17 Gynecologists has stated that the trend toward ear18 lier discharge is ‘‘equivalent to a large, uncontrolled,

19 uninformed experiment that may potentially affect

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

21 (5) a recent study by Dartmouth-Hitchcock

22 Medical Center found that within an infant’s first

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

24 of readmission and 70 percent increased risk of
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1 emergency room visits if the infant is discharged at

2 less than two days of age;

3 (6) studies have shown that early release of in4 fants can result in jaundice, feeding problems, res5 piratory difficulties, and infections of the cord, ears,

6 and eyes;

7 (7) the American Medical Association has urged

8 hospitals and insurance companies, in the absence of

9 empirical data, to allow the perinatal discharge of

10 mothers and infants to be determined by the clinical

11 judgment of attending physicians not by economic

12 considerations; and

13 (8) the American Medical Association rec14 ommends that the decision regarding perinatal dis15 charge should be made based on the criteria of medi16 cal stability, delivery of adequate predischarge edu17 cation, need for neonatal screening, and determina18 tion that adequate feeding is occurring and with

19 consideration of the mother’s social and emotional

20 needs and preferences.

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

22 sense of Congress that—

23 (1) the Maternal and Child Health Bureau

24 should promptly collaborate with other concerned

25 national organizations to encourage well-designed
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1 studies, separating economic concerns from concerns

2 about the health and well-being of mothers and chil3 dren, to identify safe neonatal practices with regard

4 to the hospital discharge of mothers and infants and

5 establish appropriate medical care procedures during

6 the perinatal period;

7 (2) decisions on how long mothers and

8 newborns should stay in the hospital after delivery

9 and before discharge should be made by doctors and

10 patients together based on the medical and health

11 care needs of the mother and newborn and not by

12 hospitals, health insurers, health services organiza13 tions, and health benefit plans based primarily on

14 economic considerations; and

15 (3) until further empirical data are collected so

16 as to indicate a need for change in current Guide17 lines, hospitals, health insurers, health services orga18 nizations, and health benefit plans should abide by

19 the current Guidelines for Perinatal Care of the

20 American Academy of Pediatrics and the American

21 College of Obstetricians and Gynecologists, that

22 state that the general time for discharge for mother

23 and baby should be at least 48 hours following un24 complicated vaginal delivery and at least 96 hours
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1 following uncomplicated caesarian birth and that

2 permit early discharge if specified criteria are met.

3 SEC. 514. LIMITATION ON USE OF FUNDS.—None

4 of the funds made available in this Act may be used for

5 the expenses of an electronic benefit transfer (EBT) task

6 force.

7 SEC. 515. CPI INDEX.—None of the funds made

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

9 Statistics to implement a change in the consumer price

10 index (which is used to determine cost of living adjust11 ments for such programs as social security) except when

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

13 are made available that the House of Representatives and

14 the Senate have authorized a change in such index based

15 upon a comprehensive revision of the market basket.

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

17 Act may be used to enforce the requirements of section

18 428(b)(1)(U)(iii) of the Higher Education Act of 1965

19 with respect to any lender when it is made known to the

20 Federal official having authority to obligate or expend

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

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

23 $5,000,000.

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

25 Act may be used for grants to students at an institution
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1 of higher education under the Pell Grant program under

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

3 when it is made known to the Federal official having au4 thority to obligate or expend such funds that such institu5 tion is ineligible to particpate in a loan program under

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

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

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

9 Act for ‘‘Corporation for National and Community Serv10 ice—Domestic Volunteer Service Programs, Operating

11 Expenses’’ is hereby increased by $13,793,000.

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

13 amounts otherwise provided in this Act, for carrying out

14 programs under the head ‘‘SCHOOL IMPROVEMENT PRO15 GRAMS’’; for carrying out programs under the head ‘‘VO16 CATIONAL AND ADULT EDUCATION’’, respectively,

17 $50,000,000 and $100,000,000, to be derived from

18 amounts under the head ‘‘AGENCY FOR HEALTH CARE

19 POLICY AND RESEARCH—HEALTH CARE POLICY AND RE20 SEARCH’’, $60,000,000: Provided, That, notwithstanding

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

22 the head ‘‘AGENCY FOR HEALTH CARE POLICY AND RE23 SEARCH—HEALTH CARE POLICY AND RESEARCH’’ shall be

24 expended from the Federal Hospital Insurance and the

25 Federal Supplementary Medical Insurance Trust Funds.
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1 SEC. 520. No more than 1 percent of salaries appro2 priated for each Agency in this Act may be expended by

3 that Agency on cash performance awards: Provided, That

4 of the budgetary resources available to Agencies in this Act

5 for salaries and expenses during fiscal year 1996,

6 $30,500,000, to be allocated by the Office of Management

7 and Budget, are permanently canceled: Provided further,

8 That the foregoing proviso shall not apply to the Food and

9 Drug Administration and the Indian Health Service.

10 TITLE VI—POLITICAL ADVOCACY

11 PROHIBITION ON THE USE OF FEDERAL FUNDS FOR

12 POLITICAL ADVOCACY

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

14 other provision of law, the following limitations apply to

15 any grant which is made from funds appropriated under

16 this or any other Act or controlled under any congressional

17 authorization until Congress provides specific exceptions

18 in subsequent Acts:

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

20 to engage in political advocacy.

21 (2) No grant applicant, except an individual

22 person, may receive any grant if its expenditures for

23 political advocacy for any one of the previous five

24 Federal fiscal years exceeded its prohibited political

25 advocacy threshold (but no Federal fiscal year before
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1 1996 shall be considered). For purposes of this title,

2 the prohibited political advocacy threshold for a

3 given Federal fiscal year is to be determined by the

4 following formula:

5 (A) calculate the difference between the

6 grant applicant’s total expenditures made in a

7 given Federal fiscal year and the total grants it

8 received in that Federal fiscal year;

9 (B) for the first $20,000,000 of the dif10 ference calculated in (A), multiply by .05;

11 (C) for the remainder of the difference cal12 culated in (A), multiply by .01;

13 (D) the sum of the products described in

14 (B) and (C) equals the prohibited political ad15 vocacy threshold.

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

17 a grantee, except an individual person, has posses18 sion, custody or control of grant funds, the grantee,

19 except an individual person, shall not use any funds

20 (whether derived from grants or otherwise) to en21 gage in political advocacy in excess of its prohibited

22 political advocacy threshold for the prior Federal fis23 cal year.

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

25 to purchase or secure any goods or services (includ-
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1 ing dues and membership fees) from any other indi2 vidual, entity, or organization whose expenditures

3 for political advocacy for the previous Federal fiscal

4 year exceeded 15 percent of its total expenditures

5 for that Federal fiscal year.

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

7 for any purpose (including but not limited to extend8 ing subsequent grants to any other individual, en9 tity, or organization) other than to purchase or se10 cure goods or services, except as specifically per11 mitted by Congress in the law authorizing the grant.

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

13 awards or administers a grant shall take reasonable

14 steps to ensure that the grantee complies with the

15 requirements of this title. Reasonable steps to en16 sure compliance shall include written notice to a

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

18 provisions of this title apply to the grantee.

19 (b) ENFORCEMENT.—The following enforcement pro20 visions apply with respect to the limitations imposed under

21 subsection (a):

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

23 time to time as follows:

24 (A) Audits may be requested and con25 ducted by the General Accounting Office or
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1 other auditing entity authorized by Congress,

2 including the inspector general of the Federal

3 entity awarding or administering the grant.

4 (B) Grantees shall follow generally accept5 ed accounting principles in keeping books and

6 records relating to each grant and no Federal

7 entity may impose more burdensome accounting

8 requirements for purposes of enforcing this

9 title.

10 (C) A grantee that engages in political ad11 vocacy shall have the burden of proving, by

12 clear and convincing evidence, that it is in com13 pliance with the limitations of this section.

14 (2) Violations by a grantee of the limitations

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

16 grant may be recovered in the same manner and to

17 the same extent as a false or fraudulent claim for

18 payment or approval made to the Federal Govern19 ment pursuant to sections 3729 through 3812 of

20 title 31, United States Code.

21 (3) Any officer or employee of the Federal Gov22 ernment who awards or administers funds from any

23 grant to a grantee who is not in compliance with

24 this section shall—
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1 (A) for knowing or negligent noncompli2 ance with this section, be subjected to appro3 priate administrative discipline, including, when

4 circumstances warrant, suspension from duty

5 without pay or removal from office; and

6 (B) for knowing noncompliance with this

7 section, pay a civil penalty of not more than

8 $5,000 for each improper disbursement of

9 funds.

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

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

12 advocacy’’ includes—

13 (A) carrying on propaganda, or otherwise

14 attempting to influence legislation or agency ac15 tion, including, but not limited to monetary or

16 in-kind contributions, endorsements, publicity,

17 or similar activity;

18 (B) participating or intervening in (includ19 ing the publishing or distributing of statements)

20 any political campaign on behalf of (or in oppo21 sition to) any candidate for public office, includ22 ing but not limited to monetary or in-kind con23 tributions, endorsements, publicity, or similar

24 activity;
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1 (C) participating in any judicial litigation

2 or agency proceeding (including as an amicus

3 curiae) in which agents or instrumentalities of

4 Federal, State, or local governments are par5 ties, other than litigation in which the grantee

6 or grant applicant: is a defendant appearing in

7 its own behalf; is defending its tax-exempt sta8 tus; or is challenging a government decision or

9 action directed specifically at the powers, rights,

10 or duties of that grantee or grant applicant;

11 and

12 (D) allocating, disbursing, or contributing

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

14 entity or organization whose expenditures for

15 political advocacy for the previous Federal fiscal

16 year exceeded 15 percent of its total expendi17 tures for that Federal fiscal year.

18 (2) INFLUENCE LEGISLATION OR AGENCY AC19 TION.—

20 (A) GENERAL RULE.—Except as otherwise

21 provided in subparagraph (B), the term ‘‘influ22 ence legislation or agency action’’ includes—

23 (i) any attempt to influence any legis24 lation or agency action through an attempt
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1 to affect the opinions of the general public

2 or any segment thereof, and

3 (ii) any attempt to influence any legis4 lation or agency action through commu5 nication with any member or employee of

6 a legislative body or agency, or with any

7 government official or employee who may

8 participate in the formulation of the legis9 lation or agency action.

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

11 legislation or agency action’’ does not include—

12 (i) making available the results of

13 nonpartisan analysis, study, research, or

14 debate;

15 (ii) providing technical advice or as16 sistance (where such advice would other17 wise constitute the influencing of legisla18 tion or agency action) to a governmental

19 body or to a committee or other subdivi20 sion thereof in response to a written re21 quest by such body or subdivision, as the

22 case may be;

23 (iii) communications between the

24 grantee and its bona fide members with re25 spect to legislation, proposed legislation,
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1 agency action, or proposed agency action

2 of direct interest to the grantee and such

3 members, other than communications de4 scribed in subparagraph (C);

5 (iv) any communication with a govern6 mental official or employee; other than—

7 (I) a communication with a mem8 ber or employee of a legislative body

9 or agency (where such communication

10 would otherwise constitute the influ11 encing of legislation or agency action);

12 or

13 (II) a communication the prin14 cipal purpose of which is to influence

15 legislation or agency action; and

16 (v) official communications by employ17 ees of State or local governments, or by or18 ganizations whose membership consists ex19 clusively of State or local governments.

20 (C) COMMUNICATIONS WITH MEMBERS.—

21 (i) A communication between a grant22 ee and any bona fide member of such orga23 nization to directly encourage such member

24 to communicate as provided in paragraph
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1 (2)(A)(ii) shall be treated as a (2)(A)(ii)

2 communication by the grantee itself.

3 (ii) A communication between a

4 grantee and any bona fide member of such

5 organization to directly encourage such

6 member to urge persons other than mem7 bers to communicate as provided in either

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

9 be treated as a communication described in

10 paragraph (2)(A)(i).

11 (3) The term ‘‘legislation’’ includes the intro12 duction, amendment, enactment, passage, defeat,

13 ratification, or repeal of Acts, bills, resolutions, trea14 ties, declarations, confirmations, articles of impeach15 ment, or similar items by the Congress, any State

16 legislature, any local council or similar governing

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

18 constitutional amendment, recall, confirmation, or

19 similar procedure.

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

21 any Federal funds, appropriated under this or any

22 other Act, or other thing of value to carry out a pub23 lic purpose of the United States, except: the provi24 sion of funds for acquisition (by purchase, lease or

25 barter) of property or services for the direct benefit
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1 or use of the United States; the payments of loans,

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

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

4 the provision of grant and scholarship funds to stu5 dents for educational purposes.

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

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

8 or local government, but shall include any recipient

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

10 from a state or local government.

11 (6) The term ‘‘agency action’’ includes the defi12 nition contained in section 551 of Title 5, United

13 States Code, and includes action by state or local

14 government agencies.

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

16 definition contained in section 551 of Title 5, United

17 States Code, and includes proceedings by state or

18 local government agencies.

19 DISCLOSURE REQUIREMENTS

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

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

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

23 entity that awarded or administered its grant an annual

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

25 grantee’s chief executive officer or equivalent person of au-
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1 thority, and setting forth: the grantee’s name, the grant2 ee’s identification number, and—

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

4 in political advocacy; or

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

6 political advocacy, and setting forth for each grant—

7 (A) the grant identification number;

8 (B) the amount or value of the grant (in9 cluding all administrative and overhead costs

10 awarded);

11 (C) a brief description of the purpose or

12 purposes for which the grant was awarded;

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

14 local government entity awarding or administer15 ing the grant, and program thereunder;

16 (E) the name and grantee identification

17 number of each individual, entity, or organiza18 tion to whom the grantee made a grant;

19 (F) a brief description of the grantee’s po20 litical advocacy, and a good faith estimate of

21 the grantee’s expenditures on political advocacy;

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

23 prohibited political advocacy threshold.

24 (b) OMB COORDINATION.—The Office of Manage25 ment and Budget shall develop by regulation one stand-
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1 ardized form for the annual report that shall be accepted

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

3 each grantee is assigned one permanent and unique grant4 ee identification number.

5 FEDERAL ENTITY REPORT

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

7 year, each Federal entity awarding or administering a

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

9 (standardized by the Office of Management and Budget)

10 setting forth the information provided to such Federal en11 tity by each grantee during the preceding Federal fiscal

12 year, and the name and grantee identification number of

13 each grantee to whom it provided written notice under sec14 tion 1(a)(6). The Bureau of the Census shall make this

15 database available to the public through the Internet.

16 PUBLIC ACCOUNTABILITY

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

18 shall make publicly available any grant application, audit

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

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

21 Federal entity’s annual report to the Bureau of the Cen22 sus.

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

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

25 documents in the Federal entity’s public document reading

26 room and also by expediting any requests under section
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1 552 of title 5, United States Code, the Freedom of Infor2 mation Act as amended, ahead of any requests for other

3 information pending at such Federal entity.

4 (c) Records described in section (a) shall not be sub5 ject to withholding except under exemption (b)(7)(A) of

6 section 552 of title 5, United States Code.

7 (d) No fees for searching for or copying such docu8 ments shall be charged to the public.

9 SEVERABILITY

10 SEC. 605. If any provision of this title or the applica11 tion thereof to any person or circumstance is held invalid,

12 the remainder of this title and the application of such pro13 vision to other persons and circumstances shall not be af14 fected thereby.

15 FIRST AMENDMENT RIGHTS PRESERVED

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

17 abridge any rights guaranteed under the first amendment

18 of the United States Constitution, including freedom of

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

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

21 of grievances.

22 TITLE VII—DEFICIT REDUCTION LOCK-BOX

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

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

25 SEC. 702. DEFICIT REDUCTION LOCK-BOX AC26 COUNT.—(a) ESTABLISHMENT OF ACCOUNT.—Title III of
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1 the Congressional Budget Act of 1974 is amended by add2 ing at the end the following new section:

3 ‘‘DEFICIT REDUCTION LOCK-BOX ACCOUNT

4 ‘‘SEC. 314. (a) ESTABLISHMENT OF AC5 COUNT.—There is established in the Congressional

6 Budget Office an account to be known as the ‘Defi7 cit Reduction Lock-box Account’. The Account shall

8 be divided into subaccounts corresponding to the

9 subcommittees of the Committees on Appropriations.

10 Each subaccount shall consist of three entries: the

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

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

13 Balance’.

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

15 a subaccount shall consist only of amounts credited

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

17 amount shall be made.

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

19 The Director of the Congressional Budget Office

20 (hereinafter in this section referred to as the ‘Direc21 tor’) shall, upon the engrossment of any appropria22 tion bill by the House of Representatives and upon

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

24 the applicable subaccount balance of that House

25 amounts of new budget authority and outlays equal

26 to the net amounts of reductions in new budget au-
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1 thority and in outlays resulting from amendments

2 agreed to by that House to that bill.

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

4 of Senate amendments to any appropriation bill,

5 credit to the applicable Joint House-Senate Lock6 box Balance the amounts of new budget authority

7 and outlays equal to—

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

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

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

11 amount of new budget authority in the Senate

12 Lock-box Balance for that bill; and

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

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

15 Lock-box Balance plus (ii) the amount of out16 lays in the Senate Lock-box Balance for that

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

18 Director of the Congressional Budget Office.

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

20 SENATE.—For purposes of calculating under this

21 section the net amounts of reductions in new budget

22 authority and in outlays resulting from amendments

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

24 amendments reported to the Senate by its Commit-
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1 tee on Appropriations shall be considered to be part

2 of the original text of the bill.

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

4 term ‘appropriation bill’ means any general or spe5 cial appropriation bill, and any bill or joint resolu6 tion making supplemental, deficiency, or continuing

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

8 (b) CONFORMING AMENDMENT.—The table of con9 tents set forth in section 1(b) of the Congressional Budget

10 and Impoundment Control Act of 1974 is amended by in11 serting after the item relating to section 313 the following

12 new item:

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

14 SEC. 703. TALLY DURING HOUSE CONSIDER15 ATION.—There shall be available to Members in the House

16 of Representatives during consideration of any appropria17 tions bill by the House a running tally of the amendments

18 adopted reflecting increases and decreases of budget au19 thority in the bill as reported.

20 Sec. 704. DOWNWARD ADJUSTMENT OF 602(A) ALLO21 CATIONS AND SECTION 602(B) SUBALLOCATIONS.—(a) AL22 LOCATIONS.—Section 602(a) of the Congressional Budget

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

24 new paragraph:
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1 ‘‘(5) Upon the engrossment of Senate amend2 ments to any appropriation bill (as defined in section

3 314(d)) for a fiscal year, the amounts allocated

4 under paragraph (1) or (2) to the Committee on Ap5 propriations of each House upon the adoption of the

6 most recent concurrent resolution on the budget for

7 that fiscal year shall be adjusted downward by the

8 amounts credited to the applicable Joint House-Sen9 ate Lock-box Balance under section 314(c)(2), as

10 calculated by the Director of the Congressional

11 Budget Office, and the revised levels of budget au12 thority and outlays shall be submitted to each House

13 by the chairman of the Committee on the Budget of

14 that House and shall be printed in the Congressional

15 Record.’’.

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

17 Congressional Budget Act of 1974 is amended by adding

18 at the end the following new sentence: ‘‘Whenever an ad19 justment is made under subsection (a)(5) to an allocation

20 under that subsection, the Director of the Congressional

21 Budget Office shall make downward adjustments in the

22 most recent suballocations of new budget authority and

23 outlays under subparagraph (A) to the appropriate sub24 committees of that committee in the total amounts of

25 those adjustments under section 314(c)(2). The revised
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1 suballocations shall be submitted to each House by the

2 chairman of the Committee on Appropriations of that

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

4 SEC. 705. PERIODIC REPORTING OF ACCOUNT

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

6 Budget Act of 1974 is amended by adding at the end the

7 following new sentence: ‘‘Such reports shall also include

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

9 account and each subaccount established by section

10 314(a).’’.

11 SEC. 706. DOWNWARD ADJUSTMENT OF DISCRE12 TIONARY SPENDING LIMITS.—The discretionary spending

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

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

15 1974, as adjusted in strict conformance with section 251

16 of the Balanced Budget and Emergency Deficit Control

17 Act of 1985, shall be reduced by the amount of the adjust18 ment to the section 602(a) allocations made under section

19 602(a)(5) of the Congressional Budget Act of 1974, as

20 calculated by the Director of the Office of Management

21 and Budget. The adjusted discretionary spending limit for

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

23 601(a)(2), shall be reduced as a result of the reduction

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

25 the Office of Management and Budget based upon pro-
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1 grammatic and other assumptions set forth in the joint

2 explanatory statement of managers accompanying the con3 ference report on that bill. Reductions (if any) shall occur

4 upon the enactment of all regular appropriation bills for

5 a fiscal year or a resolution making continuing appropria6 tions through the end of that fiscal year. This adjustment

7 shall be reflected in reports under sections 254(g) and

8 254(h) of the Balanced Budget and Emergency Deficit

9 Control Act of 1985.

10 SEC. 707. EFFECTIVE DATE.—(a) IN GENERAL.—

11 This title shall apply to all appropriation bills making ap12 propriations for fiscal year 1996 or any subsequent fiscal

13 year.

14 (b) FY96 APPLICATION.—In the case of any appro15 priation bill for fiscal year 1996 engrossed by the House

16 of Representatives on or after the date this bill was en17 grossed by the House of Representatives and before the

18 date of enactment of this bill, the Director of the Congres19 sional Budget Office, the Director of the Office of Man20 agement and Budget, and the Committees on Appropria21 tions and the Committees on the Budget of the House of

22 Representatives and of the Senate shall, within 10 cal23 endar days after that date of enactment of this Act, carry

24 out the duties required by this title and amendments made
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1 by it that occur after the date this Act was engrossed by

2 the House of Representatives.

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

4 of the Congressional Budget Office and of the Committees

5 on Budget and on Appropriations of the House of Rep6 resentatives pursuant to this title and the amendments

7 made by it regarding appropriation bills for fiscal year

8 1996 shall be based upon the revised section 602(a) alloca9 tions in effect on the date this Act was engrossed by the

10 House of Representatives.

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

12 ‘‘appropriation bill’’ means any general or special appro13 priation bill, and any bill or joint resolution making sup14 plemental, deficiency, or continuing appropriations

15 through the end of a fiscal year.

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

17 Health and Human Services, and Education, and Related

18 Agencies Appropriations Act, 1996’’.

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

Attest: ROBIN H. CARLE,

Clerk.

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