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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2127 Reported in Senate (RS)]

                                                       Calendar No. 189

104th CONGRESS

  1st Session

                               H. R. 2127

                          [Report No. 104-145]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

               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 with amendments
                                                       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.
    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the following sums 
are appropriated, out of any money in the Treasury not otherwise 
appropriated, for the Department of Labor, Health and Human Services, 
and Education, and related agencies for the fiscal year ending 
September 30, 1996, and for other purposes, namely:

                      TITLE I--DEPARTMENT OF LABOR

                 Employment and Training Administration

                    training and employment services

    For expenses necessary to carry into effect the Job Training 
Partnership Act, as amended, including the purchase and hire of 
passenger motor vehicles, the construction, alteration, and repair of 
buildings and other facilities, and the purchase of real property for 
training centers as authorized by the Job Training Partnership Act; 
paragraph (3) of section 506(a) of title V of the Older Americans Act 
of 1965, as amended, title II of the Civil Rights Act of 1991; the 
Women in Apprenticeship and Nontraditional Occupations Act; National 
Skill Standards Act of 1994; and the School-to-Work Opportunities Act; 
<DELETED>$3,180,441,000 </DELETED>$3,182,512,000 plus reimbursements, 
of which <DELETED>$2,936,154,000 </DELETED>$3,232,512,000 is available 
for obligation for the period July 1, 1996 through June 30, 1997; of 
which <DELETED>$148,535,000 </DELETED>$121,467,000 is available for the 
period July 1, 1996 through June 30, 1999 for necessary expenses of 
construction, rehabilitation, and acquisition of Job Corps centers; and 
of which <DELETED>$95,000,000 </DELETED>$122,500,000 shall be available 
from July 1, 1996 through September 30, 1997, for carrying out 
activities of the School-to-Work Opportunities Act: Provided, That 
<DELETED>$50,000,000 </DELETED>$55,004,000 shall be for carrying out 
section 401 of the Job Training Partnership Act, <DELETED>$65,000,000 
</DELETED>$73,570,000 shall be for carrying out section 402 of such 
Act, $7,300,000 shall be for carrying out section 441 of such Act, 
$5,060,000 shall be for all activities conducted by and through the 
National Occupational Information Coordinating Committee under such 
Act, <DELETED>$830,000,000 </DELETED>$745,700,000 shall be for carrying 
out title II, part A of such Act, and <DELETED>$126,672,000 
</DELETED>$311,460,000 shall be for carrying out title II, part C of 
such Act: Provided further, That no funds from any other appropriation 
shall be used to provide meal services at or for Job Corps centers: 
Provided further, That, notwithstanding any other provision of law, the 
Secretary of Labor may waive any of the requirements contained in 
sections 4, 104, 105, 107, 108, 121, 164, 204, 253, 254, 264, 301, 311, 
313, 314, and 315 of the Job Training Partnership Act in order to 
assist States in improving State workforce development systems, 
pursuant to a request submitted by a State that has prior to the date 
of enactment of this Act executed a Memorandum of Understanding with 
the United States requiring such State to meet agreed upon outcomes: 
Provided further, That funds used from this Act to carry out title III 
of the Job Training Partnership Act shall not be subject to the 
limitation contained in subsection (b) of section 315 of such Act; that 
the waiver allowing a reduction in the cost limitation relating to 
retraining services described in subsection (a)(2) of such section 315 
may be granted with respect to funds from this Act if a substate 
grantee demonstrates to the Governor that such waiver is appropriate 
due to the availability of low-cost retraining services, is necessary 
to facilitate the provision of needs-related payments to accompany 
long-term training, or is necessary to facilitate the provision of 
appropriate basic readjustment services and that funds used from this 
Act to carry out the Secretary's discretionary grants under part B of 
such title III may be used to provide needs-related payments to 
participants who, in lieu of meeting the requirements relating to 
enrollment in training under section 314(e) of such Act, are enrolled 
in training by the end of the sixth week after funds have been awarded: 
Provided further, That service delivery areas may transfer funding 
provided herein under authority of title II-C of the Job Training 
Partnership Act to the program authorized by title II-B of that Act, if 
such transfer is approved by the Governor: Provided further, That 
service delivery areas and substate areas may transfer funding provided 
herein under authority of title II-A and title III of the Job Training 
Partnership Act between the programs authorized by those titles of the 
Act, if such transfer is approved by the Governor: Provided further, 
That, notwithstanding any other provision of law, any proceeds from the 
sale of Job Corps Center facilities shall be retained by the Secretary 
of Labor to carry out the Job Corps program.

            community service employment for older americans
<DELETED>    To carry out title V of the Older Americans Act of 1965, 
as amended, $350,000,000.</DELETED>
    To carry out the activities for national grants or contracts with 
public agencies and public or private nonprofit organizations under 
paragraph (1)(A) of section 506(a) of title V of the Older Americans 
Act of 1965, as amended, or to carry out older worker activities as 
subsequently authorized, $273,000,000.
              federal unemployment benefits and allowances

    For payments during the current fiscal year of trade adjustment 
benefit payments and allowances under part I, and for training, for 
allowances for job search and relocation, and for related State 
administrative expenses under part II, subchapters B and D, chapter 2, 
title II of the Trade Act of 1974, as amended, $346,100,000, together 
with such amounts as may be necessary to be charged to the subsequent 
appropriation for payments for any period subsequent to September 15 of 
the current year.

     state unemployment insurance and employment service operations

    For activities authorized by the Act of June 6, 1933, as amended 
(29 U.S.C. 49-49l-1; 39 U.S.C. 3202(a)(1)(E)); title III of the Social 
Security Act, as amended (42 U.S.C. 502-504); necessary administrative 
expenses for carrying out 5 U.S.C. 8501-8523, and sections 225, 231-
235, 243-244, and 250(d)(1), 250(d)(3), title II of the Trade Act of 
1974, as amended; as authorized by section 7c of the Act of June 6, 
1933, as amended, necessary administrative expenses under sections 
101(a)(15)(H), 212(a)(5)(A), (m) (2) and (3), (n)(1), and 218(g) (1), 
(2), and (3), and 258(c) of the Immigration and Nationality Act, as 
amended (8 U.S.C. 1101 et seq.); necessary administrative expenses to 
carry out section 221(a) of the Immigration Act of 1990, 
<DELETED>$125,328,000 </DELETED>$117,328,000, together with not to 
exceed <DELETED>$3,107,404,000 </DELETED>$3,104,194,000 (including not 
to exceed $1,653,000 which may be used for amortization payments to 
States which had independent retirement plans in their State employment 
service agencies prior to 1980, and including not to exceed $2,000,000 
which may be obligated in contracts with non-State entities for 
activities such as occupational and test research activities which 
benefit the Federal-State Employment Service System), which may be 
expended from the Employment Security Administration account in the 
Unemployment Trust Fund, and of which the sums available in the 
allocation for activities authorized by title III of the Social 
Security Act, as amended (42 U.S.C. 502-504), and the sums available in 
the allocation for necessary administrative expenses for carrying out 5 
U.S.C. 8501-8523, shall be available for obligation by the States 
through December 31, 1996, except that funds used for automation 
acquisitions shall be available for obligation by States through 
September 30, 1998; and of which <DELETED>$125,328,000 
</DELETED>$115,452,000, together with not to exceed $738,283,000 of the 
amount which may be expended from said trust fund shall be available 
for obligation for the period July 1, 1996, through June 30, 1997, to 
fund activities under the Act of June 6, 1933, as amended, including 
the cost of penalty mail made available to States in lieu of allotments 
for such purpose, and of which $216,333,000 shall be available only to 
the extent necessary for additional State allocations to administer 
unemployment compensation laws to finance increases in the number of 
unemployment insurance claims filed and claims paid or changes in a 
State law: Provided, That to the extent that the Average Weekly Insured 
Unemployment (AWIU) for fiscal year 1996 is projected by the Department 
of Labor to exceed 2.785 million, an additional $28,600,000 shall be 
available for obligation for every 100,000 increase in the AWIU level 
(including a pro rata amount for any increment less than 100,000) from 
the Employment Security Administration Account of the Unemployment 
Trust Fund: Provided further, That funds appropriated in this Act which 
are used to establish a national one-stop career center network may be 
obligated in contracts, grants or agreements with non-State entities: 
Provided further, That funds appropriated under this Act for activities 
authorized under the Wagner-Peyser Act, as amended, and title III of 
the Social Security Act, may be used by the States to fund integrated 
Employment Service and Unemployment Insurance automation efforts, 
notwithstanding cost allocation principles prescribed under Office of 
Management and Budget Circular A-87.

        advances to the unemployment trust fund and other funds

    For repayable advances to the Unemployment Trust Fund as authorized 
by sections 905(d) and 1203 of the Social Security Act, as amended, and 
to the Black Lung Disability Trust Fund as authorized by section 
9501(c)(1) of the Internal Revenue Code of 1954, as amended; and for 
nonrepayable advances to the Unemployment Trust Fund as authorized by 
section 8509 of title 5, United States Code, and section 104(d) of 
Public Law 102-164, and section 5 of Public Law 103-6, and to the 
``Federal unemployment benefits and allowances'' account, to remain 
available until September 30, 1997, $369,000,000.
    In addition, for making repayable advances to the Black Lung 
Disability Trust Fund in the current fiscal year after September 15, 
1996, for costs incurred by the Black Lung Disability Trust Fund in the 
current fiscal year, such sums as may be necessary.
   advances to the employment security administration account of the 
                        unemployment trust fund

                              (rescission)

    Amounts remaining unobligated under this heading as of September 
30, 1995, are hereby rescinded.
                         program administration

    For expenses of administering employment and training programs and 
for carrying out section 908 of the Social Security Act, 
<DELETED>$83,505,000 </DELETED>$83,054,000, together with not to exceed 
<DELETED>$40,974,000 </DELETED>$40,793,000, which may be expended from 
the Employment Security Administration account in the Unemployment 
Trust Fund.

              Pension and Welfare Benefits Administration

                         salaries and expenses

    For necessary expenses for Pension and Welfare Benefits 
Administration, <DELETED>$64,113,000 </DELETED>$65,740,000.

                  Pension Benefit Guaranty Corporation

               pension benefit guaranty corporation fund

    The Pension Benefit Guaranty Corporation is authorized to make such 
expenditures, including financial assistance authorized by section 104 
of Public Law 96-364, within limits of funds and borrowing authority 
available to such Corporation, and in accord with law, and to make such 
contracts and commitments without regard to fiscal year limitations as 
provided by section 104 of the Government Corporation Control Act, as 
amended (31 U.S.C. 9104), as may be necessary in carrying out the 
program through September 30, 1996, for such Corporation: Provided, 
That not to exceed $10,603,000 shall be available for administrative 
expenses of the Corporation: Provided further, That expenses of such 
Corporation in connection with the collection of premiums, the 
termination of pension plans, for the acquisition, protection or 
management, and investment of trust assets, and for benefits 
administration services shall be considered as non-administrative 
expenses for the purposes hereof, and excluded from the above 
limitation.

                  Employment Standards Administration

                         salaries and expenses

    For necessary expenses for the Employment Standards Administration, 
including reimbursement to State, Federal, and local agencies and their 
employees for inspection services rendered, <DELETED>$246,967,000 
</DELETED>$259,190,000, together with $978,000 which may be expended 
from the Special Fund in accordance with sections 39(c) and 44(j) of 
the Longshore and Harbor Workers' Compensation Act: Provided, That the 
Secretary of Labor is authorized to accept, retain, and spend, until 
expended, in the name of the Department of Labor, all sums of money 
ordered to be paid to the Secretary of Labor, in accordance with the 
terms of the Consent Judgment in Civil Action No. 91-0027 of the United 
States District Court for the District of the Northern Mariana Islands 
(May 21, 1992): Provided further, That the Secretary of Labor is 
authorized to establish and, in accordance with 31 U.S.C. 3302, collect 
and deposit in the Treasury fees for processing applications and 
issuing certificates under sections 11(d) and 14 of the Fair Labor 
Standards Act of 1938, as amended (29 U.S.C. 211(d) and 214) and for 
processing applications and issuing registrations under Title I of the 
Migrant and Seasonal Agricultural Worker Protection Act, 29 U.S.C. 1801 
et seq.

                            special benefits

                     (including transfer of funds)

    For the payment of compensation, benefits, and expenses (except 
administrative expenses) accruing during the current or any prior 
fiscal year authorized by title 5, chapter 81 of the United States 
Code; continuation of benefits as provided for under the head 
``Civilian War Benefits'' in the Federal Security Agency Appropriation 
Act, 1947; the Employees' Compensation Commission Appropriation Act, 
1944; and sections 4(c) and 5(f) of the War Claims Act of 1948 (50 
U.S.C. App. 2012); and 50 per centum of the additional compensation and 
benefits required by section 10(h) of the Longshore and Harbor Workers' 
Compensation Act, as amended, $218,000,000 together with such amounts 
as may be necessary to be charged to the subsequent year appropriation 
for the payment of compensation and other benefits for any period 
subsequent to August 15 of the current year: Provided, That such sums 
as are necessary may be used under section 8104 of title 5, United 
States Code, by the Secretary to reimburse an employer, who is not the 
employer at the time of injury, for portions of the salary of a 
reemployed, disabled beneficiary: Provided further, That balances of 
reimbursements unobligated on September 30, 1995, shall remain 
available until expended for the payment of compensation, benefits, and 
expenses: Provided further, That in addition there shall be transferred 
to this appropriation from the Postal Service and from any other 
corporation or instrumentality required under section 8147(c) of title 
5, United States Code, to pay an amount for its fair share of the cost 
of administration, such sums as the Secretary of Labor determines to be 
the cost of administration for employees of such fair share entities 
through September 30, 1996: Provided further, That of those funds 
transferred to this account from the fair share entities to pay the 
cost of administration, <DELETED>$11,383,000 </DELETED>$19,383,000 
shall be made available to the Secretary of Labor for expenditures 
relating to capital improvements in support of Federal Employees' 
Compensation Act administration, and the balance of such funds shall be 
paid into the Treasury as miscellaneous receipts: Provided further, 
That the Secretary may require that any person filing a notice of 
injury or a claim for benefits under Subchapter 5, U.S.C., chapter 81, 
or under subchapter 33, U.S.C. 901, et seq. (the Longshore and Harbor 
Workers' Compensation Act, as amended), provide as part of such notice 
and claim, such identifying information (including Social Security 
account number) as such regulations may prescribe.

                    black lung disability trust fund

                     (including transfer of funds)

    For payments from the Black Lung Disability Trust Fund, 
<DELETED>$995,447,000 </DELETED>$998,080,000, of which $949,494,000 
shall be available until September 30, 1997, for payment of all 
benefits as authorized by section 9501(d) (1), (2), (4), and (7), of 
the Internal Revenue Code of 1954, as amended, and interest on advances 
as authorized by section 9501(c)(2) of that Act, and of which 
<DELETED>$26,045,000 </DELETED>$28,655,000 shall be available for 
transfer to Employment Standards Administration, Salaries and Expenses, 
and $19,621,000 for transfer to Departmental Management, Salaries and 
Expenses, and <DELETED>$287,000 </DELETED>$310,000 for transfer to 
Departmental Management, Office of Inspector General, for expenses of 
operation and administration of the Black Lung Benefits program as 
authorized by section 9501(d)(5)(A) of that Act: Provided, That in 
addition, such amounts as may be necessary may be charged to the 
subsequent year appropriation for the payment of compensation, 
interest, or other benefits for any period subsequent to August 15 of 
the current year: Provided further, That in addition such amounts shall 
be paid from this fund into miscellaneous receipts as the Secretary of 
the Treasury determines to be the administrative expenses of the 
Department of the Treasury for administering the fund during the 
current fiscal year, as authorized by section 9501(d)(5)(B) of that 
Act.

             Occupational Safety and Health Administration

                         salaries and expenses

    For necessary expenses for the Occupational Safety and Health 
Administration, <DELETED>$263,985,000 </DELETED>$296,656,000 including 
not to exceed <DELETED>$65,319,000 </DELETED>$67,084,000 which shall be 
the maximum amount available for grants to States under section 23(g) 
of the Occupational Safety and Health Act, which grants shall be no 
less than fifty percent of the costs of State occupational safety and 
health programs required to be incurred under plans approved by the 
Secretary under section 18 of the Occupational Safety and Health Act of 
1970; and, in addition, notwithstanding 31 U.S.C. 3302, the 
Occupational Safety and Health Administration may retain up to 
<DELETED>$500,000 </DELETED>$750,000 per fiscal year of training 
institute course tuition fees, otherwise authorized by law to be 
collected, and may utilize such sums for occupational safety and health 
training and education grants: Provided, That none of the funds 
appropriated under this paragraph shall be obligated or expended to 
prescribe, issue, administer, or enforce any standard, rule, 
regulation, or order under the Occupational Safety and Health Act of 
1970 which is applicable to any person who is engaged in a farming 
operation which does not maintain a temporary labor camp and employs 
ten or fewer employees: Provided further, That no funds appropriated 
under this paragraph shall be obligated or expended to administer or 
enforce any standard, rule, regulation, or order under the Occupational 
Safety and Health Act of 1970 with respect to any employer of ten or 
fewer employees who is included within a category having an 
occupational injury lost workday case rate, at the most precise 
Standard Industrial Classification Code for which such data are 
published, less than the national average rate as such rates are most 
recently published by the Secretary, acting through the Bureau of Labor 
Statistics, in accordance with section 24 of that Act (29 U.S.C. 673), 
except--
            (1) to provide, as authorized by such Act, consultation, 
        technical assistance, educational and training services, and to 
        conduct surveys and studies;
            (2) to conduct an inspection or investigation in response 
        to an employee complaint, to issue a citation for violations 
        found during such inspection, and to assess a penalty for 
        violations which are not corrected within a reasonable 
        abatement period and for any willful violations found;
            (3) to take any action authorized by such Act with respect 
        to imminent dangers;
            (4) to take any action authorized by such Act with respect 
        to health hazards;
            (5) to take any action authorized by such Act with respect 
        to a report of an employment accident which is fatal to one or 
        more employees or which results in hospitalization of two or 
        more employees, and to take any action pursuant to such 
        investigation authorized by such Act; and
            (6) to take any action authorized by such Act with respect 
        to complaints of discrimination against employees for 
        exercising rights under such Act:
Provided further, That the foregoing proviso shall not apply to any 
person who is engaged in a farming operation which does not maintain a 
temporary labor camp and employs ten or fewer employees.

                 Mine Safety and Health Administration

                         salaries and expenses

    For necessary expenses for the Mine Safety and Health 
Administration, <DELETED>$185,154,000 </DELETED>$200,646,000, including 
purchase and bestowal of certificates and trophies in connection with 
mine rescue and first-aid work, and the hire of passenger motor 
vehicles; the Secretary is authorized to accept lands, buildings, 
equipment, and other contributions from public and private sources and 
to prosecute projects in cooperation with other agencies, Federal, 
State, or private; the Mine Safety and Health Administration is 
authorized to promote health and safety education and training in the 
mining community through cooperative programs with States, industry, 
and safety associations; and any funds available to the Department may 
be used, with the approval of the Secretary, to provide for the costs 
of mine rescue and survival operations in the event of a major 
disaster: Provided, That none of the funds appropriated under this 
paragraph shall be obligated or expended to carry out section 115 of 
the Federal Mine Safety and Health Act of 1977 or to carry out that 
portion of section 104(g)(1) of such Act relating to the enforcement of 
any training requirements, with respect to shell dredging, or with 
respect to any sand, gravel, surface stone, surface clay, colloidal 
phosphate, or surface limestone mine.

                       Bureau of Labor Statistics

                         salaries and expenses

    For necessary expenses for the Bureau of Labor Statistics, 
including advances or reimbursements to State, Federal, and local 
agencies and their employees for services rendered, 
<DELETED>$296,993,000 </DELETED>$280,599,000, of which $11,549,000 
shall be for expenses of revising the Consumer Price Index and shall 
remain available until September 30, 1997, together with not to exceed 
<DELETED>$50,220,000 </DELETED>$49,774,000, which may be expended from 
the Employment Security Administration account in the Unemployment 
Trust Fund.

                        Departmental Management

                         salaries and expenses

    For necessary expenses for Departmental Management, including the 
hire of three sedans, and including up to <DELETED>$4,056,000 
</DELETED>$4,385,000 for the President's Committee on Employment of 
People With Disabilities, <DELETED>$134,220,000 </DELETED>$142,940,000; 
together with not to exceed $303,000, which may be expended from the 
Employment Security Administration account in the Unemployment Trust 
Fund.

                          working capital fund

    The language under this heading in Public Law 85-67, as amended, is 
further amended by adding the following before the last period: ``: 
Provided further, That within the Working Capital Fund, there is 
established an Investment in Reinvention Fund (IRF), which shall be 
available to invest in projects of the Department designed to produce 
measurable improvements in agency efficiency and significant taxpayer 
savings. Notwithstanding any other provision of law, the Secretary of 
Labor may retain up to $3,900,000 of the unobligated balances in the 
Department's annual Salaries and Expenses accounts as of September 30, 
1995, and transfer those amounts to the IRF to provide the initial 
capital for the IRF, to remain available until expended, to make loans 
to agencies of the Department for projects designed to enhance 
productivity and generate cost savings. Such loans shall be repaid to 
the IRF no later than September 30 of the fiscal year following the 
fiscal year in which the project is completed. Such repayments shall be 
deposited in the IRF, to be available without further appropriation 
action.''

        assistant secretary for veterans employment and training

    Not to exceed <DELETED>$175,883,000 </DELETED>$170,390,000 may be 
derived from the Employment Security Administration account in the 
Unemployment Trust Fund to carry out the provisions of 38 U.S.C. 4100-
4110A and 4321-4327, and Public Law 103-353, and which shall be 
available for obligation by the States through December 31, 1996.

                      office of inspector general

    For salaries and expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $44,426,000, together with not to exceed $3,615,000, which may 
be expended from the Employment Security Administration account in the 
Unemployment Trust Fund.

                           GENERAL PROVISIONS

    Sec. 101. None of the funds appropriated in this title for the Job 
Corps shall be used to pay the compensation of an individual, either as 
direct costs or any proration as an indirect cost, at a rate in excess 
of $125,000.
<DELETED>    Sec. 102. Section 427(c) of the Job Training Partnership 
Act, as amended, is repealed.</DELETED>
    Sec. 103. No amount of funds appropriated in this Act for fiscal 
year 1996 may be used to implement, administer, or enforce any 
executive order, or other rule or order, that prohibits Federal 
contracts with, or requires the debarment of, or imposes other sanction 
on, a contractor on the basis that such contractor or organizational 
unit thereof has permanently replaced lawfully striking workers.
<DELETED>    Sec. 104. None of the funds made available in this Act to 
the Department of Labor or the Pension Benefit Guaranty Corporation may 
be used--</DELETED>
        <DELETED>    (1) to implement or administer Interpretive 
        Bulletin 94-1, issued by the Secretary of Labor on June 23, 
        1994 (59 Fed. Reg. 32606; 29 C.F.R. 2509.94-1),</DELETED>
        <DELETED>    (2) to establish or maintain, or to contract with 
        (or otherwise provide assistance to) any other party to 
        establish or maintain, any clearinghouse, database, or other 
        listing which--</DELETED>
                <DELETED>    (A) makes available to employee benefit 
                plans (as defined in section 3(3) of the Employee 
                Retirement Income Security Act of 1974) information 
                relating to the status of investments as economically 
                targeted investments referred to in such Interpretive 
                Bulletin,</DELETED>
                <DELETED>    (B) provides assistance to employee 
                benefit plans (as so defined) or any other party to 
                develop or evaluate investments as economically 
                targeted investments referred to in such Interpretive 
                Bulletin, or</DELETED>
                <DELETED>    (C) identifies investments with respect to 
                which the Department or the Corporation will withhold 
                from undertaking enforcement actions under such Act by 
                reason of their status as economically targeted 
                investments referred to in such Interpretive 
                Bulletin,</DELETED>
        <DELETED>    (3) to administer or otherwise carry out the 
        contract entered into by the Department of Labor designated 
        ``Contract No. J-9-P-4-0060'' or any other similar contract 
        entered into by the Department or the Corporation (except to 
        the extent required by applicable law to provide for the 
        immediate termination of such contract), or</DELETED>
        <DELETED>    (4) to promote economically targeted investments 
        referred to in such Interpretive Bulletin, either by direct 
        means, such as lecture or travel, or by indirect 
        means.</DELETED>
<DELETED>    Sec. 105. None of the funds made available in this Act may 
be used by the Occupational Safety and Health Administration directly 
or through section 23(g) of the Occupational Safety and Health Act for 
the development, promulgation or issuance of any proposed or final 
standard or guideline regarding ergonomic protection or recording and 
reporting occupational injuries and illnesses directly related 
thereto.</DELETED>
<DELETED>    Sec. 106. Notwithstanding any other provision of law, no 
funds shall be expended by the Occupational Safety and Health 
Administration for the enforcement of the Fall Protection Standard 
published at subpart M of 29 CFR part 1926, until 30 days after a new 
standard has been promulgated by the Secretary of Labor (``the 
Secretary'').</DELETED>
<DELETED>    The Secretary shall develop this standard no later than 
180 days after the enactment of this Act. Until the publishing of the 
revised final rule, the Occupational Safety and Health Administration 
may only expend funds designated for the enforcement of an interim fall 
protection standard which adjusts all height requirements referenced at 
subpart M of 29 CFR part 1926 from 6 feet to 16 feet.</DELETED>
<DELETED>    Sec. 107. None of the funds appropriated in this Act may 
be obligated or expended by the Department of Labor for the purposes of 
enforcement and the issuance of fines under Hazardous Occupation Order 
Number 12 (HO 12) with respect to the placement or loading of materials 
by a person under 18 years of age into a cardboard baler that is in 
compliance with the American National Standards Institute safety 
standard ANSI Z245.5 1990, and a compactor that is in compliance with 
the American National Standards Institute safety standard ANSI Z245.2 
1992.</DELETED>
<DELETED>    Sec. 108. None of the funds appropriated in this Act may 
be obligated or expended by the Department of Labor for the purposes of 
enforcement and the issuance of fines under Hazardous Occupation Order 
Number 2 (HO 2) with respect to incidental and occasional driving by 
minors under age 18, unless the Secretary finds that the operation of a 
motor vehicle is the primary duty of the minor's employment.</DELETED>
    Sec. 109. Not to exceed 1 percent of any appropriation made 
available for the current fiscal year for the Department of Labor in 
this Act may be transferred between such appropriations, but no such 
appropriation shall be increased by more than 3 percent by any such 
transfers.
    This title may be cited as the ``Department of Labor Appropriations 
Act, 1996''.

           TITLE II--DEPARTMENT OF HEALTH AND HUMAN SERVICES

              Health Resources and Services Administration

                     health resources and services

    For carrying out titles II, III, VII, VIII, X, XIX, and XXVI of the 
Public Health Service Act, <DELETED>title V of the Social Security Act, 
and the Health Care Quality Improvement Act of 1986, as amended, 
</DELETED>section 427(a) of the Federal Coal Mine Health and Safety 
Act, title V of the Social Security Act, the Health Care Quality 
Improvement Act of 1986, as amended, Public Law 101-527, and the Native 
Hawaiian Health Care Act of 1988, as amended, <DELETED>$2,927,122,000 
</DELETED>$2,951,159,000, of which $411,000 shall remain available 
until expended for interest subsidies on loan guarantees made prior to 
fiscal year 1981 under part B of title VII of the Public Health Service 
Act: Provided, That the Division of Federal Occupational Health may 
utilize personal services contracting to employ professional 
management/administrative, and occupational health professionals: 
Provided further, That of the funds made available under this heading, 
<DELETED>$933,000 </DELETED>$858,000 shall be available until expended 
for facilities renovations at the Gillis W. Long Hansen's Disease 
Center: Provided further, That in addition to fees authorized by 
section 427(b) of the Health Care Quality Improvement Act of 1986, fees 
shall be collected for the full disclosure of information under the Act 
sufficient to recover the full costs of operating the National 
Practitioner Data Bank, and shall remain available until expended to 
carry out that Act: Provided further, That notwithstanding the last 
sentence of subsection (g)(3) of section 224 of the Public Health 
Service Act, and paragraphs (1) and (2) of subsection (k) of such 
section, $5,000,000 is available for fiscal year 1996 for a fund 
described in paragraph (2) of subsection (k) of such section, and 
subsection (g) of such section shall be deemed to apply to acts or 
omissions which occur on or before December 31, 1996: Provided further, 
That of the funds made available under this heading, $193,349,000 shall 
be for the program under title X of the Public Health Service Act to 
provide for voluntary family planning projects: Provided further, That 
amounts provided to said projects under such title shall not be 
expended for abortions, that all pregnancy counseling shall be 
nondirective, and that such amounts shall not be expended for any 
activity (including the publication or distribution of literature) that 
in any way tends to promote public support or opposition to any 
legislative proposal or candidate for public office: Provided further, 
That notwithstanding any other provision of law, funds made available 
under this heading may be used to continue operating the Council on 
Graduate Medical Education established by section 301 of Public Law 
102-408: Provided further, That the Secretary shall use amounts 
available for section 2603(b) of the Public Health Service Act as 
necessary to ensure that fiscal year 1996 grant awards made under 
section 2603(a) of such Act to eligible areas that received such grants 
in fiscal year 1995 are not less than the fiscal year 1995 level.

               medical facilities guarantee and loan fund

           federal interest subsidies for medical facilities

    For carrying out subsections (d) and (e) of section 1602 of the 
Public Health Service Act, $8,000,000, together with any amounts 
received by the Secretary in connection with loans and loan guarantees 
under title VI of the Public Health Service Act, to be available 
without fiscal year limitation for the payment of interest subsidies. 
During the fiscal year, no commitments for direct loans or loan 
guarantees shall be made.

               health education assistance loans program

    For the cost of guaranteed loans, such sums as may be necessary to 
carry out the purpose of the program, as authorized by title VII of the 
Public Health Service Act, as amended: Provided, That such costs, 
including the cost of modifying such loans, shall be as defined in 
section 502 of the Congressional Budget Act of 1974: Provided further, 
That these funds are available to subsidize gross obligations for the 
total loan principal any part of which is to be guaranteed at not to 
exceed $210,000,000. In addition, for administrative expenses to carry 
out the guaranteed loan program, <DELETED>$2,703,000 
</DELETED>$2,688,000.

             vaccine injury compensation program trust fund

    For payments from the Vaccine Injury Compensation Program Trust 
Fund, such sums as may be necessary for claims associated with vaccine-
related injury or death with respect to vaccines administered after 
September 30, 1988, pursuant to subtitle 2 of title XXI of the Public 
Health Service Act, to remain available until expended: Provided, That 
for necessary administrative expenses, not to exceed $3,000,000 shall 
be available from the Trust Fund to the Secretary of Health and Human 
Services.

                      vaccine injury compensation

    For payment of claims resolved by the United States Court of 
Federal Claims related to the administration of vaccines before October 
1, 1988, $110,000,000, to remain available until expended.

               Centers for Disease Control and Prevention

                disease control, research, and training

                         (including rescission)
    To carry out titles II, III, VII, XI, XV, XVII, <DELETED>and XIX 
</DELETED>XIX, and XXI of the Public Health Service Act, sections 101, 
102, 103, 201, 202, and 203 of the Federal Mine Safety and Health Act 
of 1977, and sections 20 and 22 of the Occupational Safety and Health 
Act of 1970; including insurance of official motor vehicles in foreign 
countries; and hire, maintenance, and operation of aircraft, 
<DELETED>$2,085,831,000 </DELETED>$2,052,783,000, of which 
<DELETED>$4,353,000 </DELETED>$4,575,000 shall remain available until 
expended for equipment and construction and renovation of facilities, 
and in addition, such sums as may be derived from authorized user fees, 
which shall be credited to this account: Provided, That in addition to 
amounts provided herein, up to <DELETED>$27,862,000 
</DELETED>$40,063,000 shall be available from amounts available under 
section 241 of the Public Health Service Act, to carry out the National 
Center for Health Statistics surveys: Provided further, That the 
Director may redirect the total amount made available under authority 
of Public Law 101-502, dated November 3, 1990, to activities the 
Director may so designate: Provided further, That the Congress is to be 
notified promptly of any such transfer.
    In addition, $39,100,000, to be derived from the Violent Crime 
Reduction Trust Fund, for carrying out sections 40151, 40261, and 40293 
of Public Law 103-322.
    Of the amounts made available under this heading in Public Law 103-
333, Public Law 103-112, and Public Law 102-394 for immunization 
activities, $53,000,000 are hereby rescinded.
                     National Institutes of Health

                       national cancer institute

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to cancer, <DELETED>$2,251,084,000 
</DELETED>$1,972,757,000.

               national heart, lung, and blood institute

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to cardiovascular, lung, and blood diseases, 
and blood and blood products, <DELETED>$1,355,866,000 
</DELETED>$1,266,465,000.

                 national institute of dental research

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to dental disease, <DELETED>$183,196,000 
</DELETED>$166,547,000.

    national institute of diabetes and digestive and kidney diseases

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to diabetes and digestive and kidney diseases, 
<DELETED>$771,252,000 </DELETED>$740,818,000.

        national institute of neurological disorders and stroke

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to neurological disorders and stroke, 
<DELETED>$681,534,000 </DELETED>$641,347,000.

         national institute of allergy and infectious diseases

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to allergy and infectious diseases, 
<DELETED>$1,169,628,000 </DELETED>$551,414,000.

             national institute of general medical sciences

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to general medical sciences, 
<DELETED>$946,971,000 </DELETED>$898,001,000.

        national institute of child health and human development

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to child health and human development, 
<DELETED>$595,162,000 </DELETED>$520,570,000.

                         national eye institute

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to eye diseases and visual disorders, 
<DELETED>$314,185,000 </DELETED>$297,489,000.
          national institute of environmental health sciences

    For carrying out sections 301 and 311 and title IV of the Public 
Health Service Act with respect to environmental health sciences, 
<DELETED>$288,898,000 </DELETED>$275,861,000.

                      national institute on aging

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to aging, <DELETED>$453,917,000 
</DELETED>$441,072,000.

 national institute of arthritis and musculoskeletal and skin diseases

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to arthritis, and musculoskeletal and skin 
diseases, <DELETED>$241,828,000 </DELETED>$232,919,000.

    national institute on deafness and other communication disorders

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to deafness and other communication disorders, 
<DELETED>$176,502,000 </DELETED>$170,562,000.

                 national institute of nursing research

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to nursing research, <DELETED>$55,831,000 
</DELETED>$49,624,000.

           national institute on alcohol abuse and alcoholism

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to alcohol abuse and alcoholism, 
<DELETED>$198,607,000 </DELETED>$183,733,000.

                    national institute on drug abuse

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to drug abuse, <DELETED>$458,441,000 
</DELETED>$295,554,000.

                  national institute of mental health

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to mental health, <DELETED>$661,328,000 
</DELETED>$553,127,000.

                 national center for research resources

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to research resources and general research 
support grants, <DELETED>$390,339,000 </DELETED>$304,267,000: Provided, 
That none of these funds shall be used to pay recipients of the general 
research support grants program any amount for indirect expenses in 
connection with such grants: Provided further, That $11,000,000 shall 
be for extramural facilities construction grants, of which $2,500,000 
shall be for grants authorized under section 481B of title IV of the 
Act.

               national center for human genome research

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to human genome research, 
<DELETED>$170,041,000 </DELETED>$164,902,000.

                  john e. fogarty international center

    For carrying out the activities at the John E. Fogarty 
International Center, <DELETED>$25,313,000 </DELETED>$15,104,000.

                      national library of medicine

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to health information communications, 
<DELETED>$141,439,000 </DELETED>$134,858,000, of which $4,000,000 shall 
be available until expended for improvement of information systems: 
Provided, That in fiscal year 1996, the Library may enter into personal 
services contracts for the provision of services in facilities owned, 
operated, or constructed under the jurisdiction of the National 
Institutes of Health.

                         office of the director

                     (including transfer of funds)

    For carrying out the responsibilities of the Office of the 
Director, National Institutes of Health, <DELETED>$261,488,000 
</DELETED>$233,151,000: Provided, That funding shall be available for 
the purchase of not to exceed five passenger motor vehicles for 
replacement only: Provided further, That the Director may direct up to 
1 percent of the total amount made available in this Act to all 
National Institutes of Health appropriations to activities the Director 
may so designate: Provided further, That no such appropriation shall be 
increased or decreased by more than 1 percent by any such transfers and 
that the Congress is promptly notified of the transfer<DELETED>:-
Provided further, That of the funds made available under this heading, 
$7,500,000 shall be available for carrying out the activities of the 
Office of Alternative Medicine under section 404E of the Public Health 
Service Act</DELETED>.

                        buildings and facilities

    For the study of, construction of, and acquisition of equipment 
for, facilities of or used by the National Institutes of Health, 
including the acquisition of real property, <DELETED>$146,151,000 
</DELETED>$140,384,000, to remain available until expended.
                        office of aids research

                     (including transfer of funds)

    For carrying out part D of title XXIII of the Public Health Service 
Act, $1,388,678,000: Provided, That the Director of the Office of AIDS 
Research shall transfer from this appropriation the amounts necessary 
to carry out section 2353(d) of the Act.
       Substance Abuse and Mental Health Services Administration

               substance abuse and mental health services

    For carrying out titles V and XIX of the Public Health Service Act 
with respect to substance abuse and mental health services, the 
Protection and Advocacy for Mentally Ill Individuals Act of 1986, and 
section 301 of the Public Health Service Act with respect to program 
management, <DELETED>$1,788,946,000 </DELETED>$1,669,928,000.

     retirement pay and medical benefits for commissioned officers

    For retirement pay and medical benefits of Public Health Service 
Commissioned Officers as authorized by law, and for payments under the 
Retired Serviceman's Family Protection Plan and Survivor Benefit Plan 
and for medical care of dependents and retired personnel under the 
Dependents' Medical Care Act (10 U.S.C. ch. 55), and for payments 
pursuant to section 229(b) of the Social Security Act (42 U.S.C. 
429(b)), such amounts as may be required during the current fiscal 
year.

               Agency for Health Care Policy and Research

                    health care policy and research

    For carrying out titles III and IX of the Public Health Service 
Act, and part A of title XI of the Social Security Act, 
<DELETED>$85,423,000, together with not to exceed $5,796,000 
</DELETED>$62,230,000 together with not to exceed $5,796,000 to be 
transferred from the Federal Hospital Insurance and the Federal 
Supplementary Medical Insurance Trust Funds, as authorized by sections 
1142 and 201(g) of the Social Security Act; in addition, amounts 
received from Freedom of Information Act fees, reimbursable and 
interagency agreements, and the sale of data tapes shall be credited to 
this appropriation and shall remain available until expended: Provided, 
That the amount made available pursuant to section 926(b) of the Public 
Health Service Act shall not exceed <DELETED>$34,284,000 
</DELETED>$59,284,000.

                  Health Care Financing Administration

                     grants to states for medicaid

    For carrying out, except as otherwise provided, titles XI and XIX 
of the Social Security Act, $55,094,355,000, to remain available until 
expended.
    For making, after May 31, 1996, payments to States under title XIX 
of the Social Security Act for the last quarter of fiscal year 1996 for 
unanticipated costs, incurred for the current fiscal year, such sums as 
may be necessary.
    For making payments to States under title XIX of the Social 
Security Act for the first quarter of fiscal year 1997, 
$26,155,350,000, to remain available until expended.
    Payment under title XIX may be made for any quarter with respect to 
a State plan or plan amendment in effect during such quarter, if 
submitted in or prior to such quarter and approved in that or any 
subsequent quarter.

                  payments to health care trust funds

    For payment to the Federal Hospital Insurance and the Federal 
Supplementary Medical Insurance Trust Funds, as provided under sections 
217(g) and 1844 of the Social Security Act, sections 103(c) and 111(d) 
of the Social Security Amendments of 1965, section 278(d) of Public Law 
97-248, and for administrative expenses incurred pursuant to section 
201(g) of the Social Security Act, $63,313,000,000.

                           program management

    For carrying out, except as otherwise provided, titles XI, XVIII, 
and XIX of the Social Security Act, and title XIII of the Public Health 
Service Act, the Clinical Laboratory Improvement Amendments of 1988, 
and section 4005(e) of Public Law 100-203, not to exceed 
<DELETED>$2,134,533,000 </DELETED>$2,105,869,000, together with all 
funds collected in accordance with section 353 of the Public Health 
Service Act, the latter funds to remain available until expended; the 
<DELETED>$2,134,533,000 </DELETED>$2,105,869,000, to be transferred to 
this appropriation as authorized by section 201(g) of the Social 
Security Act, from the Federal Hospital Insurance and the Federal 
Supplementary Medical Insurance Trust Funds: Provided, That all funds 
derived in accordance with 31 U.S.C. 9701 from organizations 
established under title XIII of the Public Health Service Act are to be 
credited to this appropriation.

      health maintenance organization loan and loan guarantee fund

    For carrying out subsections (d) and (e) of section 1308 of the 
Public Health Service Act, any amounts received by the Secretary in 
connection with loans and loan guarantees under title XIII of the 
Public Health Service Act, to be available without fiscal year 
limitation for the payment of outstanding obligations. During fiscal 
year 1996, no commitments for direct loans or loan guarantees shall be 
made.

                Administration for Children and Families

                   family support payments to states

    For making payments to States or other non-Federal entities, except 
as otherwise provided, under titles I, IV-A (other than section 
402(g)(6)) and D, X, XI, XIV, and XVI of the Social Security Act, and 
the Act of July 5, 1960 (24 U.S.C. ch. 9), $13,614,307,000, to remain 
available until expended.
    For making, after May 31 of the current fiscal year, payments to 
States or other non-Federal entities under titles I, IV-A and D, X, XI, 
XIV, and XVI of the Social Security Act, for the last three months of 
the current year for unanticipated costs, incurred for the current 
fiscal year, such sums as may be necessary.
    For making payments to States or other non-Federal entities under 
titles I, IV-A (other than section 402(g)(6)) and D, X, XI, XIV, and 
XVI of the Social Security Act and the Act of July 5, 1960 (24 U.S.C. 
ch. 9) for the first quarter of fiscal year 1997, $4,800,000,000, to 
remain available until expended.

                   job opportunities and basic skills

    For carrying out aid to families with dependent children work 
programs, as authorized by part F of title IV of the Social Security 
Act, $1,000,000,000.

                   low income home energy assistance

                         (including rescission)

    Of the funds made available beginning on October 1, 1995 under this 
heading in Public Law 103-333, <DELETED>$1,000,000,000 
</DELETED>$100,000,000 are hereby rescinded.
    For making payments under title XXVI of the Omnibus Budget 
Reconciliation Act of 1981, $1,000,000,000, to be available for 
obligation in the period October 1, 1996 through September 30, 1997.
    For making payments under title XXVI of the Omnibus Budget 
Reconciliation Act of 1981, an additional $600,000,000: Provided, That 
all of the funds available under this paragraph are hereby designated 
by Congress to be emergency requirements pursuant to section 
251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act 
of 1985: Provided further, That these funds shall be made available 
only after submission to Congress of a formal budget request by the 
President that includes designation of the entire amount of the request 
as an emergency requirement as defined in the Balanced Budget and 
Emergency Deficit Control Act of 1985.
                     refugee and entrant assistance

    For making payments for refugee and entrant assistance activities 
authorized by title IV of the Immigration and Nationality Act and 
section 501 of the Refugee Education Assistance Act of 1980 (Public Law 
96-422), <DELETED>$411,781,000 </DELETED>$397,172,000: Provided, That 
funds appropriated pursuant to section 414(a) of the Immigration and 
Nationality Act under Public Law 103-112 for fiscal year 1994 shall be 
available for the costs of assistance provided and other activities 
conducted in such year and in fiscal years 1995 and 1996.
                     community services block grant

    For making payments under the Community Services Block Grant Act 
and section 408 of Public Law 99-425, $431,483,000: Provided, That such 
funds to the extent they are distributed as grant funds by a State to 
an eligible entity as provided under the Act, and have not been 
expended by such entity, shall remain with such entity for carry-over 
into the next fiscal year for expenditure by such entity consistent 
with program purposes.
                 child care and development block grant

    For carrying out sections 658A through 658R of the Omnibus Budget 
Reconciliation Act of 1981 (The Child Care and Development Block Grant 
Act of 1990), $934,642,000, which shall be available for obligation 
under the same statutory terms and conditions applicable in the prior 
fiscal year.
                      social services block grant

    For making grants to States pursuant to section 2002 of the Social 
Security Act, <DELETED>$2,800,000,000 </DELETED>$2,520,000,000: 
Provided, That notwithstanding section 2003(c) of such Act, the amount 
specified for allocation under such section for fiscal year 1996 shall 
be $2,520,000,000.
                children and families services programs

    For carrying out, except as otherwise provided, the Runaway and 
Homeless Youth Act, the Developmental Disabilities Assistance and Bill 
of Rights Act, the Head Start Act, the Child Abuse Prevention and 
Treatment Act, the Family Violence Prevention and Services Act, the 
Native American Programs Act of 1974, title II of Public Law 95-266 
(adoption opportunities), the Temporary Child Care for Children with 
Disabilities and Crisis Nurseries Act of 1986, the Abandoned Infants 
Assistance Act of 1988, and part B(1) of title IV of the Social 
Security Act; <DELETED>for making payments under the Community Services 
Block Grant Act; </DELETED>and for necessary administrative expenses to 
carry out said Acts and titles I, IV, X, XI, XIV, XVI, and XX of the 
Social Security Act, the Act of July 5, 1960 (24 U.S.C. ch. 9), the 
Omnibus Budget Reconciliation Act of 1981, title IV of the Immigration 
and Nationality Act, section 501 of the Refugee Education Assistance 
Act of 1980, and section 126 and titles IV and V of Public Law 100-485, 
<DELETED>$4,544,643,000 </DELETED>$4,129,169,000.
    In addition, <DELETED>$800,000 </DELETED>$25,900,000, to be derived 
from the Violent Crime Reduction Trust Fund, for carrying out sections 
<DELETED>40211 </DELETED>40155, 40211, 40241, and 40251 of Public Law 
103-322.

                    family preservation and support

    For carrying out section 430 of the Social Security Act, 
$225,000,000.

       payments to states for foster care and adoption assistance

    For making payments to States or other non-Federal entities, under 
title IV-E of the Social Security Act, <DELETED>$4,307,842,000 
</DELETED>$4,322,238,000.

                        Administration on Aging

                        aging services programs

    For carrying out, to the extent not otherwise provided, the Older 
Americans Act of 1965, as amended, <DELETED>$778,246,000 
</DELETED>$836,027,000.

                        Office of the Secretary

                    general departmental management

    For necessary expenses, not otherwise provided, for general 
departmental management, including hire of six medium sedans, and for 
carrying out titles <DELETED>III and XX </DELETED>III, XVII, XX, and 
XXI of the Public Health Service Act, <DELETED>$116,826,000 
</DELETED>$133,722,000, together with <DELETED>$6,813,000 
</DELETED>$6,628,000, to be transferred and expended as authorized by 
section 201(g)(1) of the Social Security Act from the Hospital 
Insurance Trust Fund and the Supplemental Medical Insurance Trust Fund.

                      office of inspector general

    For expenses necessary for the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, <DELETED>$56,333,000 </DELETED>$55,945,000, together with not 
to exceed <DELETED>$17,623,000 </DELETED>$19,996,000, to be transferred 
and expended as authorized by section 201(g)(1) of the Social Security 
Act from the Hospital Insurance Trust Fund and the Supplemental Medical 
Insurance Trust Fund.

                        office for civil rights

    For expenses necessary for the Office for Civil Rights, 
<DELETED>$10,249,000 </DELETED>$16,153,000, together with not to exceed 
<DELETED>$3,251,000 </DELETED>$3,314,000, to be transferred and 
expended as authorized by section 201(g)(1) of the Social Security Act 
from the Hospital Insurance Trust Fund and the Supplemental Medical 
Insurance Trust Fund.

                            policy research

    For carrying out, to the extent not otherwise provided, research 
studies under section 1110 of the Social Security Act, 
<DELETED>$9,000,000 </DELETED>$14,500,000.

                           GENERAL PROVISIONS

    Sec. 201. Funds appropriated in this title shall be available for 
not to exceed $37,000 for official reception and representation 
expenses when specifically approved by the Secretary.
    Sec. 202. The Secretary shall make available through assignment not 
more than 60 employees of the Public Health Service to assist in child 
survival activities and to work in AIDS programs through and with funds 
provided by the Agency for International Development, the United 
Nations International Children's Emergency Fund or the World Health 
Organization.
    Sec. 203. None of the funds appropriated under this Act may be used 
to implement section 399L(b) of the Public Health Service Act 
<DELETED>or section 1503 of the National Institutes of Health 
Revitalization Act of 1993, Public Law 103-43</DELETED>.
    Sec. 204. None of the funds made available by this Act may be used 
to withhold payment to any State under the Child Abuse Prevention and 
Treatment Act by reason of a determination that the State is not in 
compliance with section 1340.2(d)(2)(ii) of title 45 of the Code of 
Federal Regulations. This provision expires upon the date of enactment 
of the reauthorization of the Child Abuse Prevention and Treatment Act 
or upon September 30, 1996, whichever occurs first.
    Sec. 205. None of the funds appropriated in this title for the 
National Institutes of Health and the Substance Abuse and Mental Health 
Services Administration shall be used to pay the salary of an 
individual, through a grant or other extramural mechanism, at a rate in 
excess of $125,000 per year.
<DELETED>    Sec. 206. Taps and other assessments made by any office 
located in the Department of Health and Human Services shall be treated 
as a reprogramming of funds except that this provision shall not apply 
to assessments required by authorizing legislation, or related to 
working capital funds or other fee-for-service activities.</DELETED>
    Sec. 206. None of the funds appropriated in this Act may be 
expended pursuant to section 241 of the Public Health Service Act, 
except for funds specifically provided for in this Act, prior to the 
Secretary's preparation and submission of a report to the Committee on 
Appropriations of the Senate and of the House detailing the planned 
uses of such funds.
                          (transfer of funds)

    Sec. 207. Of the funds appropriated or otherwise made available for 
the Department of Health and Human Services, General Departmental 
Management, for fiscal year 1996, the Secretary of Health and Human 
Services shall transfer to the Office of the Inspector General such 
sums as may be necessary for any expenses with respect to the provision 
of security protection for the Secretary of Health and Human Services.
<DELETED>    Sec. 208. None of the funds appropriated in this Act may 
be obligated or expended for the Federal Council on Aging under the 
Older Americans Act or the Advisory Board on Child Abuse and Neglect 
under the Child Abuse Prevention and Treatment Act.</DELETED>
<DELETED>    Sec. 209. None of the funds appropriated in this or any 
other Act may be obligated or expended for the position of Surgeon 
General of the Public Health Service.</DELETED>
    Sec. 210. Of the budgetary resources available to the Department of 
Health and Human Services, under the heading, ``National Institutes of 
Health'', for administrative expenses during fiscal year 1996, 
$41,665,000 are permanently canceled.
    This title may be cited as the ``Department of Health and Human 
Services Appropriations Act, 1996''.

                   TITLE III--DEPARTMENT OF EDUCATION

                            education reform

    <DELETED>For carrying out activities authorized by titles II and 
III of the School-to-Work Opportunities Act, $95,000,000, which 
</DELETED>For carrying out activities authorized by titles III and IV 
of the Goals 2000: Educate America Act and titles II, III, and IV of 
the School-to-Work Opportunities Act, $432,500,000, of which 
$310,000,000 for the Goals 2000: Educate America Act and $122,500,000 
for the School-to-Work Opportunities Act shall become available on July 
1, 1996, and remain available through September 30, 1997: Provided, 
That notwithstanding section 311(e) of Public Law 103-227, the 
Secretary is authorized to grant up to six additional State education 
agencies authority to waive Federal statutory or regulatory 
requirements for fiscal year 1996 and succeeding fiscal years.

                    education for the disadvantaged

    For carrying out title I of the Elementary and Secondary Education 
Act of 1965, <DELETED>$6,014,499,000, which shall become available on 
July 1, 1996 and shall remain available through September 30, 1997: 
Provided, </DELETED>and section 418A of the Higher Education Act, 
$6,517,166,000, of which $6,500,827,000 shall become available on July 
1, 1996 and shall remain available through September 30, 1997: 
Provided, That $5,266,863,000 shall be available for basic grants under 
section 1124, which shall be allocated without regard to section 
1124(d): Provided further, That up to $3,500,000 of these funds shall 
be available to the Secretary on October 1, 1995 and shall remain 
available through September 30, 1997, to obtain updated local-
educational-agency-level census poverty data from the Bureau of the 
Census: Provided further, That $692,341,000 shall be available for 
concentration grants under section 1124(A) and $3,370,000 shall be 
available for evaluations under section 1501<DELETED>:-Provided 
further, That no funds shall be reserved under section 1003(a) of said 
Act</DELETED>.

                               impact aid

    For carrying out programs of financial assistance to federally 
affected schools authorized by title VIII of the Elementary and 
Secondary Education Act of 1965, <DELETED>$645,000,000, of which 
$550,000,000 </DELETED>$677,959,000, of which $581,170,000 shall be for 
basic support payments under section 8003(b), $40,000,000 shall be for 
payments for children with disabilities under section 8003(d), 
<DELETED>$50,000,000 </DELETED>$36,800,000, to remain available until 
expended, shall be for payments under section 8003(f), and $5,000,000 
shall be for construction under section 8007, and $14,989,000 shall be 
for Federal property payments under section 8002<DELETED>:-Provided, 
That none of the funds provided shall be used for payments under 
section 8003(e)</DELETED>.

                      school improvement programs

    For carrying out school improvement activities authorized by titles 
II, IV-A-1, V-A, VI, <DELETED>and X </DELETED>section 7203, and titles 
IX, X and XIII of the Elementary and Secondary Education Act of 
<DELETED>1965 and </DELETED>1965; the Stewart B. McKinney Homeless 
Assistance Act; and the Civil Rights Act of 1964; 
<DELETED>$842,000,000, of which $723,000,000 </DELETED>$1,157,623,000 
of which $975,760,000 shall become available on July 1, 1996, and 
remain available through September 30, 1997: Provided, That of the 
amount appropriated, $275,000,000 shall be for Eisenhower professional 
development State grants under title II-B and $275,000,000 shall be for 
innovative education program strategies State grants under title VI-A: 
Provided further, That not less than $3,000,000 shall be for innovative 
programs under section 5111: Provided further, That $200,000,000 shall 
be transferred to the Substance Abuse and Mental Health Services 
Administration for youth substance abuse prevention which shall become 
available on July 1, 1996, and remain available through September 30, 
1997.

                   bilingual and immigrant education

    For carrying out, to the extent not otherwise provided, bilingual 
and immigrant education activities authorized by title VII of the 
Elementary and Secondary Education Act, <DELETED>$103,000,000 
</DELETED>$172,959,000 of which $15,144,000 shall be for training 
activities under subpart 3 of part A of title VII, and $50,000,000 
shall be for immigrant education programs authorized by part C: 
Provided, That State educational agencies may use all, or any part of, 
their part C allocation for competitive grants to local educational 
agencies<DELETED>:-Provided further, That the Department of Education 
should only support instructional programs which ensure that students 
completely master English in a timely fashion (a period of three to 
five years) while meeting rigorous achievement standards in the 
academic content areas: Provided further, That no funds shall be 
available for subpart 3 of part A</DELETED>.

                           special education

    For carrying out parts B, C, D, E, F, G, and H and section 
610(j)(2)(C) of the Individuals with Disabilities Education Act, 
<DELETED>$3,092,491,000 </DELETED>$3,245,447,000, of which 
$3,000,000,000 shall become available for obligation on July 1, 1996, 
and shall remain available through September 30, 1997: Provided, That 
the Republic of the Marshall Islands and the Federated States of 
Micronesia shall be considered jurisdictions for the purposes of 
section 611(e)(1), of the Individuals with Disabilities Education Act.

            rehabilitation services and disability research

    For carrying out, to the extent not otherwise provided, the 
Rehabilitation Act of 1973, the Technology-Related Assistance for 
Individuals with Disabilities Act, and the Helen Keller National Center 
Act, as amended, <DELETED>$2,455,760,000 </DELETED>$2,452,620,000.

           Special Institutions for Persons With Disabilities

                 american printing house for the blind

    For carrying out the Act of March 3, 1879, as amended (20 U.S.C. 
101 et seq.), <DELETED>$4,000,000 </DELETED>$6,680,000.

               national technical institute for the deaf

    For the National Technical Institute for the Deaf under titles I 
and II of the Education of the Deaf Act of 1986 (20 U.S.C. 4301 et 
seq.), <DELETED>$39,737,000 </DELETED>$43,041,000 of which $336,000 
shall be for the endowment program as authorized under section 207 and 
shall be available until expended<DELETED>:-Provided, That from the 
amount available, the Institute may at its discretion use funds for the 
endowment program as authorized under section 207</DELETED>.

                          gallaudet university

    For the Kendall Demonstration Elementary School, the Model 
Secondary School for the Deaf, and the partial support of Gallaudet 
University under titles I and II of the Education of the Deaf Act of 
1986 (20 U.S.C. 4301 et seq.), <DELETED>$72,028,000</DELETED>: 
$80,030,000 of which $1,000,000 shall be for the endowment program as 
authorized under section 207, and shall be available until 
expended<DELETED>:-Provided, That from the amount available, the 
University may at its discretion use funds for the endowment program as 
authorized under section 207</DELETED>.

                     vocational and adult education

    For carrying out, to the extent not otherwise provided, the Carl D. 
Perkins Vocational and Applied Technology Education Act, the Adult 
Education Act, and the National Literacy Act of 1991, 
<DELETED>$1,062,788,000 </DELETED>$1,273,627,000, of which $4,869,000 
shall be for the National Institute for Literacy; and of which 
<DELETED>$1,055,000,000 </DELETED>$1,270,708,000 shall become available 
on July 1, 1996 and shall remain available through September 30, 1997: 
Provided, That of the amounts made available under the Carl D. Perkins 
Vocational and Applied Technology Education Act, <DELETED>$1,000,000 
</DELETED>$9,430,000 shall be for national programs under title IV 
without regard to section 451 and $350,000 shall be for evaluations 
under section 346(b) of the Act.

                      student financial assistance

    For carrying out subparts 1 and 3 of part A, part C, and part E of 
title IV of the Higher Education Act of 1965, as amended, 
<DELETED>$6,916,915,000 </DELETED>$6,751,290,000, which shall remain 
available through September 30, 1997: Provided, That notwithstanding 
section 401(a)(1) of the Act, there shall be not to exceed 3,768,000 
Pell Grant recipients in award year 1995-1996.
    The maximum Pell Grant for which a student shall be eligible during 
award year 1996-1997 shall be $2,440: Provided, That notwithstanding 
section 401(g) of the Act, as amended, if the Secretary determines, 
prior to publication of the payment schedule for award year 1996-1997, 
that the <DELETED>$5,697,000,000 </DELETED>$5,400,000,000 included 
within this appropriation for Pell Grant awards for award year 1996-
1997, and any funds available from the fiscal year 1995 appropriation 
for Pell Grant awards, are insufficient to satisfy fully all such 
awards for which students are eligible, as calculated under section 
401(b) of the Act, the amount paid for each such award shall be reduced 
by either a fixed or variable percentage, or by a fixed dollar amount, 
as determined in accordance with a schedule of reductions established 
by the Secretary for this purpose<DELETED>:-Provided further, That no 
Pell grant shall be awarded to any student during award year 1996-1997 
if the amount of that grant as determined under section 401(b) of the 
Act is less than $600</DELETED>.

             federal family education loan program account

    For Federal administrative expenses to carry out guaranteed student 
loans authorized by title IV, part B, of the Higher Education Act, as 
amended, $30,066,000.

                            higher education

    For carrying out, to the extent not otherwise provided, parts A and 
B of title III, without regard to section 360(a)(1)(B)(ii), 
<DELETED>chapter 1 of subpart 2 </DELETED>and subpart 6 of part A of 
title IV, subpart 2 of part E of title V, parts A <DELETED>and B of 
title VI, title VII </DELETED>B and C of title VI, title VII, 
<DELETED>part D of title IX, and </DELETED>parts B, C, D, F, and G of 
title IX, part A and subpart 1 of part B of title X, part A of title XI 
of the Higher Education Act of 1965, as amended, Public Law 102-423 and 
the Mutual Educational and Cultural Exchange Act of 1961; 
<DELETED>$757,700,000 </DELETED>$850,325,000, of which $16,712,000 for 
interest subsidies under title VII of the Higher Education Act, as 
amended, shall remain available until expended: Provided, That 
$1,750,000 shall be available for National Science Scholars as 
authorized prior to October 20, 1994.

                           howard university

    For partial support of Howard University (20 U.S.C. 121 et seq.), 
<DELETED>$170,366,000 </DELETED>$182,348,000, of which $3,372,000, to 
remain available until expended shall be for a matching endowment grant 
to be administered in accordance with the Howard University Endowment 
Act (Public Law 98-480).

                   higher education facilities loans

    The Secretary is hereby authorized to make such expenditures, 
within the limits of funds available under this heading and in accord 
with law, and to make such contracts and commitments without regard to 
fiscal year limitation, as provided by section 104 of the Government 
Corporation Control Act (31 U.S.C. 9104), as may be necessary in 
carrying out the program for the current fiscal year.

         college housing and academic facilities loans program

    For administrative expenses to carry out the existing direct loan 
program of college housing and academic facilities loans entered into 
pursuant to title VII, part C, of the Higher Education Act, as amended, 
$700,000.

                         college housing loans

    Pursuant to title VII, part C of the Higher Education Act, as 
amended, for necessary expenses of the college housing loans program, 
previously carried out under title IV of the Housing Act of 1950, the 
Secretary shall make expenditures and enter into contracts without 
regard to fiscal year limitation using loan repayments and other 
resources available to this account. Any unobligated balances becoming 
available from fixed fees paid into this account pursuant to 12 U.S.C. 
1749d, relating to payment of costs for inspections and site visits, 
shall be available for the operating expenses of this account.

 historically black college and university capital financing, program 
                                account

    The total amount of bonds insured pursuant to section 724 of title 
VII, part B of the Higher Education Act shall not exceed $357,000,000, 
and the cost, as defined in section 502 of the Congressional Budget Act 
of 1974, of such bonds shall not exceed zero.
    For administrative expenses to carry out the Historically Black 
College and University Capital Financing Program entered into pursuant 
to title VII, part B of the Higher Education Act, as amended, $166,000.

            education research, statistics, and improvement

    For carrying out activities authorized by the Educational Research, 
Development, Dissemination, and Improvement Act; the National Education 
Statistics Act; <DELETED>part A of title III, parts A and B and section 
10601 of title X of the Elementary and Secondary Education Act of 1965, 
as amended, $250,238,000: Provided, That $3,000,000 </DELETED>section 
2102, parts A, B, C, and D of title III, parts A, B, I, K, and L and 
section 10601 of title X, parts B and C of title XIII of the Elementary 
and Secondary Education Act of 1965, as amended, and title VI of the 
Goals 2000: Educate America Act, $322,601,000: Provided, That 
$4,106,000 shall be for section 10601 of the Elementary and Secondary 
Education Act: Provided further, That <DELETED>$25,000,000 
</DELETED>$15,000,000 shall be for section 3136 (K-12 technology 
learning challenges) and $10,000,000 shall be for section 3141 of the 
Elementary and Secondary Education Act <DELETED>(K-12 technology 
learning challenge): Provided further, That none of the funds 
appropriated in this paragraph may be obligated or expended for the 
Goals 2000 Community Partnerships Program</DELETED>: Provided further, 
That $41,000,000 shall be for regional laboratories, $28,500,000 shall 
be for national research centers, $6,000,000 shall be for International 
Education Exchange, $2,000,000 shall be for Extended Time and Learning, 
and $3,000,000 shall be for the elementary mathematics and science 
equipment projects under the fund for the improvement of education.

                               libraries

    For carrying out, to the extent not otherwise provided, titles 
<DELETED>I and III </DELETED>I, II, III, and IV of the Library Services 
and Construction Act, <DELETED>$101,227,000 </DELETED>and title II-B of 
the Higher Education Act, $131,503,000, of which $16,369,000 shall be 
used to carry out the provisions of title II of the Library Services 
and Construction Act and shall remain available until expended; and 
$4,523,000 shall be for section 222 and $2,000,000 shall be for section 
223 of the Higher Education Act: Provided, That $1,000,000 shall be 
awarded to a nonprofit foundation using multi-media technology to 
document and archive not less than 40,000 holocaust survivors' 
testimony: Provided further, That $1,000,000 shall be for the 
continuation of a demonstration project making information available 
for public use by connecting Internet to a multistate consortium.

                        Departmental Management

                         program administration

    For carrying out, to the extent not otherwise provided, the 
Department of Education Organization Act, including rental of 
conference rooms in the District of Columbia and hire of two passenger 
motor vehicles, $327,319,000.

                        office for civil rights

    For expenses necessary for the Office for Civil Rights, as 
authorized by section 203 of the Department of Education Organization 
Act, <DELETED>$53,951,000 </DELETED>$55,451,000.

                    office of the inspector general

    For expenses necessary for the Office of the Inspector General, as 
authorized by section 212 of the Department of Education Organization 
Act, <DELETED>$28,154,000 </DELETED>$28,654,000.

                        headquarters renovation

    For necessary expenses for the renovation of the Department of 
Education headquarters building, $7,000,000, to remain available until 
September 30, 1998.
                           GENERAL PROVISIONS

    Sec. 301. No funds appropriated in this Act may be used for the 
transportation of students or teachers (or for the purchase of 
equipment for such transportation) in order to overcome racial 
imbalance in any school or school system, or for the transportation of 
students or teachers (or for the purchase of equipment for such 
transportation) in order to carry out a plan of racial desegregation of 
any school or school system.
    Sec. 302. None of the funds contained in this Act shall be used to 
require, directly or indirectly, the transportation of any student to a 
school other than the school which is nearest the student's home, 
except for a student requiring special education, to the school 
offering such special education, in order to comply with title VI of 
the Civil Rights Act of 1964. For the purpose of this section an 
indirect requirement of transportation of students includes the 
transportation of students to carry out a plan involving the 
reorganization of the grade structure of schools, the pairing of 
schools, or the clustering of schools, or any combination of grade 
restructuring, pairing or clustering. The prohibition described in this 
section does not include the establishment of magnet schools.
    Sec. 303. No funds appropriated under this Act may be used to 
prevent the implementation of programs of voluntary prayer and 
meditation in the public schools.
<DELETED>    Sec. 304. No funds appropriated under this Act shall be 
made available for opportunity to learn standards or 
strategies.</DELETED>
    Sec. 305. Notwithstanding any other provision of law, funds 
available for section 458 of the Higher Education Act shall not exceed 
<DELETED>$320,000,000 </DELETED>$378,000,000 for fiscal year 1996, of 
which $160,000,000 shall be available for the payment of administrative 
cost allowances to guaranty agencies<DELETED>.-The Department of 
Education shall, within 30 days of enactment, develop a plan for the 
payment of administrative cost allowances which shall be submitted to 
the Chairs of the House Committee on Economic and Educational 
Opportunities and the Senate Committee on Labor and Human Resources 
</DELETED>in accordance with any statutory formula enacted prior to 
March 31, 1996. Notwithstanding section 458 of the Higher Education 
Act, the Secretary may not use funds available under that section for 
subsequent fiscal years for administrative expenses of the William D. 
Ford Direct Loan Program during fiscal year 1996<DELETED>,-nor may the 
Secretary require the return of guaranty agency reserve funds during 
fiscal year 1996</DELETED>.
    No funds available to the Secretary may be used for (1) marketing, 
advertising or promotion of the William D. Ford Direct Loan Program, or 
for the hiring of advertising agencies or other third parties to 
provide advertising services<DELETED>,-or (2) payment of administrative 
fees relating to the William D. Ford Direct Loan Program to 
institutions of higher education</DELETED>.
<DELETED>    None of the funds provided by this Act may be used to hire 
staff at the Department of Education if such hiring would increase on-
board employment at the Department as of the date of enactment of this 
Act.</DELETED>
<DELETED>    None of the funds provided by this Act may be used to 
conduct an evaluation of the William D. Ford Direct Loan Program except 
as administered by the Advisory Committee on Student Financial 
Assistance.</DELETED>
<DELETED>    None of the funds provided by this Act may be used by the 
Department of Education to implement new Individual Procurement 
Agreements (IPAs).</DELETED>
<DELETED>    Sec. 306. None of the funds appropriated in this Act may 
be obligated or expended to carry out sections 727, 932, and 1002 of 
the Higher Education Act of 1965, section 621(b) of Public Law 101-589, 
the President's Advisory Commission on Educational Excellence for 
Hispanic Americans, and the President's Board of Advisors on 
Historically Black Colleges and Universities.</DELETED>
<DELETED>    Sec. 307. Section 444(b)(1)(E) of the General Education 
Provisions Act (20 U.S.C. 1232g(b)(1)(E)) is amended to read as 
follows:</DELETED>
        <DELETED>    ``(E) State and local officials or authorities to 
        whom such information is specifically--</DELETED>
                <DELETED>    ``(i) required to be reported or disclosed 
                pursuant to State statute adopted before November 19, 
                1974;</DELETED>
                <DELETED>    ``(ii) allowed to be reported or disclosed 
                pursuant to State statute adopted before November 19, 
                1974, if the allowed reporting or disclosure concerns 
                the juvenile justice system and such system's ability 
                to effectively serve the student whose records are 
                released, or</DELETED>
                <DELETED>    ``(iii) allowed to be reported or 
                disclosed pursuant to State statute adopted after 
                November 19, 1974, if--</DELETED>
                        <DELETED>    ``(I) the allowed reporting or 
                        disclosure concerns the juvenile justice system 
                        and such system's ability to effectively serve, 
                        prior to adjudication, the student whose 
                        records are released; and</DELETED>
                        <DELETED>    ``(II) the officials and 
                        authorities to whom such information is 
                        disclosed certify in writing to the educational 
                        agency or institution that the information will 
                        not be disclosed to any other party except as 
                        provided under State law without the prior 
                        written consent of the parent of the 
                        student;''.</DELETED>
<DELETED>    Sec. 308. None of the funds made available in this Act may 
be used by the Office of Civil Rights of the Department of Education 
after December 31, 1995, to enforce title IX of the Education 
Amendments of 1972 (20 U.S.C. 1681 et seq.) with respect to gender 
equity in intercollegiate athletic programs, except when it is made 
known to the Office that the Department has issued updated policy 
guidance to institutions of higher education which includes specific 
criteria clarifying how such institutions can demonstrate a history and 
continuing practice of program expansion for members of the 
underrepresented sex and full and effective accommodation of the 
interests and abilities of the underrepresented sex.</DELETED>
    This title may be cited as the ``Department of Education 
Appropriations Act, 1996''.

                       TITLE IV--RELATED AGENCIES

                      Armed Forces Retirement Home

    For expenses necessary for the Armed Forces Retirement Home to 
operate and maintain the United States Soldiers' and Airmen's Home and 
the United States Naval Home, to be paid from funds available in the 
Armed Forces Retirement Home Trust Fund, <DELETED>$58,186,000 
</DELETED>$53,755,000, of which <DELETED>$2,051,000 
</DELETED>$1,857,000 shall remain available until expended for 
construction and renovation of the physical plants at the United States 
Soldiers' and Airmen's Home and the United States Naval Home: Provided, 
That this appropriation shall not be available for the payment of 
hospitalization of members of the Soldiers' and Airmen's Home in United 
States Army hospitals at rates in excess of those prescribed by the 
Secretary of the Army upon recommendation of the Board of Commissioners 
and the Surgeon General of the Army.

             Corporation for National and Community Service

        domestic volunteer service programs, operating expenses

    For expenses necessary for the Corporation for National and 
Community Service to carry out the provisions of the Domestic Volunteer 
Service Act of 1973, as amended, <DELETED>$168,974,000 
</DELETED>$200,892,000.

                  Corporation for Public Broadcasting

    For payment to the Corporation for Public Broadcasting, as 
authorized by the Communications Act of 1934, without regard to section 
396(k)(3)(B)(iii), an amount which shall be available within 
limitations specified by that Act, for the fiscal year 1998, 
<DELETED>$240,000,000 </DELETED>$260,000,000: Provided, <DELETED>That 
all funds appropriated herein shall be made available only if 
authorized: Provided further, </DELETED>That no funds made available to 
the Corporation for Public Broadcasting by this Act shall be used to 
pay for receptions, parties, or similar forms of entertainment for 
Government officials or employees: Provided further, That none of the 
funds contained in this paragraph shall be available or used to aid or 
support any program or activity from which any person is excluded, or 
is denied benefits, or is discriminated against, on the basis of race, 
color, national origin, religion, or sex<DELETED>:-Provided further, 
That for any fiscal year, the Secretary of the Treasury shall, 
notwithstanding section 396(k)(2)(B) of the Communications Act of 1934, 
make funds available to the Corporation for Public Broadcasting in 
accordance with the payment methods required under Office of Management 
and Budget Circular A-110 to minimize the time between the transfer of 
funds from the Federal Treasury and the outlay or expenditure of such 
funds by the Corporation</DELETED>.

               Federal Mediation and Conciliation Service

                         salaries and expenses

    For expenses necessary for the Federal Mediation and Conciliation 
Service to carry out the functions vested in it by the Labor Management 
Relations Act, 1947 (29 U.S.C. 171-180, 182-183), including hire of 
passenger motor vehicles; and for expenses necessary for the Labor-
Management Cooperation Act of 1978 (29 U.S.C. 175a); and for expenses 
necessary for the Service to carry out the functions vested in it by 
the Civil Service Reform Act, Public Law 95-454 (5 U.S.C. chapter 71), 
<DELETED>$31,896,000 </DELETED>$31,896,000 including $1,500,000, to 
remain available through September 30, 1997, for activities authorized 
by the Labor Management Cooperation Act of 1978 (29 U.S.C. 175a): 
Provided, That notwithstanding 31 U.S.C. 3302, fees charged for special 
training activities up to full-cost recovery shall be credited to and 
merged with this account, and shall remain available until expended: 
Provided further, That the Director of the Service is authorized to 
accept on behalf of the United States gifts of services and real, 
personal, or other property in the aid of any projects or functions 
within the Director's jurisdiction.

            Federal Mine Safety and Health Review Commission

                         salaries and expenses

    For expenses necessary for the Federal Mine Safety and Health 
Review Commission (30 U.S.C. 801 et seq.), <DELETED>$6,467,000 
</DELETED>$6,200,000.

        National Commission on Libraries and Information Science

                         salaries and expenses

    For necessary expenses for the National Commission on Libraries and 
Information Science, established by the Act of July 20, 1970 (Public 
Law 91-345, as amended by Public Law 102-95), <DELETED>$450,000 
</DELETED>$829,000.

                     National Council on Disability

                         salaries and expenses

    For expenses necessary for the National Council on Disability as 
authorized by title IV of the Rehabilitation Act of 1973, as amended, 
<DELETED>$1,397,000 </DELETED>$1,793,000.
                     National Education Goals Panel

    For expenses necessary for the National Education Goals Panel, as 
authorized by title II, part A of the Goals 2000: Educate America Act, 
$1,000,000.
                     National Labor Relations Board

                         salaries and expenses

    For expenses necessary for the National Labor Relations Board to 
carry out the functions vested in it by the Labor-Management Relations 
Act, 1947, as amended (29 U.S.C. 141-167), and other laws, 
<DELETED>$123,233,000 </DELETED>$176,047,000: Provided, That no part of 
this appropriation shall be available to organize or assist in 
organizing agricultural laborers or used in connection with 
investigations, hearings, directives, or orders concerning bargaining 
units composed of agricultural laborers as referred to in section 2(3) 
of the Act of July 5, 1935 (29 U.S.C. 152), and as amended by the 
Labor-Management Relations Act, 1947, as amended, and as defined in 
section 3(f) of the Act of June 25, 1938 (29 U.S.C. 203), and including 
in said definition employees engaged in the maintenance and operation 
of ditches, canals, reservoirs, and waterways when maintained or 
operated on a mutual, nonprofit basis and at least 95 per centum of the 
water stored or supplied thereby is used for farming 
purposes<DELETED>:-Provided further, That notwithstanding any other 
provisions of law, no part of this appropriation may be used by the 
National Labor Relations Board for the investigation or prosecution of 
alleged unfair labor practice charges under section 8 of the National 
Labor Relations Act, where such charges are based, in whole or in part, 
on an employer's taking any adverse action, including refusal to hire, 
discipline, or discharge, against an individual(s) who is an employee 
or agent or is otherwise working under the control and supervision of a 
labor organization, until such time as the United States Supreme Court 
has held that such individual(s) are or are not protected under section 
8 of the National Labor Relations Act: Provided further, That no part 
of this appropriation may be used by the National Labor Relations Board 
to petition a United States district court for temporary relief or a 
restraining order as described under section 10(j) of the National 
Labor Relations Act unless there is a reasonable likelihood of success 
on the merits of the complaint that an unfair labor practice has 
occurred, there is a possibility of irreparable harm if such relief is 
not granted, a balancing of hardships favors injunctive relief, and 
harm to the public interest stemming from injunctive relief is 
tolerable in light of the benefits achieved by such relief: Provided 
further, That no part of this appropriation shall be available for the 
exercise of the National Labor Relations Board's authority under 
section 10(j) of the National Labor Relations Act (29 U.S.C. 160(j)) 
unless four-fifths of the Board's members have voted to exercise such 
authority, where five Board members are voting: Provided further, That 
no part of this appropriation shall be available for the exercise of 
the National Labor Relations Board's authority under section 10(j) of 
the National Labor Relations Act (29 U.S.C. 160(j)) unless before 
determining that an action for injunctive relief is warranted the Board 
allows a named party to an injunction an opportunity to review and 
respond to the General Counsel's memorandum of recommendations and to 
present oral evidence</DELETED>.

                        National Mediation Board

                         salaries and expenses

    For expenses necessary to carry out the provisions of the Railway 
Labor Act, as amended (45 U.S.C. 151-188), including emergency boards 
appointed by the President, <DELETED>$8,000,000 </DELETED>$7,837,000.

            Occupational Safety and Health Review Commission

                         salaries and expenses

    For expenses necessary for the Occupational Safety and Health 
Review Commission (29 U.S.C. 661), <DELETED>$8,200,000 
</DELETED>$7,595,000.

                  Physician Payment Review Commission

                         salaries and expenses

    For expenses necessary to carry out section 1845(a) of the Social 
Security Act, <DELETED>$2,923,000 </DELETED>$3,842,000, to be 
transferred to this appropriation from the Federal Supplementary 
Medical Insurance Trust Fund.

               Prospective Payment Assessment Commission

                         salaries and expenses

    For expenses necessary to carry out section 1886(e) of the Social 
Security Act, <DELETED>$3,267,000 </DELETED>$4,294,000, to be 
transferred to this appropriation from the Federal Hospital Insurance 
and the Federal Supplementary Medical Insurance Trust Funds.

                     Social Security Administration

                payments to social security trust funds

    For payment to the Federal Old-Age and Survivors Insurance and the 
Federal Disability Insurance trust funds, as provided under sections 
201(m), 228(g), and 1131(b)(2) of the Social Security Act, $22,641,000.
    In addition, to reimburse these trust funds for administrative 
expenses to carry out sections 9704 and 9706 of the Internal Revenue 
Code of 1986, $10,000,000, to remain available until expended.

               special benefits for disabled coal miners

    For carrying out title IV of the Federal Mine Safety and Health Act 
of 1977, $485,396,000, to remain available until expended.
    For making, after July 31 of the current fiscal year, benefit 
payments to individuals under title IV of the Federal Mine Safety and 
Health Act of 1977, for costs incurred in the current fiscal year, such 
amounts as may be necessary.
    For making benefit payments under title IV of the Federal Mine 
Safety and Health Act of 1977 for the first quarter of fiscal year 
1997, $170,000,000, to remain available until expended.

                  supplemental security income program

    For carrying out titles XI and XVI of the Social Security Act, 
section 401 of Public Law 92-603, section 212 of Public Law 93-66, as 
amended, and section 405 of Public Law 95-216, including payment to the 
Social Security trust funds for administrative expenses incurred 
pursuant to section 201(g)(1) of the Social Security Act, 
<DELETED>$18,753,834,000 </DELETED>$18,601,012,000, to remain available 
until expended: Provided, That any portion of the funds provided to a 
State in the current fiscal year and not obligated by the State during 
that year shall be returned to the Treasury.
    For making, after June 15 of the current fiscal year, benefit 
payments to individuals under title XVI of the Social Security Act, for 
unanticipated costs incurred for the current fiscal year, such sums as 
may be necessary.
    For carrying out title XVI of the Social Security Act for the first 
quarter of fiscal year 1997, $9,260,000,000, to remain available until 
expended.

                 limitation on administrative expenses

    For necessary expenses, including the hire of two medium size 
passenger motor vehicles, and not to exceed $10,000 for official 
reception and representation expenses, not more than 
<DELETED>$5,275,268,000 </DELETED>$5,271,183,000 may be expended, as 
authorized by section 201(g)(1) of the Social Security Act or as 
necessary to carry out sections 9704 and 9706 of the Internal Revenue 
Code of 1986 from any one or all of the trust funds referred to 
therein: Provided, That reimbursement to the trust funds under this 
heading for administrative expenses to carry out sections 9704 and 9706 
of the Internal Revenue Code of 1986 shall be made, with interest, not 
later than September 30, 1997.
    In addition to funding already available under this heading, and 
subject to the same terms and conditions, $407,000,000, for disability 
caseload processing.
    In addition to funding already available under this heading, and 
subject to the same terms and conditions, <DELETED>$228,000,000 
</DELETED>$167,000,000, which shall remain available until expended, to 
invest in a state-of-the-art computing network, including related 
equipment and administrative expenses associated solely with this 
network, for the Social Security Administration and the State 
Disability Determination Services, may be expended from any or all of 
the trust funds as authorized by section 201(g)(1) of the Social 
Security Act.

                      office of inspector general

    For expenses necessary for the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $4,816,000, together with not to exceed $21,076,000, to be 
transferred and expended as authorized by section 201(g)(1) of the 
Social Security Act from the Federal Old-Age and Survivors Insurance 
Trust Fund and the Federal Disability Insurance Trust Fund.

                       Railroad Retirement Board

                     dual benefits payments account

    For payment to the Dual Benefits Payments Account, authorized under 
section 15(d) of the Railroad Retirement Act of 1974, $239,000,000, 
which shall include amounts becoming available in fiscal year 1996 
pursuant to section 224(c)(1)(B) of Public Law 98-76; and in addition, 
an amount, not to exceed 2 percent of the amount provided herein, shall 
be available proportional to the amount by which the product of 
recipients and the average benefit received exceeds $239,000,000: 
Provided, That the total amount provided herein shall be credited in 12 
approximately equal amounts on the first day of each month in the 
fiscal year.

          federal payments to the railroad retirement accounts

    For payment to the accounts established in the Treasury for the 
payment of benefits under the Railroad Retirement Act for interest 
earned on unnegotiated checks, $300,000, to remain available through 
September 30, 1997, which shall be the maximum amount available for 
payment pursuant to section 417 of Public Law 98-76.

                      limitation on administration

    For necessary expenses for the Railroad Retirement Board in 
administering the Railroad Retirement Act and the Railroad Unemployment 
Insurance Act, <DELETED>$90,912,000 </DELETED>$83,639,000, to be 
derived as authorized by section 15(h) of the Railroad Retirement Act 
and section 10(a) of the Railroad Unemployment Insurance Act, from the 
accounts referred to in those sections.

                  special management improvement fund

    To effect management improvements, including the reduction of 
backlogs, accuracy of taxation accounting, and debt collection, 
$659,000, to be derived from the railroad retirement accounts and 
railroad unemployment insurance account: Provided, That these funds 
shall supplement, not supplant, existing resources devoted to such 
operations and improvements.

             limitation on the office of inspector general

    For expenses necessary for the Office of Inspector General for 
audit, investigatory and review activities, as authorized by the 
Inspector General Act of 1978, as amended, not more than 
<DELETED>$5,100,000 </DELETED>$6,147,000, to be derived from the 
railroad retirement accounts and railroad unemployment insurance 
account.

                    United States Institute of Peace

                           operating expenses

    For necessary expenses of the United States Institute of Peace as 
authorized in the United States Institute of Peace Act, 
<DELETED>$6,500,000 </DELETED>$11,500,000.

                      TITLE V--GENERAL PROVISIONS

    Sec. 501. The Secretaries of Labor, Health and Human Services, and 
Education are authorized to transfer unexpended balances of prior 
appropriations to accounts corresponding to current appropriations 
provided in this Act: Provided, That such transferred balances are used 
for the same purpose, and for the same periods of time, for which they 
were originally appropriated.
    Sec. 502. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 503. (a) No part of any appropriation contained in this Act 
shall be used, other than for normal and recognized executive-
legislative relationships, for publicity or propaganda purposes, for 
the preparation, distribution, or use of any kit, pamphlet, booklet, 
publication, radio, television, or film presentation designed to 
support or defeat legislation pending before the Congress, except in 
presentation to the Congress itself.
    (b) No part of any appropriation contained in this Act shall be 
used to pay the salary or expenses of any grant or contract recipient, 
or agent acting for such recipient, related to any activity designed to 
influence legislation or appropriations pending before the Congress.
    Sec. 504. The Secretaries of Labor and Education are each 
authorized to make available not to exceed $15,000 from funds available 
for salaries and expenses under titles I and III, respectively, for 
official reception and representation expenses; the Director of the 
Federal Mediation and Conciliation Service is authorized to make 
available for official reception and representation expenses not to 
exceed $2,500 from the funds available for ``Salaries and expenses, 
Federal Mediation and Conciliation Service''; and the Chairman of the 
National Mediation Board is authorized to make available for official 
reception and representation expenses not to exceed $2,500 from funds 
available for ``Salaries and expenses, National Mediation Board''.
    Sec. 505. Notwithstanding any other provision of this Act, no funds 
appropriated under this Act shall be used to carry out any program of 
distributing sterile needles for the hypodermic injection of any 
illegal drug unless the Secretary of Health and Human Services 
determines that such programs are effective in preventing the spread of 
HIV and do not encourage the use of illegal drugs.
    Sec. 506. (a) Purchase of American-Made Equipment and Products.--It 
is the sense of the Congress that, to the greatest extent practicable, 
all equipment and products purchased with funds made available in this 
Act should be American-made.
    (b) Notice Requirement.--In providing financial assistance to, or 
entering into any contract with, any entity using funds made available 
in this Act, the head of each Federal agency, to the greatest extent 
practicable, shall provide to such entity a notice describing the 
statement made in subsection (a) by the Congress.
    Sec. 507. When issuing statements, press releases, requests for 
proposals, bid solicitations and other documents describing projects or 
programs funded in whole or in part with Federal money, all grantees 
receiving Federal funds, including but not limited to State and local 
governments and recipients of Federal research grants, shall clearly 
state (1) the percentage of the total costs of the program or project 
which will be financed with Federal money, (2) the dollar amount of 
Federal funds for the project or program, and (3) percentage and dollar 
amount of the total costs of the project or program that will be 
financed by nongovernmental sources.
    Sec. 508. None of the funds appropriated under this Act shall be 
expended for any abortion except when it is made known to the Federal 
entity or official to which funds are appropriated under this Act that 
such procedure is necessary to save the life of the mother or that the 
pregnancy is the result of an act of rape or incest.
<DELETED>    Sec. 509. Effective October 1, 1993, and applicable 
thereafter, and notwithstanding any other law, each State is and 
remains free not to fund abortions to the extent that the State in its 
sole discretion deems appropriate, except where the life of the mother 
would be endangered if the fetus were carried to term.</DELETED>
    Sec. 510. Notwithstanding any other provision of law--
            (1) no amount may be transferred from an appropriation 
        account for the Departments of Labor, Health and Human 
        Services, and Education except as authorized in this or any 
        subsequent appropriation act, or in the Act establishing the 
        program or activity for which funds are contained in this Act;
            (2) no department, agency, or other entity, other than the 
        one responsible for administering the program or activity for 
        which an appropriation is made in this Act, may exercise 
        authority for the timing of the obligation and expenditure of 
        such appropriation, or for the purposes for which it is 
        obligated and expended, except to the extent and in the manner 
        otherwise provided in sections 1512 and 1513 of title 31, 
        United States Code; and
            (3) no funds provided under this Act shall be available for 
        the salary (or any part thereof) of an employee who is 
        reassigned on a temporary detail basis to another position in 
        the employing agency or department or in any other agency or 
        department, unless the detail is independently approved by the 
        head of the employing department or agency.
<DELETED>    Sec. 511. None of the funds made available in this Act may 
be used for--</DELETED>
        <DELETED>    (1) the creation of a human embryo or embryos for 
        research purposes; or</DELETED>
        <DELETED>    (2) research in which a human embryo or embryos 
        are destroyed, discarded, or knowingly subjected to risk of 
        injury or death greater than that allowed for research on 
        fetuses in utero under 45 CFR 46.208(a)(2) and 42 U.S.C. 
        289g(b).</DELETED>
<DELETED>For purposes of this section, the phrase ``human embryo or 
embryos'' shall include any organism, not protected as a human subject 
under 45 CFR 46 as of the date of enactment of this Act, that is 
derived by fertilization, parthenogenesis, cloning, or any other means 
from one or more human gametes.</DELETED>
<DELETED>    Sec. 512. None of the funds made available in this Act may 
be used to carry out any Federal program, or to provide financial 
assistance to any State, when it is made known to the Federal official 
having authority to obligate or expend such funds that--</DELETED>
        <DELETED>    (1) such Federal program or State subject any 
        health care entity to discrimination on the basis that--
        </DELETED>
                <DELETED>    (A) the entity refuses to undergo training 
                in the performance of induced abortions, to provide 
                such training, to perform such abortions, or to provide 
                referrals for such abortions;</DELETED>
                <DELETED>    (B) the entity refuses to make 
                arrangements for any of the activities specified in 
                subparagraph (A); or</DELETED>
                <DELETED>    (C) the entity attends (or attended) a 
                post-graduate physician training program, or any other 
                program of training in the health professions, that 
                does not (or did not) require or provide training in 
                the performance of induced abortions, or make 
                arrangements for the provision of such training; 
                or</DELETED>
        <DELETED>    (2) in granting a legal status to a health care 
        entity (including a license or certificate), or in providing to 
        the entity financial assistance, a service, or another benefit, 
        such Federal program or State require that the entity be an 
        accredited postgraduate physician training program, or that the 
        entity have completed or be attending such a program, if the 
        applicable standards for accreditation of the program include 
        the standard that the program must require or provide training 
        in the performance of induced abortions, or make arrangements 
        for the provision of such training.</DELETED>
<DELETED>    Sec. 513. (a) Congressional Findings Regarding Appropriate 
Minimum Length of Stay for Routine Deliveries.--The Congress finds 
that--</DELETED>
        <DELETED>    (1) the Guidelines for Perinatal Care of the 
        American Academy of Pediatrics and the American College of 
        Obstetricians and Gynecologists recommend, when no 
        complications are present, a postpartum hospital stay of 48 
        hours for vaginal delivery and 96 hours for caesarean birth, 
        excluding the day of delivery;</DELETED>
        <DELETED>    (2) the American College of Obstetricians and 
        Gynecologists reports that it has become common for insurers to 
        limit length of stay to up to 24 hours following vaginal 
        delivery and up to 72 hours following caesarean delivery, and 
        the American College of Obstetricians and Gynecologists has 
        received reports of insurers proposing limits of 12 hours, and 
        in some cases 6 hours, for routine deliveries;</DELETED>
        <DELETED>    (3) the American Medical Association recently 
        expressed concern about the trend toward increasingly brief 
        perinatal hospital stays as routine practice in the absence of 
        adequate data to demonstrate the practice is safe;</DELETED>
        <DELETED>    (4) the American College of Obstetricians and 
        Gynecologists has stated that the trend toward earlier 
        discharge is ``equivalent to a large, uncontrolled, uninformed 
        experiment that may potentially affect the health of American 
        women and their babies'';</DELETED>
        <DELETED>    (5) a recent study by Dartmouth-Hitchcock Medical 
        Center found that within an infant's first two weeks of life 
        there is a 50 percent increased risk of readmission and 70 
        percent increased risk of emergency room visits if the infant 
        is discharged at less than two days of age;</DELETED>
        <DELETED>    (6) studies have shown that early release of 
        infants can result in jaundice, feeding problems, respiratory 
        difficulties, and infections of the cord, ears, and 
        eyes;</DELETED>
        <DELETED>    (7) the American Medical Association has urged 
        hospitals and insurance companies, in the absence of empirical 
        data, to allow the perinatal discharge of mothers and infants 
        to be determined by the clinical judgment of attending 
        physicians not by economic considerations; and</DELETED>
        <DELETED>    (8) the American Medical Association recommends 
        that the decision regarding perinatal discharge should be made 
        based on the criteria of medical stability, delivery of 
        adequate predischarge education, need for neonatal screening, 
        and determination that adequate feeding is occurring and with 
        consideration of the mother's social and emotional needs and 
        preferences.</DELETED>
<DELETED>    (b) Sense of the Congress.--It is, therefore, the sense of 
Congress that--</DELETED>
        <DELETED>    (1) the Maternal and Child Health Bureau should 
        promptly collaborate with other concerned national 
        organizations to encourage well-designed studies, separating 
        economic concerns from concerns about the health and well-being 
        of mothers and children, to identify safe neonatal practices 
        with regard to the hospital discharge of mothers and infants 
        and establish appropriate medical care procedures during the 
        perinatal period;</DELETED>
        <DELETED>    (2) decisions on how long mothers and newborns 
        should stay in the hospital after delivery and before discharge 
        should be made by doctors and patients together based on the 
        medical and health care needs of the mother and newborn and not 
        by hospitals, health insurers, health services organizations, 
        and health benefit plans based primarily on economic 
        considerations; and</DELETED>
        <DELETED>    (3) until further empirical data are collected so 
        as to indicate a need for change in current Guidelines, 
        hospitals, health insurers, health services organizations, and 
        health benefit plans should abide by the current Guidelines for 
        Perinatal Care of the American Academy of Pediatrics and the 
        American College of Obstetricians and Gynecologists, that state 
        that the general time for discharge for mother and baby should 
        be at least 48 hours following uncomplicated vaginal delivery 
        and at least 96 hours following uncomplicated caesarian birth 
        and that permit early discharge if specified criteria are 
        met.</DELETED>
    Sec. 514. Limitation on Use of Funds.--None of the funds made 
available in this Act may be used for the expenses of an electronic 
benefit transfer (EBT) task force.
<DELETED>    Sec. 515. CPI Index.--None of the funds made available in 
this Act may be used by the Bureau of Labor Statistics to implement a 
change in the consumer price index (which is used to determine cost of 
living adjustments for such programs as social security) except when it 
is made known to the Federal official to whom the funds are made 
available that the House of Representatives and the Senate have 
authorized a change in such index based upon a comprehensive revision 
of the market basket.</DELETED>
    Sec. 516. None of the funds made available in this Act may be used 
to enforce the requirements of section 428(b)(1)(U)(iii) of the Higher 
Education Act of 1965 with respect to any lender when it is made known 
to the Federal official having authority to obligate or expend such 
funds that the lender has a loan portfolio under part B of title IV of 
such Act that is equal to or less than $5,000,000.
    Sec. 517. None of the funds made available in this Act may be used 
for grants to students at an institution of higher education under the 
Pell Grant program under subpart 1 of part A of the Higher Education 
Act of 1965 when it is made known to the Federal official having 
authority to obligate or expend such funds that such institution is 
ineligible to particpate in a loan program under part B of title IV of 
such Act as a result of a default rate determination under section 
435(a) of such Act.
<DELETED>     Sec. 518.--The amount otherwise provided by this Act for 
``Corporation for National and Community Service--Domestic Volunteer 
Service Programs, Operating Expenses'' is hereby increased by 
$13,793,000.</DELETED>
<DELETED>    Sec. 519. Other Programs.--In addition to amounts 
otherwise provided in this Act, for carrying out programs under the 
head ``school improvement programs''; for carrying out programs under 
the head ``vocational and adult education'', respectively, $50,000,000 
and $100,000,000, to be derived from amounts under the head ``Agency 
for Health Care Policy and Research--health care policy and research'', 
$60,000,000: Provided, That, notwithstanding any other provision in 
this Act, none of the funds under the head ``Agency for Health Care 
Policy and Research--health care policy and research'' shall be 
expended from the Federal Hospital Insurance and the Federal 
Supplementary Medical Insurance Trust Funds.</DELETED>
    Sec. 520. No more than 1 percent of salaries appropriated for each 
Agency in this Act may be expended by that Agency on cash performance 
awards: Provided, That of the budgetary resources available to Agencies 
in this Act for salaries and expenses during fiscal year 1996, 
$30,500,000, to be allocated by the Office of Management and Budget, 
are permanently canceled: Provided further, That the foregoing proviso 
shall not apply to the Food and Drug Administration and the Indian 
Health Service.
            <DELETED>TITLE VI--POLITICAL ADVOCACY</DELETED>

    <DELETED>prohibition on the use of federal funds for political 
                           advocacy</DELETED>

<DELETED>    Sec. 601. (a) Limitations.--Notwithstanding any other 
provision of law, the following limitations apply to any grant which is 
made from funds appropriated under this or any other Act or controlled 
under any congressional authorization until Congress provides specific 
exceptions in subsequent Acts:</DELETED>
        <DELETED>    (1) No grantee may use funds from any grant to 
        engage in political advocacy.</DELETED>
        <DELETED>    (2) No grant applicant, except an individual 
        person, may receive any grant if its expenditures for political 
        advocacy for any one of the previous five Federal fiscal years 
        exceeded its prohibited political advocacy threshold (but no 
        Federal fiscal year before 1996 shall be considered). For 
        purposes of this title, the prohibited political advocacy 
        threshold for a given Federal fiscal year is to be determined 
        by the following formula:</DELETED>
                <DELETED>    (A) calculate the difference between the 
                grant applicant's total expenditures made in a given 
                Federal fiscal year and the total grants it received in 
                that Federal fiscal year;</DELETED>
                <DELETED>    (B) for the first $20,000,000 of the 
                difference calculated in (A), multiply by 
                .05;</DELETED>
                <DELETED>    (C) for the remainder of the difference 
                calculated in (A), multiply by .01;</DELETED>
                <DELETED>    (D) the sum of the products described in 
                (B) and (C) equals the prohibited political advocacy 
                threshold.</DELETED>
        <DELETED>    (3) During any one Federal fiscal year in which a 
        grantee, except an individual person, has possession, custody 
        or control of grant funds, the grantee, except an individual 
        person, shall not use any funds (whether derived from grants or 
        otherwise) to engage in political advocacy in excess of its 
        prohibited political advocacy threshold for the prior Federal 
        fiscal year.</DELETED>
        <DELETED>    (4) No grantee may use funds from any grant to 
        purchase or secure any goods or services (including dues and 
        membership fees) from any other individual, entity, or 
        organization whose expenditures for political advocacy for the 
        previous Federal fiscal year exceeded 15 percent of its total 
        expenditures for that Federal fiscal year.</DELETED>
        <DELETED>    (5) No grantee may use funds from any grant for 
        any purpose (including but not limited to extending subsequent 
        grants to any other individual, entity, or organization) other 
        than to purchase or secure goods or services, except as 
        specifically permitted by Congress in the law authorizing the 
        grant.</DELETED>
        <DELETED>    (6) Any individual, entity, or organization that 
        awards or administers a grant shall take reasonable steps to 
        ensure that the grantee complies with the requirements of this 
        title. Reasonable steps to ensure compliance shall include 
        written notice to a grantee that it is receiving a grant, and 
        that the provisions of this title apply to the 
        grantee.</DELETED>
<DELETED>    (b) Enforcement.--The following enforcement provisions 
apply with respect to the limitations imposed under subsection 
(a):</DELETED>
        <DELETED>    (1) Each grantee shall be subject to audit from 
        time to time as follows:</DELETED>
                <DELETED>    (A) Audits may be requested and conducted 
                by the General Accounting Office or other auditing 
entity authorized by Congress, including the inspector general of the 
Federal entity awarding or administering the grant.</DELETED>
                <DELETED>    (B) Grantees shall follow generally 
                accepted accounting principles in keeping books and 
                records relating to each grant and no Federal entity 
                may impose more burdensome accounting requirements for 
                purposes of enforcing this title.</DELETED>
                <DELETED>    (C) A grantee that engages in political 
                advocacy shall have the burden of proving, by clear and 
                convincing evidence, that it is in compliance with the 
                limitations of this section.</DELETED>
        <DELETED>    (2) Violations by a grantee of the limitations 
        contained in subsection (a) may be enforced and the grant may 
        be recovered in the same manner and to the same extent as a 
        false or fraudulent claim for payment or approval made to the 
        Federal Government pursuant to sections 3729 through 3812 of 
        title 31, United States Code.</DELETED>
        <DELETED>    (3) Any officer or employee of the Federal 
        Government who awards or administers funds from any grant to a 
        grantee who is not in compliance with this section shall--
        </DELETED>
                <DELETED>    (A) for knowing or negligent noncompliance 
                with this section, be subjected to appropriate 
                administrative discipline, including, when 
                circumstances warrant, suspension from duty without pay 
                or removal from office; and</DELETED>
                <DELETED>    (B) for knowing noncompliance with this 
                section, pay a civil penalty of not more than $5,000 
                for each improper disbursement of funds.</DELETED>
<DELETED>    (c) Definitions.--For purposes of this title:</DELETED>
        <DELETED>    (1) Political advocacy.--The term ``political 
        advocacy'' includes--</DELETED>
                <DELETED>    (A) carrying on propaganda, or otherwise 
                attempting to influence legislation or agency action, 
                including, but not limited to monetary or in-kind 
                contributions, endorsements, publicity, or similar 
                activity;</DELETED>
                <DELETED>    (B) participating or intervening in 
                (including the publishing or distributing of 
                statements) any political campaign on behalf of (or in 
                opposition to) any candidate for public office, 
                including but not limited to monetary or in-kind 
                contributions, endorsements, publicity, or similar 
                activity;</DELETED>
                <DELETED>    (C) participating in any judicial 
                litigation or agency proceeding (including as an amicus 
                curiae) in which agents or instrumentalities of 
                Federal, State, or local governments are parties, other 
                than litigation in which the grantee or grant 
                applicant: is a defendant appearing in its own behalf; 
                is defending its tax-exempt status; or is challenging a 
                government decision or action directed specifically at 
                the powers, rights, or duties of that grantee or grant 
                applicant; and</DELETED>
                <DELETED>    (D) allocating, disbursing, or 
                contributing any funds or in-kind support to any 
                individual, entity or organization whose expenditures 
                for political advocacy for the previous Federal fiscal 
                year exceeded 15 percent of its total expenditures for 
                that Federal fiscal year.</DELETED>
        <DELETED>    (2) Influence legislation or agency action.--
        </DELETED>
                <DELETED>    (A) General rule.--Except as otherwise 
                provided in subparagraph (B), the term ``influence 
                legislation or agency action'' includes--</DELETED>
                        <DELETED>    (i) any attempt to influence any 
                        legislation or agency action through an attempt 
                        to affect the opinions of the general public or 
                        any segment thereof, and</DELETED>
                        <DELETED>    (ii) any attempt to influence any 
                        legislation or agency action through 
                        communication with any member or employee of a 
                        legislative body or agency, or with any 
                        government official or employee who may 
                        participate in the formulation of the 
                        legislation or agency action.</DELETED>
                <DELETED>    (B) Exceptions.--The term ``influence 
                legislation or agency action'' does not include--
                </DELETED>
                        <DELETED>    (i) making available the results 
                        of nonpartisan analysis, study, research, or 
                        debate;</DELETED>
                        <DELETED>    (ii) providing technical advice or 
                        assistance (where such advice would otherwise 
                        constitute the influencing of legislation or 
                        agency action) to a governmental body or to a 
                        committee or other subdivision thereof in 
                        response to a written request by such body or 
                        subdivision, as the case may be;</DELETED>
                        <DELETED>    (iii) communications between the 
                        grantee and its bona fide members with respect 
                        to legislation, proposed legislation, agency 
                        action, or proposed agency action of direct 
                        interest to the grantee and such members, other 
                        than communications described in subparagraph 
                        (C);</DELETED>
                        <DELETED>    (iv) any communication with a 
                        governmental official or employee; other than--
                        </DELETED>
                                <DELETED>    (I) a communication with a 
                                member or employee of a legislative 
                                body or agency (where such 
                                communication would otherwise 
                                constitute the influencing of 
                                legislation or agency action); 
                                or</DELETED>
                                <DELETED>    (II) a communication the 
                                principal purpose of which is to 
                                influence legislation or agency action; 
                                and</DELETED>
                        <DELETED>    (v) official communications by 
                        employees of State or local governments, or by 
                        organizations whose membership consists 
                        exclusively of State or local 
                        governments.</DELETED>
                <DELETED>    (C) Communications with members.--
                </DELETED>
                        <DELETED>    (i) A communication between a 
                        grantee and any bona fide member of such 
                        organization to directly encourage such member 
to communicate as provided in paragraph (2)(A)(ii) shall be treated as 
a (2)(A)(ii) communication by the grantee itself.</DELETED>
                        <DELETED>    (ii) A communication between a 
                        grantee and any bona fide member of such 
                        organization to directly encourage such member 
                        to urge persons other than members to 
                        communicate as provided in either clause (i) or 
                        (ii) of paragraph (2)(A) shall be treated as a 
                        communication described in paragraph 
                        (2)(A)(i).</DELETED>
        <DELETED>    (3) The term ``legislation'' includes the 
        introduction, amendment, enactment, passage, defeat, 
        ratification, or repeal of Acts, bills, resolutions, treaties, 
        declarations, confirmations, articles of impeachment, or 
        similar items by the Congress, any State legislature, any local 
        council or similar governing body, or by the public in a 
        referendum, initiative, constitutional amendment, recall, 
        confirmation, or similar procedure.</DELETED>
        <DELETED>    (4) The term ``grant'' includes the provision of 
        any Federal funds, appropriated under this or any other Act, or 
        other thing of value to carry out a public purpose of the 
        United States, except: the provision of funds for acquisition 
        (by purchase, lease or barter) of property or services for the 
        direct benefit or use of the United States; the payments of 
        loans, debts, entitlements; or the provision of funds to or 
        distribution of funds by an Article I or III court and the 
        provision of grant and scholarship funds to students for 
        educational purposes.</DELETED>
        <DELETED>    (5) The term ``grantee'' includes any recipient of 
        any grant. The term shall not include any state or local 
        government, but shall include any recipient receiving a grant 
        (as defined by subsection c(4)) from a state or local 
        government.</DELETED>
        <DELETED>    (6) The term ``agency action'' includes the 
        definition contained in section 551 of Title 5, United States 
        Code, and includes action by state or local government 
        agencies.</DELETED>
        <DELETED>    (7) The term ``agency proceeding'' includes the 
        definition contained in section 551 of Title 5, United States 
        Code, and includes proceedings by state or local government 
        agencies.</DELETED>

               <DELETED>disclosure requirements</DELETED>

<DELETED>    Sec. 602. (a) Not later than December 31 of each year, a 
grantee, except an individual person, shall provide (via either 
electronic or paper medium) to each Federal entity that awarded or 
administered its grant an annual report for the prior Federal fiscal 
year, certified by the grantee's chief executive officer or equivalent 
person of authority, and setting forth: the grantee's name, the 
grantee's identification number, and--</DELETED>
        <DELETED>    (1) a statement that the grantee did not engage in 
        political advocacy; or</DELETED>
        <DELETED>    (2) a statement that the grantee did engage in 
        political advocacy, and setting forth for each grant--
        </DELETED>
                <DELETED>    (A) the grant identification 
                number;</DELETED>
                <DELETED>    (B) the amount or value of the grant 
                (including all administrative and overhead costs 
                awarded);</DELETED>
                <DELETED>    (C) a brief description of the purpose or 
                purposes for which the grant was awarded;</DELETED>
                <DELETED>    (D) the identity of each Federal, state 
                and local government entity awarding or administering 
                the grant, and program thereunder;</DELETED>
                <DELETED>    (E) the name and grantee identification 
                number of each individual, entity, or organization to 
whom the grantee made a grant;</DELETED>
                <DELETED>    (F) a brief description of the grantee's 
                political advocacy, and a good faith estimate of the 
                grantee's expenditures on political advocacy;</DELETED>
                <DELETED>    (G) a good faith estimate of the grantee's 
                prohibited political advocacy threshold.</DELETED>
<DELETED>    (b) OMB Coordination.--The Office of Management and Budget 
shall develop by regulation one standardized form for the annual report 
that shall be accepted by every Federal entity, and a uniform procedure 
by which each grantee is assigned one permanent and unique grantee 
identification number.</DELETED>

                <DELETED>federal entity report</DELETED>

<DELETED>    Sec. 603. Not later than May 1 of each calendar year, each 
Federal entity awarding or administering a grant shall submit to the 
Bureau of the Census a report (standardized by the Office of Management 
and Budget) setting forth the information provided to such Federal 
entity by each grantee during the preceding Federal fiscal year, and 
the name and grantee identification number of each grantee to whom it 
provided written notice under section 1(a)(6). The Bureau of the Census 
shall make this database available to the public through the 
Internet.</DELETED>

                <DELETED>public accountability</DELETED>

<DELETED>    Sec. 604. (a) Any Federal entity awarding a grant shall 
make publicly available any grant application, audit of a grantee, list 
of grantees to whom notice was provided under section 1(a)(6), annual 
report of a grantee, and that Federal entity's annual report to the 
Bureau of the Census.</DELETED>
<DELETED>    (b) The public's access to the documents identified in 
section 4(a) shall be facilitated by placement of such documents in the 
Federal entity's public document reading room and also by expediting 
any requests under section 552 of title 5, United States Code, the 
Freedom of Information Act as amended, ahead of any requests for other 
information pending at such Federal entity.</DELETED>
<DELETED>    (c) Records described in section (a) shall not be subject 
to withholding except under exemption (b)(7)(A) of section 552 of title 
5, United States Code.</DELETED>
<DELETED>    (d) No fees for searching for or copying such documents 
shall be charged to the public.</DELETED>

                    <DELETED>severability</DELETED>

<DELETED>    Sec. 605. If any provision of this title or the 
application thereof to any person or circumstance is held invalid, the 
remainder of this title and the application of such provision to other 
persons and circumstances shall not be affected thereby.</DELETED>

          <DELETED>first amendment rights preserved</DELETED>

<DELETED>    Sec. 606. Nothing in this title shall be deemed to abridge 
any rights guaranteed under the first amendment of the United States 
Constitution, including freedom of speech, or of the press; or the 
right of the people peaceably to assemble, and to petition the 
Government for a redress of grievances.</DELETED>

        <DELETED>TITLE VII--DEFICIT REDUCTION LOCK-BOX</DELETED>

<DELETED>    Sec. 701. Short Title.--This title may be cited as the 
``Deficit Reduction Lock-box Act of 1995''.</DELETED>
<DELETED>    Sec. 702. Deficit Reduction Lock-Box Account.--(a) 
Establishment of Account.--Title III of the Congressional Budget Act of 
1974 is amended by adding at the end the following new 
section:</DELETED>

        <DELETED>``deficit reduction lock-box account</DELETED>

        <DELETED>    ``Sec. 314. (a) Establishment of Account.--There 
        is established in the Congressional Budget Office an account to 
        be known as the `Deficit Reduction Lock-box Account'. The 
        Account shall be divided into subaccounts corresponding to the 
        subcommittees of the Committees on Appropriations. Each 
        subaccount shall consist of three entries: the `House Lock-box 
        Balance'; the `Senate Lock-box Balance'; and the `Joint House-
        Senate Lock-box Balance'.</DELETED>
        <DELETED>    ``(b) Contents of Account.--Each entry in a 
        subaccount shall consist only of amounts credited to it under 
        subsection (c). No entry of a negative amount shall be 
        made.</DELETED>
        <DELETED>    ``(c) Credit of Amounts to Account.--(1) The 
        Director of the Congressional Budget Office (hereinafter in 
        this section referred to as the `Director') shall, upon the 
        engrossment of any appropriation bill by the House of 
        Representatives and upon the engrossment of that bill by the 
        Senate, credit to the applicable subaccount balance of that 
        House amounts of new budget authority and outlays equal to the 
        net amounts of reductions in new budget authority and in 
        outlays resulting from amendments agreed to by that House to 
        that bill.</DELETED>
        <DELETED>    ``(2) The Director shall, upon the engrossment of 
        Senate amendments to any appropriation bill, credit to the 
        applicable Joint House-Senate Lock-box Balance the amounts of 
        new budget authority and outlays equal to--</DELETED>
                <DELETED>    ``(A) an amount equal to one-half of the 
                sum of (i) the amount of new budget authority in the 
                House Lock-box Balance plus (ii) the amount of new 
                budget authority in the Senate Lock-box Balance for 
                that bill; and</DELETED>
                <DELETED>    ``(B) an amount equal to one-half of the 
                sum of (i) the amount of outlays in the House Lock-box 
                Balance plus (ii) the amount of outlays in the Senate 
                Lock-box Balance for that bill, under section 314(c), 
                as calculated by the Director of the Congressional 
                Budget Office.</DELETED>
        <DELETED>    ``(d) Calculation of Lock-Box Savings in Senate.--
        For purposes of calculating under this section the net amounts 
        of reductions in new budget authority and in outlays resulting 
        from amendments agreed to by the Senate on an appropriation 
        bill, the amendments reported to the Senate by its Committee on 
        Appropriations shall be considered to be part of the original 
        text of the bill.</DELETED>
        <DELETED>    ``(e) Definition.--As used in this section, the 
        term `appropriation bill' means any general or special 
        appropriation bill, and any bill or joint resolution making 
        supplemental, deficiency, or continuing appropriations through 
        the end of a fiscal year.''.</DELETED>
<DELETED>    (b) Conforming Amendment.--The table of contents set forth 
in section 1(b) of the Congressional Budget and Impoundment Control Act 
of 1974 is amended by inserting after the item relating to section 313 
the following new item:</DELETED>
        <DELETED>    ``Sec. 314. Deficit reduction lock-box 
        account.''</DELETED>
<DELETED>    Sec. 703. Tally During House Consideration.--There shall 
be available to Members in the House of Representatives during 
consideration of any appropriations bill by the House a running tally 
of the amendments adopted reflecting increases and decreases of budget 
authority in the bill as reported.</DELETED>
<DELETED>    Sec. 704. Downward Adjustment of 602(a) Allocations and 
Section 602(b) Suballocations.--(a) Allocations.--Section 602(a) of the 
Congressional Budget Act of 1974 is amended by adding at the end the 
following new paragraph:</DELETED>
        <DELETED>    ``(5) Upon the engrossment of Senate amendments to 
        any appropriation bill (as defined in section 314(d)) for a 
        fiscal year, the amounts allocated under paragraph (1) or (2) 
        to the Committee on Appropriations of each House upon the 
        adoption of the most recent concurrent resolution on the budget 
        for that fiscal year shall be adjusted downward by the amounts 
        credited to the applicable Joint House-Senate Lock-box Balance 
        under section 314(c)(2), as calculated by the Director of the 
        Congressional Budget Office, and the revised levels of budget 
        authority and outlays shall be submitted to each House by the 
        chairman of the Committee on the Budget of that House and shall 
        be printed in the Congressional Record.''.</DELETED>
<DELETED>    (b) Suballocations.--Section 602(b)(1) of the 
Congressional Budget Act of 1974 is amended by adding at the end the 
following new sentence: ``Whenever an adjustment is made under 
subsection (a)(5) to an allocation under that subsection, the Director 
of the Congressional Budget Office shall make downward adjustments in 
the most recent suballocations of new budget authority and outlays 
under subparagraph (A) to the appropriate subcommittees of that 
committee in the total amounts of those adjustments under section 
314(c)(2). The revised suballocations shall be submitted to each House 
by the chairman of the Committee on Appropriations of that House and 
shall be printed in the Congressional Record.''.</DELETED>
<DELETED>     Sec. 705. Periodic Reporting of Account Statements.--
Section 308(b)(1) of the Congressional Budget Act of 1974 is amended by 
adding at the end the following new sentence: ``Such reports shall also 
include an up-to-date tabulation of the amounts contained in the 
account and each subaccount established by section 314(a).''.</DELETED>
<DELETED>     Sec. 706. Downward Adjustment of Discretionary Spending 
Limits.--The discretionary spending limit for new budget authority for 
any fiscal year set forth in section 601(a)(2) of the Congressional 
Budget Act of 1974, as adjusted in strict conformance with section 251 
of the Balanced Budget and Emergency Deficit Control Act of 1985, shall 
be reduced by the amount of the adjustment to the section 602(a) 
allocations made under section 602(a)(5) of the Congressional Budget 
Act of 1974, as calculated by the Director of the Office of Management 
and Budget. The adjusted discretionary spending limit for outlays for 
that fiscal year, as set forth in such section 601(a)(2), shall be 
reduced as a result of the reduction of such budget authority, as 
calculated by the Director of the Office of Management and Budget based 
upon programmatic and other assumptions set forth in the joint 
explanatory statement of managers accompanying the conference report on 
that bill. Reductions (if any) shall occur upon the enactment of all 
regular appropriation bills for a fiscal year or a resolution making 
continuing appropriations through the end of that fiscal year. This 
adjustment shall be reflected in reports under sections 254(g) and 
254(h) of the Balanced Budget and Emergency Deficit Control Act of 
1985.</DELETED>
<DELETED>    Sec. 707. Effective Date.--(a) In General.--This title 
shall apply to all appropriation bills making appropriations for fiscal 
year 1996 or any subsequent fiscal year.</DELETED>
<DELETED>    (b) FY96 Application.--In the case of any appropriation 
bill for fiscal year 1996 engrossed by the House of Representatives on 
or after the date this bill was engrossed by the House of 
Representatives and before the date of enactment of this bill, the 
Director of the Congressional Budget Office, the Director of the Office 
of Management and Budget, and the Committees on Appropriations and the 
Committees on the Budget of the House of Representatives and of the 
Senate shall, within 10 calendar days after that date of enactment of 
this Act, carry out the duties required by this title and amendments 
made by it that occur after the date this Act was engrossed by the 
House of Representatives.</DELETED>
<DELETED>    (c) FY96 Allocations.--The duties of the Director of the 
Congressional Budget Office and of the Committees on Budget and on 
Appropriations of the House of Representatives pursuant to this title 
and the amendments made by it regarding appropriation bills for fiscal 
year 1996 shall be based upon the revised section 602(a) allocations in 
effect on the date this Act was engrossed by the House of 
Representatives.</DELETED>
<DELETED>    (d) Definition.--As used in this section, the term 
``appropriation bill'' means any general or special appropriation bill, 
and any bill or joint resolution making supplemental, deficiency, or 
continuing appropriations through the end of a fiscal year.</DELETED>
    This Act may be cited as the ``Departments of Labor, Health and 
Human Services, and Education, and Related 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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