Calendar No. 125

105TH CONGRESS

1ST SESSION S. 1061

[Report No. 105–58]

A BILL

Making appropriations for the Departments of

poses.ending September 30, 1998, and for other purcation, and related agencies for the fiscal yearLabor, Health and Human Services, and EduJULY 24, 1997

Read twice and placed on the calendar
II

Calendar No. 125

105TH CONGRESS

1ST SESSION S. 1061

[Report No. 105–58]

Making appropriations for the Departments of Labor, Health and Human

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

September 30, 1998, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JULY 24, 1997

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

original bill; which was read twice and placed on the calendar

A BILL

Making appropriations for the Departments of Labor, Health

and Human Services, and Education, and related agencies for the fiscal year ending September 30, 1998, and

for other purposes.

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

3 That the following sums are appropriated, out of any

4 money in the Treasury not otherwise appropriated, for the

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

2 September 30, 1998, and for other purposes, namely:

3 TITLE I—DEPARTMENT OF LABOR

4 EMPLOYMENT AND TRAINING ADMINISTRATION

5 TRAINING AND EMPLOYMENT SERVICES

6 For necessary expenses of the Job Training Partner7 ship Act, as amended, including the purchase and hire of

8 passenger motor vehicles, the construction, alteration, and

9 repair of buildings and other facilities, and the purchase

10 of real property for training centers as authorized by the

11 Job Training Partnership Act; the Stewart B. McKinney

12 Homeless Assistance Act; the Women in Apprenticeship

13 and Nontraditional Occupations Act; the National Skill

14 Standards Act of 1994; and the School-to-Work Opportu15 nities Act; $5,010,053,000 plus reimbursements, of which

16 $3,815,062,000 is available for obligation for the period

17 July 1, 1998 through June 30, 1999; of which

18 $118,491,000 is available for the period July 1, 1998

19 through June 30, 2001 for necessary expenses of construc20 tion, rehabilitation, and acquisition of Job Corps centers;

21 and of which $200,000,000 shall be available from July

22 1, 1998 through September 30, 1999, for carrying out ac23 tivities of the School-to-Work Opportunities Act: Provided,

24 That $55,127,000 shall be for carrying out section 401

25 of the Job Training Partnership Act, $72,749,000 shall
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1 be for carrying out section 402 of such Act, $7,300,000

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

3 $8,000,000 shall be for all activities conducted by and

4 through the National Occupational Information Coordi5 nating Committee under such Act, $955,000,000 shall be

6 for carrying out title II, part A of such Act, and

7 $129,965,000 shall be for carrying out title II, part C of

8 such Act: Provided further, That the National Occupa9 tional Information Coordinating Committee is authorized,

10 effective upon enactment, to charge fees for publications,

11 training and technical assistance developed by the Na12 tional Occupational Information Coordinating Committee:

13 Provided further, That revenues received from publications

14 and delivery of technical assistance and training, notwith15 standing 31 U.S.C. 3302, shall be credited to the National

16 Occupational Information Coordinating Committee pro17 gram account and shall be available to the National Occu18 pational Information Coordinating Committee without fur19 ther appropriations, so long as such revenues are used for

20 authorized activities of the National Occupational Infor21 mation Coordinating Committee: Provided further, That

22 no funds from any other appropriation shall be used to

23 provide meal services at or for Job Corps centers: Provided

24 further, That funds provided for title III of the Job Train25 ing Partnership Act shall not be subject to the limitation
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1 contained in subsection (b) of section 315 of such Act;

2 that the waiver described in section 315(a)(2) may be

3 granted if a substate grantee demonstrates to the Gov4 ernor that such waiver is appropriate due to the availabil5 ity of low-cost retraining services, is necessary to facilitate

6 the provision of needs-related payments to accompany

7 long-term training, or is necessary to facilitate the provi8 sion of appropriate basic readjustment services; and that

9 funds provided for discretionary grants under part B of

10 such title III may be used to provide needs-related pay11 ments to participants who, in lieu of meeting the enroll12 ment requirements under section 314(e) of such Act, are

13 enrolled in training by the end of the sixth week after

14 grant funds have been awarded: Provided further, That

15 funds provided to carry out section 324 of such Act may

16 be used for demonstation projects that provide assistance

17 to new entrants in the workforce and incumbent workers:

18 Provided further, That service delivery areas may transfer

19 funding provided herein under authority of title II, parts

20 B and C of the Job Training Partnership Act between

21 the programs authorized by those titles of the Act, if the

22 transfer is approved by the Governor: Provided further,

23 That service delivery areas and substate areas may trans24 fer up to 20 percent of the funding provided herein under

25 authority of title II, part A and title III of the Job Train-
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1 ing Partnership Act between the programs authorized by

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

3 Governor: Provided further, That, notwithstanding any

4 other provision of law, any proceeds from the sale of Job

5 Corps center facilities shall be retained by the Secretary

6 of Labor to carry out the Job Corps program: Provided

7 further, That notwithstanding any other provision of law,

8 the Secretary of Labor may waive any of the statutory

9 or regulatory requirements of titles I–III of the Job Train10 ing Partnership Act (except for requirements relating to

11 wage and labor standards, worker rights, participation

12 and protection, grievance procedures and judicial review,

13 nondiscrimination, allocation of funds to local areas, eligi14 bility, review and approval of plans, the establishment and

15 functions of service delivery areas and private industry

16 councils, and the basic purposes of the Act), and any of

17 the statutory or regulatory requirements of sections 8–10

18 of the Wagner-Peyser Act (except for requirements relat19 ing to the provision of services to unemployment insurance

20 claimants and veterans, and to universal access to basic

21 labor exchange services without cost to job seekers), only

22 for funds available for expenditure in program year 1998,

23 pursuant to a request submitted by a State which identi24 fies the statutory or regulatory requirements that are re25 quested to be waived and the goals which the State or
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1 local service delivery areas intend to achieve, describes the

2 actions that the State or local service delivery areas have

3 undertaken to remove State or local statutory or regu4 latory barriers, describes the goals of the waiver and the

5 expected programmatic outcomes if the request is granted,

6 describes the individuals impacted by the waiver, and de7 scribes the process used to monitor the progress in imple8 menting a waiver, and for which notice and an opportunity

9 to comment on such request has been provided to the orga10 nizations identified in section 105(a)(1) of the Job Train11 ing Partnership Act, if and only to the extent that the

12 Secretary determines that such requirements impede the

13 ability of the State to implement a plan to improve the

14 workforce development system and the State has executed

15 a Memorandum of Understanding with the Secretary re16 quiring such State to meet agreed upon outcomes and im17 plement other appropriate measures to ensure accountabil18 ity: Provided further, That the Secretary of Labor shall

19 establish a workforce flexibility (work-flex) partnership

20 demonstration program under which the Secretary shall

21 authorize not more than six States, of which at least three

22 States shall each have populations not in excess of

23 3,500,000, with a preference given to those States that

24 have been designated Ed-Flex Partnership States under

25 section 311(e) of Public Law 103–227, to waive any statu-
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1 tory or regulatory requirement applicable to service deliv2 ery areas or substate areas within the State under titles

3 I–III of the Job Training Partnership Act (except for re4 quirements relating to wage and labor standards, griev5 ance procedures and judicial review, nondiscrimination, al6 lotment of funds, and eligibility), and any of the statutory

7 or regulatory requirements of sections 8–10 of the Wag8 ner-Peyser Act (except for requirements relating to the

9 provision of services to unemployment insurance claimants

10 and veterans, and to universal access to basic labor ex11 change services without cost to job seekers), for a duration

12 not to exceed the waiver period authorized under section

13 311(e) of Public Law 103–227, pursuant to a plan sub14 mitted by such States and approved by the Secretary for

15 the provision of workforce employment and training activi16 ties in the States, which includes a description of the proc17 ess by which service delivery areas and substate areas may

18 apply for and have waivers approved by the State, the re19 quirements of the Wagner-Peyser Act to be waived, the

20 outcomes to be achieved and other measures to be taken

21 to ensure appropriate accountability for Federal funds.

22 For necessary expenses of Opportunity Areas of Out23 of-School Youth, in addition to amounts otherwise pro24 vided herein, $250,000,000, to be available for obligation

25 for the period October 1, 1998 through September 30,
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1 1999, if job training reform legislation authorizing this or

2 similar at-risk youth projects is enacted by April 1, 1998.

3 COMMUNITY SERVICE EMPLOYMENT FOR OLDER

4 AMERICANS

5 (TRANSFER OF FUNDS)

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

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

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

10 or to carry out older worker activities as subsequently au11 thorized, $353,340,000.

12 To carry out the activities for grants to States under

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

14 Americans Act of 1965, as amended, or to carry out older

15 worker activities as subsequently authorized, $99,660,000.

16 The funds appropriated under this heading shall be

17 transferred to and merged with the Department of Health

18 and Human Services, ‘‘Aging Services Programs’’, for the

19 same purposes and the same period as the account to

20 which transferred, following the enactment of legislation

21 authorizing the administration of the program by that De22 partment.

23 FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES

24 For payments during the current fiscal year of trade

25 adjustment benefit payments and allowances under part

26 I; and for training, allowances for job search and reloca-
9

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1 tion, and related State administrative expenses under part

2 II, subchapters B and D, chapter 2, title II of the Trade

3 Act of 1974, as amended, $349,000,000, together with

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

5 subsequent appropriation for payments for any period sub6 sequent to September 15 of the current year.

7 STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT

8 SERVICE OPERATIONS

9 For authorized administrative expenses,

10 $173,452,000, together with not to exceed

11 $3,292,476,000 (including not to exceed $1,228,000

12 which may be used for amortization payments to States

13 which had independent retirement plans in their State em14 ployment service agencies prior to 1980, and including not

15 to exceed $2,000,000 which may be obligated in contracts

16 with non-State entities for activities such as occupational

17 and test research activities which benefit the Federal18 State Employment Service System), which may be ex19 pended from the Employment Security Administration ac20 count in the Unemployment Trust Fund including the cost

21 of administering section 1201 of the Small Business Job

22 Protection Act of 1996, section 7(d) of the Wagner-Peyser

23 Act, as amended, the Trade Act of 1974, as amended, the

24 Immigration Act of 1990, and the Immigration and Na25 tionality Act, as amended, and of which the sums available

26 in the allocation for activities authorized by title III of
10

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1 the Social Security Act, as amended (42 U.S.C. 502–504),

2 and the sums available in the allocation for necessary ad3 ministrative expenses for carrying out 5 U.S.C. 8501–

4 8523, shall be available for obligation by the States

5 through December 31, 1998, except that funds used for

6 automation acquisitions shall be available for obligation by

7 States through September 30, 2000; and of which

8 $173,452,000, together with not to exceed $738,283,000

9 of the amount which may be expended from said trust

10 fund, shall be available for obligation for the period July

11 1, 1998 through June 30, 1999, to fund activities under

12 the Act of June 6, 1933, as amended, including the cost

13 of penalty mail authorized under 39 U.S.C. 3202(a)(1)(E)

14 made available to States in lieu of allotments for such pur15 pose, and of which $150,000,000 shall be available solely

16 for the purpose of assisting States to convert their auto17 mated State employment security agency systems to be

18 year 2000 compliant, and of which $216,333,000 shall be

19 available only to the extent necessary for additional State

20 allocations to administer unemployment compensation

21 laws to finance increases in the number of unemployment

22 insurance claims filed and claims paid or changes in a

23 State law: Provided, That to the extent that the Average

24 Weekly Insured Unemployment (AWIU) for fiscal year

25 1998 is projected by the Department of Labor to exceed
11

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1 2,789,000 an additional $28,600,000 shall be available for

2 obligation for every 100,000 increase in the AWIU level

3 (including a pro rata amount for any increment less than

4 100,000) from the Employment Security Administration

5 Account of the Unemployment Trust Fund: Provided fur6 ther, That funds appropriated in this Act which are used

7 to establish a national one-stop career center network may

8 be obligated in contracts, grants or agreements with non9 State entities: Provided further, That funds appropriated

10 under this Act for activities authorized under the Wagner11 Peyser Act, as amended, and title III of the Social Secu12 rity Act, may be used by the States to fund integrated

13 Employment Service and Unemployment Insurance auto14 mation efforts, notwithstanding cost allocation principles

15 prescribed under Office of Management and Budget Cir16 cular A–87.

17 ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND

18 OTHER FUNDS

19 For repayable advances to the Unemployment Trust

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

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

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

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

24 for nonrepayable advances to the Unemployment Trust

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

26 States Code, section 104(d) of Public Law 102–164, and
12

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1 section 5 of Public Law 103–6, and to the ‘‘Federal unem2 ployment benefits and allowances’’ account, to remain

3 available until September 30, 1999, $392,000,000.

4 In addition, for making repayable advances to the

5 Black Lung Disability Trust Fund in the current fiscal

6 year after September 15, 1998, for costs incurred by the

7 Black Lung Disability Trust Fund in the current fiscal

8 year, such sums as may be necessary.

9 PROGRAM ADMINISTRATION

10 For expenses of administering employment and train11 ing programs, $84,308,000, together with not to exceed

12 $41,285,000, which may be expended from the Employ13 ment Security Administration account in the Unemploy14 ment Trust Fund.

15 PENSION AND WELFARE BENEFITS ADMINISTRATION

16 SALARIES AND EXPENSES

17 For necessary expenses for the Pension and Welfare

18 Benefits Administration, $82,000,000, of which

19 $3,000,000 shall remain available through September 30,

20 1999 for expenses of completing the revision of the proc21 essing of employee benefit plan returns.

22 PENSION BENEFIT GUARANTY CORPORATION

23 PENSION BENEFIT GUARANTY CORPORATION FUND

24 The Pension Benefit Guaranty Corporation is author25 ized to make such expenditures, including financial assist26 ance authorized by section 104 of Public Law 96–364,
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1 within limits of funds and borrowing authority available

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

3 such contracts and commitments without regard to fiscal

4 year limitations as provided by section 104 of the Govern5 ment Corporation Control Act, as amended (31 U.S.C.

6 9104), as may be necessary in carrying out the program

7 through September 30, 1998, for such Corporation: Pro8 vided, That not to exceed $10,433,000 shall be available

9 for administrative expenses of the Corporation: Provided

10 further, That expenses of such Corporation in connection

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

12 protection or management, and investment of trust assets,

13 and for benefits administration services shall be consid14 ered as non-administrative expenses for the purposes here15 of, and excluded from the above limitation.

16 EMPLOYMENT STANDARDS ADMINISTRATION

17 SALARIES AND EXPENSES

18 For necessary expenses for the Employment Stand19 ards Administration, including reimbursement to State,

20 Federal, and local agencies and their employees for inspec21 tion services rendered, $299,660,000, together with

22 $993,000 which may be expended from the Special Fund

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

24 Longshore and Harbor Workers’ Compensation Act: Pro25 vided further, That the Secretary of Labor is authorized
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1 to accept, retain, and spend, until expended, in the name

2 of the Department of Labor, all sums of money ordered

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

4 the terms of the Consent Judgment in Civil Action No.

5 91–0027 of the United States District Court for the Dis6 trict of the Northern Mariana Islands (May 21, 1992):

7 Provided further, That the Secretary of Labor is author8 ized to establish and, in accordance with 31 U.S.C. 3302,

9 collect and deposit in the Treasury fees for processing ap10 plications and issuing certificates under sections 11(d)

11 and 14 of the Fair Labor Standards Act of 1938, as

12 amended (29 U.S.C. 211(d) and 214) and for processing

13 applications and issuing registrations under title I of the

14 Migrant and Seasonal Agricultural Worker Protection

15 Act, 29 U.S.C. 1801 et seq.

16 SPECIAL BENEFITS

17 (INCLUDING TRANSFER OF FUNDS)

18 For the payment of compensation, benefits, and ex19 penses (except administrative expenses) accruing during

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

21 chapter 81 of the United States Code; continuation of ben22 efits as provided for under the head ‘‘Civilian War Bene23 fits’’ in the Federal Security Agency Appropriation Act,

24 1947; the Employees’ Compensation Commission Appro25 priation Act, 1944; and sections 4(c) and 5(f) of the War

26 Claims Act of 1948 (50 U.S.C. App. 2012); and 50 per
15

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1 centum of the additional compensation and benefits re2 quired by section 10(h) of the Longshore and Harbor

3 Workers’ Compensation Act, as amended, $201,000,000

4 together with such amounts as may be necessary to be

5 charged to the subsequent year appropriation for the pay6 ment of compensation and other benefits for any period

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

8 That amounts appropriated may be used under section

9 8104 of title 5, United States Code, by the Secretary to

10 reimburse an employer, who is not the employer at the

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

12 disabled beneficiary: Provided further, That balances of re13 imbursements unobligated on September 30, 1997, shall

14 remain available until expended for the payment of com15 pensation, benefits, and expenses: Provided further, That

16 in addition there shall be transferred to this appropriation

17 from the Postal Service and from any other corporation

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

19 5, United States Code, to pay an amount for its fair share

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

21 of Labor determines to be the cost of administration for

22 employees of such fair share entities through September

23 30, 1998: Provided further, That of those funds trans24 ferred to this account from the fair share entities to pay

25 the cost of administration, $7,269,000 shall be made avail-
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1 able to the Secretary of Labor for expenditures relating

2 to capital improvements in support of Federal Employees’

3 Compensation Act administration, and the balance of such

4 funds shall be paid into the Treasury as miscellaneous re5 ceipts: Provided further, That the Secretary may require

6 that any person filing a notice of injury or a claim for

7 benefits under chapter 81 of title 5, United States Code,

8 or 33 U.S.C. 901 et seq., provide as part of such notice

9 and claim, such identifying information (including Social

10 Security account number) as such regulations may pre11 scribe.

12 BLACK LUNG DISABILITY TRUST FUND

13 (INCLUDING TRANSFER OF FUNDS)

14 For payments from the Black Lung Disability Trust

15 Fund, $1,007,000,000, of which $960,650,000 shall be

16 available until September 30, 1999, for payment of all

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

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

19 and interest on advances as authorized by section

20 9501(c)(2) of that Act, and of which $26,147,000 shall

21 be available for transfer to Employment Standards Ad22 ministration, Salaries and Expenses, $19,551,000 for

23 transfer to Departmental Management, Salaries and Ex24 penses, $296,000 for transfer to Departmental Manage25 ment, Office of Inspector General, and $356,000 for pay-
17

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1 ment into miscellaneous receipts for the expenses of the

2 Department of Treasury, for expenses of operation and

3 administration of the Black Lung Benefits program as au4 thorized by section 9501(d)(5) of that Act: Provided,

5 That, in addition, such amounts as may be necessary may

6 be charged to the subsequent year appropriation for the

7 payment of compensation, interest, or other benefits for

8 any period subsequent to August 15 of the current year.

9 OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION

10 SALARIES AND EXPENSES

11 For necessary expenses for the Occupational Safety

12 and Health Administration, $336,205,000, including not

13 to exceed $77,941,000 which shall be the maximum

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

15 of the Occupational Safety and Health Act, which grants

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

17 occupational safety and health programs required to be

18 incurred under plans approved by the Secretary under sec19 tion 18 of the Occupational Safety and Health Act of

20 1970; and, in addition, notwithstanding 31 U.S.C. 3302,

21 the Occupational Safety and Health Administration may

22 retain up to $750,000 per fiscal year of training institute

23 course tuition fees, otherwise authorized by law to be col24 lected, and may utilize such sums for occupational safety

25 and health training and education grants: Provided, That,
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1 notwithstanding 31 U.S.C. 3302, the Secretary of Labor

2 is authorized, during the fiscal year ending September 30,

3 1998, to collect and retain fees for services provided to

4 Nationally Recognized Testing Laboratories, and may uti5 lize such sums, in accordance with the provisions of 29

6 U.S.C. 9a, to administer national and international lab7 oratory recognition programs that ensure the safety of

8 equipment and products used by workers in the workplace:

9 Provided further, That none of the funds appropriated

10 under this paragraph shall be obligated or expended to

11 prescribe, issue, administer, or enforce any standard, rule,

12 regulation, or order under the Occupational Safety and

13 Health Act of 1970 which is applicable to any person who

14 is engaged in a farming operation which does not maintain

15 a temporary labor camp and employs ten or fewer employ16 ees: Provided further, That no funds appropriated under

17 this paragraph shall be obligated or expended to admin18 ister or enforce any standard, rule, regulation, or order

19 under the Occupational Safety and Health Act of 1970

20 with respect to any employer of ten or fewer employees

21 who is included within a category having an occupational

22 injury lost workday case rate, at the most precise Stand23 ard Industrial Classification Code for which such data are

24 published, less than the national average rate as such

25 rates are most recently published by the Secretary, acting
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1 through the Bureau of Labor Statistics, in accordance

2 with section 24 of that Act (29 U.S.C. 673), except—

3 (1) to provide, as authorized by such Act, con4 sultation, technical assistance, educational and train5 ing services, and to conduct surveys and studies;

6 (2) to conduct an inspection or investigation in

7 response to an employee complaint, to issue a cita8 tion for violations found during such inspection, and

9 to assess a penalty for violations which are not cor10 rected within a reasonable abatement period and for

11 any willful violations found;

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

13 with respect to imminent dangers;

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

15 with respect to health hazards;

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

17 with respect to a report of an employment accident

18 which is fatal to one or more employees or which re19 sults in hospitalization of two or more employees,

20 and to take any action pursuant to such investiga21 tion authorized by such Act; and

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

23 with respect to complaints of discrimination against

24 employees for exercising rights under such Act: Pro25 vided further, That the foregoing proviso shall not
20

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1 apply to any person who is engaged in a farming op2 eration which does not maintain a temporary labor

3 camp and employs ten or fewer employees.

4 MINE SAFETY AND HEALTH ADMINISTRATION

5 SALARIES AND EXPENSES

6 For necessary expenses for the Mine Safety and

7 Health Administration, $205,804,000, including purchase

8 and bestowal of certificates and trophies in connection

9 with mine rescue and first-aid work, and the hire of pas10 senger motor vehicles; the Secretary is authorized to ac11 cept lands, buildings, equipment, and other contributions

12 from public and private sources and to prosecute projects

13 in cooperation with other agencies, Federal, State, or pri14 vate; the Mine Safety and Health Administration is au15 thorized to promote health and safety education and train16 ing in the mining community through cooperative pro17 grams with States, industry, and safety associations; and

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

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

20 mine rescue and survival operations in the event of a

21 major disaster: Provided, That none of the funds appro22 priated under this paragraph shall be obligated or ex23 pended to carry out section 115 of the Federal Mine Safe24 ty and Health Act of 1977 or to carry out that portion

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

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

3 stone, surface clay, colloidal phosphate, or surface lime4 stone mine.

5 BUREAU OF LABOR STATISTICS

6 SALARIES AND EXPENSES

7 For necessary expenses for the Bureau of Labor Sta8 tistics, including advances or reimbursements to State,

9 Federal, and local agencies and their employees for serv10 ices rendered, $320,097,000, of which $15,430,000 shall

11 be for expenses of revising the Consumer Price Index and

12 shall remain available until September 30, 1999, together

13 with not to exceed $52,574,000, which may be expended

14 from the Employment Security Administration account in

15 the Unemployment Trust Fund.

16 DEPARTMENTAL MANAGEMENT

17 SALARIES AND EXPENSES

18 For necessary expenses for Departmental Manage19 ment, including the hire of three sedans, and including

20 up to $4,439,000 for the President’s Committee on Em21 ployment of People With Disabilities, $152,131,000; to22 gether with not to exceed $282,000, which may be ex23 pended from the Employment Security Administration ac24 count in the Unemployment Trust Fund: Provided, That

25 no funds made available by this Act may be used by the
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1 Solicitor of Labor to participate in a review in any United

2 States court of appeals of any decision made by the Bene3 fits Review Board under section 21 of the Longshore and

4 Harbor Workers’ Compensation Act (33 U.S.C. 921)

5 where such participation is precluded by the decision of

6 the United States Supreme Court in Director, Office of

7 Workers’ Compensation Programs v. Newport News Ship8 building, 115 S. Ct. 1278 (1995): Provided further, That

9 no funds made available by this Act may be used by the

10 Secretary of Labor to review a decision under the

11 Longshore and Harbor Workers’ Compensation Act (33

12 U.S.C. 901 et seq.) that has been appealed and that has

13 been pending before the Benefits Review Board for more

14 than 12 months: Provided further, That any such decision

15 pending a review by the Benefits Review Board for more

16 than one year shall be considered affirmed by the Benefits

17 Review Board on that date, and shall be considered the

18 final order of the Board for purposes of obtaining a review

19 in the United States courts of appeals: Provided further,

20 That these provisions shall not be applicable to the review

21 of any decision issued under the Black Lung Benefits Act

22 (30 U.S.C. 901 et seq.).

23 WORKING CAPITAL FUND

24 The paragraph under this heading in Public Law 85–

25 67 (29 U.S.C. 563) is amended by striking the last period

26 and inserting after ‘‘appropriation action’’ the following:
23

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1 ‘‘: Provided further, That the Secretary of Labor may

2 transfer annually an amount not to exceed $3,000,000

3 from unobligated balances in the Department’s salaries

4 and expenses accounts, to the unobligated balance of the

5 Working Capital Fund, to be merged with such Fund and

6 used for the acquisition of capital equipment and the im7 provement of financial management, information tech8 nology and other support systems, and to remain available

9 until expended: Provided further, That the unobligated bal10 ance of the Fund shall not exceed $20,000,000.’’

11 ASSISTANT SECRETARY FOR VETERANS EMPLOYMENT

12 AND TRAINING

13 Not to exceed $181,955,000 may be derived from the

14 Employment Security Administration account in the Un15 employment Trust Fund to carry out the provisions of 38

16 U.S.C. 4100–4110A and 4321–4327, and Public Law

17 103–353, and which shall be available for obligation by

18 the States through December 31, 1998.

19 OFFICE OF INSPECTOR GENERAL

20 For salaries and expenses of the Office of Inspector

21 General in carrying out the provisions of the Inspector

22 General Act of 1978, as amended, $43,105,000, together

23 with not to exceed $3,645,000, which may be expended

24 from the Employment Security Administration account in

25 the Unemployment Trust Fund.
24

J. S 1061 PCS

1 GENERAL PROVISIONS

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

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

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

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

6 (TRANSFER OF FUNDS)

7 SEC. 102. Not to exceed 1 percent of any discre8 tionary funds (pursuant to the Balanced Budget and

9 Emergency Deficit Control Act, as amended) which are

10 appropriated for the current fiscal year for the Depart11 ment of Labor in this Act may be transferred between ap12 propriations, but no such appropriation shall be increased

13 by more than 3 percent by any such transfer: Provided,

14 That the Appropriations Committees of both Houses of

15 Congress are notified at least fifteen days in advance of

16 any transfer.

17 SEC. 103. Funds shall be available for carrying out

18 title IV–B of the Job Training Partnership Act, notwith19 standing section 427(c) of that Act, if a Job Corps center

20 fails to meet national performance standards established

21 by the Secretary.

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

23 Act may be used by the Occupational Safety and Health

24 Administration to promulgate or issue any proposed or

25 final standard regarding ergonomic protection before Sep26 tember 30, 1998: Provided, That nothing in this section
25

J. S 1061 PCS

1 shall be construed to limit the Occupational Safety and

2 Health Administration from issuing voluntary guidelines

3 on ergonomic protection or from developing a proposed

4 standard regarding ergonomic protection: Provided fur5 ther, That no funds made available in this Act may be

6 used by the Occupational Safety and Health Administra7 tion to enforce voluntary guidelines through section 5

8 (general duty clause) of the Occupational Safety and

9 Health Act.

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

11 Appropriations Act, 1998’’.

12 TITLE II—DEPARTMENT OF HEALTH AND

13 HUMAN SERVICES

14 HEALTH RESOURCES AND SERVICES ADMINISTRATION

15 HEALTH RESOURCES AND SERVICES

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

17 XIX, and XXVI of the Public Health Service Act, section

18 427(a) of the Federal Coal Mine Health and Safety Act,

19 title V of the Social Security Act, and the Health Care

20 Quality Improvement Act of 1986, as amended, and the

21 Native Hawaiian Health Care Act of 1988, as amended,

22 $3,449,071,000, of which $225,000 shall remain available

23 until expended for interest subsidies on loan guarantees

24 made prior to fiscal year 1981 under part B of title VII

25 of the Public Health Service Act: Provided, That the Divi-
26

J. S 1061 PCS

1 sion of Federal Occupational Health may utilize personal

2 services contracting to employ professional management/

3 administrative and occupational health professionals: Pro4 vided further, That in addition to fees authorized by sec5 tion 427(b) of the Health Care Quality Improvement Act

6 of 1986, fees shall be collected for the full disclosure of

7 information under the Act sufficient to recover the full

8 costs of operating the National Practitioner Data Bank,

9 and shall remain available until expended to carry out that

10 Act: Provided further, That no more than $5,000,000 is

11 available for carrying out the provisions of Public Law

12 104–73: Provided further, That of the funds made avail13 able under this heading, $208,452,000 shall be for the

14 program under title X of the Public Health Service Act

15 to provide for voluntary family planning projects: Provided

16 further, That amounts provided to said projects under

17 such title shall not be expended for abortions, that all

18 pregnancy counseling shall be nondirective, and that such

19 amounts shall not be expended for any activity (including

20 the publication or distribution of literature) that in any

21 way tends to promote public support or opposition to any

22 legislative proposal or candidate for public office: Provided

23 further, That $217,000,000 shall be for State AIDS Drug

24 Assistance Programs authorized by section 2616 of the

25 Public Health Service Act: Provided further, That notwith-
27

J. S 1061 PCS

1 standing any other provision of law, funds made available

2 under this heading may be used to continue operating the

3 Council on Graduate Medical Education established by

4 section 301 of Public Law 102–408: Provided further,

5 That, of the funds made available under this heading, not

6 more than $6,000,000 shall be made available and shall

7 remain available until expended for loan guarantees for

8 loans funded under part A of title XVI of the Public

9 Health Service Act as amended, made by non-Federal

10 lenders for the construction, renovation, and moderniza11 tion of medical facilities that are owned and operated by

12 health centers, and for loans made to health centers under

13 section 330(d) of the Public Health Service Act as amend14 ed by Public Law 104–299, and that such funds be avail15 able to subsidize guarantees of total loan principal in an

16 amount not to exceed $80,000,000: Provided further, That

17 notwithstanding section 502(a)(1) of the Social Security

18 Act, not to exceed $103,609,000 is available for carrying

19 out special projects of regional and national significance

20 pursuant to section 501(a)(2) of such Act.

21 MEDICAL FACILITIES GUARANTEE AND LOAN FUND

22 FEDERAL INTEREST SUBSIDIES FOR MEDICAL FACILITIES

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

24 1602 of the Public Health Service Act, $6,000,000, to25 gether with any amounts received by the Secretary in con26 nection with loans and loan guarantees under title VI of
28

J. S 1061 PCS

1 the Public Health Service Act, to be available without fis2 cal year limitation for the payment of interest subsidies.

3 During the fiscal year, no commitments for direct loans

4 or loan guarantees shall be made.

5 HEALTH EDUCATION ASSISTANCE LOANS PROGRAM

6 (INCLUDING TRANSFER OF FUNDS)

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

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

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

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

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

12 of the Congressional Budget Act of 1974: Provided fur13 ther, That these funds are available to subsidize gross obli14 gations for the total loan principal any part of which is

15 to be guaranteed at not to exceed $85,000,000: Provided

16 further, That the Secretary may use up to $1,000,000 de17 rived by transfer from insurance premiums collected from

18 guaranteed loans made under title VII of the Public

19 Health Service Act for the purpose of carrying out section

20 709 of that Act. In addition, for administrative expenses

21 to carry out the guaranteed loan program, $2,688,000.

22 VACCINE INJURY COMPENSATION PROGRAM TRUST FUND

23 For payments from the Vaccine Injury Compensation

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

25 claims associated with vaccine-related injury or death with

26 respect to vaccines administered after September 30,
29

J. S 1061 PCS

1 1988, pursuant to subtitle 2 of title XXI of the Public

2 Health Service Act, to remain available until expended:

3 Provided, That for necessary administrative expenses, not

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

5 Fund to the Secretary of Health and Human Services.

6 CENTERS FOR DISEASE CONTROL AND PREVENTION

7 DISEASE CONTROL, RESEARCH, AND TRAINING

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

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

10 103, 201, 202, 203, 301, and 501 of the Federal Mine

11 Safety and Health Act of 1977, and sections 20, 21 and

12 22 of the Occupational Safety and Health Act of 1970,

13 title IV of the Immigration and Nationality Act and sec14 tion 501 of the Refugee Education Assistance Act of 1980;

15 including insurance of official motor vehicles in foreign

16 countries; and hire, maintenance, and operation of air17 craft, $2,317,113,000, of which $23,007,000 shall remain

18 available until expended for equipment and construction

19 and renovation of facilities, and in addition, such sums

20 as may be derived from authorized user fees, which shall

21 be credited to this account: Provided, That in addition to

22 amounts provided herein, up to $70,063,000 shall be

23 available from amounts available under section 241 of the

24 Public Health Service Act, to carry out the National Cen25 ter for Health Statistics surveys: Provided further, That
30

J. S 1061 PCS

1 none of the funds made available for injury prevention and

2 control at the Centers for Disease Control and Prevention

3 may be used to advocate or promote gun control: Provided

4 further, That the Director may redirect the total amount

5 made available under authority of Public Law 101–502,

6 section 3, dated November 3, 1990, to activities the Direc7 tor may so designate: Provided further, That the Congress

8 is to be notified promptly of any such transfer.

9 In addition, $51,000,000, to be derived from the Vio10 lent Crime Reduction Trust Fund, for carrying out sec11 tions 40151 and 40261 of Public Law 103–322.

12 NATIONAL INSTITUTES OF HEALTH

13 NATIONAL CANCER INSTITUTE

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

16 $2,558,377,000.

17 NATIONAL HEART, LUNG, AND BLOOD INSTITUTE

18 For carrying out section 301 and title IV of the Pub19 lic Health Service Act with respect to cardiovascular, lung,

20 and blood diseases, and blood and blood products,

21 $1,531,898,000.

22 NATIONAL INSTITUTE OF DENTAL RESEARCH

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

25 $211,611,000.
31

J. S 1061 PCS

1 NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND

2 KIDNEY DISEASES

3 For carrying out section 301 and title IV of the Pub4 lic Health Service Act with respect to diabetes and diges5 tive and kidney disease, $883,321,000.

6 NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS

7 AND STROKE

8 For carrying out section 301 and title IV of the Pub9 lic Health Service Act with respect to neurological dis10 orders and stroke, $781,351,000.

11 NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS

12 DISEASES

13 For carrying out section 301 and title IV of the Pub14 lic Health Service Act with respect to allergy and infec15 tious diseases, $1,359,688,000.

16 NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES

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

19 sciences, $1,058,969,000.

20 NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN

21 DEVELOPMENT

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

24 human development, $676,870,000.
32

J. S 1061 PCS

1 NATIONAL EYE INSTITUTE

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

4 visual disorders, $357,695,000.

5 NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH

6 SCIENCES

7 For carrying out sections 301 and 311 and title IV

8 of the Public Health Service Act with respect to environ9 mental health sciences, $331,969,000.

10 NATIONAL INSTITUTE ON AGING

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

13 $520,705,000.

14 NATIONAL INSTITUTE OF ARTHRITIS AND

15 MUSCULOSKELETAL AND SKIN DISEASES

16 For carrying out section 301 and title IV of the Pub17 lic Health Service Act with respect to arthritis and mus18 culoskeletal and skin diseases, $272,631,000.

19 NATIONAL INSTITUTE ON DEAFNESS AND OTHER

20 COMMUNICATION DISORDERS

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

23 communication disorders, $200,428,000.
33

J. S 1061 PCS

1 NATIONAL INSTITUTE OF NURSING RESEARCH

2 For carrying out section 301 and title IV of the Public

3 Health Service Act with respect to nursing research,

4 $64,016,000.

5 NATIONAL INSTITUTE ON ALCOHOL ABUSE AND

6 ALCOHOLISM

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

9 alcoholism, $228,585,000.

10 NATIONAL INSTITUTE ON DRUG ABUSE

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

13 $531,751,000.

14 NATIONAL INSTITUTE OF MENTAL HEALTH

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

17 $753,334,000.

18 NATIONAL HUMAN GENOME RESEARCH INSTITUTE

19 For carrying out section 301 and title IV of the Pub20 lic Health Service Act with respect to human genome re21 search, $218,851,000.

22 NATIONAL CENTER FOR RESEARCH RESOURCES

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

25 and general research support grants, $455,805,000: Pro26 vided, That none of these funds shall be used to pay recipi-
34

J. S 1061 PCS

1 ents of the general research support grants program any

2 amount for indirect expenses in connection with such

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

4 extramural facilities construction grants.

5 JOHN E. FOGARTY INTERNATIONAL CENTER

6 For carrying out the activities at the John E.

7 Fogarty International Center, $28,468,000.

8 NATIONAL LIBRARY OF MEDICINE

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

11 communications, $162,825,000, of which $4,000,000 shall

12 be available until expended for improvement of informa13 tion systems: Provided, That in fiscal year 1998, the Li14 brary may enter into personal services contracts for the

15 provision of services in facilities owned, operated, or con16 structed under the jurisdiction of the National Institutes

17 of Health.

18 OFFICE OF THE DIRECTOR

19 (INCLUDING TRANSFER OF FUNDS)

20 For carrying out the responsibilities of the Office of

21 the Director, National Institutes of Health, $292,196,000

22 of which $40,266,000 shall be for the Office of AIDS Re23 search: Provided, That funding shall be available for the

24 purchase of not to exceed five passenger motor vehicles

25 for replacement only: Provided further, That the Director

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

J. S 1061 PCS

1 able in this Act to all National Institutes of Health appro2 priations to activities the Director may so designate: Pro3 vided further, That no such appropriation shall be de4 creased by more than 1 percent by any such transfers and

5 that the Congress is promptly notified of the transfer: Pro6 vided further, That NIH is authorized to collect third

7 party payments for the cost of clinical services that are

8 incurred in National Institutes of Health research facili9 ties and that such payments shall be credited to the Na10 tional Institutes of Health Management Fund: Provided

11 further, That all funds credited to the NIH Management

12 Fund shall remain available for one fiscal year after the

13 fiscal year in which they are deposited: Provided further,

14 That up to $500,000 shall be available to carry out section

15 499 of the Public Health Service Act: Provided further,

16 That $13,000,000 shall be available to carry out section

17 404E of the Public Health Service Act.

18 BUILDINGS AND FACILITIES

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

20 equipment for, facilities of or used by the National Insti21 tutes of Health, including the acquisition of real property,

22 $211,500,000, to remain available until expended, of

23 which $90,000,000 shall be for the clinical research cen24 ter: Provided, That, notwithstanding any other provision

25 of law, a single contract or related contracts for the devel26 opment and construction of the clinical research center
36

J. S 1061 PCS

1 may be employed which collectively include the full scope

2 of the project: Provided further, That the solicitation and

3 contract shall contain the clause ‘‘availability of funds’’

4 found at 48 CFR 52.232–18.

5 SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

6 ADMINISTRATION

7 SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

8 For carrying out titles V and XIX of the Public

9 Health Service Act with respect to substance abuse and

10 mental health services, the Protection and Advocacy for

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

12 the Public Health Service Act with respect to program

13 management, $2,126,643,000 of which $10,000,000 shall

14 be for grants to rural and Native American projects: Pro15 vided, That in addition to amounts provided herein, up

16 to $10,000,000 shall be available from amounts available

17 under section 241 of the Public Health Service Act, for

18 State-level data collection activities by the National

19 Household Survey on Drug Abuse: Provided further, That

20 notwithstanding any other provision of law, each State’s

21 allotment for fiscal year 1998 for each of the programs

22 under subparts I and II of part B of title XIX of the Pub23 lic Health Service Act shall be equal to such State’s allot24 ment for such programs for fiscal year 1997.
37

J. S 1061 PCS

1 RETIREMENT PAY AND MEDICAL BENEFITS FOR

2 COMMISSIONED OFFICERS

3 For retirement pay and medical benefits of Public

4 Health Service Commissioned Officers as authorized by

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

6 Family Protection Plan and Survivor Benefit Plan and for

7 medical care of dependents and retired personnel under

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

9 for payments pursuant to section 229(b) of the Social Se10 curity Act (42 U.S.C. 429(b)), such amounts as may be

11 required during the current fiscal year.

12 AGENCY FOR HEALTH CARE POLICY AND RESEARCH

13 HEALTH CARE POLICY AND RESEARCH

14 For carrying out titles III and IX of the Public

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

16 Security Act, $77,587,000; in addition, amounts received

17 from Freedom of Information Act fees, reimbursable and

18 interagency agreements, and the sale of data tapes shall

19 be credited to this appropriation and shall remain avail20 able until expended: Provided, That the amount made

21 available pursuant to section 926(b) of the Public Health

22 Service Act shall not exceed $65,000,000.
38

J. S 1061 PCS

1 HEALTH CARE FINANCING ADMINISTRATION

2 GRANTS TO STATES FOR MEDICAID

3 For carrying out, except as otherwise provided, titles

4 XI and XIX of the Social Security Act, $71,602,429,000,

5 to remain available until expended.

6 For making, after May 31, 1998, payments to States

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

8 quarter of fiscal year 1998 for unanticipated costs, in9 curred for the current fiscal year, such sums as may be

10 necessary.

11 For making payments to States under title XIX of

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

13 1999, $27,800,689,000, to remain available until ex14 pended.

15 Payment under title XIX may be made for any quar16 ter with respect to a State plan or plan amendment in

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

18 quarter and approved in that or any subsequent quarter.

19 PAYMENTS TO HEALTH CARE TRUST FUNDS

20 For payment to the Federal Hospital Insurance and

21 the Federal Supplementary Medical Insurance Trust

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

23 Social Security Act, sections 103(c) and 111(d) of the So24 cial Security Amendments of 1965, section 278(d) of Pub25 lic Law 97–248, and for administrative expenses incurred
39

J. S 1061 PCS

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

2 $63,581,000,000.

3 PROGRAM MANAGEMENT

4 For carrying out, except as otherwise provided, titles

5 XI, XVIII, and XIX of the Social Security Act, titles XIII

6 and XXVII of the Public Health Service Act, the Clinical

7 Laboratory Improvement Amendments of 1988, and sec8 tion 191 of Public Law 104–191, not to exceed

9 $1,719,241,000 to be transferred from the Federal Hos10 pital Insurance and the Federal Supplementary Medical

11 Insurance Trust Funds, as authorized by section 201(g)

12 of the Social Security Act; together with all funds collected

13 in accordance with section 353 of the Public Health Serv14 ice Act, the latter funds to remain available until ex15 pended, together with such sums as may be collected from

16 authorized user fees and the sale of data, which shall re17 main available until expended: Provided, That all funds

18 derived in accordance with 31 U.S.C. 9701 from organiza19 tions established under title XIII of the Public Health

20 Service Act are to be credited to and available for carrying

21 out the purposes of this appropriation: Provided further,

22 That $55,000,000 appropriated under this heading for the

23 development of, transition to, and implementation of the

24 Medicare Transaction System shall remain available until

25 expended.
40

J. S 1061 PCS

1 HEALTH MAINTENANCE ORGANIZATION LOAN AND LOAN

2 GUARANTEE FUND

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

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

6 guarantees under title XIII of the Public Health Service

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

8 payment of outstanding obligations. During fiscal year

9 1998, no commitments for direct loans or loan guarantees

10 shall be made.

11 ADMINISTRATION FOR CHILDREN AND FAMILIES

12 FAMILY SUPPORT PAYMENTS TO STATES

13 For making payments to each State for carrying out

14 the program of Aid to Families with Dependent Children

15 under title IV–A of the Social Security Act before the ef16 fective date of the program of Temporary Assistance to

17 Needy Families (TANF) with respect to such State, such

18 sums as may be necessary: Provided, That the sum of the

19 amounts available to a State with respect to expenditures

20 under such title IV–A in fiscal year 1997 under this ap21 propriation and under such title IV–A as amended by the

22 Personal Responsibility and Work Opportunity Reconcili23 ation Act of 1996 shall not exceed the limitations under

24 section 116(b) of such Act.
41

J. S 1061 PCS

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

2 payments to States or other non-Federal entities under

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

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

5 the last three months of the current year for unanticipated

6 costs, incurred for the current fiscal year, such sums as

7 may be necessary.

8 For making payments to States or other non-Federal

9 entities under titles I, IV–D, X, XI, XIV, and XVI of the

10 Social Security Act and the Act of July 5, 1960 (24

11 U.S.C. ch. 9), for the first quarter of fiscal year 1999,

12 $660,000,000, to remain available until expended.

13 LOW INCOME HOME ENERGY ASSISTANCE

14 For making payments under title XXVI of the Omni15 bus Budget Reconciliation Act of 1981, $1,200,000,000,

16 to be available for obligation in the period October 1, 1998

17 through September 30, 1999.

18 For making payments under title XXVI of such Act,

19 $300,000,000: Provided, That these funds are hereby des20 ignated by Congress to be emergency requirements pursu21 ant to section 251(b)(2)(D) of the Balanced Budget and

22 Emergency Deficit Control Act of 1985: Provided further,

23 That these funds shall be made available only after sub24 mission to Congress of a formal budget request by the

25 President that includes designation of the entire amount
42

J. S 1061 PCS

1 of the request as an emergency requirement as defined in

2 the Balanced Budget and Emergency Deficit Control Act.

3 REFUGEE AND ENTRANT ASSISTANCE

4 For making payments for refugee and entrant assist5 ance activities authorized by title IV of the Immigration

6 and Nationality Act and section 501 of the Refugee Edu7 cation Assistance Act of 1980 (Public Law 96–422),

8 $392,332,000: Provided, That funds appropriated pursu9 ant to section 414(a) of the Immigration and Nationality

10 Act under Public Law 104–134 for fiscal year 1996 shall

11 be available for the costs of assistance provided and other

12 activities conducted in such year and in fiscal years 1997

13 and 1998.

14 CHILD CARE AND DEVELOPMENT BLOCK GRANT

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

16 Omnibus Budget Reconciliation Act of 1981 (The Child

17 Care and Development Block Grant Act of 1990), in addi18 tion to amounts already appropriated for fiscal year 1998,

19 $26,120,000; and to become available on October 1, 1998

20 and remain available through September 30, 1999,

21 $1,000,000,000: Provided, That of funds appropriated for

22 each of fiscal years 1998 and 1999, $19,120,000 shall be

23 available for child care resource and referral and school24 aged child care activities, of which for fiscal year 1998

25 $6,120,000 shall be derived from an amount that shall be

26 transferred from the amount appropriated under section
43

J. S 1061 PCS

1 452(j) of the Social Security Act (42 U.S.C. 652(j)) for

2 fiscal year 1997 and remaining available for expenditure.

3 SOCIAL SERVICES BLOCK GRANT

4 For making grants to States pursuant to section

5 2002 of the Social Security Act, $2,245,000,000: Pro6 vided, That notwithstanding section 2003(c) of such Act,

7 as amended, the amount specified for allocation under

8 such section for fiscal year 1998 shall be $2,245,000,000.

9 CHILDREN AND FAMILIES SERVICES PROGRAMS

10 (INCLUDING RESCISSIONS)

11 For carrying out, except as otherwise provided, the

12 Runaway and Homeless Youth Act, the Developmental

13 Disabilities Assistance and Bill of Rights Act, the Head

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

15 (including section 105(a)(2) of the Child Abuse Prevention

16 and Treatment Act), the Native American Programs Act

17 of 1974, title II of Public Law 95–266 (adoption opportu18 nities), the Abandoned Infants Assistance Act of 1988,

19 part B(1) of title IV and sections 413, 429A and 1110

20 of the Social Security Act; for making payments under the

21 Community Services Block Grant Act; and for necessary

22 administrative expenses to carry out said Acts and titles

23 I, IV, X, XI, XIV, XVI, and XX of the Social Security

24 Act, the Act of July 5, 1960 (24 U.S.C. ch. 9), the Omni25 bus Budget Reconciliation Act of 1981, title IV of the Im26 migration and Nationality Act, section 501 of the Refugee
44

J. S 1061 PCS

1 Education Assistance Act of 1980, and section 126 and

2 titles IV and V of Public Law 100–485, $5,606,094,000,

3 of which $539,432,000 shall be for making payments

4 under the Community Services Block Grant Act: Provided,

5 That to the extent Community Services Block Grant funds

6 are distributed as grant funds by a State to an eligible

7 entity as provided under the Act, and have not been ex8 pended by such entity, they shall remain with such entity

9 for carryover into the next fiscal year for expenditure by

10 such entity consistent with program purposes: Provided

11 further, That notwithstanding any other provision of law,

12 10 percent of any additional funds for Head Start over

13 the fiscal year 1997 appropriation shall be made available

14 for Early Head Start programs.

15 In addition, $93,000,000, to be derived from the Vio16 lent Crime Reduction Trust Fund, for carrying out sec17 tions 40155, 40211 and 40241 of Public Law 103–322.

18 Funds appropriated for fiscal year 1998 under sec19 tion 429A(e), part B of title IV of the Social Security Act

20 shall be reduced by $6,000,000.

21 Funds appropriated for fiscal year 1998 under sec22 tion 413(h)(1) of the Social Security Act shall be reduced

23 by $15,000,000.

24 FAMILY PRESERVATION AND SUPPORT

25 For carrying out section 430 of the Social Security

26 Act, $255,000,000.
45

J. S 1061 PCS

1 PAYMENTS TO STATES FOR FOSTER CARE AND ADOPTION

2 ASSISTANCE

3 For making payments to States or other non-Federal

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

5 $3,200,000,000.

6 For making payments to States or other non-Federal

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

8 the first quarter of fiscal year 1999, $1,157,500,000.

9 ADMINISTRATION ON AGING

10 AGING SERVICES PROGRAMS

11 For carrying out, to the extent not otherwise pro12 vided, the Older Americans Act of 1965, as amended,

13 $854,074,000: Provided, That notwithstanding section

14 308(b)(1) of such Act, the amounts available to each State

15 for administration of the State plan under title III of such

16 Act shall be reduced not more than 5 percent below the

17 amount that was available to such State for such purpose

18 for fiscal year 1995: Provided further, That of the funds

19 appropriated to carry out section 303(a)(1) of such Act,

20 $4,449,000 shall be available for carrying out section

21 702(a) of such Act and $4,732,000 shall be available for

22 carrying out section 702(c) of such Act: Provided further,

23 That in considering grant applications for nutrition serv24 ices for elder Indian recipients, the Assistant Secretary

25 shall provide maximum flexibility to applicants who seek
46

J. S 1061 PCS

1 to take into account subsistence, local customs, and other

2 characteristics that are appropriate to the unique cultural,

3 regional, and geographic needs of the American Indian,

4 Alaskan and Hawaiian native communities to be served.

5 OFFICE OF THE SECRETARY

6 GENERAL DEPARTMENTAL MANAGEMENT

7 For necessary expenses, not otherwise provided, for

8 general departmental management, including hire of six

9 sedans, and for carrying out titles III, XVII, and XX of

10 the Public Health Service Act, the United States-Mexico

11 Border Health Commission Act, and research studies

12 under section 1110 of the Socal Security Act,

13 $174,588,000, together with $5,851,000, to be transferred

14 and expended as authorized by section 201(g)(1) of the

15 Social Security Act from the Hospital Insurance Trust

16 Fund and the Supplemental Medical Insurance Trust

17 Fund.

18 OFFICE OF INSPECTOR GENERAL

19 For expenses necessary for the Office of Inspector

20 General in carrying out the provisions of the Inspector

21 General Act of 1978, as amended, $31,921,000.

22 OFFICE FOR CIVIL RIGHTS

23 For expenses necessary for the Office for Civil

24 Rights, $16,345,000, together with not to exceed

25 $3,314,000, to be transferred and expended as authorized

26 by section 201(g)(1) of the Social Security Act from the
47

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1 Hospital Insurance Trust Fund and the Supplemental

2 Medical Insurance Trust Fund.

3 POLICY RESEARCH

4 For carrying out, to the extent not otherwise pro5 vided, research studies under section 1110 of the Social

6 Security Act, $9,500,000.

7 GENERAL PROVISIONS

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

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

10 and representation expenses when specifically approved by

11 the Secretary.

12 SEC. 202. The Secretary shall make available through

13 assignment not more than 60 employees of the Public

14 Health Service to assist in child survival activities and to

15 work in AIDS programs through and with funds provided

16 by the Agency for International Development, the United

17 Nations International Children’s Emergency Fund or the

18 World Health Organization.

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

20 Act may be used to implement section 399L(b) of the Pub21 lic Health Service Act or section 1503 of the National In22 stitutes of Health Revitalization Act of 1993, Public Law

23 103–43.

24 SEC. 204. None of the funds appropriated in this Act

25 for the National Institutes of Health and the Substance

26 Abuse and Mental Health Services Administration shall
48

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

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

3 $125,000 per year.

4 SEC. 205. None of the funds appropriated in this Act

5 may be expended pursuant to section 241 of the Public

6 Health Service Act, except for funds specifically provided

7 for in this Act, or for other taps and assessments made

8 by any office located in the Department of Health and

9 Human Services, prior to the Secretary’s preparation and

10 submission of a report to the Committee on Appropria11 tions of the Senate and of the House detailing the planned

12 uses of such funds.

13 SEC. 206. None of the funds appropriated in this Act

14 may be obligated or expended for the Federal Council on

15 Aging under the Older Americans Act or the Advisory

16 Board on Child Abuse and Neglect under the Child Abuse

17 Prevention and Treatment Act.

18 (TRANSFER OF FUNDS)

19 SEC. 207. Not to exceed 1 percent of any discre20 tionary funds (pursuant to the Balanced Budget and

21 Emergency Deficit Control Act, as amended) which are

22 appropriated for the current fiscal year for the Depart23 ment of Health and Human Services in this Act may be

24 transferred between appropriations, but no such appro25 priation shall be increased by more than 3 percent by any

26 such transfer: Provided, That the Appropriations Commit-
49

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1 tees of both Houses of Congress are notified at least fif2 teen days in advance of any transfer.

3 (TRANSFER OF FUNDS)

4 SEC. 208. The Director of the National Institutes of

5 Health, jointly with the Director of the Office of AIDS

6 Research, may transfer up to 3 percent among institutes,

7 centers, and divisions from the total amounts identified

8 by these two Directors as funding for research pertaining

9 to the human immunodeficiency virus: Provided, That the

10 Congress is promptly notified of the transfer.

11 (TRANSFER OF FUNDS)

12 SEC. 209. Of the amounts made available in this Act

13 for the National Institutes of Health, the amount for re14 search related to the human immunodeficiency virus, as

15 jointly determined by the Director of NIH and the Direc16 tor of the Office of AIDS Research, shall be made avail17 able to the ‘‘Office of AIDS Research’’ account. The Di18 rector of the Office of AIDS Research shall transfer from

19 such account amounts necessary to carry out section

20 2353(d)(3) of the Public Health Service Act.

21 SEC. 210. Funds appropriated in this Act for the Na22 tional Institutes of Health may be used to provide transit

23 subsidies in amounts consistent with the transportation

24 subsidy programs authorized under section 629 of Public

25 Law 101–509 to non-FTE bearing positions including

26 trainees, visiting fellows and volunteers.
50

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

2 and Human Services Appropriations Act, 1998’’.

3 TITLE III—DEPARTMENT OF EDUCATION

4 EDUCATION REFORM

5 For carrying out activities authorized by titles III

6 and IV of the Goals 2000: Educate America Act, the

7 School-to-Work Opportunities Act, and sections 3132,

8 3136, and 3141 of the Elementary and Secondary Edu9 cation Act of 1965, $1,271,000,000, of which

10 $530,000,000 for the Goals 2000: Educate America Act

11 and $200,000,000 for the School-to-Work Opportunities

12 Act shall become available on July 1, 1998, and remain

13 available through September 30, 1999: Provided, That

14 none of the funds appropriated under this heading shall

15 be obligated or expended to carry out section 304(a)(2)(A)

16 of the Goals 2000: Educate America Act, except that no

17 more than $1,500,000 may be used to carry out activities

18 under section 314(a)(2) of that Act: Provided further,

19 That section 315(a)(2) of the Goals 2000 Act shall not

20 apply: Provided further, That up to one-half of one percent

21 of the amount available under section 3132 shall be set

22 aside for the outlying areas, to be distributed on the basis

23 of their relative need as determined by the Secretary in

24 accordance with the purposes of the program: Provided

25 further, That if any State educational agency does not
51

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1 apply for a grant under section 3132, that State’s allot2 ment under section 3131 shall be reserved by the Sec3 retary for grants to local educational agencies in that

4 State that apply directly to the Secretary according to the

5 terms and conditions published by the Secretary in the

6 Federal Register.

7 EDUCATION FOR THE DISADVANTAGED

8 For carrying out title I of the Elementary and Sec9 ondary Education Act of 1965, and section 418A of the

10 Higher Education Act, $7,807,349,000, of which

11 $6,488,271,000 shall become available on July 1, 1998,

12 and shall remain available through September 30, 1999,

13 and of which $1,298,386,000 shall become available on

14 October 1, 1998 and shall remain available through Sep15 tember 30, 1999, for academic year 1998–1999: Provided,

16 That $6,273,712,000 shall be available for basic grants

17 under section 1124: Provided further, That up to

18 $4,000,000 of these funds shall be available to the Sec19 retary on October 1, 1997, to obtain updated local-edu20 cational-agency-level census poverty data from the Bureau

21 of the Census: Provided further, That $1,022,020,000

22 shall be available for concentration grants under section

23 1124A, $6,977,000 shall be available for evaluations

24 under section 1501 and not more than $7,500,000 shall

25 be reserved for section 1308, of which not more than

26 $3,000,000 shall be reserved for section 1308(d): Provided
52

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1 further, That grant awards under section 1124 and

2 1124(A) of title I of the Elementary and Secondary Edu3 cation Act shall be made to each State or local educational

4 agency at no less than 100 percent of the amount such

5 State or local educational agency received under this au6 thority for fiscal year 1997 under Public Laws 104–208

7 and 105–18: Provided further, That in determining State

8 allocations under any other program administered by the

9 Secretary, amounts provided under Public Law 105–18,

10 or equivalent amounts provided for in this bill, will not

11 be taken into account in determining State allocations.

12 IMPACT AID

13 For carrying out programs of financial assistance to

14 federally affected schools authorized by title VIII of the

15 Elementary and Secondary Education Act of 1965,

16 $794,500,000, of which $623,500,000 shall be for basic

17 support payments under section 8003(b), $80,000,000

18 shall be for payments for children with disabilities under

19 section 8003(d), $52,000,000, to remain available until

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

21 $5,000,000 shall be for construction under section 8007,

22 and $24,000,000 shall be for Federal property payments

23 under section 8002 and $10,000,000, to remain available

24 until expended, shall be for facilities maintenance under

25 section 8008.
53

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1 SCHOOL IMPROVEMENT PROGRAMS

2 For carrying out school improvement activities au3 thorized by titles II, IV–A–1 and 2, V–A and B, VI, IX,

4 X, XII and XIII of the Elementary and Secondary Edu5 cation Act of 1965; the Stewart B. McKinney Homeless

6 Assistance Act; and the Civil Rights Act of 1964;

7 $1,482,293,000, of which $1,206,278,000 shall become

8 available on July 1, 1998, and remain available through

9 September 30, 1999: Provided, That of the amount appro10 priated, $310,000,000 shall be for Eisenhower profes11 sional development State grants under title II–B of the

12 Elementary and Secondary Education Act, $310,000,000

13 shall be for innovative education program strategies State

14 grants under title VI–A of said Act and $750,000 shall

15 be for an evaluation of comprehensive regional assistance

16 centers under title XIII of said Act.

17 INDIAN EDUCATION

18 For expenses necessary to carry out, to the extent

19 not otherwise provided, title IX, part A of the Elementary

20 and Secondary Education Act of 1965, as amended, and

21 section 215 of the Department of Education Organization

22 Act, $62,600,000.

23 BILINGUAL AND IMMIGRANT EDUCATION

24 For carrying out, to the extent not otherwise pro25 vided, bilingual, foreign language and immigrant edu26 cation activities authorized by parts A and C and section
54

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1 7203 of title VII of the Elementary and Secondary Edu2 cation Act, without regard to section 7103(b),

3 $354,000,000: Provided, That State educational agencies

4 may use all, or any part of, their part C allocation for

5 competitive grants to local educational agencies: Provided

6 further, That the Department of Education should only

7 support instructional programs which ensure that students

8 completely master English in a timely fashion (a period

9 of three to five years) while meeting rigorous achievement

10 standards in the academic content areas.

11 SPECIAL EDUCATION

12 For carrying out the Individuals with Disabilities

13 Education Act, $4,958,073,000, of which $4,713,112,000

14 shall become available for obligation on July 1, 1998, and

15 shall remain available through September 30, 1999: Pro16 vided, That $1,500,000 of the funds provided shall be for

17 secton 687(b)(2)(G), and shall remain available until ex18 pended.

19 REHABILITATION SERVICES AND DISABILITY RESEARCH

20 For carrying out, to the extent not otherwise pro21 vided, the Rehabilitation Act of 1973, the Technology-Re22 lated Assistance for Individuals with Disabilities Act, and

23 the Helen Keller National Center Act, as amended,

24 $2,591,286,000.
55

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1 SPECIAL INSTITUTIONS FOR PERSONS WITH

2 DISABILITIES

3 AMERICAN PRINTING HOUSE FOR THE BLIND

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

5 amended (20 U.S.C. 101 et seq.), $7,906,000.

6 NATIONAL TECHNICAL INSTITUTE FOR THE DEAF

7 For the National Technical Institute for the Deaf

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

9 of 1986 (20 U.S.C. 4301 et seq.), $44,141,000: Provided,

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

11 discretion use funds for the endowment program as au12 thorized under section 207.

13 GALLAUDET UNIVERSITY

14 For the Kendall Demonstration Elementary School,

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

16 support of Gallaudet University under titles I and II of

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

18 et seq.), $81,000,000: Provided, That from the amount

19 available, the University may at its discretion use funds

20 for the endowment program as authorized under section

21 207.

22 VOCATIONAL AND ADULT EDUCATION

23 For carrying out, to the extent not otherwise pro24 vided, the Carl D. Perkins Vocational and Applied Tech25 nology Education Act and the Adult Education Act and

26 the National Literacy Act of 1991, $1,486,698,000, of
56

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1 which $1,483,598,000 shall become available on July 1,

2 1998 and shall remain available through September 30,

3 1999; and of which $4,491,000 from amounts available

4 under the Adult Education Act shall be for the National

5 Institute for Literacy under section 384(c): Provided,

6 That, of the amounts made available for title II of the

7 Carl D. Perkins Vocational and Applied Technology Edu8 cation Act, $13,497,000 shall be used by the Secretary

9 for national programs under title IV, without regard to

10 section 451: Provided further, That the Secretary may re11 serve up to $4,998,000 under section 313(d) of the Adult

12 Education Act for activities carried out under section 383

13 of that Act: Provided further, That no funds shall be

14 awarded to a State Council under section 112(f) of the

15 Carl D. Perkins Vocational and Applied Technology Edu16 cation Act, and no State shall be required to operate such

17 a Council.

18 STUDENT FINANCIAL ASSISTANCE

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

20 C and part E of title IV of the Higher Education Act of

21 1965, as amended, $8,557,741,000, which shall remain

22 available through September 30, 1999.

23 The maximum Pell Grant for which a student shall

24 be eligible during award year 1998–1999 shall be $3,000:

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

26 if the Secretary determines, prior to publication of the
57

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1 payment schedule for such award year, that the amount

2 included within this appropriation for Pell Grant awards

3 in such award year, and any funds available from the fis4 cal year 1997 appropriation for Pell Grant awards, are

5 insufficient to satisfy fully all such awards for which stu6 dents are eligible, as calculated under section 401(b) of

7 the Act, the amount paid for each such award shall be

8 reduced by either a fixed or variable percentage, or by a

9 fixed dollar amount, as determined in accordance with a

10 schedule of reductions established by the Secretary for this

11 purpose.

12 FEDERAL FAMILY EDUCATION LOAN PROGRAM ACCOUNT

13 For Federal administrative expenses to carry out

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

15 of the Higher Education Act, as amended, $46,482,000.

16 HIGHER EDUCATION

17 For carrying out, to the extent not otherwise pro18 vided, parts A and B of title III, without regard to section

19 360(a)(1)(B)(ii), titles IV, V, VI, VII, and IX, and part

20 A and subpart 1 of parts B and E of title X and title

21 XI of the Higher Education Act of 1965, as amended, part

22 G of title XV of Public Law 102–325, the Mutual Edu23 cational and Cultural Exchange Act of 1961, and Public

24 Law 102–423; $929,752,000, of which $13,700,000 for

25 interest subsidies under title VII of the Higher Education

26 Act shall remain available until expended: Provided, That
58

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1 funds available for part D of title IX of the Higher Edu2 cation Act shall be available to fund new and noncompet3 ing continuation awards for academic year 1998–1999 for

4 fellowships awarded originally under part C of title IX of

5 said Act, under the terms and conditions of part C.

6 HOWARD UNIVERSITY

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

8 121 et seq.), $198,000,000: Provided, That not less than

9 $3,530,000, shall be for a matching endowment grant pur10 suant to the Howard University Endowment Act (Public

11 Law 98–480) and shall remain available until expended.

12 COLLEGE HOUSING AND ACADEMIC FACILITIES LOANS

13 PROGRAM

14 For Federal administrative expenses to carry out ac15 tivities related to facility loans entered into under title VII,

16 part C and section 702 of the Higher Education Act, as

17 amended, $698,000.

18 HISTORICALLY BLACK COLLEGE AND UNIVERSITY

19 CAPITAL FINANCING, PROGRAM ACCOUNT

20 The total amount of bonds insured pursuant to sec21 tion 724 of title VII, part B of the Higher Education Act

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

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

24 of such bonds shall not exceed zero.

25 For administrative expenses to carry out the Histori26 cally Black College and University Capital Financing Pro-
59

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1 gram entered into pursuant to title VII, part B of the

2 Higher Education Act, as amended, $104,000.

3 EDUCATION RESEARCH, STATISTICS, AND IMPROVEMENT

4 For carrying out activities authorized by the Edu5 cational Research, Development, Dissemination, and Im6 provement Act of 1994, including part E; the National

7 Education Statistics Act of 1994; section 2102 of title II,

8 and parts B, C, and D of title III, and parts A, B, I,

9 and K and section 10601 of title X, and part C of title

10 XIII of the Elementary and Secondary Education Act of

11 1965, as amended, and title VI of Public Law 103–227,

12 $362,225,000.

13 CHILD LITERACY INITIATIVE

14 For carrying out a child literacy initiative,

15 $260,000,000, which shall become available on October 1,

16 1998 and shall remain available through September 30,

17 1999 only if specifically authorized by subsequent legisla18 tion enacted by April 1, 1998.

19 INSTITUTE OF MUSEUM AND LIBRARY SERVICES

20 For carrying out subtitle B of the Museum and Li21 brary Services Act, $146,369,000, of which $15,455,000

22 shall be for national leadership grants, notwithstanding

23 section 221(a)(1)(B).
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1 DEPARTMENTAL MANAGEMENT

2 PROGRAM ADMINISTRATION

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

7 $338,964,000.

8 OFFICE FOR CIVIL RIGHTS

9 For expenses necessary for the Office for Civil

10 Rights, as authorized by section 203 of the Department

11 of Education Organization Act, $57,522,000.

12 OFFICE OF THE INSPECTOR GENERAL

13 For expenses necessary for the Office of the Inspector

14 General, as authorized by section 212 of the Department

15 of Education Organization Act, $32,000,000.

16 GENERAL PROVISIONS

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

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

19 the purchase of equipment for such transportation) in

20 order to overcome racial imbalance in any school or school

21 system, or for the transportation of students or teachers

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

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

24 school or school system.

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

26 shall be used to require, directly or indirectly, the trans-
61

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1 portation of any student to a school other than the school

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

3 requiring special education, to the school offering such

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

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

6 an indirect requirement of transportation of students in7 cludes the transportation of students to carry out a plan

8 involving the reorganization of the grade structure of

9 schools, the pairing of schools, or the clustering of schools,

10 or any combination of grade restructuring, pairing or clus11 tering. The prohibition described in this section does not

12 include the establishment of magnet schools.

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

14 be used to prevent the implementation of programs of vol15 untary prayer and meditation in the public schools.

16 (TRANSFER OF FUNDS)

17 SEC. 304. Not to exceed 1 percent of any discre18 tionary funds (pursuant to the Balanced Budget and

19 Emergency Deficit Control Act, as amended) which are

20 appropriated for the Department of Education may be

21 transferred between appropriations, but no such appro22 priation shall be increased by more than 3 percent by any

23 such transfer: Provided, That the Appropriations Commit24 tees of both Houses of Congress are notified at least fif25 teen days in advance of any transfer.
62

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1 This title may be cited as the ‘‘Department of Edu2 cation Appropriations Act, 1998’’.

3 TITLE IV—RELATED AGENCIES

4 ARMED FORCES RETIREMENT HOME

5 For expenses necessary for the Armed Forces Retire6 ment Home to operate and maintain the United States

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

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

9 Forces Retirement Home Trust Fund, $65,452,000, of

10 which $10,000,000 shall remain available until expended

11 for construction and renovation of the physical plants at

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

13 United States Naval Home.

14 CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

15 DOMESTIC VOLUNTEER SERVICE PROGRAMS, OPERATING

16 EXPENSES

17 For expenses necessary for the Corporation for Na18 tional and Community Service to carry out the provisions

19 of the Domestic Volunteer Service Act of 1973, as amend20 ed, $232,604,000.

21 CORPORATION FOR PUBLIC BROADCASTING

22 For payment to the Corporation for Public Broad23 casting, as authorized by the Communications Act of

24 1934, an amount which shall be available within limita25 tions specified by that Act, for the fiscal year 2000,
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1 $300,000,000: Provided, That no funds made available to

2 the Corporation for Public Broadcasting by this Act shall

3 be used to pay for receptions, parties, or similar forms

4 of entertainment for Government officials or employees:

5 Provided further, That none of the funds contained in this

6 paragraph shall be available or used to aid or support any

7 program or activity from which any person is excluded,

8 or is denied benefits, or is discriminated against, on the

9 basis of race, color, national origin, religion, or sex.

10 FEDERAL MEDIATION AND CONCILIATION SERVICE

11 SALARIES AND EXPENSES

12 For expenses necessary for the Federal Mediation

13 and Conciliation Service to carry out the functions vested

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

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

16 motor vehicles; and for expenses necessary for the Labor17 Management Cooperation Act of 1978 (29 U.S.C. 175a);

18 and for expenses necessary for the Service to carry out

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

20 Public Law 95-454 (5 U.S.C. chapter 71), $33,481,000,

21 including $1,500,000, to remain available through Sep22 tember 30, 1999, for activities authorized by the Labor23 Management Cooperation Act of 1978 (29 U.S.C. 175a):

24 Provided, That notwithstanding 31 U.S.C. 3302, fees

25 charged, up to full-cost recovery, for special training ac-
64

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1 tivities and for arbitration services shall be credited to and

2 merged with this account, and shall remain available until

3 expended: Provided further, That fees for arbitration serv4 ices shall be available only for education, training, and

5 professional development of the agency workforce: Pro6 vided further, That the Director of the Service is author7 ized to accept on behalf of the United States gifts of serv8 ices and real, personal, or other property in the aid of any

9 projects or functions within the Director’s jurisdiction.

10 FEDERAL MINE SAFETY AND HEALTH REVIEW

11 COMMISSION

12 SALARIES AND EXPENSES

13 For expenses necessary for the Federal Mine Safety

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

15 $6,060,000.

16 NATIONAL COMMISSION ON LIBRARIES AND

17 INFORMATION SCIENCE

18 SALARIES AND EXPENSES

19 For necessary expenses for the National Commission

20 on Libraries and Information Science, established by the

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

22 by Public Law 102–95), $1,000,000.
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1 NATIONAL COUNCIL ON DISABILITY

2 SALARIES AND EXPENSES

3 For expenses necessary for the National Council on

4 Disability as authorized by title IV of the Rehabilitation

5 Act of 1973, as amended, $1,793,000.

6 NATIONAL EDUCATION GOALS PANEL

7 For expenses necessary for the National Education

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

9 2000: Educate America Act, $2,000,000.

10 NATIONAL LABOR RELATIONS BOARD

11 SALARIES AND EXPENSES

12 For expenses necessary for the National Labor Rela13 tions Board to carry out the functions vested in it by the

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

15 U.S.C. 141–167), and other laws, $174,661,000: Pro16 vided, That no part of this appropriation shall be available

17 to organize or assist in organizing agricultural laborers or

18 used in connection with investigations, hearings, direc19 tives, or orders concerning bargaining units composed of

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

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

22 by the Labor-Management Relations Act, 1947, as amend23 ed, and as defined in section 3(f) of the Act of June 25,

24 1938 (29 U.S.C. 203), and including in said definition em25 ployees engaged in the maintenance and operation of
66

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1 ditches, canals, reservoirs, and waterways when main2 tained or operated on a mutual, nonprofit basis and at

3 least 95 per centum of the water stored or supplied there4 by is used for farming purposes: Provided further, That

5 none of the funds made available by this Act shall be used

6 in any way to promulgate a final rule (altering 29 CFR

7 part 103) regarding single location bargaining units in

8 representation cases.

9 NATIONAL MEDIATION BOARD

10 SALARIES AND EXPENSES

11 For expenses necessary to carry out the provisions

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

13 188), including emergency boards appointed by the Presi14 dent, $8,600,000: Provided, That unobligated balances at

15 the end of fiscal year 1998 not needed for emergency

16 boards shall remain available for other statutory purposes

17 through September 30, 1999.

18 OCCUPATIONAL SAFETY AND HEALTH REVIEW

19 COMMISSION

20 SALARIES AND EXPENSES

21 For expenses necessary for the Occupational Safety

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

23 $7,800,000.
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1 PHYSICIAN PAYMENT REVIEW COMMISSION

2 SALARIES AND EXPENSES

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

4 of the Social Security Act, $3,258,000, to be transferred

5 to this appropriation from the Federal Supplementary

6 Medical Insurance Trust Fund.

7 PROSPECTIVE PAYMENT ASSESSMENT COMMISSION

8 SALARIES AND EXPENSES

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

10 of the Social Security Act, $3,257,000, to be transferred

11 to this appropriation from the Federal Hospital Insurance

12 and the Federal Supplementary Medical Insurance Trust

13 Funds.

14 RAILROAD RETIREMENT BOARD

15 DUAL BENEFITS PAYMENTS ACCOUNT

16 For payment to the Dual Benefits Payments Ac17 count, authorized under section 15(d) of the Railroad Re18 tirement Act of 1974, $206,000,000, which shall include

19 amounts becoming available in fiscal year 1998 pursuant

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

22 provided herein, shall be available proportional to the

23 amount by which the product of recipients and the average

24 benefit received exceeds $206,000,000: Provided, That the

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

2 in the fiscal year.

3 FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT

4 ACCOUNTS

5 For payment to the accounts established in the

6 Treasury for the payment of benefits under the Railroad

7 Retirement Act for interest earned on unnegotiated

8 checks, $50,000, to remain available through September

9 30, 1999, which shall be the maximum amount available

10 for payment pursuant to section 417 of Public Law 98–

11 76.

12 LIMITATION ON ADMINISTRATION

13 For necessary expenses for the Railroad Retirement

14 Board for administration of the Railroad Retirement Act

15 and the Railroad Unemployment Insurance Act,

16 $87,728,000, to be derived in such amounts as determined

17 by the Board from the railroad retirement accounts and

18 from moneys credited to the railroad unemployment insur19 ance administration fund.

20 LIMITATION ON THE OFFICE OF INSPECTOR GENERAL

21 For expenses necessary for the Office of Inspector

22 General for audit, investigatory and review activities, as

23 authorized by the Inspector General Act of 1978, as

24 amended, not more than $5,394,000, to be derived from

25 the railroad retirement accounts and railroad unemploy26 ment insurance account.
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1 SOCIAL SECURITY ADMINISTRATION

2 PAYMENTS TO SOCIAL SECURITY TRUST FUNDS

3 For payment to the Federal Old-Age and Survivors

4 Insurance and the Federal Disability Insurance trust

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

6 1131(b)(2) of the Social Security Act, $20,308,000.

7 SPECIAL BENEFITS FOR DISABLED COAL MINERS

8 For carrying out title IV of the Federal Mine Safety

9 and Health Act of 1977, $426,090,000, to remain avail10 able until expended.

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

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

15 be necessary.

16 For making benefit payments under title IV of the

17 Federal Mine Safety and Health Act 1977 for the first

18 quarter of fiscal year 1999, $160,000,000, to remain

19 available until expended.

20 SUPPLEMENTAL SECURITY INCOME PROGRAM

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

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

24 Public Law 95–216, including payment to the Social Secu25 rity trust funds for administrative expenses incurred pur26 suant to section 201(g)(1) of the Social Security Act,
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1 $16,160,300,000, to remain available until expended: Pro2 vided, That any portion of the funds provided to a State

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

4 during that year shall be returned to the Treasury.

5 From funds provided under the previous paragraph,

6 not less than $100,000,000 shall be available for payment

7 to the Social Security trust funds for administrative ex8 penses for conducting continuing disability reviews.

9 In addition, $175,000,000, to remain available until

10 September 30, 1999, for payment to the Social Security

11 trust funds for administrative expenses for continuing dis12 ability reviews as authorized by section 103 of Public Law

13 104–121 and Supplemental Security Income administra14 tive work as authorized by Public Law 104–193. The term

15 ‘‘continuing disability reviews’’ means reviews and redeter16 minations as defined under section 201(g)(1)(A) of the

17 Social Security Act, as amended, and reviews and redeter18 minations authorized under section 211 of Public Law

19 104–193.

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

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

23 current fiscal year, such sums as may be necessary.
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1 For making benefit payments under title XVI of the

2 Social Security Act for the first quarter of fiscal year

3 1999, $8,680,000,000, to remain available until expended.

4 LIMITATION ON ADMINISTRATIVE EXPENSES

5 For necessary expenses, including the hire of two pas6 senger motor vehicles, and not to exceed $10,000 for offi7 cial reception and representation expenses, not more than

8 $5,937,708,000 may be expended, as authorized by sec9 tion 201(g)(1) of the Social Security Act, from any one

10 or all of the trust funds referred to therein: Provided, That

11 not less than $1,268,000 shall be for the Social Security

12 Advisory Board: Provided further, That unobligated bal13 ances at the end of fiscal year 1998 not needed for fiscal

14 year 1998 shall remain available until expended for a

15 state-of-the-art computing network, including related

16 equipment and non-payroll administrative expenses associ17 ated solely with this network.

18 From funds provided under the previous paragraph,

19 not less than $200,000,000 shall be available for conduct20 ing continuing disability reviews.

21 In addition to funding already available under this

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

23 $245,000,000, to remain available until September 30,

24 1999, for continuing disability reviews as authorized by

25 section 103 of Public Law 104–121 and Supplemental Se26 curity Income administrative work as authorized by Public
72

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1 Law 104–193. The term ‘‘continuing disability reviews’’

2 means reviews and redeterminations as defined under sec3 tion 201(g)(1)(A) of the Social Security Act as amended,

4 and reviews and redeterminations authorized under sec5 tion 211 of Public Law 104–193.

6 In addition to funding already available under this

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

8 $200,000,000, which shall remain available until ex9 pended, to invest in a state-of-the-art computing network,

10 including related equipment and non-payroll administra11 tive expenses associated solely with this network, for the

12 Social Security Administration and the State Disability

13 Determination Services, may be expended from any or all

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

15 the Social Security Act.

16 In addition, $35,000,000 to be derived from adminis17 tration fees in excess of $5.00 per supplementary payment

18 collected pursuant to section 1616(d) of the Social Secu19 rity Act or section 212(b)(3) of Public Law 93–66, which

20 shall remain available until expended. To the extent that

21 the amounts collected pursuant to such section 1616(d)

22 or 212(b)(3) in fiscal year 1998 exceed $35,000,000, the

23 amounts shall be available in fiscal year 1999 only to the

24 extent provided in advance in appropriations Acts.
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1 OFFICE OF INSPECTOR GENERAL

2 (INCLUDING TRANSFER OF FUNDS)

3 For expenses necessary for the Office of Inspector

4 General in carrying out the provisions of the Inspector

5 General Act of 1978, as amended, $6,265,000, together

6 with not to exceed $31,089,000, to be transferred and ex7 pended as authorized by section 201(g)(1) of the Social

8 Security Act from the Federal Old-Age and Survivors In9 surance Trust Fund and the Federal Disability Insurance

10 Trust Fund.

11 In addition, an amount not to exceed 3 percent of

12 the total provided in this appropriation may be transferred

13 from the ‘‘Limitation on Administrative Expenses’’, Social

14 Security Administration, to be merged with this account,

15 to be available for the time and purposes for which this

16 account is available: Provided, That notice of such trans17 fers shall be transmitted promptly to the Committees on

18 Appropriations of the House and Senate.

19 UNITED STATES INSTITUTE OF PEACE

20 OPERATING EXPENSES

21 For necessary expenses of the United States Institute

22 of Peace as authorized in the United States Institute of

23 Peace Act, $11,160,000.

24 TITLE V—GENERAL PROVISIONS

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

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

2 corresponding to current appropriations provided in this

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

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

5 which they were originally appropriated.

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

7 this Act shall remain available for obligation beyond the

8 current fiscal year unless expressly so provided herein.

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

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

12 propaganda purposes, for the preparation, distribution, or

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

15 legislation pending before the Congress or any State legis16 lature, except in presentation to the Congress or any State

17 legislature itself.

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

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

20 grant or contract recipient, or agent acting for such recipi21 ent, related to any activity designed to influence legislation

22 or appropriations pending before the Congress or any

23 State legislature.

24 SEC. 504. The Secretaries of Labor and Education

25 are each authorized to make available not to exceed
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1 $15,000 from funds available for salaries and expenses

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

3 and representation expenses; the Director of the Federal

4 Mediation and Conciliation Service is authorized to make

5 available for official reception and representation expenses

6 not to exceed $2,500 from the funds available for ‘‘Sala7 ries and expenses, Federal Mediation and Conciliation

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

9 Board is authorized to make available for official reception

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

11 funds available for ‘‘Salaries and expenses, National Medi12 ation Board’’.

13 SEC. 505. Notwithstanding any other provision of

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

15 used to carry out any program of distributing sterile nee16 dles for the hypodermic injection of any illegal drug unless

17 the Secretary of Health and Human Services determines

18 that such programs are effective in preventing the spread

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

20 SEC. 506. (a) Purchase of American-Made Equip21 ment and Products.—It is the sense of the Congress that,

22 to the greatest extent practicable, all equipment and prod23 ucts purchased with funds made available in this Act

24 should be American-made.
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1 (b) NOTICE REQUIREMENT.—In providing financial

2 assistance to, or entering into any contract with, any en3 tity using funds made available in this Act, the head of

4 each Federal agency, to the greatest extent practicable,

5 shall provide to such entity a notice describing the state6 ment made in subsection (a) by the Congress.

7 (c) PROHIBITION OF CONTRACTS WITH PERSONS

8 FALSELY LABELING PRODUCTS AS MADE IN AMERICA.—

9 If it has been finally determined by a court or Federal

10 agency that any person intentionally affixed a label bear11 ing a ‘‘Made in America’’ inscription, or any inscription

12 with the same meaning, to any product sold in or shipped

13 to the United States that is not made in the United

14 States, the person shall be ineligible to receive any con15 tract or subcontract made with funds made available in

16 this Act, pursuant to the debarment, suspension, and ineli17 gibility procedures described in sections 9.400 through

18 9.409 of title 48, Code of Federal Regulations.

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

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

22 in part with Federal money, all grantees receiving Federal

23 funds included in this Act, including but not limited to

24 State and local governments and recipients of Federal re25 search grants, shall clearly state (1) the percentage of the
77

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1 total costs of the program or project which will be financed

2 with Federal money, (2) the dollar amount of Federal

3 funds for the project or program, and (3) percentage and

4 dollar amount of the total costs of the project or program

5 that will be financed by nongovernmental sources.

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

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

8 made known to the Federal entity or official to which

9 funds are appropriated under this Act that such procedure

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

12 SEC. 509. Notwithstanding any other provision of

13 law—

14 (1) no amount may be transferred from an ap15 propriation account for the Departments of Labor,

16 Health and Human Services, and Education except

17 as authorized in this or any subsequent appropria18 tion Act, or in the Act establishing the program or

19 activity for which funds are contained in this Act;

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

21 other than the one responsible for administering the

22 program or activity for which an appropriation is

23 made in this Act, may exercise authority for the tim24 ing of the obligation and expenditure of such appro25 priation, or for the purpose for which it is obligated
78

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1 and expended, except to the extent and in the man2 ner otherwise provided in sections 1512 and 1513 of

3 title 31, United States Code; and

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

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

6 employee who is reassigned on a temporary detail

7 basis to another position in the employing agency or

8 department or in any other agency or department,

9 unless the detail is independently approved by the

10 head of the employing department or agency.

11 SEC. 510. None of the funds made available in this

12 Act may be used to enforce the requirements of section

13 428(b)(1)(U)(iii) of the Higher Education Act of 1965

14 with respect to any lender when it is made known to the

15 Federal official having authority to obligate or expend

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

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

18 $5,000,000.

19 SEC. 511. (a) None of the funds made available in

20 this Act may be used for—

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

22 for research purposes; or

23 (2) research in which a human embryo or em24 bryos are destroyed, discarded, or knowingly sub25 jected to risk of injury or death greater than that
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1 allowed for research on fetuses in utero under 45

2 CFR 46.208(a)(2) and section 498(b) of the Public

3 Health Service Act (42 U.S.C. 289g(b)).

4 (b) For purposes of this section, the term ‘‘human

5 embryo or embryos’’ include any organism, not protected

6 as a human subject under 45 CFR 46 as of the date of

7 the enactment of this Act, that is derived by fertilization,

8 parthenogenesis, cloning, or any other means from one or

9 more human gametes or human diploid cells.

10 SEC. 512. (a) LIMITATION ON USE OF FUNDS FOR

11 PROMOTION OF LEGALIZATION OF CONTROLLED SUB12 STANCES.—None of the funds made available in this Act

13 may be used for any activity when it is made known to

14 the Federal official having authority to obligate or expend

15 such funds that the activity promotes the legalization of

16 any drug or other substance included in schedule I of the

17 schedules of controlled substances established by section

18 202 of the Controlled Substances Act (21 U.S.C. 812).

19 (b) EXCEPTIONS.—The limitation in subsection (a)

20 shall not apply when it is made known to the Federal offi21 cial having authority to obligate or expend such funds that

22 there is significant medical evidence of a therapeutic ad23 vantage to the use of such drug or other substance or that

24 Federally-sponsored clinical trials are being conducted to

25 determine therapeutic advantage.
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1 SEC. 513. None of the funds made available in this

2 Act may be obligated or expended to enter into or renew

3 a contract with an entity when it is made known to the

4 Federal official having authority to obligate or expend

5 such funds that—

6 (1) such entity is otherwise a contractor with

7 the United States and is subject to the requirement

8 in section 4212(d) of title 38, United States Code,

9 regarding submission of an annual report to the Sec10 retary of Labor concerning employment of certain

11 veterans; and

12 (2) such entity has not submitted a report as

13 required by that section for the most recent year for

14 which such requirement was applicable to such en15 tity.

16 SEC. 514. (a) FEES FOR FEDERAL ADMINISTRATION

17 OF STATE SUPPLEMENTARY SSI PAYMENTS.—

18 (1) OPTIONAL STATE SUPPLEMENTARY PAY19 MENTS.—

20 (A) IN GENERAL.—Section 1616(d)(2)(B)

21 of the Social Security Act (42 U.S.C.

22 1382e(d)(2)(B)) is amended—

23 (i) by striking ‘‘and’’ at the end of

24 clause (iii); and
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1 (ii) by striking clause (iv) and insert2 ing the following:

3 ‘‘(iv) for fiscal year 1997, $5.00;

4 ‘‘(v) for fiscal year 1998, $6.20;

5 ‘‘(vi) for fiscal year 1999, $7.60;

6 ‘‘(vii) for fiscal year 2000, $7.80;

7 ‘‘(viii) for fiscal year 2001, $8.10;

8 ‘‘(ix) for fiscal year 2002, $8.50; and

9 ‘‘(x) for fiscal year 2003 and each succeeding

10 fiscal year—

11 ‘‘(I) the applicable rate in the preceding

12 fiscal year, increased by the percentage, if any,

13 by which the Consumer Price Index for the

14 month of June of the calendar year of the in15 crease exceeds the Consumer Price Index for

16 the month of June of the calendar year preced17 ing the calendar year of the increase, and

18 rounded to the nearest whole cent; or

19 ‘‘(II) such different rate as the Commis20 sioner determines is appropriate for the State.’’.

21 (B) CONFORMING AMENDMENT.—Section

22 1616(d)(2)(C) of such Act (42 U.S.C.

23 1382e(d)(2)(C)) is amended by striking

24 ‘‘(B)(iv)’’ and inserting ‘‘(B)(x)(II)’’.
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1 (2) MANDATORY STATE SUPPLEMENTARY PAY2 MENTS.—

3 (A) IN GENERAL.—Section

4 212(b)(3)(B)(ii) of Public Law 93–66 (42

5 U.S.C. 1382 note) is amended—

6 (i) by striking ‘‘and’’ at the end of

7 subclause (III); and

8 (ii) by striking subclause (IV) and in9 serting the following:

10 ‘‘(IV) for fiscal year 1997, $5.00;

11 ‘‘(V) for fiscal year 1998, $6.20;

12 ‘‘(VI) for fiscal year 1999, $7.60;

13 ‘‘(VII) for fiscal year 2000, $7.80;

14 ‘‘(VIII) for fiscal year 2001, $8.10;

15 ‘‘(IX) for fiscal year 2002, $8.50; and

16 ‘‘(X) for fiscal year 2003 and each succeeding

17 fiscal year—

18 ‘‘(aa) the applicable rate in the preceding

19 fiscal year, increased by the percentage, if any,

20 by which the Consumer Price Index for the

21 month of June of the calendar year of the in22 crease exceeds the Consumer Price Index for

23 the month of June of the calendar year preced24 ing the calendar year of the increase, and

25 rounded to the nearest whole cent; or
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1 ‘‘(bb) such different rate as the Commis2 sioner determines is appropriate for the State.’’.

3 (B) CONFORMING AMENDMENT.—Section

4 212(b)(3)(B)(iii) of such Act (42 U.S.C. 1382

5 note) is amended by striking ‘‘(ii)(IV)’’ and in6 serting ‘‘(ii)(X)(bb)’’.

7 (b) USE OF NEW FEES TO DEFRAY THE SOCIAL SE8 CURITY ADMINISTRATION’S ADMINISTRATIVE EX9 PENSES.—

10 (1) CREDIT TO SPECIAL FUND FOR FISCAL

11 YEAR 1998 AND SUBSEQUENT YEARS.—

12 (A) OPTIONAL STATE SUPPLEMENTARY

13 PAYMENT FEES.—Section 1616(d)(4) of the So14 cial Security Act (42 U.S.C. 1382e(d)(4)) is

15 amended to read as follows:

16 ‘‘(4)(A) The first $5 of each administration fee as17 sessed pursuant to paragraph (2), upon collection, shall

18 be deposited in the general fund of the Treasury of the

19 United States as miscellaneous receipts.

20 ‘‘(B) That portion of each administration fee in ex21 cess of $5, and 100 percent of each additional services

22 fee charged pursuant to paragraph (3), upon collection for

23 fiscal year 1998 and each subsequent fiscal year, shall be

24 credited to a special fund established in the Treasury of

25 the United States for State supplementary payment fees.
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1 The amounts so credited, to the extent and in the amounts

2 provided in advance in appropriations Acts, shall be avail3 able to defray expenses incurred in carrying out this title

4 and related laws.’’.

5 (B) MANDATORY STATE SUPPLEMENTARY

6 PAYMENT FEES.—Section 212(b)(3)(D) of Pub7 lic Law 93–66 (42 U.S.C. 1382 note) is amend8 ed to read as follows:

9 ‘‘(D)(i) The first $5 of each administration fee as10 sessed pursuant to subparagraph (B), upon collection,

11 shall be deposited in the general fund of the Treasury of

12 the United States as miscellaneous receipts.

13 ‘‘(ii) The portion of each administration fee in excess

14 of $5, and 100 percent of each additional services fee

15 charged pursuant to subparagraph (C), upon collection for

16 fiscal year 1998 and each subsequent fiscal year, shall be

17 credited to a special fund established in the Treasury of

18 the United States for State supplementary payment fees.

19 The amounts so credited, to the extent and in the amounts

20 provided in advance in appropriations Acts, shall be avail21 able to defray expenses incurred in carrying out this sec22 tion and title XVI of the Social Security Act and related

23 laws.’’.

24 (2) LIMITATIONS ON AUTHORIZATION OF AP25 PROPRIATIONS.—From amounts credited pursuant
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1 to section 1616(d)(4)(B) of the Social Security Act

2 and section 212(b)(3)(D)(ii) of Public Law 93–66 to

3 the special fund established in the Treasury of the

4 United States for State supplementary payment

5 fees, there is authorized to be appropriated an

6 amount not to exceed $35,000,000 for fiscal year

7 1998, and such sums as may be necessary for each

8 fiscal year thereafter, for administrative expenses in

9 carrying out the supplemental security income pro10 gram under title XVI of the Social Security Act and

11 related laws.

12 SEC. 515. Section 520(c)(2)(D) of Departments of

13 Labor, Health and Human Services, and Education, and

14 Related Agencies Appropriations Act, 1997, is amended

15 by striking ‘‘September 30, 1997’’ and inserting in lieu

16 thereof ‘‘December 31, 1997’’.

17 SEC. 516. Of the budgetary resources available to

18 agencies funded in this Act for salaries and expenses dur19 ing fiscal year 1998, $30,500,000, to be allocated by the

20 Office of Management and Budget, are permanently can21 celed: Provided further, That this provision shall not apply

22 to the Food and Drug Administration and the Indian

23 Health Service.
86

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

2 Health and Human Services, and Education, and Related

3 Agencies Appropriations Act, 1998’’.