Calendar No. 589

104TH CONGRESS

2D SESSION H.R. 3755

[Report No. 104–368]

AN ACT

Making appropriations for the Departments of

poses.ending September 30, 1997, and for other purcation, and related agencies, for the fiscal yearLabor, Health and Human Services, and EduJULY 12, 1996

Received; read twice and referred to the Committee on

Appropriations

SEPTEMBER 12, 1996

Reported with amendments
II

Calendar No. 589

104TH CONGRESS

2D SESSION H.R. 3755

[Report No. 104–368]

IN THE SENATE OF THE UNITED STATES

JULY 12, 1996

Received; read twice and referred to the Committee on Appropriations

SEPTEMBER 12, 1996

Reported by Mr. SPECTER, with amendments

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

AN ACT

Making appropriations for the Departments of Labor, Health

and Human Services, and Education, and related agencies, for the fiscal year ending September 30, 1997,

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

6 Education, and related agencies for the fiscal year ending

7 September 30, 1997, and for other purposes, namely:
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1 TITLE I—DEPARTMENT OF LABOR

2 EMPLOYMENT AND TRAINING ADMINISTRATION

3 TRAINING AND EMPLOYMENT SERVICES

4 For expenses necessary to carry into effect the Job

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

9 as authorized by the Job Training Partnership Act; the

10 Women in Apprenticeship and Nontraditional Occupations

11 Act; the National Skill Standards Act of 1994; and the

12 School-to-Work Opportunities Act; $4,171,482,000 (re13 duced by $5,000,000) $4,202,739,000 plus reimburse14 ments, of which $3,297,011,000 (reduced by $5,000,000)

15 $3,323,268,000 is available for obligation for the period

16 July 1, 1997 through June 30, 1998; of which

17 $73,861,000 is available for the period July 1, 1997

18 through June 30, 2000 for necessary expenses of construc19 tion, rehabilitation, and acquisition of Job Corps centers;

20 and of which $175,000,000 $180,000,000 shall be available

21 from July 1, 1997 through September 30, 1998, for carry22 ing out activities of the School-to-Work Opportunities Act:

23 Provided, That $50,000,000 $52,502,000 shall be for car24 rying out section 401 of the Job Training Partnership Act,

25 $65,000,000 $70,285,000 shall be for carrying out section
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1 402 of such Act, $7,300,000 shall be for carrying out sec2 tion 441 of such Act, $2,530,000 $8,000,000 shall be for

3 all activities conducted by and through the National Occu4 pational Information Coordinating Committee under such

5 Act, $850,000,000 (reduced by $5,000,000) $845,000,000

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

7 $126,672,000 shall be for carrying out title II, part C of

8 such Act: Provided further, That no funds from any other

9 appropriation shall be used to provide meal services at or

10 for Job Corps centers: Provided further, That funds pro11 vided to carry out title III of the Job Training Partnership

12 Act shall not be subject to the limitation contained in sub13 section (b) of section 315 of such Act; that the waiver

14 allowing a reduction in the cost limitation relating to re15 training services described in subsection (a)(2) of such

16 section 315 may be granted with respect to funds from

17 this Act if a substate grantee demonstrates to the Gov18 ernor that such waiver is appropriate due to the availabil19 ity of low-cost retraining services, is necessary to facilitate

20 the provision of needs-related payments to accompany

21 long-term training, or is necessary to facilitate the provi22 sion of appropriate basic readjustment services; and that

23 funds provided to carry out the Secretary’s discretionary

24 grants under part B of such title III may be used to pro25 vide needs-related payments to participants who, in lieu
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1 of meeting the requirements relating to enrollment in

2 training under section 314(e) of such Act, are enrolled in

3 training by the end of the sixth week after grant funds

4 have been awarded: Provided further, That service delivery

5 areas may transfer funding provided herein under author6 ity of titles II–B and II–C of the Job Training Partner7 ship Act between the programs authorized by those titles

8 of that Act, if such transfer is approved by the Governor:

9 Provided further, That service delivery areas and substate

10 areas may transfer up to 50 percent of the funding pro11 vided herein under authority of title II–A and title III of

12 the Job Training Partnership Act between the programs

13 authorized by those titles of the Act, if such transfer is

14 approved by the Governor: Provided further, That, not15 withstanding any other provision of law, any proceeds

16 from the sale of Job Corps center facilities shall be re17 tained by the Secretary of Labor to carry out the Job

18 Corps program: Provided further, That notwithstanding

19 any other provision of law, the Secretary of Labor may

20 waive any of the statutory or regulatory requirements of

21 titles I–III of the Job Training Partnership Act (except for

22 requirements relating to wage and labor standards, griev23 ance procedures and judicial review, nondiscrimination al24 lotment of funds, and eligibility), and any of the statutory

25 or regulatory requirements of sections 8–10 of the Wagner-
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1 Peyser Act (except for requirements relating to the provision

2 of services to unemployment insurance claimants and veter3 ans, and to universal access to basic labor exchange services

4 without cost to job seekers), for funds available for expendi5 ture in program year 1997 and thereafter, pursuant to a

6 request submitted by a State, if the Secretary determines

7 that such requirements impede the ability of the State to

8 implement a plan to improve the workforce development

9 system and the State has executed a Memorandum of Un10 derstanding with the Secretary requiring such State to meet

11 agreed upon outcomes and implement other appropriate

12 measures to ensure accountability: Provided further, That

13 the Secretary of Labor shall establish a workforce flexibility

14 (work-flex) partnership demonstration program under

15 which the Secretary shall authorize not more than six

16 States, of which at least three States shall each have popu17 lations not in excess of 3,500,000, with a preference given

18 to those States that have been designated Ed-Flex Partner19 ship States under section 311(e) of Public Law 103–227,

20 to waive any statutory or regulatory requirement applica21 ble to service delivery areas or substate areas within the

22 State under titles I–III of the Job Training Partnership

23 Act (except for requirements relating to wage and labor

24 standards, grievance procedures and judicial review, non25 discrimination, allotment of funds, and eligibility), and
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1 any of the statutory or regulatory requirements of sections

2 8–10 of the Wagner-Peyser Act (except for requirements re3 lating to the provision of services to unemployment insur4 ance claimants and veterans, and to universal access to

5 basic labor exchange services without cost to job seekers),

6 for a duration not to exceed the waiver period authorized

7 under section 311(e) of Public Law 103–227, pursuant to

8 a plan submitted by such States and approved by the Sec9 retary for the provision of workforce employment and train10 ing activities in the States, which includes a description

11 of the process by which service delivery areas and substate

12 areas may apply for and have waivers approved by the

13 State, the requirements of the Wagner-Peyser Act to be

14 waived, the outcomes to be achieved and other measures to

15 be taken to ensure appropriate accountability for federal

16 funds.

17 COMMUNITY SERVICE EMPLOYMENT FOR OLDER

18 AMERICANS

19 (TRANSFER OF FUNDS)

20 To carry out the activities for national grants or con21 tracts with public agencies and public or private nonprofit

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

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

24 or to carry out older worker activities as subsequently au25 thorized, $242,450,000 $279,750,000.
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1 To carry out the activities for grants to States under

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

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

4 worker activities as subsequently authorized,

5 $130,550,000 $93,250,000.

6 The funds appropriated under this heading shall be

7 transferred to the Department of Health and Human

8 Services, ‘‘Aging Services Programs’’ following the enact9 ment of legislation authorizing the administration of the

10 program by that Department: Provided, That the funds

11 shall be available for obligation for the period July 1, 1997

12 through June 30, 1998.

13 FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES

14 For payments during the current fiscal year of trade

15 adjustment benefit payments and allowances under part

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

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

19 of the Trade Act of 1974, as amended, $324,500,000, to20 gether with such amounts as may be necessary to be

21 charged to the subsequent appropriation for payments for

22 any period subsequent to September 15 of the current

23 year.
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1 STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT

2 SERVICE OPERATIONS

3 For authorized administrative expenses,

4 $132,279,000, together with not to exceed

5 $3,096,111,000 (reduced by $3,800,000) (decreased by

6 $2,399,000) $3,099,736,000 (including not to exceed

7 $1,653,000 which may be used for amortization payments

8 to States which had independent retirement plans in their

9 State employment service agencies prior to 1980, and in10 cluding not to exceed $2,000,000 which may be obligated

11 in contracts with non-State entities for activities such as

12 occupational and test research activities which benefit the

13 Federal-State Employment Service System), which may be

14 expended from the Employment Security Administration

15 account in the Unemployment Trust Fund including the

16 cost of administering section 1201 of the Small Business

17 Job Protection Act of 1996, section 7(d) of the Wagner18 Peyser Act, as amended, the Trade Act of 1974, as amended,

19 the Immigration Act of 1990, and the Immigration and Na20 tionality Act, as amended, and of which the sums available

21 in the allocation for activities authorized by title III of

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

23 and the sums available in the allocation for necessary ad24 ministrative expenses for carrying out 5 U.S.C. 8501–

25 8523, shall be available for obligation by the States
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1 through December 31, 1997, except that funds used for

2 automation acquisitions shall be available for obligation by

3 States through September 30, 1999; and of which

4 $132,279,000, together with not to exceed $701,369,000

5 of the amount which may be expended from said trust

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

7 1, 1997 through June 30, 1998, to fund activities under

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

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

10 made available to States in lieu of allotments for such pur11 pose, and of which $260,573,000 $216,333,000 shall be

12 available only to the extent necessary for additional State

13 allocations to administer unemployment compensation

14 laws to finance increases in the number of unemployment

15 insurance claims filed and claims paid or changes in a

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

17 Weekly Insured Unemployment (AWIU) for fiscal year

18 1997 is projected by the Department of Labor to exceed

19 2,828,000 an additional $28,600,000 shall be available for

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

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

22 100,000) from the Employment Security Administration

23 Account of the Unemployment Trust Fund: Provided fur24 ther, That funds appropriated in this Act which are used

25 to establish a national one-stop career center network may
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1 be obligated in contracts, grants or agreements with non2 State entities: Provided further, That funds appropriated

3 under this Act for activities authorized under the Wagner4 Peyser Act, as amended, and title III of the Social Secu5 rity Act, may be used by the States to fund integrated

6 Employment Service and Unemployment Insurance auto7 mation efforts, notwithstanding cost allocation principles

8 prescribed under Office of Management and Budget Cir9 cular A–87.

10 ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND

11 OTHER FUNDS

12 For repayable advances to the Unemployment Trust

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

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

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

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

17 for nonrepayable advances to the Unemployment Trust

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

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

20 section 5 of Public Law 103–6, and to the ‘‘Federal unem21 ployment benefits and allowances’’ account, to remain

22 available until September 30, 1998, $373,000,000.

23 In addition, for making repayable advances to the

24 Black Lung Disability Trust Fund in the current fiscal

25 year after September 15, 1997, for costs incurred by the
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1 Black Lung Disability Trust Fund in the current fiscal

2 year, such sums as may be necessary.

3 PROGRAM ADMINISTRATION

4 For expenses of administering employment and train5 ing programs and for carrying out section 908 of the So6 cial Security Act, $81,393,000, together with not to ex7 ceed $39,977,000, which may be expended from the Em8 ployment Security Administration account in the Unem9 ployment Trust Fund.

10 PENSION AND WELFARE BENEFITS ADMINISTRATION

11 SALARIES AND EXPENSES

12 For necessary expenses for Pension and Welfare Ben13 efits Administration, $65,783,000 (increased by

14 $300,000, which amount shall be for genetic non15 discrimination enforcement activities) $71,783,000.

16 PENSION BENEFIT GUARANTY CORPORATION

17 PENSION BENEFIT GUARANTY CORPORATION FUND

18 The Pension Benefit Guaranty Corporation is author19 ized to make such expenditures, including financial assist20 ance authorized by section 104 of Public Law 96–364,

21 within limits of funds and borrowing authority available

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

23 such contracts and commitments without regard to fiscal

24 year limitations as provided by section 104 of the Govern25 ment Corporation Control Act, as amended (31 U.S.C.

26 9104), as may be necessary in carrying out the program
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1 through September 30, 1997, for such Corporation:–Pro2 vided, That not to exceed $135,720,000 shall be available

3 for administrative expenses of the Corporation: Provided,

4 That not to exceed $10,345,000 shall be available for admin5 istrative expenses of the Corporation: Provided further,

6 That expenses of such Corporation in connection with the

7 termination of pension plans, for the acquisition, protection

8 or management, and investment of trust assets, and for ben9 efits administration services shall be considered as non-ad10 ministrative expenses for the purposes hereof, and excluded

11 from the above limitation.

12 EMPLOYMENT STANDARDS ADMINISTRATION

13 SALARIES AND EXPENSES

14 For necessary expenses for the Employment Stand15 ards Administration, including reimbursement to State,

16 Federal, and local agencies and their employees for inspec17 tion services rendered, $258,422,000 (increased by

18 $5,000,000 for sweatshop enforcement in the garment in19 dustry) $262,172,000, together with $983,000 which may

20 be expended from the Special Fund in accordance with

21 sections 39(c) and 44(j) of the Longshore and Harbor

22 Workers’ Compensation Act: Provided, That the Secretary

23 of Labor is authorized to accept, retain, and spend, until

24 expended, in the name of the Department of Labor, all

25 sums of money ordered to be paid to the Secretary of
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1 Labor, in accordance with the terms of the Consent Judg2 ment in Civil Action No. 91–0027 of the United States

3 District Court for the District of the Northern Mariana

4 Islands (May 21, 1992): Provided further, That the Sec5 retary of Labor is authorized to establish and, in accord6 ance with 31 U.S.C. 3302, collect and deposit in the

7 Treasury fees for processing applications and issuing cer8 tificates under sections 11(d) and 14 of the Fair Labor

9 Standards Act of 1938, as amended (29 U.S.C. 211(d)

10 and 214) and for processing applications and issuing reg11 istrations under Title I of the Migrant and Seasonal Agri12 cultural Worker Protection Act, 29 U.S.C. 1801 et seq.

13 SPECIAL BENEFITS

14 (INCLUDING TRANSFER OF FUNDS)

15 For the payment of compensation, benefits, and ex16 penses (except administrative expenses) accruing during

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

18 chapter 81 of the United States Code; continuation of ben19 efits as provided for under the head ‘‘Civilian War Bene20 fits’’ in the Federal Security Agency Appropriation Act,

21 1947; the Employees’ Compensation Commission Appro22 priation Act, 1944; and sections 4(c) and 5(f) of the War

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

24 centum of the additional compensation and benefits re25 quired by section 10(h) of the Longshore and Harbor

26 Workers’ Compensation Act, as amended, $213,000,000
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1 together with such amounts as may be necessary to be

2 charged to the subsequent year appropriation for the pay3 ment of compensation and other benefits for any period

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

5 That such sums as are necessary may be used under sec6 tion 8104 of title 5, United States Code, by the Secretary

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

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

9 disabled beneficiary: Provided further, That balances of re10 imbursements unobligated on September 30, 1996, shall

11 remain available until expended for the payment of com12 pensation, benefits, and expenses: Provided further, That

13 in addition there shall be transferred to this appropriation

14 from the Postal Service and from any other corporation

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

16 5, United States Code, to pay an amount for its fair share

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

18 of Labor determines to be the cost of administration for

19 employees of such fair share entities through September

20 30, 1997: Provided further, That of those funds trans21 ferred to this account from the fair share entities to pay

22 the cost of administration, $11,390,000 shall be made

23 available to the Secretary of Labor for expenditures relat24 ing to capital improvements in support of Federal Employ25 ees’ Compensation Act administration, and the balance of
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1 such funds shall be paid into the Treasury as miscellane2 ous receipts: Provided further, That the Secretary may re3 quire that any person filing a notice of injury or a claim

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

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

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

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

8 information (including Social Security account number) as

9 such regulations may prescribe.

10 BLACK LUNG DISABILITY TRUST FUND

11 (INCLUDING TRANSFER OF FUNDS)

12 For payments from the Black Lung Disability Trust

13 Fund, $1,007,644,000, of which $961,665,000 shall be

14 available until September 30, 1998, for payment of all

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

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

17 and interest on advances as authorized by section

18 9501(c)(2) of that Act, and of which $26,071,000 shall

19 be available for transfer to Employment Standards Ad20 ministration, Salaries and Expenses, $19,621,000 for

21 transfer to Departmental Management, Salaries and Ex22 penses, and $287,000 for transfer to Departmental Man23 agement, Office of Inspector General, for expenses of oper24 ation and administration of the Black Lung Benefits pro25 gram as authorized by section 9501(d)(5)(A) of that Act:

26 Provided, That, in addition, such amounts as may be nec-
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1 essary may be charged to the subsequent year appropria2 tion for the payment of compensation, interest, or other

3 benefits for any period subsequent to August 15 of the

4 current year: Provided further, That in addition such

5 amounts shall be paid from this fund into miscellaneous

6 receipts as the Secretary of the Treasury determines to

7 be the administrative expenses of the Department of the

8 Treasury for administering the fund during the current

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

10 Act.

11 OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION

12 SALARIES AND EXPENSES

13 For necessary expenses for the Occupational Safety

14 and Health Administration, $297,734,000 $299,134,000,

15 including not to exceed $66,929,000 which shall be the

16 maximum amount available for grants to States under sec17 tion 23(g) of the Occupational Safety and Health Act,

18 which grants shall be no less than fifty percent of the costs

19 of State occupational safety and health programs required

20 to be incurred under plans approved by the Secretary

21 under section 18 of the Occupational Safety and Health

22 Act of 1970; and, in addition, notwithstanding 31 U.S.C.

23 3302, the Occupational Safety and Health Administration

24 may retain up to $750,000 per fiscal year of training insti25 tute course tuition fees, otherwise authorized by law to
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1 be collected, and may utilize such sums for occupational

2 safety and health training and education grants: Provided,

3 Provided, That, notwithstanding 31 U.S.C. 3302, the Sec4 retary of Labor is authorized, during the fiscal year ending

5 September 30, 1997, to collect and retain fees for services

6 provided to Nationally Recognized Testing Laboratories,

7 and may utilize such sums, in accordance with the provi8 sions of 29 U.S.C. 9a, to administer national and inter9 national laboratory recognition programs that ensure the

10 safety of equipment and products used by workers in the

11 workplace: Provided further, That none of the funds appro12 priated under this paragraph shall be obligated or ex13 pended to prescribe, issue, administer, or enforce any

14 standard, rule, regulation, or order under the Occupa15 tional Safety and Health Act of 1970 which is applicable

16 to any person who is engaged in a farming operation which

17 does not maintain a temporary labor camp and employs

18 ten or fewer employees: Provided further, That no funds

19 appropriated under this paragraph shall be obligated or

20 expended to administer or enforce any standard, rule, reg21 ulation, or order under the Occupational Safety and

22 Health Act of 1970 with respect to any employer of ten

23 or fewer employees who is included within a category hav24 ing an occupational injury lost workday case rate, at the

25 most precise Standard Industrial Classification Code for
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1 which such data are published, less than the national aver2 age rate as such rates are most recently published by the

3 Secretary, acting through the Bureau of Labor Statistics,

4 in accordance with section 24 of that Act (29 U.S.C. 673),

5 except—

6 (1) to provide, as authorized by such Act, con7 sultation, technical assistance, educational and train8 ing services, and to conduct surveys and studies;

9 (2) to conduct an inspection or investigation in

10 response to an employee complaint, to issue a cita11 tion for violations found during such inspection, and

12 to assess a penalty for violations which are not cor13 rected within a reasonable abatement period and for

14 any willful violations found;

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

16 with respect to imminent dangers;

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

18 with respect to health hazards;

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

20 with respect to a report of an employment accident

21 which is fatal to one or more employees or which re22 sults in hospitalization of two or more employees,

23 and to take any action pursuant to such investiga24 tion authorized by such Act; and
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1 (6) to take any action authorized by such Act

2 with respect to complaints of discrimination against

3 employees for exercising rights under such Act:

4 Provided further, That the foregoing proviso shall not

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

6 which does not maintain a temporary labor camp and em7 ploys ten or fewer employees.

8 MINE SAFETY AND HEALTH ADMINISTRATION

9 SALARIES AND EXPENSES

10 For necessary expenses for the Mine Safety and

11 Health Administration, $191,810,000 $195,724,000, in12 cluding purchase and bestowal of certificates and trophies

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

14 hire of passenger motor vehicles; the Secretary is author15 ized to accept lands, buildings, equipment, and other con16 tributions from public and private sources and to pros17 ecute projects in cooperation with other agencies, Federal,

18 State, or private; the Mine Safety and Health Administra19 tion is authorized to promote health and safety education

20 and training in the mining community through cooperative

21 programs with States, industry, and safety associations;

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

23 with the approval of the Secretary, to provide for the costs

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

25 major disaster: Provided, That none of the funds appro-
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1 priated under this paragraph shall be obligated or ex2 pended to carry out section 115 of the Federal Mine Safe3 ty and Health Act of 1977 or to carry out that portion

4 of section 104(g)(1) of such Act relating to the enforce5 ment of any training requirements, with respect to shell

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

7 stone, surface clay, colloidal phosphate, or surface lime8 stone mine.

9 BUREAU OF LABOR STATISTICS

10 SALARIES AND EXPENSES

11 For necessary expenses for the Bureau of Labor Sta12 tistics, including advances or reimbursements to State,

13 Federal, and local agencies and their employees for serv14 ices rendered, $302,947,000 (reduced by $300,000)

15 $299,665,000, of which $16,145,000 shall be for expenses

16 of revising the Consumer Price Index and shall remain

17 available until September 30, 1998, together with not to

18 exceed $52,053,000 $51,665,000, which may be expended

19 from the Employment Security Administration account in

20 the Unemployment Trust Fund.

21 DEPARTMENTAL MANAGEMENT

22 SALARIES AND EXPENSES

23 For necessary expenses for Departmental Manage24 ment, including the hire of three sedans, and including

25 up to $4,271,000 $4,358,000 for the President’s Commit-
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1 tee on Employment of People With Disabilities,

2 $137,504,000 $142,211,000; together with not to exceed

3 $297,000, which may be expended from the Employment

4 Security Administration account in the Unemployment

5 Trust Fund: Provided, That no funds made available by

6 this Act may be used by the Solicitor of Labor to partici7 pate in a review in any United States court of appeals

8 of any decision made by the Benefits Review Board under

9 section 21 of the Longshore and Harbor Workers’ Com10 pensation Act (33 U.S.C. 921) where such participation

11 is precluded by the decision of the United States Supreme

12 Court in Director, Office of Workers’ Compensation Pro13 grams v. Newport News Shipbuilding, 115 S. Ct. 1278

14 (1995): Provided further, That no funds made available by

15 this Act may be used by the Secretary of Labor to review

16 a decision under the Longshore and Harbor Workers’ Com17 pensation Act (33 U.S.C. 901 et seq.) that has been appealed

18 and that has been pending before the Benefits Review Board

19 for more than 12 months: Provided further, That any such

20 decision pending a review by the Benefits Review Board

21 for more than one year shall be considered affirmed by the

22 Benefits Review Board on that date, and shall be considered

23 the final order of the Board for purposes of obtaining a

24 review in the United States courts of appeals: Provided fur25 ther, That these provisions shall not be applicable to the
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1 review of any decision issued under the Black Lung Benefits

2 Act (30 U.S.C. 901 et seq.): Provided further, That

3 $1,000,000 shall be for a Commission on Retirement Income

4 Policy, if authorized.

5 ASSISTANT SECRETARY FOR VETERANS EMPLOYMENT

6 AND TRAINING

7 Not to exceed $178,149,000 (increased by

8 $3,800,000) $174,225,000 may be derived from the Em9 ployment Security Administration account in the Unem10 ployment Trust Fund to carry out the provisions of 38

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

12 103–353, and which shall be available for obligation by

13 the States through December 31, 1997.

14 OFFICE OF INSPECTOR GENERAL

15 For salaries and expenses of the Office of Inspector

16 General in carrying out the provisions of the Inspector

17 General Act of 1978, as amended, $42,938,000, together

18 with not to exceed $3,543,000, which may be expended

19 from the Employment Security Administration account in

20 the Unemployment Trust Fund.

21 GENERAL PROVISIONS

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

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

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

25 as an indirect cost, at a rate in excess of $125,000.
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1 (TRANSFER OF FUNDS)

2 SEC. 102. Not to exceed 1 percent of any discre3 tionary funds (pursuant to the Balanced Budget and

4 Emergency Deficit Control Act, as amended) which are

5 appropriated for the current fiscal year for the Depart6 ment of Labor in this Act may be transferred between ap7 propriations, but no such appropriation shall be increased

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

9 That the Appropriations Committees of both Houses of

10 Congress are notified at least fifteen days in advance of

11 any transfer.

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

13 title IV–B of the Job Training Partnership Act, notwith14 standing section 427(c) of that Act, if a Job Corps center

15 fails to meet national performance standards established

16 by the Secretary.

17 SEC. 104. No funds appropriated or otherwise made

18 available in this title shall be disbursed without the ap19 proval of the Department’s Chief Financial Officer or his

20 delegatee.

21 SEC. 105. (a) GENERAL RULE.—In the administra22 tion and enforcement of the child labor provisions of the

23 Fair Labor Standards Act of 1938, employees who are 16

24 and 17 years of age shall be permitted to load materials,
24

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1 but not operate or unload materials, into scrap paper

2 balers and paper box compactors—

3 (1) that are safe for 16- and 17-year-old em4 ployees loading the scrap paper balers or paper box

5 compactors, and

6 (2) that cannot operate while being loaded.

7 (b) DEFINITION.—For purposes of subsection (a),

8 scrap paper balers and paper box compactors shall be con9 sidered safe for 16- or 17-year-old employees to load only

10 if—

11 (1) such scrap paper balers and paper box com12 pactors are in compliance with the current safety

13 standard established by the American National

14 Standards Institute;

15 (2) such scrap paper balers and paper box com16 pactors include an on-off switch incorporating a

17 keylock or other system and the control of such sys18 tem is maintained in the custody of employees who

19 are 18 years of age or older;

20 (3) the on-off switch of such scrap paper balers

21 and paper box compactors is maintained in an off

22 condition when such scrap paper balers and paper

23 box compactors are not in operation; and

24 (4) the employer of 16- and 17-year-old employ25 ees provides notice, and posts a notice, on such
25

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1 scrap paper balers and paper box compactors stating

2 that—

3 (A) such scrap paper balers and paper box

4 compactors meet the current safety standard

5 established by the American National Stand6 ards Institute;

7 (B) 16- and 17-year-old employees may

8 only load such scrap paper balers and paper

9 box compactors; and

10 (C) any employee under the age of 18 may

11 not operate or unload such scrap paper balers

12 and paper box compactors:

13 Provided, That this section is not to be construed as af14 fecting the exemption for apprentices and student learners

15 published at 29 Code of Federal Regulations 570.63.

16 SEC. 106. None of the funds appropriated in this Act

17 may be obligated or expended by the Department of Labor

18 for the purposes of enforcement and the issuance of fines

19 under Hazardous Occupation Order Number 2 (HO 2)

20 with respect to incidental and occasional driving by minors

21 under age 18, unless the Secretary finds that the oper22 ation of a motor vehicle is the primary duty of the minor’s

23 employment.
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1 SEC. 107. EXEMPTION OF INMATES FROM THE MINIMUM

2 WAGE AND OVERTIME REQUIREMENTS.

3 (a) IN GENERAL.—Section 13(a) of the Fair Labor

4 Standards Act of 1938 (29 U.S.C. 213(a)) is amended—

5 (1) by striking the period at the end of para6 graph (16) and inserting ‘‘; or’’; and

7 (2) by adding at the end thereof the following

8 new paragraph:

9 ‘‘(17) any individual who is an inmate of a penal

10 or other correctional institution, and who participates

11 in a correctional work program that is sanctioned by

12 a Federal or State corrections agency or that is ad13 ministered by a nonprofit organization authorized by

14 State law to conduct a correctional work program on

15 behalf of the State, except that this paragraph shall

16 not apply to a convict or prisoner who participates

17 in a prison work pilot program pursuant to section

18 1761(c) of title 18, United States Code.’’.

19 (b) APPLICATION.—The amendment made by sub20 section (a)(2) shall take effect as if enacted on the date of

21 enactment of the Fair Labor Standards Act of 1938 (29

22 U.S.C. 201 et seq.).

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

24 Appropriations Act, 1997’’.
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1 TITLE II—DEPARTMENT OF HEALTH AND

2 HUMAN SERVICES

3 HEALTH RESOURCES AND SERVICES ADMINISTRATION

4 HEALTH RESOURCES AND SERVICES

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

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

7 427(a) of the Federal Coal Mine Health and Safety Act,

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

9 Quality Improvement Act of 1986, as amended, Public

10 Law 101–527, and the Native Hawaiian Health Care Act

11 of 1988, as amended, $3,082,190,000 $3,213,096,000, of

12 which $297,000 shall remain available until expended for

13 interest subsidies on loan guarantees made prior to fiscal

14 year 1981 under part B of title VII of the Public Health

15 Service Act: Provided, That the Division of Federal Occu16 pational Health may utilize personal services contracting

17 to employ professional management/administrative and oc18 cupational health professionals: Provided further, That of

19 the funds made available under this heading, $2,828,000

20 $828,000 shall be available until expended for facilities

21 renovations at the Gillis W. Long Hansen’s Disease Cen22 ter: Provided further, That in addition to fees authorized

23 by section 427(b) of the Health Care Quality Improvement

24 Act of 1986, fees shall be collected for the full disclosure

25 of information under the Act sufficient to recover the full
28

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1 costs of operating the National Practitioner Data Bank,

2 and shall remain available until expended to carry out that

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

4 available for carrying out the provisions of Public Law

5 104–73: Provided further, That of the funds made avail6 able under this heading, $192,592,000 $198,452,000 shall

7 be for the program under title X of the Public Health

8 Service Act to provide for voluntary family planning

9 projects: Provided further, That amounts provided to said

10 projects under such title shall not be expended for abor11 tions, that all pregnancy counseling shall be nondirective,

12 and that such amounts shall not be expended for any ac13 tivity (including the publication or distribution of lit14 erature) that in any way tends to promote public support

15 or opposition to any legislative proposal or candidate for

16 public office: Provided further, That $75,000,000

17 $117,000,000 shall be for State AIDS Drug Assistance

18 Programs authorized by section 2616 of the Public Health

19 Service Act and shall be distributed to States as author20 ized by section 2618(b)(2) of such Act: Provided further,

21 That notwithstanding any other provision of law, funds

22 made available under this heading may be used to continue

23 operating the Council on Graduate Medical Education es24 tablished by section 301 of Public Law 102–408: Provided

25 further, That, of the funds made available under this head-
29

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1 ing, not more than $8,000,000 shall be made available and

2 shall remain available until expended for loan guarantees

3 for loans made by non-Federal lenders for the construction,

4 renovation, and modernization of medical facilities that are

5 owned and operated by health centers funded under part

6 A of title XVI of the Public Health Service Act as amended,

7 and, subject to authorization, for loans made to health cen8 ters for the costs of developing and operating managed care

9 networks or plans, and that such funds be available to sub10 sidize guarantees of total loan principal in an amount not

11 to exceed $80,000,000.

12 MEDICAL FACILITIES GUARANTEE AND LOAN FUND

13 FEDERAL INTEREST SUBSIDIES FOR MEDICAL FACILITIES

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

15 1602 of the Public Health Service Act, $7,000,000, to16 gether with any amounts received by the Secretary in con17 nection with loans and loan guarantees under title VI of

18 the Public Health Service Act, to be available without fis19 cal year limitation for the payment of interest subsidies.

20 During the fiscal year, no commitments for direct loans

21 or loan guarantees shall be made.

22 HEALTH EDUCATION ASSISTANCE LOANS PROGRAM

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

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

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

26 as amended: Provided, That such costs, including the cost
30

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

2 of the Congressional Budget Act of 1974: Provided fur3 ther, That these funds are available to subsidize gross obli4 gations for the total loan principal any part of which is

5 to be guaranteed at not to exceed $140,000,000. In addi6 tion, for administrative expenses to carry out the guaran7 teed loan program, $2,688,000.

8 VACCINE INJURY COMPENSATION PROGRAM TRUST FUND

9 For payments from the Vaccine Injury Compensation

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

11 claims associated with vaccine-related injury or death with

12 respect to vaccines administered after September 30,

13 1988, pursuant to subtitle 2 of title XXI of the Public

14 Health Service Act, to remain available until expended:

15 Provided, That for necessary administrative expenses, not

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

17 Fund to the Secretary of Health and Human Services.

18 VACCINE INJURY COMPENSATION

19 For payment of claims resolved by the United States

20 Court of Federal Claims related to the administration of

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

22 available until expended.

23 CENTERS FOR DISEASE CONTROL AND PREVENTION

24 DISEASE CONTROL, RESEARCH, AND TRAINING

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

26 XIX of the Public Health Service Act, sections 101, 102,
31

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1 103, 201, 202, and 203 203, 301, and 501 of the Federal

2 Mine Safety and Health Act of 1977, and sections 20, 21

3 and 22 of the Occupational Safety and Health Act of

4 1970, title IV of the Immigration and Nationality Act and

5 section 501 of the Refugee Education Assistance Act of

6 1980; including insurance of official motor vehicles in for7 eign countries; and hire, maintenance, and operation of

8 aircraft, $2,153,376,000 $2,168,948,000, of which

9 $8,353,000 $7,553,000 shall remain available until ex10 pended for equipment and construction and renovation of

11 facilities, and of which $32,000,000 shall remain available

12 until expended for mine safety and health activities, and

13 in addition, such sums as may be derived from authorized

14 user fees, which shall be credited to this account: Provided,

15 That in addition to amounts provided herein, up to

16 $48,400,000 $53,063,000 shall be available from amounts

17 available under section 241 of the Public Health Service

18 Act, to carry out the National Center for Health Statistics

19 surveys: Provided further, That none of the funds made

20 available for injury prevention and control at the Centers

21 for Disease Control and Prevention may be used to advo22 cate or promote gun control: Provided further, That the

23 Director may redirect the total amount made available

24 under authority of Public Law 101–502, section 3, dated

25 November 3, 1990, to activities the Director may so des-
32

HR 3755 RS

1 ignate: Provided further, That the Congress is to be notified

2 promptly of any such transfer: Provided further, That the

3 functions described in clause (1) of the first proviso under

4 the subheading ‘‘MINES AND MINERALS’’ under the heading

5 ‘‘BUREAU OF MINES’’ in the text of title I of the Department

6 of the Interior and Related Agencies Appropriations Act,

7 1996, as enacted by section 101(c) of the Omnibus Consoli8 dated Rescissions and Appropriations Act of 1996 (Public

9 Law 104–134), are hereby transferred to, and vested in, the

10 Secretary of Health and Human Services, subject to section

11 1531 of title 31, United States Code.

12 In addition, $33,642,000 $41,000,000, to be derived

13 from the Violent Crime Reduction Trust Fund, for carry14 ing out sections 40151 and 40261 of Public Law 103–

15 322.

16 NATIONAL INSTITUTES OF HEALTH

17 NATIONAL CANCER INSTITUTE

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

20 $2,385,741,000 $2,102,949,000.

21 NATIONAL HEART, LUNG, AND BLOOD INSTITUTE

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

24 and blood diseases, and blood and blood products,

25 $1,438,265,000 $1,344,742,000.
33

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1 NATIONAL INSTITUTE OF DENTAL RESEARCH

2 For carrying out section 301 and title IV of the Pub3 lic Health Service Act with respect to dental disease,

4 $195,596,000 $177,701,000.

5 NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND

6 KIDNEY DISEASES

7 For carrying out section 301 and title IV of the Pub8 lic Health Service Act with respect to diabetes and diges9 tive and kidney diseases, $819,224,000 $787,473,000.

10 NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS

11 AND STROKE

12 For carrying out section 301 and title IV of the Pub13 lic Health Service Act with respect to neurological dis14 orders and stroke, $725,478,000 $683,721,000.

15 NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS

16 DISEASES

17 For carrying out section 301 and title IV of the Pub18 lic Health Service Act with respect to allergy and infec19 tious diseases, $1,256,149,000 $595,016,000.

20 NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES

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

23 sciences, $1,003,722,000 $953,214,000.
34

HR 3755 RS

1 NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN

2 DEVELOPMENT

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

5 human development, $631,989,000 $554,251,000.

6 NATIONAL EYE INSTITUTE

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

9 visual disorders, $333,131,000 $315,948,000.

10 NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH

11 SCIENCES

12 For carrying out sections 301 and 311 and title IV

13 of the Public Health Service Act with respect to environ14 mental health sciences, $308,258,000 $294,745,000.

15 NATIONAL INSTITUTE ON AGING

16 For carrying out section 301 and title IV of the Pub17 lic Health Service Act with respect to aging, $484,375,000

18 $470,256,000.

19 NATIONAL INSTITUTE OF ARTHRITIS AND

20 MUSCULOSKELETAL AND SKIN DISEASES

21 For carrying out section 301 and title IV of the Pub22 lic Health Service Act with respect to arthritis and mus23 culoskeletal and skin diseases, $257,637,000

24 $247,731,000.
35

HR 3755 RS

1 NATIONAL INSTITUTE ON DEAFNESS AND OTHER

2 COMMUNICATION DISORDERS

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

5 communication disorders, $189,243,000 $182,693,000.

6 NATIONAL INSTITUTE OF NURSING RESEARCH

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

9 $59,715,000 $52,936,000.

10 NATIONAL INSTITUTE ON ALCOHOL ABUSE AND

11 ALCOHOLISM

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

14 alcoholism, $212,079,000 $195,891,000.

15 NATIONAL INSTITUTE ON DRUG ABUSE

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

18 $487,341,000 $317,936,000.

19 NATIONAL INSTITUTE OF MENTAL HEALTH

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

22 $701,247,000 $589,187,000.

23 NATIONAL CENTER FOR RESEARCH RESOURCES

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

26 and general research support grants, $416,523,000
36

HR 3755 RS

1 $324,844,000: Provided, That none of these funds shall be

2 used to pay recipients of the general research support

3 grants program any amount for indirect expenses in con4 nection with such grants: Provided further, That

5 $37,000,000 $10,000,000 shall be for extramural facilities

6 construction grants.

7 NATIONAL CENTER FOR HUMAN GENOME RESEARCH

8 For carrying out section 301 and title IV of the Pub9 lic Health Service Act with respect to human genome re10 search, $189,267,000 $180,807,000.

11 JOHN E. FOGARTY INTERNATIONAL CENTER

12 For carrying out the activities at the John E.

13 Fogarty International Center, $26,707,000 $16,838,000.

14 NATIONAL LIBRARY OF MEDICINE

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

17 communications, $150,093,000 $142,070,000, of which

18 $4,000,000 shall be available until expended for improve19 ment of information systems: Provided, That in fiscal year

20 1997, the Library may enter into personal services con21 tracts for the provision of services in facilities owned, oper22 ated, or constructed under the jurisdiction of the National

23 Institutes of Health.
37

HR 3755 RS

1 OFFICE OF THE DIRECTOR

2 (INCLUDING TRANSFER OF FUNDS)

3 For carrying out the responsibilities of the Office of

4 the Director, National Institutes of Health, $275,423,000

5 $243,319,000: Provided, That funding shall be available for

6 the purchase of not to exceed five passenger motor vehicles

7 for replacement only: Provided further, That the Director

8 may direct up to 1 percent of the total amount made avail9 able in this Act to all National Institutes of Health appro10 priations to activities the Director may so designate: Pro11 vided further, That no such appropriation shall be in12 creased or decreased by more than 1 percent by any such

13 transfers and that the Congress is promptly notified of

14 the transfer: Provided further, That NIH is authorized to

15 collect third party payments for the cost of clinical services

16 that are incurred in National Institutes of Health research

17 facilities and that such payments shall be credited to the

18 National Institutes of Health Management Fund: Pro19 vided further, That all funds credited to the NIH Manage20 ment Fund shall remain available for one fiscal year after

21 the fiscal year in which they are deposited: Provided fur22 ther, That up to $200,000 shall be available to carry out

23 section 499 of the Public Health Service Act.

24 BUILDINGS AND FACILITIES

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

26 equipment for, facilities of or used by the National Insti-
38

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1 tutes of Health, including the acquisition of real property,

2 $200,000,000 $180,000,000, to remain available until ex3 pended, of which $90,000,000 $70,000,000 shall be for the

4 clinical research center: Provided, That, notwithstanding

5 any other provision of law, a single contract or related con6 tracts for the development and construction of the clinical

7 research center may be employed which collectively include

8 the full scope of the project: Provided further, That the

9 solicitation and contract shall contain the clause ‘‘avail10 ability of funds’’ found at 48 CFR 52.232–18.

11 OFFICE OF AIDS RESEARCH

12 (INCLUDING TRANSFER OF FUNDS)

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

14 Health Service Act, $1,460,312,000: Provided, That the Di15 rector of the Office of AIDS Research shall transfer from

16 this appropriation the amounts necessary to carry out sec17 tion 2353(d) of the Act.

18 SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

19 ADMINISTRATION

20 SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

21 For carrying out titles V and XIX of the Public

22 Health Service Act with respect to substance abuse and

23 mental health services, the Protection and Advocacy for

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

25 the Public Health Service Act with respect to program
39

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1 management, $1,849,235,000 $1,873,943,000, of which

2 $5,000,000 shall be for grants to rural and Native American

3 projects.

4 RETIREMENT PAY AND MEDICAL BENEFITS FOR

5 COMMISSIONED OFFICERS

6 For retirement pay and medical benefits of Public

7 Health Service Commissioned Officers as authorized by

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

9 Family Protection Plan and Survivor Benefit Plan and for

10 medical care of dependents and retired personnel under

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

12 for payments pursuant to section 229(b) of the Social Se13 curity Act (42 U.S.C. 429(b)), such amounts as may be

14 required during the current fiscal year.

15 AGENCY FOR HEALTH CARE POLICY AND RESEARCH

16 HEALTH CARE POLICY AND RESEARCH

17 For carrying out titles III and IX of the Public

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

19 Security Act, $90,469,000 $83,463,000; in addition,

20 amounts received from Freedom of Information Act fees,

21 reimbursable and interagency agreements, and the sale of

22 data tapes shall be credited to this appropriation and shall

23 remain available until expended: Provided, That the

24 amount made available pursuant to section 926(b) of the

25 Public Health Service Act shall not exceed $34,700,000

26 $60,124,000.
40

HR 3755 RS

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, $75,056,618,000,

5 to remain available until expended.

6 For making, after May 31, 1997, payments to States

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

8 quarter of fiscal year 1997 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 1998, $27,988,993,000, 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
41

HR 3755 RS

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

2 $60,079,000,000.

3 PROGRAM MANAGEMENT

4 For carrying out, except as otherwise provided, titles

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

6 of the Public Health Service Act, and the Clinical Labora7 tory Improvement Amendments of 1988, not to exceed

8 $1,733,125,000 $1,729,584,000, to be transferred from the

9 Federal Hospital Insurance and the Federal Supple10 mentary Medical Insurance Trust Funds, as authorized by

11 section 201(g) of the Social Security Act; together with

12 all funds collected in accordance with section 353 of the

13 Public Health Service Act, the latter funds to remain

14 available until expended, together with such sums as may

15 be collected from authorized user fees and the sale of data,

16 which shall remain available until expended: Provided,

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

18 from organizations established under title XIII of the Pub19 lic Health Service Act are to be credited to and available

20 for carrying out the purposes of this appropriation.

21 HEALTH MAINTENANCE ORGANIZATION LOAN AND LOAN

22 GUARANTEE FUND

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

24 1308 of the Public Health Service Act, any amounts re25 ceived by the Secretary in connection with loans and loan

26 guarantees under title XIII of the Public Health Service
42

HR 3755 RS

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

2 payment of outstanding obligations. During fiscal year

3 1997, no commitments for direct loans or loan guarantees

4 shall be made.

5 ADMINISTRATION FOR CHILDREN AND FAMILIES

6 FAMILY SUPPORT PAYMENTS TO STATES

7 For making payments to States or other non-Federal

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

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

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

11 1960 (24 U.S.C. ch. 9), $13,301,000,000,–to remain

12 available until expended.

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

14 payments to States or other non-Federal entities under

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

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

17 for unanticipated costs, incurred for the current fiscal

18 year, such sums as may be necessary.

19 For making payments to States or other non-Federal

20 entities under titles I, IV-A (other than section 402(g)(6))

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

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

23 first quarter of fiscal year 1998, $4,700,000,000, to re24 main available until expended.
43

HR 3755 RS

1 JOB OPPORTUNITIES AND BASIC SKILLS

2 For carrying out aid to families with dependent chil3 dren work programs, as authorized by part F of title IV

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

5 LOW INCOME HOME ENERGY ASSISTANCE

6 For making payments under title XXVI of the Omni7 bus Budget Reconciliation Act of 1981, $900,000,000

8 $700,000,000, together with $300,000,000 appropriated

9 under this heading in Public Law 104–134: Provided, That

10 the provisions under this heading in Public Law 104–134

11 designating the $300,000,000 by Congress to be emergency

12 requirements pursuant to section 251(b)(2)(D) of the Bal13 anced Budget and Emergency Deficit Control Act of 1985

14 and providing that these funds shall be made available only

15 after submission to Congress of a formal budget request by

16 the President that includes designation of the entire amount

17 of the request as an emergency requirement as defined in

18 the Balanced Budget and Emergency Deficit Control Act

19 of 1985, are hereby repealed.

20 For making payments under title XXVI of the Omni21 bus Budget Reconciliation Act of 1981, $300,000,000 to be

22 available for obligation in the period of October 1, 1996

23 through September 30, 1997: Provided, That all of the funds

24 available under this paragraph are hereby designated by

25 Congress to be emergency requirements pursuant to section

26 251(b)(2)(D) of the Balanced Budget and Emergency Defi-
44

HR 3755 RS

1 cit Control Act of 1985: Provided further, That these funds

2 shall be made available only after submission to Congress

3 of a formal budget request by the President that includes

4 designation of the entire amount of the request as an emer5 gency requirement as defined in the Balanced Budget and

6 Emergency Deficit Control Act of 1985.

7 For making payments under title XXVI of the Omni8 bus Budget Reconciliation Act of 1981, $1,000,000,000, to

9 be available for obligation in the period October 1, 1997

10 through September 30, 1998.

11 REFUGEE AND ENTRANT ASSISTANCE

12 For making payments for refugee and entrant assist13 ance activities authorized by title IV of the Immigration

14 and Nationality Act and section 501 of the Refugee Edu15 cation Assistance Act of 1980 (Public Law 96–422),

16 $412,076,000 $385,609,000: Provided, That funds appro17 priated pursuant to section 414(a) of the Immigration and

18 Nationality Act under Public Law 103–333 for fiscal year

19 1995 shall be available for the costs of assistance provided

20 and other activities conducted in such year and in fiscal

21 years 1996 and 1997.

22 CHILD CARE AND DEVELOPMENT BLOCK GRANT

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

24 Omnibus Budget Reconciliation Act of 1981 (The Child

25 Care and Development Block Grant Act of 1990),

26 $950,000,000,–which shall be available for obligation
45

HR 3755 RS

1 under the same statutory terms and conditions applicable

2 in the prior fiscal year, of which $937,000,000 shall become

3 available on October 1, 1997, and shall remain available

4 through September 30, 1998: Provided, That $13,000,000

5 $19,120,000 shall become available for obligation on Octo6 ber 1, 1996 for child care resource and referral and school7 age child care activities, of which, $6,120,000 shall be de8 rived from an amount that shall be transferred from the

9 amount appropriated under section 452(j) of the Social Se10 curity Act (42 U.S.C. 652(j)) for fiscal year 1996 and re11 maining available for expenditure.

12 SOCIAL SERVICES BLOCK GRANT

13 For making grants to States pursuant to section

14 2002 of the Social Security Act, $2,480,000,000: Pro15 vided, That notwithstanding section 2003(c) of such Act,

16 the amount specified for allocation under such section for

17 fiscal year 1997 shall be $2,480,000,000 $2,240,000,000:

18 Provided, That notwithstanding section 2003(c) of such Act,

19 as amended, the amount specified for allocation under such

20 section for fiscal year 1997 shall be $2,240,000,000.

21 CHILDREN AND FAMILIES SERVICES PROGRAMS

22 (INCLUDING RESCISSION)

23 For carrying out, except as otherwise provided, the

24 Runaway and Homeless Youth Act, the Developmental

25 Disabilities Assistance and Bill of Rights Act, the Head

26 Start Act, the Child Abuse Prevention and Treatment Act,
46

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1 the Temporary Child Care for Children with Disabilities

2 and Crisis Nurseries Act of 1986, section 429A, part B of

3 title IV of the Social Security Act, section 413 of Public

4 Law 104–193, the Family Violence Prevention and Serv5 ices Act, the Native American Programs Act of 1974, title

6 II of Public Law 95–266 (adoption opportunities), the

7 Abandoned Infants Assistance Act of 1988, and part B(1)

8 of title IV of the Social Security Act; for making payments

9 under the Community Services Block Grant Act; and for

10 necessary administrative expenses to carry out said Acts

11 and titles I, IV, X, XI, XIV, XVI, and XX of the Social

12 Security Act, the Act of July 5, 1960 (24 U.S.C. ch. 9),

13 the Omnibus Budget Reconciliation Act of 1981, title IV

14 of the Immigration and Nationality Act, section 501 of

15 the Refugee Education Assistance Act of 1980, and sec16 tion 126 and titles IV and V of Public Law 100–485,

17 $4,854,036,000 (increased by $2,399,000), of which

18 $531,941,000 $4,806,434,000 of which $461,432,000 shall

19 be for making payments under the Community Services

20 Block Grant Act: Provided, That to the extent Community

21 Services Block Grant funds are distributed as grant funds

22 by a State to an eligible entity as provided under the Act,

23 and have not been expended by such entity, they shall re24 main with such entity for carryover into the next fiscal

25 year for expenditure by such entity consistent with pro-
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1 gram purposes: Provided further, That of the amount ap2 propriated for fiscal year 1997 under section 672(a) of the

3 Community Services Block Grant Act, the Secretary shall

4 use up to one percent of the funds available to correct alloca5 tion errors that occurred in fiscal year 1995 and fiscal year

6 1996 to ensure that the minimum allotment to each State

7 for each of fiscal years 1995 and 1996 would be $2,222,460:

8 Provided further, That no more than one-half of one percent

9 of the funds available under section 672(a) shall be used

10 for the purposes of section 674(a) of the Community Serv11 ices Block Grant Act.

12 In addition, $27,358,000 $82,000,000, to be derived

13 from the Violent Crime Reduction Trust Fund, for carry14 ing out sections 40155, 40211 and 40241 of Public Law

15 103–322, 30401, 40155, 40211 and 40241 of Public Law

16 103–322, of which $12,800,000 shall be available for the

17 Community Schools Youth Services and Supervision Grant

18 Program; $8,000,000 for Education and Prevention Grants

19 to Reduce Sexual Abuse of Runaway, Homeless, and Street

20 Youth; $1,200,000 for the National Domestic Violence Hot21 line; and $60,000,000 for grants to Battered Women’s Shel22 ters.

23 Funds appropriated for fiscal year 1996 and fiscal

24 year 1997 under section 429A(e), part B of title IV of the
48

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1 Social Security Act shall be reduced by $6,000,000 in each

2 such year.

3 Funds appropriated for fiscal year 1997 under section

4 413(h)(1) of Public Law 104–193 shall be reduced by

5 $15,000,000.

6 FAMILY PRESERVATION AND SUPPORT

7 For carrying out section 430 of the Social Security

8 Act, $240,000,000.

9 PAYMENTS TO STATES FOR FOSTER CARE AND ADOPTION

10 ASSISTANCE

11 For making payments to States or other non-Federal

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

13 $4,445,031,000.

14 For making payments to States or other non-Federal

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

16 the first quarter of fiscal year 1998, $1,111,000,000.

17 ADMINISTRATION ON AGING

18 AGING SERVICES PROGRAMS

19 For carrying out, to the extent not otherwise pro20 vided, the Older Americans Act of 1965, as amended,

21 $810,545,000 $830,168,000: Provided, That notwithstand22 ing section 308(b)(1) of such Act, the amounts available to

23 each State for administration of the State plan under title

24 III of such Act shall be reduced not more than 5 percent

25 below the amount that was available to such State for such

26 purpose for fiscal year 1995: Provided further, That in con-
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1 sidering grant applications for nutrition services for elder

2 Indian recipients, the Assistant Secretary shall provide

3 maximum flexibility to applicants who seek to take into ac4 count subsistence, local customs and other characteristics

5 that are appropriate to the unique cultural, regional and

6 geographic needs of the American Indian, Alaskan and Ha7 waiian native communities to be served.

8 OFFICE OF THE SECRETARY

9 GENERAL DEPARTMENTAL MANAGEMENT

10 For necessary expenses, not otherwise provided, for

11 general departmental management, including hire of six

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

13 the Public Health Service Act, $148,999,000

14 $153,837,000, together with $5,851,000, to be transferred

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

16 Social Security Act from the Hospital Insurance Trust

17 Fund and the Supplemental Medical Insurance Trust

18 Fund:–Provided, That of the funds made available under

19 this heading for carrying out title XVII of the Public

20 Health Service Act, $11,500,000 shall be available until

21 expended for extramural construction: Provided, That not22 withstanding section 2010(b) and (c) under title XX of the

23 Public Health Service Act, as amended, of the funds made

24 available under this heading, $9,368,000 shall be for activi25 ties specified under section 2003(b)(2) of title XX of the
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1 Public Health Service Act, as amended, and of which

2 $7,500,000 shall be for prevention grants under section

3 510(b)(2) of title V of the Social Security Act, as amended.

4 OFFICE OF INSPECTOR GENERAL

5 For expenses necessary for the Office of Inspector

6 General in carrying out the provisions of the Inspector

7 General Act of 1978, as amended, $29,399,000, together

8 with any funds, to remain available until expended, that

9 represent the equitable share from the forfeiture of prop10 erty in investigations in which the Office of Inspector Gen11 eral participated, and which are transferred to the Office

12 of the Inspector General by the Department of Justice,

13 the Department of the Treasury, or the United States

14 Postal Service.

15 OFFICE FOR CIVIL RIGHTS

16 For expenses necessary for the Office for Civil

17 Rights, $16,066,000 $16,366,000, together with not to ex18 ceed $3,314,000, to be transferred and expended as au19 thorized by section 201(g)(1) of the Social Security Act

20 from the Hospital Insurance Trust Fund and the Supple21 mental Medical Insurance Trust Fund.

22 POLICY RESEARCH

23 For carrying out, to the extent not otherwise pro24 vided, research studies under section 1110 of the Social

25 Security Act, $9,000,000.
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1 GENERAL PROVISIONS

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

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

4 and representation expenses when specifically approved by

5 the Secretary.

6 SEC. 202. The Secretary shall make available through

7 assignment not more than 60 employees of the Public

8 Health Service to assist in child survival activities and to

9 work in AIDS programs through and with funds provided

10 by the Agency for International Development, the United

11 Nations International Children’s Emergency Fund or the

12 World Health Organization.

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

14 Act may be used to implement section 399L(b) of the Pub15 lic Health Service Act or section 1503 of the National In16 stitutes of Health Revitalization Act of 1993, Public Law

17 103–43.

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

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

20 the Child Abuse Prevention and Treatment Act by reason

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

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

23 Regulations. This provision expires upon the date of enact24 ment of the reauthorization of the Child Abuse Prevention

25 and Treatment Act.
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1 SEC. 205. None of the funds appropriated in this Act

2 for the National Institutes of Health and the Substance

3 Abuse and Mental Health Services Administration shall

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

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

6 $125,000 per year.

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

8 may be expended pursuant to section 241 of the Public

9 Health Service Act, except for funds specifically provided

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

11 by any office located in the Department of Health and

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

13 submission of a report to the Committee on Appropria14 tions of the Senate and of the House detailing the planned

15 uses of such funds.

16 (TRANSFER OF FUNDS)

17 SEC. 207. Of the funds appropriated or otherwise

18 made available for the Department of Health and Human

19 Services, General Departmental Management, for fiscal

20 year 1997, the Secretary of Health and Human Services

21 shall transfer to the Office of the Inspector General such

22 sums as may be necessary for any expenses with respect

23 to the provision of security protection for the Secretary

24 of Health and Human Services.

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

26 may be obligated or expended for the Federal Council on
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1 Aging under the Older Americans Act or the Advisory

2 Board on Child Abuse and Neglect under the Child Abuse

3 Prevention and Treatment Act.

4 (TRANSFER OF FUNDS)

5 SEC. 209. Not to exceed 1 percent of any discre6 tionary funds (pursuant to the Balanced Budget and

7 Emergency Deficit Control Act, as amended) which are

8 appropriated for the current fiscal year for the Depart9 ment of Health and Human Services in this Act may be

10 transferred between appropriations, but no such appro11 priation shall be increased by more than 3 percent by any

12 such transfer: Provided, That the Appropriations Commit13 tees of both Houses of Congress are notified at least fif14 teen days in advance of any transfer.

15 (TRANSFER OF FUNDS)

16 SEC. 210. The Director of the National Institutes of

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

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

19 centers, and divisions from the total amounts identified

20 by these two Directors as funding for research pertaining

21 to the human immunodeficiency virus: Provided, That the

22 Congress is promptly notified of the transfer.

23 SEC. 211. None of the funds made available in this

24 Act may be used by the National Institutes of Health to

25 provide grants or cooperative agreements under the SBIR

26 program under section 9(f) of Public Law 85–536 for re-
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1 search proposals when it is made known to the Federal

2 official having authority to obligate or expend such funds

3 that (in the process of technical and scientific peer review

4 under section 492 of the Public Health Service Act) the

5 median of the evaluation scores for the proposals in the

6 review cycle involved is higher than the median of the eval7 uation scores in such review cycle for RO1 proposals.

8 SEC. 212. EXTENSION OF MORATORIUM.—Section

9 6408(a)(3) of the Omnibus Budget Reconciliation Act of

10 1989, as amended by section 13642 of the Omnibus Budg11 et Reconciliation Act of 1993, is amended by striking ‘‘De12 cember 31, 1995’’ and inserting ‘‘December 31, 2000, or

13 the first day of the first quarter on which the Medigrant

14 plan for the State of Michigan is effective under title XIX

15 of such Act.’’.

16 SEC. 213. (a) The Secretary of Health and Human

17 Services may in accordance with this section provide for

18 the relocation of the Federal facility known as the Gillis

19 W. Long Hansen’s Disease Center (located in the vicinity

20 of Carville, in the State of Louisiana), including the relo21 cation of the patients of the Center.

22 (b)(1) Subject to entering into a contract in accord23 ance with subsection (c), in relocating the Center the Sec24 retary may on behalf of the United States transfer to the

25 State of Louisiana, without charge, title to the real prop-
55

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1 erty and improvements that (as of the date of the enact2 ment of this Act) constitute the Center. Such real property

3 is a parcel consisting of approximately 330 acres. The

4 exact acreage and legal description used for purposes of

5 the transfer shall be in accordance with a survey satisfac6 tory to the Secretary.

7 (2) Any conveyance under paragraph (1) is not effec8 tive unless the conveyance specifies that, if the State of

9 Louisiana engages in a material breach of the contract

10 under subsection (c), title to the real property and im11 provements involved reverts to the United States at the

12 election of the Secretary.

13 (c) The transfer described in subsection (b) may be

14 made only if, before the transfer is made, the Secretary

15 and the State enter into a contract whose provisions are

16 in accordance with the following:

17 (1) During the 30-year period beginning on the

18 date on which the transfer is made, the real property

19 and improvements referred to in subsection (b) (re20 ferred to in this subsection as the ‘‘transferred prop21 erty’’) will be used exclusively for purposes that pro22 mote the health or education of the public, with such

23 incidental exceptions as the Secretary may approve,

24 and consistent with the memorandum of understand-
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1 ing signed June 11, 1996 by the Chancellors of Lou2 isiana State University and Southern University.

3 (2) For purposes of monitoring the extent to

4 which the transferred property is being used in ac5 cordance with paragraph (1), the Secretary will have

6 access to such documents as the Secretary deter7 mines to be necessary, and the Secretary may re8 quire the advance approval of the Secretary for such

9 contracts, conveyances of real or personal property,

10 or other transactions as the Secretary determines to

11 be necessary.

12 (3) The relocation of patients from the trans13 ferred property will be completed not later than 3

14 years after the date on which the transfer is made,

15 except to the extent the Secretary determines that

16 relocating particular patients is not feasible. During

17 the period of relocation, the Secretary will have un18 restricted access to the transferred property, and

19 after such period will have such access as may be

20 necessary with respect to the patients who pursuant

21 to the preceding sentence are not relocated.

22 (4) The Secretary will provide for the continu23 ation at the transferred property of the projects (un24 derway as of the date of the enactment of this Act)

25 to make repairs and to make energy-related improve-
57

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1 ments, subject to the availability of appropriations to

2 carry out the projects.

3 (5) The contract disposes of issues regarding

4 access to the cemetery located on the transferred

5 property, and the establishment of a museum re6 garding memorabilia relating to the use of the prop7 erty to care for patients with Hansen’s disease.

8 (6) In the case of each individual who as of the

9 date of the enactment of this Act is a Federal em10 ployee at the transferred property with management,

11 engineering, or dietary duties:

12 (A) The State will provide the individual

13 with the right of first refusal to an employment

14 position with the State with substantially the

15 same type of duties as the individual performed

16 in his or her most recent position at the trans17 ferred property.

18 (B) If the individual becomes an employee

19 of the State pursuant to subparagraph (A), the

20 State will make payments in accordance with

21 subsection (d)(3)(B) (relating to disability), as

22 applicable with respect to the individual.

23 (7) The contract contains such additional provi24 sions as the Secretary determines to be necessary to

25 protect the interests of the United States, and the
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1 Secretary shall have final approval over the terms of

2 the contract.

3 (d)(1) This subsection applies if the transfer under

4 subsection (b) is made.

5 (2) In the case of each individual who as of the date

6 of the enactment of this Act is a Federal employee with

7 a position at the Center and is, for duty at the Center,

8 receiving the pay differential under section 5545(d) of title

9 5, United States Code:

10 (A) If as of the date of the transfer under sub11 section (b) the individual is eligible for an annuity

12 under section 8336 or 8412 of title 5, United States

13 Code, then once the individual separates from the

14 service and thereby becomes entitled to receive the

15 annuity, the pay differential shall be excluded from

16 the computation of the annuity unless the individual

17 separated from the service not later than 30 days

18 after the date on which the transfer was made.

19 (B) If the individual is not eligible for such an

20 annuity as of the date of the transfer under sub21 section (b) but subsequently does become eligible,

22 then once the individual separates from the service

23 and thereby becomes entitled to receive the annuity,

24 the pay differential shall be excluded from the com25 putation of the annuity unless the individual sepa-
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1 rated from the service not later than 30 days after

2 the date on which the individual first became eligible

3 for the annuity.

4 (C) For purposes of this paragraph, the individ5 ual is eligible for the annuity if the individual meets

6 all conditions under such section 8336 or 8412 to be

7 entitled to the annuity, except the condition that the

8 individual be separated from the service.

9 (3) In the case of each individual who as of the date

10 of the enactment of this Act is a Federal employee at the

11 Center with management, engineering, or dietary duties,

12 and who becomes an employee of the State pursuant to

13 subsection (c)(6)(A):

14 (A) The provisions of subchapter III of chapter

15 83 of title 5, United States Code, or of chapter 84

16 of such title, whichever is applicable, that relate to

17 disability shall be considered to remain in effect with

18 respect to the individual (subject to subparagraph

19 (C)) until the earlier of—

20 (i) the expiration of the 2-year period be21 ginning on the date on which the transfer under

22 subsection (b) is made; or

23 (ii) the date on which the individual first

24 meets all conditions for coverage under a State
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1 program for payments during retirement by

2 reason of disability.

3 (B) The payments to be made by a State pur4 suant to subsection (c)(6)(B) with respect to the in5 dividual are payments to the Civil Service Retire6 ment and Disability Fund, if the individual is receiv7 ing Federal disability coverage pursuant to subpara8 graph (A). Such payments are to be made in a total

9 amount equal to that portion of the normal-cost per10 centage (determined through the use of dynamic as11 sumptions) of the basic pay of the individual that is

12 allocable to such coverage and is paid for service

13 performed during the period for which such coverage

14 is in effect. Such amount is to be determined in ac15 cordance with chapter 84 of such title 5, is to be

16 paid at such time and in such manner as mutually

17 agreed by the State and the Office of Personnel

18 Management, and is in lieu of individual or agency

19 contributions otherwise required.

20 (C) In the determination pursuant to subpara21 graph (A) of whether the individual is eligible for

22 Federal disability coverage (during the applicable pe23 riod of time under such subparagraph), service as an

24 employee of the State after the date of the transfer

25 under subsection (b) shall be counted toward the
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1 service requirement specified in the first sentence of

2 section 8337(a) or 8451(a)(1)(A) of such title 5

3 (whichever is applicable).

4 (e) The following provisions apply if under subsection

5 (a) the Secretary makes the decision to relocate the Cen6 ter:

7 (1) The site to which the Center is relocated

8 shall be in the vicinity of Baton Rouge, in the State

9 of Louisiana.

10 (2) The facility involved shall continue to be

11 designated as the Gillis W. Long Hansens’s Disease

12 Center.

13 (3) The Secretary shall make reasonable efforts

14 to inform the patients of the Center with respect to

15 the planning and carrying out of the relocation.

16 (4) In the case of each individual who as of Oc17 tober 1, 1996, is a patient of the Center and is re18 ceiving long-term care (referred to in this subsection

19 as an ‘‘eligible patient’’), the Secretary shall con20 tinue to provide for the long-term care of the eligible

21 patient, without charge, for the remainder of the life

22 of the patient. Of the amounts appropriated for a

23 fiscal year for the Public Health Service, the Sec24 retary shall make available such amounts as may be

25 necessary to carry out the preceding sentence.
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1 (5) Except in the case of an eligible patient for

2 whom it is not feasible to relocate for purposes of

3 subsection (c)(3), each eligible patient may make an

4 irrevocable choice of one of the following long-term

5 care options:

6 (A) For the remainder of his or her life,

7 the patient may reside at the Center.

8 (B) For the remainder of his or her life,

9 the patient may elect to receive payments each

10 year in an annual amount of $33,000 (adjusted

11 for fiscal year 1998 and each subsequent fiscal

12 year to the extent necessary to offset inflation

13 occurring after October 1, 1996), which pay14 ments are in complete discharge of the obliga15 tion of the Federal Government under para16 graph (4). If the individual makes the election

17 under the preceding sentence, the Federal Gov18 ernment does not under such paragraph have

19 any responsibilities regarding the daily life of

20 the patient, other than making such payments.

21 (6) The Secretary shall provide to each eligible

22 patient such information and time as may be nec23 essary for the patient to make an informed decision

24 regarding the options under paragraph (5).

25 (f) For purposes of this section:
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1 (1) The term ‘‘Center’’ means the Gillis W.

2 Long Hansen’s Disease Center.

3 (2) The term ‘‘Secretary’’ means the Secretary

4 of Health and Human Services.

5 (3) The term ‘‘State’’ means the State of Lou6 isiana.

7 (g) Section 320 of the Public Health Service Act (42

8 U.S.C. 247e) is amended by striking the section designa9 tion and all that follows and inserting the following:

10 ‘‘SEC. 320. (a)(1) At the Gillis W. Long Hansen’s

11 Disease Center (located in the State of Louisiana), the

12 Secretary shall without charge provide short-term care

13 and treatment, including outpatient care, for Hansen’s

14 disease and related complications to any person deter15 mined by the Secretary to be in need of such care and

16 treatment.

17 ‘‘(2) The Center referred to in paragraph (1) shall

18 conduct training in the diagnosis and management of

19 Hansen’s disease and conduct and promote the coordina20 tion of research, investigations, demonstrations, and stud21 ies relating to the causes, diagnosis, treatment, control,

22 and prevention of Hansen’s disease and the complications

23 of such disease.
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1 ‘‘(3) Paragraph (1) is subject to section 213 of the

2 Department of Health and Human Services Appropria3 tions Act, 1997.

4 ‘‘(b) In addition to the Center referred to in sub5 section (a), the Secretary may establish sites regarding

6 persons with Hansen’s disease. Each such site shall pro7 vide for the outpatient care and treatment for Hansen’s

8 disease to any person determined by the Secretary to be

9 in need of such care and treatment.

10 ‘‘(c) The Secretary shall make payments to the Board

11 of Health of the State of Hawaii for the care and treat12 ment (including outpatient care) in its facilities of persons

13 suffering from Hansen’s disease at a rate determined by

14 the Secretary. The rate shall be approximately equal to

15 the operating cost per patient of such facilities, except that

16 the rate may not exceed the comparable costs per patient

17 with Hansen’s disease for care and treatment provided by

18 the Center referred to in subsection (a). Payments under

19 this subsection are subject to the availability of appropria20 tions for such purpose.’’.

21 SEC. 214. (a) None of the funds made available in

22 this Act or any other Act may be used to make any award

23 of a grant or contract under section 1001 of title X of

24 the Public Health Service Act for fiscal year 1997 or any

25 subsequent fiscal year unless the applicant for the award
65

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1 agrees that, in operating the voluntary family planning

2 project involved, the applicant will comply with the follow3 ing conditions:

4 (1) Priority will be given in the project to the

5 provision of services to individuals from low-income

6 families.

7 (2) An individual will not be charged for serv8 ices in the project if the family of the individual has

9 a total annual income that is at or below 100 per10 cent of the Federal poverty line, except to the extent

11 that payment will be made by a third party (includ12 ing a government agency) that is authorized, or is

13 under a legal obligation, to pay the charge.

14 (3) If the family of the individual has a total

15 annual income that exceeds 100 percent of such pov16 erty line but does not exceed 250 percent of the line,

17 the project will impose a charge according to the

18 ability to pay.

19 (4) If the family of the individual has a total

20 annual income that exceeds 250 percent of such pov21 erty line, the project will impose the full charge for

22 the services involved.

23 (5) Subject to paragraphs (1) through (4), the

24 policies of the applicant will ensure that economic
66

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1 status is not a deterrent to participation in the

2 project.

3 (b) None of the funds made available in this Act may

4 be expended for the program under section 1001 of title

5 X of the Public Health Service Act after the expiration

6 of the 180-day period beginning on the date of the enact7 ment of this Act unless the Secretary of Health and

8 Human Services submits to the Congress, not later than

9 such date of expiration, a report providing, to the extent

10 that the information is available to the Secretary, the fol11 lowing information for the most recent fiscal year for

12 which the information is available:

13 (1) The number of individuals who receive fam14 ily planning services through voluntary family plan15 ning projects under such section 1001, and the de16 mographic characteristics of the individuals.

17 (2) The types of family planning services cho18 sen by recipients of services from such projects.

19 (3) The number of individuals served by such

20 projects who are—

21 (A) at risk of unintended pregnancy; and

22 (B) from a family with a total annual in23 come not exceeding 250 percent.

24 (4) The extent to which the availability of fam25 ily planning services from such projects has, among
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1 individuals served by the projects, reduced the num2 ber of unintended pregnancies, reduced the number

3 of abortions, and reduced the number of cases of

4 sexually transmitted diseases.

5 (5) The extent to which the availability of fam6 ily planning services from such projects has reduced

7 Federal and State expenditures for—

8 (A) the program under title XIX of the So9 cial Security Act (commonly known as the Med10 icaid program); and

11 (B) the programs under title IV of such

12 Act (commonly referred to as welfare pro13 grams).

14 SEC. 215. Amounts available in this title for congres15 sional and legislative affairs, public affairs, and intergov16 ernmental affairs activities are hereby reduced by

17 $2,000,000.

18 SEC. 216. Not later than January 1, 1997, the Admin19 istrator of the Health Care Financing Administration, with

20 the advice and technical assistance of the Agency for Health

21 Care Policy Research, shall transmit to the appropriate

22 committees of the Congress a report including—

23 (1) a review of all available studies and research

24 data on the treatment of end-stage emphysema and

25 chronic obstructive pulmonary disease by both unilat-
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1 eral and bilateral lung volume reduction surgery, in2 volving both invasive and noninvasive surgery and

3 supplemental surgical methods, including laser appli4 cations; and

5 (2) a recommendation, based on such review, as

6 to the appropriateness of Medicare coverage of such

7 procedures and the conditions, if necessary, that fa8 cilities and physicians should be required to meet, to

9 ensure the efficacy of such procedures, as more de10 tailed clinical studies are conducted.

11 SEC. 217. Section 304(a)(1) of the Family Violence

12 Prevention and Services Act (42 U.S.C. 10403(a)(1)) is

13 amended by striking ‘‘$200,000’’ and inserting ‘‘$400,000’’.

14 SEC. 218. The new clinical research center at the Na15 tional Institutes of Health is hereby named the Mark O.

16 Hatfield Clinical Research and Patient Care Center.

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

18 and Human Services Appropriations Act, 1997’’.

19 TITLE III—DEPARTMENT OF EDUCATION

20 EDUCATION REFORM

21 For carrying out activities authorized by the School22 to-Work Opportunities Act, $175,000,000, which shall be23 come available on July 1, 1997, and remain available

24 through September 30, 1998 by titles III and IV of the

25 Goals 2000: Educate America Act and the School-to-Work
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1 Opportunities Act, $535,000,000, of which $340,000,000 for

2 the Goals 2000: Educate America Act and $180,000,000 for

3 the School-to-Work Opportunities Act shall become available

4 on July 1, 1997, and remain available through September

5 30, 1998.

6 EDUCATION FOR THE DISADVANTAGED

7 For carrying out title I of the Elementary and Sec8 ondary Education Act of 1965, $7,204,130,000 (increased

9 by $20,000,000) (increased by $1,000,000)

10 $7,225,249,000, of which $5,895,244,000 (increased by

11 $20,000,000) (increased by $1,000,000) $6,544,152,000

12 shall become available on July 1, 1997, and shall remain

13 available through September 30, 1998, and of which

14 $1,298,386,000 $670,597,000 shall become available on

15 October 1, 1997 and shall remain available through Sep16 tember 30, 1998, for academic year 1997–1998: Provided,

17 That $6,042,766,000 (increased by $1,000,000) shall be

18 available for basic grants under section 1124: Provided

19 further, That up to $3,500,000 of these funds shall be

20 available to the Secretary on October 1, 1996, to obtain

21 updated local-educational-agency-level census poverty data

22 from the Bureau of the Census: Provided further, That

23 $684,082,000 (increased by $20,000,000) shall be avail24 able for concentration grants under section 1124(A) and

25 $7,000,000 shall be available for evaluations under section

26 1501.
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1 IMPACT AID

2 For carrying out programs of financial assistance to

3 federally affected schools authorized by title VIII of the

4 Elementary and Secondary Education Act of 1965,

5 $728,000,000 $703,000,000, of which $615,500,000

6 $591,707,000 shall be for basic support payments under

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

8 children with disabilities under section 8003(d),

9 $50,000,000, to remain available until expended, shall be

10 for payments under section 8003(f), $5,000,000 shall be

11 for construction under section 8007, and $17,500,000

12 $16,293,000 shall be for Federal property payments under

13 section 8002.

14 SCHOOL IMPROVEMENT PROGRAMS

15 For carrying out school improvement activities au16 thorized by titles II, IV–A–1 and 2, V–A and B, VI, IX,

17 X and XIII of the Elementary and Secondary Education

18 Act of 1965; the Stewart B. McKinney Homeless Assist19 ance Act; and the Civil Rights Act of 1964;

20 $1,235,383,000 $1,318,631,000 of which $1,071,495,000

21 $1,105,478,000 shall become available on July 1, 1997,

22 and remain available through September 30, 1998: Pro23 vided, That of the amount appropriated, $606,517,000

24 $275,000,000 shall be for Eisenhower professional develop25 ment State grants under title II–B and $275,000,000 shall

26 be for innovative education program strategies State
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1 grants under title VI–A:–Provided further, That the per2 centage of the funds appropriated under this heading for

3 innovative education program strategies State grants that

4 are allocated to any State or territory shall not be less

5 than the percentage allocated to such State or territory

6 from the total of the funds appropriated in appropriation

7 laws for fiscal year 1996 for the combined totals of such

8 grants plus Eisenhower professional development State

9 grants, foreign language assistance grants, and the star

10 schools program.

11 BILINGUAL AND IMMIGRANT EDUCATION

12 For carrying out, to the extent not otherwise pro13 vided, bilingual bilingual, foreign language and immigrant

14 education activities authorized by parts A and C of and

15 section 7203 of title VII of the Elementary and Secondary

16 Education Act, without regard to section 7103(b),

17 $167,190,000 $185,000,000, of which $50,000,000 shall

18 be for immigrant education programs authorized by part

19 C: Provided, That State educational agencies may use all,

20 or any part of, their part C allocation for competitive

21 grants to local educational agencies: Provided further,

22 That the Department of Education should only support

23 instructional programs which ensure that students com24 pletely master English in a timely fashion (a period of

25 three to five years) while meeting rigorous achievement

26 standards in the academic content areas.
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1 SPECIAL EDUCATION

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

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

4 Education Act (except part I), $3,246,315,000

5 $3,262,315,000, of which $3,000,000,000 $3,010,000,000

6 shall become available for obligation on July 1, 1997, and

7 shall remain available through September 30, 1998: Pro8 vided, That the Republic of the Marshall Islands, the Fed9 erated States of Micronesia, and the Republic of Palau shall

10 continue to be eligible to receive funds under the Individuals

11 with Disabilities Education Act consistent with the provi12 sions of Public Law 104–134: Provided further, That the

13 entities that received competitive awards funds under sec14 tion 611 of the Individuals with Disabilities Education Act

15 in accordance with the competition required in Public Law

16 104–134 shall continue to be funded, without competition,

17 in the same amounts as under Public Law 104–134.

18 REHABILITATION SERVICES AND DISABILITY RESEARCH

19 For carrying out, to the extent not otherwise pro20 vided, the Rehabilitation Act of 1973, the Technology-Re21 lated Assistance for Individuals with Disabilities Act, and

22 the Helen Keller National Center Act, as amended,

23 $2,509,447,000 $2,516,447,000.
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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.), $6,680,000.

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.), $43,041,000: 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.), $79,182,000: 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 Act, the Adult Education Act,

26 $1,329,669,000, of which $1,326,750,000 and the Na-
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1 tional Literacy Act of 1991, $1,341,752,000, of which

2 $4,860,000 shall be for the National Institute for Literacy;

3 and of which $1,338,833,000 shall become available on July

4 1, 1997 and shall remain available through September 30,

5 1998: Provided, That of the amounts made available under

6 the Carl D. Perkins Vocational and Applied Technology

7 Education Act, $4,500,000 shall be for national programs

8 under title IV without regard to section 451: Provided fur9 ther, That the Secretary may reserve up to $5,000,000

10 under section 313(d) of the Adult Education Act for activi11 ties carried out under section 383 of that Act: Provided fur12 ther, That no funds shall be awarded to a State Council

13 under section 112(f) of the Carl D. Perkins Vocational

14 and Applied Technology Education Act, and no State shall

15 be required to operate such a Council.

16 STUDENT FINANCIAL ASSISTANCE

17 For carrying out subparts 1 and 3 1, 3, and 4 of part

18 A, part C and part E of title IV of the Higher Education

19 Act of 1965, as amended, $6,630,407,000 $6,642,830,000,

20 which shall remain available through September 30, 1998.

21 The maximum Pell Grant for which a student shall

22 be eligible during award year 1997–1998 shall be $2,500:

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

24 if the Secretary determines, prior to publication of the

25 payment schedule for such award year, that the amount

26 included within this appropriation for Pell Grant awards
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1 in such award year, and any funds available from the fis2 cal year 1996 appropriation for Pell Grant awards, are

3 insufficient to satisfy fully all such awards for which stu4 dents are eligible, as calculated under section 401(b) of

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

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

7 fixed dollar amount, as determined in accordance with a

8 schedule of reductions established by the Secretary for this

9 purpose.

10 FEDERAL FAMILY EDUCATION LOAN PROGRAM ACCOUNT

11 For Federal administrative expenses to carry out

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

13 of the Higher Education Act, as amended, $29,977,000.

14 HIGHER EDUCATION

15 For carrying out, to the extent not otherwise pro16 vided, parts A and B of title III, without regard to section

17 360(a)(1)(B)(ii), titles IV, V, VI, VII, and IX, part A and

18 subpart 1 of part B of title X, and title XI of the Higher

19 Education Act of 1965, as amended, Public Law 102–423

20 and the Mutual Educational and Cultural Exchange Act

21 of 1961; $829,497,000 $852,269,000, of which

22 $15,673,000 for interest subsidies under title VII of the

23 Higher Education Act, as amended, shall remain available

24 until expended: Provided, That funds available for part D

25 of title IX of the Higher Education Act shall be available

26 to fund noncompeting continuation awards for academic
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1 year 1997–1998 for fellowships awarded originally under

2 parts B and C part B of title IX of said Act, under the

3 terms and conditions of parts B and C, respectively part

4 B: Provided further, That $5,931,000 of the funds available

5 for part D of title IX of the Higher Education Act shall

6 be available to fund new and noncompeting continuation

7 awards for academic year 1997–1998 for fellowships award8 ed under part C of title IX of said Act, under the terms

9 and conditions of part C: Provided further, That notwith10 standing sections 419D, 419E, and 419H of the Higher

11 Education Act, as amended, scholarships made under title

12 IV, part A, subpart 6 shall be prorated to maintain the

13 same number of new scholarships in fiscal year 1997 as

14 in fiscal year 1996: Provided further, That $3,000,000, to

15 remain available until expended, shall be for the George

16 H.W. Bush fellowship program, if authorized by April 1,

17 1997: Provided further, That $3,000,000, to remain avail18 able until expended, shall be for the Edmund S. Muskie

19 Foundation to establish an endowment fund to provide in20 come to support such foundation on a continuing basis, if

21 authorized by April 1, 1997.

22 HOWARD UNIVERSITY

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

24 121 et seq.), $187,348,000 $189,000,000: Provided, That

25 from the amount available, the University may at its dis26 cretion use funds for the endowment program as author-
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1 ized under the Howard University Endowment Act (Public

2 Law 98–480).

3 HIGHER EDUCATION FACILITIES LOANS

4 The Secretary is hereby authorized to make such ex5 penditures, within the limits of funds available under this

6 heading and in accord with law, and to make such con7 tracts and commitments without regard to fiscal year limi8 tation, as provided by section 104 of the Government Cor9 poration Control Act (31 U.S.C. 9104), as may be nec10 essary in carrying out the program for the current fiscal

11 year.

12 COLLEGE HOUSING AND ACADEMIC FACILITIES LOANS

13 PROGRAM

14 For administrative expenses to carry out the existing

15 direct loan program of college housing and academic facili16 ties loans entered into pursuant to title VII, part C, of

17 the Higher Education Act, as amended, $698,000.

18 COLLEGE HOUSING LOANS

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

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

21 housing loans program, the Secretary shall make expendi22 tures and enter into contracts without regard to fiscal year

23 limitation using loan repayments and other resources

24 available to this account. Any unobligated balances becom25 ing available from fixed fees paid into this account pursu26 ant to 12 U.S.C. 1749d, relating to payment of costs for
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1 inspections and site visits, shall be available for the operat2 ing expenses of this account.

3 HISTORICALLY BLACK COLLEGE AND UNIVERSITY

4 CAPITAL FINANCING, PROGRAM ACCOUNT

5 The total amount of bonds insured pursuant to sec6 tion 724 of title VII, part B of the Higher Education Act

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

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

9 of such bonds shall not exceed zero.

10 For administrative expenses to carry out the Histori11 cally Black College and University Capital Financing Pro12 gram entered into pursuant to title VII, part B of the

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

14 EDUCATION RESEARCH, STATISTICS, AND IMPROVEMENT

15 For carrying out activities authorized by the Edu16 cational Research, Development, Dissemination, and Im17 provement Act of 1994 including part E; the National

18 Education Statistics Act of 1994; section 2102(c)(11),

19 sections 3136 and 3141, parts A, B, C, and D of title III

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

21 and part C of title XIII of the Elementary and Secondary

22 Education Act of 1965, as amended, and title VI of Public

23 Law 103–227, $319,264,000 $350,788,000: Provided,

24 That $48,000,000 shall be for sections 3136 and 3141 of

25 the Elementary and Secondary Education Act: Provided

26 further, That none of the funds appropriated in this para-
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1 graph may be obligated or expended for the Goals 2000

2 Community Partnerships Program.

3 LIBRARIES

4 For carrying out, to the extent not otherwise pro5 vided, titles I, II, III, and IV of the Library Services and

6 Construction Act, and title II–B of the Higher Education

7 Act, $108,000,000, of which $2,500,000 shall be for sec8 tion 222 and $1,000,000 shall be for section 223 of the

9 Higher Education Act $128,369,000, of which $16,369,000

10 shall be used to carry out the provisions of title II of the

11 Library Services and Construction Act and shall remain

12 available until expended; and $2,500,000 shall be for section

13 222 and $5,000,000 shall be for section 223 of the Higher

14 Education Act: Provided, That $1,000,000 shall be competi15 tively awarded to a nonprofit regional social tolerance re16 source center, operating tolerance tools and prejudice reduc17 tion programs and multimedia tolerance and genocide ex18 hibits.

19 DEPARTMENTAL MANAGEMENT

20 PROGRAM ADMINISTRATION

21 For carrying out, to the extent not otherwise pro22 vided, the Department of Education Organization Act, in23 cluding rental of conference rooms in the District of Co24 lumbia and hire of two passenger motor vehicles,

25 $320,152,000 (decreased by $20,000,000) (decreased by

26 $1,000,000) (reduced by $1,923,000).
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1 OFFICE FOR CIVIL RIGHTS

2 For expenses necessary for the Office for Civil

3 Rights, as authorized by section 203 of the Department

4 of Education Organization Act, $54,171,000.

5 OFFICE OF THE INSPECTOR GENERAL

6 For expenses necessary for the Office of the Inspector

7 General, as authorized by section 212 of the Department

8 of Education Organization Act, $27,143,000 $27,991,000,

9 together with any funds, to remain available until ex10 pended, that represent the equitable share from the for11 feiture of property in investigations in which the Office

12 of Inspector General participated, and which are trans13 ferred to the Office of the Inspector General by the De14 partment of Justice, the Department of the Treasury, or

15 the United States Postal Service.

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-
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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 SEC. 304. Notwithstanding any other provision of

17 law, funds available under section 458 of the Higher Edu18 cation Act shall not exceed $420,000,000 $440,000,000 for

19 fiscal year 1997. The Department of Education shall use

20 at least $134,000,000 for payment of administrative cost

21 allowances owed to guaranty agencies for fiscal years 1996

22 and 1997. The Department of Education shall pay admin23 istrative cost allowances to guaranty agencies, to be paid

24 quarterly $80,000,000 of the amounts provided for payment

25 of administrative cost allowances to guaranty agencies for
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1 fiscal year 1996. For fiscal year 1997, the Department of

2 Education shall pay administrative costs to guaranty agen3 cies, calculated on the basis of 0.85 percent of the total prin4 cipal amount of loans upon which insurance was issued on

5 or after October 1, 1996: Provided, That such administra6 tive costs shall be paid only on the first $8,200,000,000 of

7 the principal amount of loans upon which insurance was

8 issued on or after October 1, 1996 by such guaranty agen9 cies, and shall not exceed a total of $70,000,000. Such pay10 ments are to be paid quarterly, and receipt of such funds

11 and uses of such funds shall be in accordance with section

12 428(f) of the Higher Education Act. Receipt of such funds

13 and uses of such funds by guaranty agencies shall be in

14 accordance with section 428(f) of the Higher Education

15 Act.

16 Notwithstanding section 458 of the Higher Education

17 Act, the Secretary may not use funds available under that

18 section or any other section for subsequent fiscal years

19 for administrative expenses of the William D. Ford Direct

20 Loan Program. The Secretary may not require the return

21 of guaranty agency reserve funds during fiscal year 1997,

22 except after consultation with both the Chairmen and

23 ranking members of the House Economic and Educational

24 Opportunities Committee and the Senate Labor and

25 Human Resources Committee. Any reserve funds recov-
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1 ered by the Secretary shall be returned to the Treasury

2 of the United States for purposes of reducing the Federal

3 deficit.

4 No funds available to the Secretary may be used for

5 (1) the hiring of advertising agencies or other third parties

6 to provide advertising services for student loan programs,

7 or (2) payment of administrative fees relating to the Wil8 liam D. Ford Direct Loan Program to institutions of high9 er education.

10 SEC. 305. None of the funds appropriated in this Act

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

12 932, and 1002 section 727 of the Higher Education Act

13 of 1965, and section 621(b) of Public Law 101–589.

14 (TRANSFER OF FUNDS)

15 SEC. 306. Not to exceed 1 percent of any discre16 tionary funds (pursuant to the Balanced Budget and

17 Emergency Deficit Control Act, as amended) which are

18 appropriated for the current fiscal year for the Depart19 ment of Education in this Act may be transferred between

20 appropriations, but no such appropriation shall be in21 creased by more than 3 percent by any such transfer: Pro22 vided, That the Appropriations Committees of both

23 Houses of Congress are notified at least fifteen days in

24 advance of any transfer.
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1 SEC. 307. (a) Section 8003(f)(3)(A)(i) of the Ele2 mentary and Secondary Education Act of 1965 (20 U.S.C.

3 7703(f)(3)(A)(i)) is amended—

4 (1) in the matter preceding subclause (I), by

5 striking ‘‘The Secretary’’ and all that follows

6 through ‘‘greater of—’’ and inserting the following:

7 ‘‘The Secretary, in conjunction with the local edu8 cational agency, shall first determine each of the fol9 lowing:’’;

10 (2) in each of subclauses (I) through (III), by

11 striking ‘‘the average’’ each place it appears the first

12 time in each such subclause and inserting ‘‘The av13 erage’’;

14 (3) in subclause (I), by striking the semicolon

15 and inserting a period;

16 (4) in subclause (II), by striking ‘‘: or’’ and in17 serting a period; and

18 (5) by adding at the end the following:

19 ‘‘The local educational agency shall select one

20 of the amounts determined under subclause (I),

21 (II), or (III) for purposes of the remaining

22 computations under this subparagraph.’’.

23 (b) The amendments made by subsection (a) shall

24 apply with respect to fiscal years beginning with fiscal

25 year 1995.
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1 SEC. 307. Section 487A of the Higher Education Act

2 (20 U.S.C. 1094a et seq.) is amended by striking all after

3 the word ‘‘sites’’ in paragraph (d)(1) and inserting in lieu

4 thereof ‘‘to test alternative data verification.’’. Paragraph

5 (d)(2) of section 487A is also amended by striking all after

6 the word ‘‘site’’ and inserting in lieu thereof the following:

7 ‘‘from regulations prescribed under this title related to ap8 plication data verification that would bias experimental re9 sults.’’.

10 TITLE III-A—WOMEN’S EDUCATIONAL EQUITY

11 INCREASE

12 The amount provided in title III for ‘‘School Improve13 ment Programs’’ (including for activities authorized by

14 title V–B of the Elementary and Secondary Education Act

15 of 1965) is increased, and the amount provided in title

16 III for ‘‘Education Research, Statistics, and Improve17 ment’’ is reduced; by $2,000,000, and $2,000,000, respec18 tively.

19 These titles may be cited as the ‘‘Department of Edu20 cation Appropriations Act, 1997’’.

21 TITLE IV—RELATED AGENCIES

22 ARMED FORCES RETIREMENT HOME

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

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

2 Forces Retirement Home Trust Fund, $53,184,000

3 $56,204,000, of which $432,000 shall remain available

4 until expended for construction and renovation of the

5 physical plants at the United States Soldiers’ and Air6 men’s Home and the United States Naval Home: Pro7 vided, That this appropriation shall not be available for

8 the payment of hospitalization of members of the Soldiers’

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

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

11 Army upon recommendation of the Board of Commis12 sioners and the Surgeon General of the Army.

13 CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

14 DOMESTIC VOLUNTEER SERVICE PROGRAMS, OPERATING

15 EXPENSES

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

18 of the Domestic Volunteer Service Act of 1973, as amend19 ed, $202,046,000 (increased by $1,923,000) $203,969,000.

20 CORPORATION FOR PUBLIC BROADCASTING

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

23 1934, an amount which shall be available within limita24 tions specified by that Act, for the fiscal year 1999,

25 $250,000,000: Provided, That no funds made available to
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1 the Corporation for Public Broadcasting by this Act shall

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

3 of entertainment for Government officials or employees:

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

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

6 program or activity from which any person is excluded,

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

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

9 FEDERAL MEDIATION AND CONCILIATION SERVICE

10 SALARIES AND EXPENSES

11 For expenses necessary for the Federal Mediation

12 and Conciliation Service to carry out the functions vested

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

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

15 motor vehicles; and for expenses necessary for the Labor16 Management Cooperation Act of 1978 (29 U.S.C. 175a);

17 and for expenses necessary for the Service to carry out

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

19 Public Law 95–454 (5 U.S.C. chapter 71), $32,579,000

20 including $1,500,000, to remain available through Sep21 tember 30, 1998, for activities authorized by the Labor22 Management Cooperation Act of 1978 (29 U.S.C. 175a):

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

24 charged, up to full-cost recovery, for special training ac25 tivities and for arbitration services shall be credited to and
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1 merged with this account, and shall remain available until

2 expended: Provided further, That fees for arbitration serv3 ices shall be available only for education, training, and

4 professional development of the agency workforce: Pro5 vided further, That the Director of the Service is author6 ized to accept on behalf of the United States gifts of serv7 ices and real, personal, or other property in the aid of any

8 projects or functions within the Director’s jurisdiction.

9 FEDERAL MINE SAFETY AND HEALTH REVIEW

10 COMMISSION

11 SALARIES AND EXPENSES

12 For expenses necessary for the Federal Mine Safety

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

14 $6,060,000.

15 NATIONAL COMMISSION ON LIBRARIES AND

16 INFORMATION SCIENCE

17 SALARIES AND EXPENSES

18 For necessary expenses for the National Commission

19 on Libraries and Information Science, established by the

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

21 by Public Law 102–95), $812,000 $897,000.
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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, $1,757,000 $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, $974,000 $1,500,000.

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, $144,692,000

16 $170,266,000: Provided, That no part of this appropriation

17 shall be available to organize or assist in organizing agri18 cultural laborers or used in connection with investigations,

19 hearings, directives, or orders concerning bargaining units

20 composed of agricultural laborers as referred to in section

21 2(3) of the Act of July 5, 1935 (29 U.S.C. 152), and as

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

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

24 June 25, 1938 (29 U.S.C. 203), and including in said defi25 nition employees engaged in the maintenance and oper-
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1 ation of ditches, canals, reservoirs, and waterways when

2 maintained or operated on a mutual, nonprofit basis and

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

4 thereby is used for farming purposes: Provided further,

5 That none of the funds made available by this Act shall

6 be used in any way to promulgate a final rule (altering

7 29 CFR part 103) regarding single location bargaining

8 units in 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, $7,656,000 $8,300,000: Provided, That unobligated

15 balances at the end of fiscal year 1997 not needed for emer16 gency boards or any other purposes in fiscal year 1997 shall

17 remain available until expended.

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 $7,753,000.
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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, $2,920,000 $3,263,000, to be

5 transferred to this appropriation from the Federal Supple6 mentary 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, $3,263,000, to be transferred

11 to this appropriation from the Federal Hospital Insurance

12 and the Federal Supplementary Medical Insurance Trust

13 Funds.

14 SOCIAL SECURITY ADMINISTRATION

15 PAYMENTS TO SOCIAL SECURITY TRUST FUNDS

16 For payment to the Federal Old-Age and Survivors

17 Insurance and the Federal Disability Insurance trust

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

19 1131(b)(2) of the Social Security Act, $20,923,000.

20 In addition, to reimburse these trust funds for admin21 istrative expenses to carry out sections 9704 and 9706 of

22 the Internal Revenue Code of 1986, $10,000,000, to re23 main available until expended.
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1 SPECIAL BENEFITS FOR DISABLED COAL MINERS

2 For carrying out title IV of the Federal Mine Safety

3 and Health Act of 1977, $460,070,000, to remain avail4 able until expended.

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

6 benefit payments to individuals under title IV of the Fed7 eral Mine Safety and Health Act of 1977, for costs in8 curred in the current fiscal year, such amounts as may

9 be necessary.

10 For making benefit payments under title IV of the

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

12 quarter of fiscal year 1998, $160,000,000, to remain

13 available until expended.

14 SUPPLEMENTAL SECURITY INCOME PROGRAM

15 For carrying out titles XI and XVI of the Social Se16 curity Act, section 401 of Public Law 92–603, section 212

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

18 Public Law 95–216, including payment to the Social Secu19 rity trust funds for administrative expenses incurred pur20 suant to section 201(g)(1) of the Social Security Act,

21 $19,422,115,000 $19,357,010,000, to remain available

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

23 provided to a State in the current fiscal year and not obli24 gated by the State during that year shall be returned to

25 the Treasury.
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1 In addition, $25,000,000, to remain available until

2 September 30, 1998, for continuing disability reviews as

3 authorized by section 103 of Public Law 104–121. The

4 term ‘‘continuing disability reviews’’ has the meaning

5 given such term by section 201(g)(1)(A) of the Social Se6 curity Act.

7 From funds provided under the previous paragraph,

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

9 to the Social Security trust funds for administrative ex10 penses for conducting continuing disability reviews.

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

12 September 30, 1998, for payment to the Social Security

13 trust funds for administrative expenses for continuing dis14 ability reviews as authorized by section 103 of Public Law

15 104–121 and Supplemental Security Income administra16 tive work required by welfare reform, as authorized by Pub17 lic Law 104–193. The term ‘‘continuing disability reviews’’

18 means reviews and redetermination as defined under sec19 tion 201(g)(1)(A) of the Social Security Act as amended,

20 and reviews and redeterminations authorized under section

21 211 of Public Law 104–193.

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

23 benefit payments to individuals under title XVI of the So24 cial Security Act, for unanticipated costs incurred for the

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

2 for the first quarter of fiscal year 1998, $9,690,000,000,

3 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 $5,899,797,000 $5,820,907,000 may be expended, as au9 thorized by section 201(g)(1) of the Social Security Act

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

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

12 of the trust funds referred to therein: Provided, That reim13 bursement to the trust funds under this heading for ad14 ministrative expenses to carry out sections 9704 and 9706

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

16 interest, not later than September 30, 1998: Provided fur17 ther, That not less than $1,500,000 $1,268,000 shall be

18 for the Social Security Advisory Board: Provided further,

19 That unobligated balances at the end of fiscal year 1997

20 not needed for fiscal year 1997 shall remain available until

21 expended for a state-of-the-art computing network, includ22 ing related equipment and administrative expenses associ23 ated solely with this network.

24 From funds provided under the previous paragraph,

25 not less than $200,000,000 shall be available for conduct26 ing continuing disability reviews.
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1 In addition to funding already available under this

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

3 $160,000,000, to remain available until September 30,

4 1998, for continuing disability reviews as authorized by

5 section 103 of Public Law 104–121. The term ‘‘continuing

6 disability reviews’’ has the meaning given such term by

7 section 201(g)(1)(A) of the Social Security Act.

8 In addition to funding already available under this

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

10 $310,000,000, to remain available until September 30,

11 1998, for continuing disability reviews as authorized by sec12 tion 103 of Public Law 104–121 and Supplemental Secu13 rity Income administrative work required by welfare re14 form, as authorized by Public Law 104–193. The term ‘‘con15 tinuing disability reviews’’ means reviews and redeter16 mination as defined under section 201(g)(1)(A) of the So17 cial Security Act as amended, and reviews and redeter18 minations authorized under section 211 of Public Law 104–

19 193.

20 In addition to funding already available under this

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

22 $250,073,000 $226,291,000, which shall remain available

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

24 network, including related equipment and administrative

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

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

4 Social Security Act.

5 OFFICE OF INSPECTOR GENERAL

6 For expenses necessary for the Office of Inspector

7 General in carrying out the provisions of the Inspector

8 General Act of 1978, as amended, $6,335,000, together

9 with not to exceed $21,089,000, to be transferred and ex10 pended as authorized by section 201(g)(1) of the Social

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

13 Trust Fund.

14 RAILROAD RETIREMENT BOARD

15 DUAL BENEFITS PAYMENTS ACCOUNT

16 For payment to the Dual Benefits Payments Ac17 count, authorized under section 15(d) of the Railroad Re18 tirement Act of 1974, $223,000,000, which shall include

19 amounts becoming available in fiscal year 1997 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 $223,000,000: Provided, That the

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

2 in the fiscal year.

3 FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT

4 ACCOUNTS

5 For payment to the accounts established in the

6 Treasury for the payment of benefits under the Railroad

7 Retirement Act for interest earned on unnegotiated

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

9 30, 1998, 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 $87,898,000, 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 $5,268,000 $5,540,000, to be de25 rived from the railroad retirement accounts and railroad

26 unemployment insurance account:–Provided, That none of
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1 the funds made available in this Act may be transferred

2 to the Office from the Department of Health and Human

3 Services, or used to carry out any such transfer: Provided

4 further, That none of the funds made available in this

5 paragraph may be used for any audit, investigation, or re6 view of the Medicare program.

7 UNITED STATES INSTITUTE OF PEACE

8 OPERATING EXPENSES

9 For necessary expenses of the United States Institute

10 of Peace as authorized in the United States Institute of

11 Peace Act, $11,160,000.

12 TITLE V—GENERAL PROVISIONS

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

14 Human Services, and Education are authorized to transfer

15 unexpended balances of prior appropriations to accounts

16 corresponding to current appropriations provided in this

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

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

19 which they were originally appropriated.

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

21 this Act shall remain available for obligation beyond the

22 current fiscal year unless expressly so provided herein.

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

24 in this Act shall be used, other than for normal and recog25 nized executive-legislative relationships, for publicity or
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1 propaganda purposes, for the preparation, distribution, or

2 use of any kit, pamphlet, booklet, publication, radio, tele3 vision, or video presentation designed to support or defeat

4 legislation pending before the Congress, except in presen5 tation to the Congress itself or any State legislature, except

6 in presentation to the Congress or any State legislative body

7 itself.

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

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

10 grant or contract recipient, or agent acting for such recipi11 ent, related to any activity designed to influence legislation

12 or appropriations pending before the Congress or any

13 State legislature.

14 SEC. 504. The Secretaries of Labor and Education

15 are each authorized to make available not to exceed

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

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

18 and representation expenses; the Director of the Federal

19 Mediation and Conciliation Service is authorized to make

20 available for official reception and representation expenses

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

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

24 Board is authorized to make available for official reception

25 and representation expenses not to exceed $2,500 from
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1 funds available for ‘‘Salaries and expenses, National Medi2 ation Board’’.

3 SEC. 505. Notwithstanding any other provision of

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

5 used to carry out any program of distributing sterile nee6 dles for the hypodermic injection of any illegal drug unless

7 the Secretary of Health and Human Services determines

8 that such programs are effective in preventing the spread

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

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

11 EQUIPMENT AND PRODUCTS.—It is the sense of the Con12 gress that, to the greatest extent practicable, all equip13 ment and products purchased with funds made available

14 in this Act should be American-made.

15 (b) NOTICE REQUIREMENT.—In providing financial

16 assistance to, or entering into any contract with, any en17 tity using funds made available in this Act, the head of

18 each Federal agency, to the greatest extent practicable,

19 shall provide to such entity a notice describing the state20 ment made in subsection (a) by the Congress.

21 (c) PROHIBITION OF CONTRACTS WITH PERSONS

22 FALSELY LABELING PRODUCTS AS MADE IN AMERICA.—

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

24 agency that any person intentionally affixed a label bear25 ing a ‘‘Made in America’’ inscription, or any inscription
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1 with the same meaning, to any product sold in or shipped

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

3 States, the person shall be ineligible to receive any con4 tract or subcontract made with funds made available in

5 this Act, pursuant to the debarment, suspension, and ineli6 gibility procedures described in sections 9.400 through

7 9.409 of title 48, Code of Federal Regulations.

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

9 requests for proposals, bid solicitations and other docu10 ments describing projects or programs funded in whole or

11 in part with Federal money, all grantees receiving Federal

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

13 State and local governments and recipients of Federal re14 search grants, shall clearly state (1) the percentage of the

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

16 with Federal money, (2) the dollar amount of Federal

17 funds for the project or program, and (3) percentage and

18 dollar amount of the total costs of the project or program

19 that will be financed by nongovernmental sources.

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

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

22 made known to the Federal entity or official to which

23 funds are appropriated under this Act that such procedure

24 is necessary to save the life of the mother or that the preg25 nancy is the result of an act of rape or incest.
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1 SEC. 509. Notwithstanding any other provision of

2 law—

3 (1) no amount may be transferred from an ap4 propriation account for the Departments of Labor,

5 Health and Human Services, and Education except

6 as authorized in this or any subsequent appropria7 tion act, or in the Act establishing the program or

8 activity for which funds are contained in this Act;

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

10 other than the one responsible for administering the

11 program or activity for which an appropriation is

12 made in this Act, may exercise authority for the tim13 ing of the obligation and expenditure of such appro14 priation, or for the purposes for which it is obligated

15 and expended, except to the extent and in the man16 ner otherwise provided in sections 1512 and 1513 of

17 title 31, United States Code; and

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

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

20 employee who is reassigned on a temporary detail

21 basis to another position in the employing agency or

22 department or in any other agency or department,

23 unless the detail is independently approved by the

24 head of the employing department or agency.
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1 SEC. 510. None of the funds made available in this

2 Act may be used for the expenses of an electronic benefit

3 transfer (EBT) task force.

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

5 Act may be used to enforce the requirements of section

6 428(b)(1)(U)(iii) of the Higher Education Act of 1965

7 with respect to any lender when it is made known to the

8 Federal official having authority to obligate or expend

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

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

11 $5,000,000.

12 SEC. 512. (a) None of the funds made available in

13 this Act may be used for—

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

15 for research purposes; or

16 (2) research in which a human embryo or em17 bryos are destroyed, discarded, or knowingly sub18 jected to risk of injury or death greater than that

19 allowed for research on fetuses in utero under 45

20 CFR 46.208(a)(2) and section 498(b) of the Public

21 Health Service Act (42 U.S.C. 289g(b)).

22 (b) For purposes of this section, the term ‘‘human

23 embryo or embryos’’ include any organism, not protected

24 as a human subject under 45 CFR 46 as of the date of

25 the enactment of this Act, that is derived by fertilization,
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1 parthenogenesis, cloning, or any other means from one or

2 more human gametes.

3 SEC. 513. None of the funds made available in this

4 Act may be used by the National Labor Relations Board

5 to assert jurisdiction over any labor dispute when it is

6 made known to the Federal official having authority to

7 obligate or expend such funds that—

8 (1) the labor dispute does not involve any class

9 or category of employer over which the Board would

10 assert jurisdiction under the standards prevailing on

11 August 1, 1959, with each financial threshold

12 amount adjusted for inflation by—

13 (A) using changes in the Consumer Price

14 Index for all urban consumers published by the

15 Department of Labor;

16 (B) using as the base period the later of

17 (i) the most recent calendar quarter ending be18 fore the financial threshold amount was estab19 lished; or (ii) the calendar quarter ending June

20 30, 1959; and

21 (C) rounding the adjusted financial thresh22 old amount to the nearest $10,000; and

23 (2) the effect of the labor dispute on interstate

24 commerce is not otherwise sufficiently substantial to

25 warrant the exercise of the Board’s jurisdiction.
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1 SEC. 514. None of the funds made available in this

2 Act may be used to provide any direct benefit or assistance

3 to any individual in the United States when it is made

4 known to the Federal official having authority to obligate

5 or expend such funds that—

6 (1) the individual is not lawfully within the

7 United States; and

8 (2) the benefit or assistance to be provided is

9 other than emergency medical assistance; a benefit

10 mandated by the federal courts to be provided by the

11 State; or public health assistance for immunizations

12 with respect to immunizable diseases, testing and

13 treatment for communicable diseases, and treatment

14 for symptoms of communicable diseases whether or

15 not such symptoms are actually caused by a commu16 nicable disease.

17 SEC. 515. The Mine Safety and Health Administra18 tion shall not close or relocate any safety and health tech19 nology center until after submitting to the Committee on

20 Appropriations of the House of Representatives a detailed

21 analysis of the cost savings anticipated from such action

22 and the effects of such action on the provision of services,

23 including timely on-site assistance during mine emer24 gencies.
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1 SEC. 516. (a) LIMITATION ON USE OF FUNDS FOR

2 PROMOTION OF LEGALIZATION OF CONTROLLED SUB3 STANCES.—None of the funds made available in this Act

4 may be used for any activity when it is made known to

5 the Federal official having authority to obligate or expend

6 such funds that the activity promotes the legalization of

7 any drug or other substance included in schedule I of the

8 schedules of controlled substances established by section

9 202 of the Controlled Substances Act (21 U.S.C. 812).

10 (b) EXCEPTIONS.—The limitation in subsection (a)

11 shall not apply when it is made known to the Federal offi12 cial having authority to obligate or expend such funds that

13 there is significant medical evidence of a therapeutic ad14 vantage to the use of such drug or other substance or that

15 Federally-sponsored clinical trials are being conducted to

16 determine therapeutic advantage.

17 SEC. 517. (a) DENIAL OF FUNDS FOR PREVENTING

18 ROTC ACCESS TO CAMPUS.—None of the funds made

19 available in this Act may be provided by contract or by

20 grant (including a grant of funds to be available for stu21 dent aid) to an institution of higher education when it is

22 made known to the Federal official having authority to

23 obligate or expend such funds that the institution (or any

24 subelement thereof) has a policy or practice (regardless
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1 of when implemented) that prohibits, or in effect pre2 vents—

3 (1) the maintaining, establishing, or operation

4 of a unit of the Senior Reserve Officer Training

5 Corps (in accordance with section 654 of title 10,

6 United States Code, and other applicable Federal

7 laws) at the institution (or subelement); or

8 (2) a student at the institution (or subelement)

9 from enrolling in a unit of the Senior Reserve Offi10 cer Training Corps at another institution of higher

11 education.

12 (b) EXCEPTION.—The limitation established in sub13 section (a) shall not apply to an institution of higher edu14 cation when it is made known to the Federal official hav15 ing authority to obligate or expend such funds that—

16 (1) the institution (or subelement) has ceased

17 the policy or practice described in such subsection;

18 or

19 (2) the institution has a longstanding policy of

20 pacifism based on historical religious affiliation.

21 SEC. 518. (a) DENIAL OF FUNDS FOR PREVENTING

22 FEDERAL MILITARY RECRUITING ON CAMPUS.—None of

23 the funds made available in this Act may be provided by

24 contract or grant (including a grant of funds to be avail25 able for student aid) to any institution of higher education
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1 when it is made known to the Federal official having au2 thority to obligate or expend such funds that the institu3 tion (or any subelement thereof) has a policy or practice

4 (regardless of when implemented) that prohibits, or in ef5 fect prevents—

6 (1) entry to campuses, or access to students

7 (who are 17 years of age or older) on campuses, for

8 purposes of Federal military recruiting; or

9 (2) access to the following information pertain10 ing to students (who are 17 years of age or older)

11 for purposes of Federal military recruiting: student

12 names, addresses, telephone listings, dates and

13 places of birth, levels of education, degrees received,

14 prior military experience, and the most recent pre15 vious educational institutions enrolled in by the stu16 dents.

17 (b) EXCEPTION.—The limitation established in sub18 section (a) shall not apply to an institution of higher edu19 cation when it is made known to the Federal official hav20 ing authority to obligate or expend such funds that—

21 (1) the institution (or subelement) has ceased

22 the policy or practice described in such subsection;

23 or

24 (2) the institution has a longstanding policy of

25 pacifism based on historical religious affiliation.
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1 SEC. 519. 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. 519. None of the funds made available in this

17 Act may be obligated or expended to enter into or renew

18 a contract with an entity when it is made known to the

19 Federal official having authority to obligate or expend such

20 funds that—

21 (1) such entity is otherwise a contractor with the

22 United States and is subject to the requirement in

23 section 4212(d) of title 38, United States Code, re24 garding submission of an annual report to the Sec-
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1 retary of Labor concerning employment of certain vet2 erans; and

3 (2) such entity has not submitted a report as re4 quired by that section for the most recent year for

5 which such requirement was applicable to such entity.

6 SEC. 520. None of the funds made available in this

7 Act to the Department of Labor may be used to enforce

8 section 1926.28(a) of title 29, Code of Federal Regula9 tions, with respect to any operation, when it is made

10 known to the Federal official having authority to obligate

11 or expend such funds that such enforcement pertains to

12 a requirement that workers wear long pants and such re13 quirement would cause workers to experience extreme dis14 comfort due to excessively high air temperatures.

15 SEC. 521. None of the funds made available in this

16 Act may be used to order, direct, enforce, or compel any

17 employer to pay backpay to any employee for any period

18 when it is made known to the Federal official to whom

19 the funds are made available that during such period the

20 employee was not lawfully entitled to be present and em21 ployed in the United States.

22 SEC. 522. (a) LIMITATION ON TRANSFERS FROM

23 MEDICARE TRUST FUNDS.—None of the funds made

24 available in this Act under the heading ‘‘Title II—Depart25 ment of Health and Human Services—Health Care Fi-
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1 nancing Administration—Program Management’’ for

2 transfer from the Federal Hospital Insurance Trust Fund

3 or the Federal Supplementary Medical Insurance Trust

4 Fund may be used for expenditures for official time for

5 employees of the Department of Health and Human Serv6 ices pursuant to section 7131 of title 5, United States

7 Code, or for facilities or support services for labor organi8 zations pursuant to policies, regulations, or procedures re9 ferred to in section 7135(b) of such title.

10 (b) LIMITATION ON TRANSFERS FROM OASDI

11 TRUST FUNDS.—None of the funds made available in this

12 Act under the heading ‘‘Title IV—Related Agencies—So13 cial Security Administration—Limitation on Administra14 tive Expenses’’ for transfer from the Federal Old-Age and

15 Survivors Insurance Trust Fund or the Federal Disability

16 Insurance Trust Fund may be used for expenditures for

17 official time for employees of the Social Security Adminis18 tration pursuant to section 7131 of title 5, United States

19 Code, or for facilities or support services for labor organi20 zations pursuant to policies, regulations, or procedures re21 ferred to in section 7135(b) of such title.

22 SEC. 523. None of the funds appropriated in this Act

23 may be made available to any entity under title X of the

24 Public Health Service Act unless it is made known to the

25 Federal official having authority to obligate or expend
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1 such funds that the applicant for the award certifies to

2 the Secretary that it encourages family participation in

3 the decision of the minor to seek family planning services.

4 SEC. 524. No more than 1 percent of salaries appro5 priated for each Agency in this Act may be expended by

6 that Agency on cash performance awards: Provided, That

7 Agencies in this Act may waive the provisions of 5 U.S.C.

8 5384(b)(2) in order to comply with this section: Provided

9 further, That of the budgetary resources available to Agen10 cies in this Act for salaries and expenses during fiscal year

11 1997, $30,500,000, to be allocated by the Office of Manage12 ment and Budget, are permanently canceled: Provided fur13 ther, That the foregoing provision shall not apply to the

14 Food and Drug Administration and the Indian Health

15 Service.

16 SEC. 525. VOLUNTARY SEPARATION INCENTIVES FOR

17 EMPLOYEES OF CERTAIN FEDERAL AGENCIES.—(a) DEFI18 NITIONS.—For the purposes of this section—

19 (1) the term ‘‘agency’’ means the Railroad Re20 tirement Board and the Office of Inspector General of

21 the Railroad Retirement Board;

22 (2) the term ‘‘employee’’ means an employee (as

23 defined by section 2105 of title 5, United States Code)

24 who is employed by an agency, is serving under an

25 appointment without time limitation, and has been
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1 currently employed for a continuous period of at least

2 3 years, but does not include—

3 (A) a reemployed annuitant under sub4 chapter III of chapter 83 or chapter 84 of title

5 5, United States Code, or another retirement sys6 tem for employees of the agency;

7 (B) an employee having a disability on the

8 basis of which such employee is or would be eli9 gible for disability retirement under subchapter

10 III of chapter 83 or chapter 84 of title 5, United

11 States Code, or another retirement system for

12 employees of the agency;

13 (C) an employee who is in receipt of a spe14 cific notice of involuntary separation for mis15 conduct or unacceptable performance;

16 (D) an employee who, upon completing an

17 additional period of service as referred to in sec18 tion 3(b)(2)(B)(ii) of the Federal Workforce Re19 structuring Act of 1994 (5 U.S.C. 5597 note),

20 would qualify for a voluntary separation incen21 tive payment under section 3 of such Act;

22 (E) an employee who has previously re23 ceived any voluntary separation incentive pay24 ment by the Federal Government under this sec-
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1 tion or any other authority and has not repaid

2 such payment;

3 (F) an employee covered by statutory reem4 ployment rights who is on transfer to another or5 ganization; or

6 (G) any employee who, during the twenty7 four-month period preceding the date of separa8 tion, has received a recruitment or relocation

9 bonus under section 5753 of title 5, United

10 States Code, or who, within the twelve-month pe11 riod preceding the date of separation, received a

12 retention allowance under section 5754 of title 5,

13 United States Code.

14 (b) AGENCY STRATEGIC PLAN.—

15 (1) IN GENERAL.—The three-member Railroad

16 Retirement Board, prior to obligating any resources

17 for voluntary separation incentive payments, shall

18 submit to the House and Senate Committees on Ap19 propriations and the Committee on Governmental Af20 fairs of the Senate and the Committee on Government

21 Reform and Oversight of the House of Representatives

22 a strategic plan outlining the intended use of such in23 centive payments and a proposed organizational

24 chart for the agency once such incentive payments

25 have been completed.
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1 (2) CONTENTS.—The agency’s plan shall in2 clude—

3 (A) the positions and functions to be re4 duced or eliminated, identified by organizational

5 unit, geographic location, occupational category

6 and grade level;

7 (B) the number and amounts of voluntary

8 separation incentive payments to be offered; and

9 (C) a description of how the agency will op10 erate without the eliminated positions and func11 tions.

12 (c) AUTHORITY TO PROVIDE VOLUNTARY SEPARATION

13 INCENTIVE PAYMENTS.—

14 (1) IN GENERAL.—A voluntary separation incen15 tive payment under this section may be paid by an

16 agency to any employee only to the extent necessary

17 to eliminate the positions and functions identified by

18 the strategic plan.

19 (2) AMOUNT AND TREATMENT OF PAYMENTS.—A

20 voluntary separation incentive payment—

21 (A) shall be paid in a lump sum after the

22 employee’s separation;

23 (B) shall be paid from appropriations or

24 funds available for the payment of the basic pay

25 of the employees;
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1 (C) shall be equal to the lesser of—

2 (i) an amount equal to the amount the

3 employee would be entitled to receive under

4 section 5595(c) of title 5, United States

5 Code; or

6 (ii) an amount determined by the

7 agency head not to exceed $25,000;

8 (D) may not be made except in the case of

9 any qualifying employee who voluntarily sepa10 rates (whether by retirement or resignation) be11 fore September 30, 1997;

12 (E) shall not be a basis for payment, and

13 shall not be included in the computation, of any

14 other type of Government benefit; and

15 (F) shall not be taken into account in deter16 mining the amount of any severance pay to

17 which the employee may be entitled under section

18 5595 of title 5, United States Code, based on any

19 other separation.

20 (d) ADDITIONAL AGENCY CONTRIBUTIONS TO THE RE21 TIREMENT FUND.—

22 (1) IN GENERAL.—In addition to any other pay23 ments which it is required to make under subchapter

24 III of chapter 83 of title 5, United States Code, an

25 agency shall remit to the Office of Personnel Manage-
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1 ment for deposit in the Treasury of the United States

2 to the credit of the Civil Service Retirement and Dis3 ability Fund an amount equal to 15 percent of the

4 final basic pay of each employee of the agency who

5 is covered under subchapter III of chapter 83 or chap6 ter 84 of title 5, United States Code, to whom a vol7 untary separation incentive has been paid under this

8 section.

9 (2) DEFINITION.—For the purpose of paragraph

10 (1), the term ‘‘final basic pay’’, with respect to an

11 employee, means the total amount of basic pay which

12 would be payable for a year of service by such em13 ployee, computed using the employee’s final rate of

14 basic pay, and, if last serving on other than a full15 time basis, with appropriate adjustment therefor.

16 (e) EFFECT OF SUBSEQUENT EMPLOYMENT WITH THE

17 GOVERNMENT.—An individual who has received a vol18 untary separation incentive payment under this section

19 and accepts any employment for compensation with the

20 Government of the United States, or who works for any

21 agency of the United States Government through a personal

22 services contract, within 5 years after the date of the separa23 tion on which the payment is based shall be required to

24 pay, prior to the individual’s first day of employment, the
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1 entire amount of the incentive payment to the agency that

2 paid the incentive payment.

3 (f) REDUCTION OF AGENCY EMPLOYMENT LEVELS.—

4 (1) IN GENERAL.—The total number of funded

5 employee positions in the agency shall be reduced by

6 one position for each vacancy created by the separa7 tion of any employee who has received, or is due to

8 receive, a voluntary separation incentive payment

9 under this section. For the purposes of this subsection,

10 positions shall be counted on a full-time-equivalent

11 basis.

12 (2) ENFORCEMENT.—The President, through the

13 Office of Management and Budget, shall monitor the

14 agency and take any action necessary to ensure that

15 the requirements of this subsection are met.

16 (g) EFFECTIVE DATE.—This section shall take effect

17 October 1, 1996.

18 TITLE VI—COMMISSION ON

19 RETIREMENT INCOME POLICY

20 SEC. 601. SHORT TITLE.

21 This title may be cited as the ‘‘Commission on Retire22 ment Income Policy Act of 1996’’.
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1 SEC. 602. ESTABLISHMENT.

2 There is established a commission to be known as the

3 Commission on Retirement Income Policy (in this title re4 ferred to as the ‘‘Commission’’).

5 SEC. 603. DUTIES.

6 (a) IN GENERAL.—The Commission shall conduct a

7 full and complete review and study of—

8 (1) trends in retirement savings in the United

9 States;

10 (2) existing Federal incentives and programs

11 that are established to encourage and protect such

12 savings; and

13 (3) new Federal incentives and programs that

14 are needed to encourage and protect such savings.

15 (b) SPECIFIC ISSUES.—In fulfilling the duty described

16 in subsection (a), the Commission shall address—

17 (1) the amount and sources of Federal and pri18 vate funds, including tax expenditures (as defined in

19 section 3 of the Congressional Budget Act of 1974 (2

20 U.S.C. 622)), needed to finance the incentives and

21 programs referred to in subsection (a)(2) and any

22 new Federal incentive or program that the Commis23 sion recommends be established;

24 (2) the most efficient and effective manner, con25 sidering the needs of retirement plan sponsors for

26 simplicity, reasonable cost, and appropriate incen-
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1 tives, of ensuring that individuals in the United

2 States will have adequate retirement savings;

3 (3) the amounts of retirement income that future

4 retirees will need to replace various levels of preretire5 ment income, including amounts necessary to pay for

6 medical and long-term care;

7 (4) the workforce and demographic trends that

8 affect the pensions of future retirees;

9 (5) the role of retirement savings in the economy

10 of the United States;

11 (6) sources of retirement income other than pri12 vate pensions that are available to individuals in the

13 United States; and

14 (7) the shift away from insured and qualified

15 pension benefits in the United States.

16 (c) RECOMMENDATIONS.—

17 (1) IN GENERAL.—The Commission shall formu18 late recommendations based on the review and study

19 conducted under subsection (a). The recommendations

20 shall include measures that address the needs of future

21 retirees for—

22 (A) appropriate pension plan coverage and

23 other mechanisms for saving for retirement;

24 (B) an adequate retirement income;
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1 (C) preservation of benefits they accumulate

2 by participating in pension plans;

3 (D) information concerning pension plan

4 benefits; and

5 (E) procedures to resolve disputes involving

6 such benefits.

7 (2) EFFECT ON FEDERAL BUDGET DEFICIT.—A

8 recommendation of the Commission for a new Federal

9 incentive or program that would result in an increase

10 in the Federal budget deficit shall not appear in the

11 report required under section 607 unless it is accom12 panied by a recommendation for offsetting the in13 crease.

14 SEC. 604. MEMBERSHIP.

15 (a) NUMBER AND APPOINTMENT.—

16 (1) IN GENERAL.—The Commission shall be com17 posed of 16 voting members appointed not later than

18 90 days after the date of the enactment of this Act.

19 The Commission shall consist of the following mem20 bers:

21 (A) Four members appointed by the Presi22 dent, of which two shall be from the executive

23 branch of the Government and two from private

24 life.
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1 (B) Three members appointed by the Major2 ity Leader of the Senate of which at least one

3 shall be from private life.

4 (C) Three members appointed by the Minor5 ity Leader of the Senate of which at least one

6 shall be from private life.

7 (D) Three members appointed by the Major8 ity Leader of the House of Representatives of

9 which at least one shall be from private life.

10 (E) Three members appointed by the Minor11 ity Leader of the House of Representatives of

12 which at least one shall be from private life.

13 (2) QUALIFICATIONS.—The individuals referred

14 to in paragraph (1) who are not Members of the Con15 gress shall be leaders of business or labor, distin16 guished academics, or other individuals with distinc17 tive qualifications and experience in retirement in18 come policy.

19 (b) TERMS.—Each member shall be appointed for the

20 life of the Commission.

21 (c) VACANCIES.—A vacancy in the Commission shall

22 be filled not later than 90 days after the date of the creation

23 of the vacancy in the manner in which the original ap24 pointment was made.

25 (d) COMPENSATION.—
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1 (1) RATES OF PAY.—Except as provided in

2 paragraph (2), members of the Commission shall serve

3 without pay.

4 (2) TRAVEL EXPENSES.—Each member of the

5 Commission shall receive travel expenses, including

6 per diem in lieu of subsistence, in accordance with

7 sections 5702 and 5703 of title 5, United States Code.

8 (e) QUORUM.—10 members of the Commission shall

9 constitute a quorum, but 6 members may hold hearings,

10 take testimony, or receive evidence.

11 (f) CHAIRPERSON.—The chairperson of the Commis12 sion shall be elected by a majority vote of the members of

13 the Commission.

14 (g) MEETINGS.—The Commission shall meet at the call

15 of the chairperson of the Commission.

16 (h) DECISIONS.—Decisions of the Commission shall be

17 made according to the vote of not less than a majority of

18 the members who are present and voting at a meeting called

19 pursuant to subsection (g).

20 SEC. 605. STAFF AND SUPPORT SERVICES.

21 (a) EXECUTIVE DIRECTOR.—The Commission shall

22 have an executive director appointed by the Commission.

23 The Commission shall fix the pay of the executive director.

24 (b) STAFF.—The Commission may appoint and fix the

25 pay of additional personnel as it considers appropriate.
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1 (c) APPLICABILITY OF CERTAIN CIVIL SERVICE

2 LAWS.—The executive director and staff of the Commission

3 may be appointed without regard to the provisions of title

4 5, United States Code, governing appointments in the com5 petitive service, and may be paid without regard to the pro6 visions of chapter 51 and subchapter III of chapter 53 of

7 that title relating to classification and General Schedule

8 pay rates.

9 (d) EXPERTS AND CONSULTANTS.—The Commission

10 may procure temporary and intermittent services under

11 section 3109(b) of title 5, United States Code, at rates the

12 Commission determines to be appropriate.

13 (e) STAFF OF FEDERAL AGENCIES.—Upon request of

14 the Commission, the head of any Federal agency may de15 tail, on a reimbursable basis, any of the personnel of the

16 agency to the Commission to assist it in carrying out its

17 duties under this title.

18 (f) ADMINISTRATIVE SUPPORT SERVICES.—Upon the

19 request of the Commission, the Administrator of General

20 Services shall provide to the Commission, on a reimbursable

21 basis, the administrative support services necessary for the

22 Commission to carry out its responsibilities under this title.

23 SEC. 606. POWERS.

24 (a) HEARINGS AND SESSIONS.—
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1 (1) IN GENERAL.—The Commission may, for the

2 purpose of carrying out this title, hold hearings, sit

3 and act at times and places, take testimony, and re4 ceive evidence as the Commission considers appro5 priate. The Commission may administer oaths or af6 firmations to witnesses appearing before it.

7 (2) PUBLIC HEARINGS.—The Commission may

8 hold public hearings to receive the views of a broad

9 spectrum of the public on the status of the private re10 tirement system of the United States.

11 (b) DELEGATION OF AUTHORITY.—Any member, com12 mittee, or agent of the Commission may, if authorized by

13 the Commission, take any action which the Commission is

14 authorized to take by this section.

15 (c) INFORMATION.—

16 (1) INFORMATION FROM FEDERAL AGENCIES.—

17 (A) IN GENERAL.—The Commission may se18 cure directly from any Federal agency informa19 tion necessary to enable it to carry out this title.

20 Upon request of the Commission, the head of the

21 Federal agency shall furnish the information to

22 the Commission.

23 (B) EXCEPTION.—Subparagraph (A) shall

24 not apply to any information that the Commis-
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1 sion is prohibited to secure or request by another

2 law.

3 (2) PUBLIC SURVEYS.—The Commission may

4 conduct the public surveys necessary to enable it to

5 carry out this title. In conducting such surveys, the

6 Commission shall not be considered an agency for

7 purposes of chapter 35 of title 44, United States Code.

8 (d) MAILS.—The Commission may use the United

9 States mails in the same manner and under the same condi10 tions as other Federal agencies.

11 (e) CONTRACT AND PROCUREMENT AUTHORITY.—The

12 Commission may make purchases, and may contract with

13 and compensate government and private agencies or per14 sons for property or services, without regard to—

15 (1) section 3709 of the Revised Statutes (41

16 U.S.C. 5); and

17 (2) title III of the Federal Property and Admin18 istrative Services Act of 1949 (41 U.S.C. 251 et seq.).

19 (f) GIFTS.—The Commission may accept, use, and dis20 pose of gifts of services or property, both real and personal,

21 for the purpose of assisting the work of the Commission.

22 Gifts of money and proceeds from sales of property received

23 as gifts shall be deposited in the Treasury and shall be

24 available for disbursement upon order of the Commission.

25 For purposes of Federal income, estate, and gift taxes, prop-
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1 erty accepted under this subsection shall be considered as

2 a gift to the United States.

3 (g) VOLUNTEER SERVICES.—Notwithstanding section

4 1342 of title 31, United States Code, the Commission may

5 accept and use voluntary and uncompensated services as

6 the Commission determines necessary.

7 SEC. 607. REPORT.

8 Not later than 1 year after the first meeting of the

9 Commission, the Commission shall submit a report to the

10 President, the majority and minority leaders of the Senate,

11 the Committee on Labor and Human Resources and the

12 Committee on Finance of the Senate, the majority and mi13 nority leaders of the House of Representatives, and the

14 Committee on Ways and Means and the Committee on Eco15 nomic and Educational Opportunities of the House of Rep16 resentatives. The report shall review the matters that the

17 Commission is required to study under section 603 and

18 shall set forth the recommendations of the Commission.

19 SEC. 608. AUTHORIZATION OF APPROPRIATIONS.

20 There are authorized to be appropriated such sums as

21 may be necessary to carry out this title.

22 SEC. 609. TERMINATION.

23 The Commission shall terminate not later than the ex24 piration of the 90-day period beginning on the date on

25 which the Commission submits its report under section 607.
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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, 1997’’.

Passed the House of Representatives July 12 (legislative day of July 11), 1996.

Attest: ROBIN H. CARLE,

Clerk.