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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3755 Reported in Senate (RS)]

                                                       Calendar No. 589

104th CONGRESS

  2d Session

                                H.R. 3755

                          [Report No. 104-368]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                             July 12, 1996

  Received; read twice and referred to the Committee on Appropriations

                           September 12, 1996

                        Reported with amendments

                                                       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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the following sums 
are appropriated, out of any money in the Treasury not otherwise 
appropriated, for the Departments of Labor, Health and Human Services, 
and Education, and related agencies for the fiscal year ending 
September 30, 1997, and for other purposes, namely:

                      TITLE I--DEPARTMENT OF LABOR

                 Employment and Training Administration

                    training and employment services

    For expenses necessary to carry into effect the Job Training 
Partnership Act, as amended, including the purchase and hire of 
passenger motor vehicles, the construction, alteration, and repair of 
buildings and other facilities, and the purchase of real property for 
training centers as authorized by the Job Training Partnership Act; the 
Women in Apprenticeship and Nontraditional Occupations Act; the 
National Skill Standards Act of 1994; and the School-to-Work 
Opportunities Act; <DELETED>$4,171,482,000 (reduced by $5,000,000) 
</DELETED>$4,202,739,000 plus reimbursements, of which 
<DELETED>$3,297,011,000 (reduced by $5,000,000) 
</DELETED>$3,323,268,000 is available for obligation for the period 
July 1, 1997 through June 30, 1998; of which $73,861,000 is available 
for the period July 1, 1997 through June 30, 2000 for necessary 
expenses of construction, rehabilitation, and acquisition of Job Corps 
centers; and of which <DELETED>$175,000,000 </DELETED>$180,000,000 
shall be available from July 1, 1997 through September 30, 1998, for 
carrying out activities of the School-to-Work Opportunities Act: 
Provided, That <DELETED>$50,000,000 </DELETED>$52,502,000 shall be for 
carrying out section 401 of the Job Training Partnership Act, 
<DELETED>$65,000,000 </DELETED>$70,285,000 shall be for carrying out 
section 402 of such Act, $7,300,000 shall be for carrying out section 
441 of such Act, <DELETED>$2,530,000 </DELETED>$8,000,000 shall be for 
all activities conducted by and through the National Occupational 
Information Coordinating Committee under such Act, 
<DELETED>$850,000,000 (reduced by $5,000,000) </DELETED>$845,000,000 
shall be for carrying out title II, part A of such Act, and 
$126,672,000 shall be for carrying out title II, part C of such Act: 
Provided further, That no funds from any other appropriation shall be 
used to provide meal services at or for Job Corps centers: Provided 
further, That funds provided to carry out title III of the Job Training 
Partnership Act shall not be subject to the limitation contained in 
subsection (b) of section 315 of such Act; that the waiver allowing a 
reduction in the cost limitation relating to retraining services 
described in subsection (a)(2) of such section 315 may be granted with 
respect to funds from this Act if a substate grantee demonstrates to 
the Governor that such waiver is appropriate due to the availability of 
low-cost retraining services, is necessary to facilitate the provision 
of needs-related payments to accompany long-term training, or is 
necessary to facilitate the provision of appropriate basic readjustment 
services; and that funds provided to carry out the Secretary's 
discretionary grants under part B of such title III may be used to 
provide needs-related payments to participants who, in lieu of meeting 
the requirements relating to enrollment in training under section 
314(e) of such Act, are enrolled in training by the end of the sixth 
week after grant funds have been awarded: Provided further, That 
service delivery areas may transfer funding provided herein under 
authority of titles II-B and II-C of the Job Training Partnership Act 
between the programs authorized by those titles of that Act, if such 
transfer is approved by the Governor: Provided further, That service 
delivery areas and substate areas may transfer up to 50 percent of the 
funding provided herein under authority of title II-A and title III of 
the Job Training Partnership Act between the programs authorized by 
those titles of the Act, if such transfer is approved by the Governor: 
Provided further, That, notwithstanding any other provision of law, any 
proceeds from the sale of Job Corps center facilities shall be retained 
by the Secretary of Labor to carry out the Job Corps program: Provided 
further, That notwithstanding any other provision of law, the Secretary 
of Labor may waive any of the statutory or regulatory requirements of 
titles I-III of the Job Training Partnership Act (except for 
requirements relating to wage and labor standards, grievance procedures 
and judicial review, nondiscrimination allotment of funds, and 
eligibility), and any of the statutory or regulatory requirements of 
sections 8-10 of the Wagner-Peyser Act (except for requirements 
relating to the provision of services to unemployment insurance 
claimants and veterans, and to universal access to basic labor exchange 
services without cost to job seekers), for funds available for 
expenditure in program year 1997 and thereafter, pursuant to a request 
submitted by a State, if the Secretary determines that such 
requirements impede the ability of the State to implement a plan to 
improve the workforce development system and the State has executed a 
Memorandum of Understanding with the Secretary requiring such State to 
meet agreed upon outcomes and implement other appropriate measures to 
ensure accountability: Provided further, That the Secretary of Labor 
shall establish a workforce flexibility (work-flex) partnership 
demonstration program under which the Secretary shall authorize not 
more than six States, of which at least three States shall each have 
populations not in excess of 3,500,000, with a preference given to 
those States that have been designated Ed-Flex Partnership States under 
section 311(e) of Public Law 103-227, to waive any statutory or 
regulatory requirement applicable to service delivery areas or substate 
areas within the State under titles I-III of the Job Training 
Partnership Act (except for requirements relating to wage and labor 
standards, grievance procedures and judicial review, nondiscrimination, 
allotment of funds, and eligibility), and any of the statutory or 
regulatory requirements of sections 8-10 of the Wagner-Peyser Act 
(except for requirements relating to the provision of services to 
unemployment insurance claimants and veterans, and to universal access 
to basic labor exchange services without cost to job seekers), for a 
duration not to exceed the waiver period authorized under section 
311(e) of Public Law 103-227, pursuant to a plan submitted by such 
States and approved by the Secretary for the provision of workforce 
employment and training activities in the States, which includes a 
description of the process by which service delivery areas and substate 
areas may apply for and have waivers approved by the State, the 
requirements of the Wagner-Peyser Act to be waived, the outcomes to be 
achieved and other measures to be taken to ensure appropriate 
accountability for federal funds.

            community service employment for older americans

                          (transfer of funds)

    To carry out the activities for national grants or contracts with 
public agencies and public or private nonprofit organizations under 
paragraph (1)(A) of section 506(a) of title V of the Older Americans 
Act of 1965, as amended, or to carry out older worker activities as 
subsequently authorized, <DELETED>$242,450,000 </DELETED>$279,750,000.
    To carry out the activities for grants to States under paragraph 
(3) of section 506(a) of title V of the Older Americans Act of 1965, as 
amended, or to carry out older worker activities as subsequently 
authorized, <DELETED>$130,550,000 </DELETED>$93,250,000.
    The funds appropriated under this heading shall be transferred to 
the Department of Health and Human Services, ``Aging Services 
Programs'' following the enactment of legislation authorizing the 
administration of the program by that Department: Provided, That the 
funds shall be available for obligation for the period July 1, 1997 
through June 30, 1998.

              federal unemployment benefits and allowances

    For payments during the current fiscal year of trade adjustment 
benefit payments and allowances under part I, and for training, for 
allowances for job search and relocation, and for related State 
administrative expenses under part II, subchapters B and D, chapter 2, 
title II of the Trade Act of 1974, as amended, $324,500,000, together 
with such amounts as may be necessary to be charged to the subsequent 
appropriation for payments for any period subsequent to September 15 of 
the current year.

     state unemployment insurance and employment service operations

    For authorized administrative expenses, $132,279,000, together with 
not to exceed <DELETED>$3,096,111,000 (reduced by $3,800,000) 
(decreased by $2,399,000) </DELETED>$3,099,736,000 (including not to 
exceed $1,653,000 which may be used for amortization payments to States 
which had independent retirement plans in their State employment 
service agencies prior to 1980, and including not to exceed $2,000,000 
which may be obligated in contracts with non-State entities for 
activities such as occupational and test research activities which 
benefit the Federal-State Employment Service System), which may be 
expended from the Employment Security Administration account in the 
Unemployment Trust Fund including the cost of administering section 
1201 of the Small Business Job Protection Act of 1996, section 7(d) of 
the Wagner-Peyser Act, as amended, the Trade Act of 1974, as amended, 
the Immigration Act of 1990, and the Immigration and Nationality Act, 
as amended, and of which the sums available in the allocation for 
activities authorized by title III of the Social Security Act, as 
amended (42 U.S.C. 502-504), and the sums available in the allocation 
for necessary administrative expenses for carrying out 5 U.S.C. 8501-
8523, shall be available for obligation by the States through December 
31, 1997, except that funds used for automation acquisitions shall be 
available for obligation by States through September 30, 1999; and of 
which $132,279,000, together with not to exceed $701,369,000 of the 
amount which may be expended from said trust fund, shall be available 
for obligation for the period July 1, 1997 through June 30, 1998, to 
fund activities under the Act of June 6, 1933, as amended, including 
the cost of penalty mail authorized under 39 U.S.C. 3202(a)(1)(E) made 
available to States in lieu of allotments for such purpose, and of 
which <DELETED>$260,573,000</DELETED> $216,333,000 shall be available 
only to the extent necessary for additional State allocations to 
administer unemployment compensation laws to finance increases in the 
number of unemployment insurance claims filed and claims paid or 
changes in a State law: Provided, That to the extent that the Average 
Weekly Insured Unemployment (AWIU) for fiscal year 1997 is projected by 
the Department of Labor to exceed 2,828,000 an additional $28,600,000 
shall be available for obligation for every 100,000 increase in the 
AWIU level (including a pro rata amount for any increment less than 
100,000) from the Employment Security Administration Account of the 
Unemployment Trust Fund: Provided further, That funds appropriated in 
this Act which are used to establish a national one-stop career center 
network may be obligated in contracts, grants or agreements with non-
State entities: Provided further, That funds appropriated under this 
Act for activities authorized under the Wagner-Peyser Act, as amended, 
and title III of the Social Security Act, may be used by the States to 
fund integrated Employment Service and Unemployment Insurance 
automation efforts, notwithstanding cost allocation principles 
prescribed under Office of Management and Budget Circular A-87.

        advances to the unemployment trust fund and other funds

    For repayable advances to the Unemployment Trust Fund as authorized 
by sections 905(d) and 1203 of the Social Security Act, as amended, and 
to the Black Lung Disability Trust Fund as authorized by section 
9501(c)(1) of the Internal Revenue Code of 1954, as amended; and for 
nonrepayable advances to the Unemployment Trust Fund as authorized by 
section 8509 of title 5, United States Code, section 104(d) of Public 
Law 102-164, and section 5 of Public Law 103-6, and to the ``Federal 
unemployment benefits and allowances'' account, to remain available 
until September 30, 1998, $373,000,000.
    In addition, for making repayable advances to the Black Lung 
Disability Trust Fund in the current fiscal year after September 15, 
1997, for costs incurred by the Black Lung Disability Trust Fund in the 
current fiscal year, such sums as may be necessary.

                         program administration

    For expenses of administering employment and training programs and 
for carrying out section 908 of the Social Security Act, $81,393,000, 
together with not to exceed $39,977,000, which may be expended from the 
Employment Security Administration account in the Unemployment Trust 
Fund.

              Pension and Welfare Benefits Administration

                         salaries and expenses

    For necessary expenses for Pension and Welfare Benefits 
Administration, <DELETED>$65,783,000 (increased by $300,000, which 
amount shall be for genetic nondiscrimination enforcement activities) 
</DELETED>$71,783,000.

                  Pension Benefit Guaranty Corporation

               pension benefit guaranty corporation fund

    The Pension Benefit Guaranty Corporation is authorized to make such 
expenditures, including financial assistance authorized by section 104 
of Public Law 96-364, within limits of funds and borrowing authority 
available to such Corporation, and in accord with law, and to make such 
contracts and commitments without regard to fiscal year limitations as 
provided by section 104 of the Government Corporation Control Act, as 
amended (31 U.S.C. 9104), as may be necessary in carrying out the 
program through September 30, 1997, for such Corporation<DELETED>:-
Provided, That not to exceed $135,720,000 shall be available for 
administrative expenses of the Corporation</DELETED>: Provided, That 
not to exceed $10,345,000 shall be available for administrative 
expenses of the Corporation: Provided further, That expenses of such 
Corporation in connection with the termination of pension plans, for 
the acquisition, protection or management, and investment of trust 
assets, and for benefits administration services shall be considered as 
non-administrative expenses for the purposes hereof, and excluded from 
the above limitation.

                  Employment Standards Administration

                         salaries and expenses

    For necessary expenses for the Employment Standards Administration, 
including reimbursement to State, Federal, and local agencies and their 
employees for inspection services rendered, <DELETED>$258,422,000 
(increased by $5,000,000 for sweatshop enforcement in the garment 
industry) </DELETED>$262,172,000, together with $983,000 which may be 
expended from the Special Fund in accordance with sections 39(c) and 
44(j) of the Longshore and Harbor Workers' Compensation Act: Provided, 
That the Secretary of Labor is authorized to accept, retain, and spend, 
until expended, in the name of the Department of Labor, all sums of 
money ordered to be paid to the Secretary of Labor, in accordance with 
the terms of the Consent Judgment in Civil Action No. 91-0027 of the 
United States District Court for the District of the Northern Mariana 
Islands (May 21, 1992): Provided further, That the Secretary of Labor 
is authorized to establish and, in accordance with 31 U.S.C. 3302, 
collect and deposit in the Treasury fees for processing applications 
and issuing certificates under sections 11(d) and 14 of the Fair Labor 
Standards Act of 1938, as amended (29 U.S.C. 211(d) and 214) and for 
processing applications and issuing registrations under Title I of the 
Migrant and Seasonal Agricultural Worker Protection Act, 29 U.S.C. 1801 
et seq.

                            special benefits

                     (including transfer of funds)

    For the payment of compensation, benefits, and expenses (except 
administrative expenses) accruing during the current or any prior 
fiscal year authorized by title 5, chapter 81 of the United States 
Code; continuation of benefits as provided for under the head 
``Civilian War Benefits'' in the Federal Security Agency Appropriation 
Act, 1947; the Employees' Compensation Commission Appropriation Act, 
1944; and sections 4(c) and 5(f) of the War Claims Act of 1948 (50 
U.S.C. App. 2012); and 50 per centum of the additional compensation and 
benefits required by section 10(h) of the Longshore and Harbor Workers' 
Compensation Act, as amended, $213,000,000 together with such amounts 
as may be necessary to be charged to the subsequent year appropriation 
for the payment of compensation and other benefits for any period 
subsequent to August 15 of the current year: Provided, That such sums 
as are necessary may be used under section 8104 of title 5, United 
States Code, by the Secretary to reimburse an employer, who is not the 
employer at the time of injury, for portions of the salary of a 
reemployed, disabled beneficiary: Provided further, That balances of 
reimbursements unobligated on September 30, 1996, shall remain 
available until expended for the payment of compensation, benefits, and 
expenses: Provided further, That in addition there shall be transferred 
to this appropriation from the Postal Service and from any other 
corporation or instrumentality required under section 8147(c) of title 
5, United States Code, to pay an amount for its fair share of the cost 
of administration, such sums as the Secretary of Labor determines to be 
the cost of administration for employees of such fair share entities 
through September 30, 1997: Provided further, That of those funds 
transferred to this account from the fair share entities to pay the 
cost of administration, $11,390,000 shall be made available to the 
Secretary of Labor for expenditures relating to capital improvements in 
support of Federal Employees' Compensation Act administration, and the 
balance of such funds shall be paid into the Treasury as miscellaneous 
receipts: Provided further, That the Secretary may require that any 
person filing a notice of injury or a claim for benefits under 
Subchapter 5, U.S.C., chapter 81, or under subchapter 33, U.S.C. 901, 
et seq. (the Longshore and Harbor Workers' Compensation Act, as 
amended), provide as part of such notice and claim, such identifying 
information (including Social Security account number) as such 
regulations may prescribe.

                    black lung disability trust fund

                     (including transfer of funds)

    For payments from the Black Lung Disability Trust Fund, 
$1,007,644,000, of which $961,665,000 shall be available until 
September 30, 1998, for payment of all benefits as authorized by 
section 9501(d) (1), (2), (4), and (7) of the Internal Revenue Code of 
1954, as amended, and interest on advances as authorized by section 
9501(c)(2) of that Act, and of which $26,071,000 shall be available for 
transfer to Employment Standards Administration, Salaries and Expenses, 
$19,621,000 for transfer to Departmental Management, Salaries and 
Expenses, and $287,000 for transfer to Departmental Management, Office 
of Inspector General, for expenses of operation and administration of 
the Black Lung Benefits program as authorized by section 9501(d)(5)(A) 
of that Act: Provided, That, in addition, such amounts as may be 
necessary may be charged to the subsequent year appropriation for the 
payment of compensation, interest, or other benefits for any period 
subsequent to August 15 of the current year: Provided further, That in 
addition such amounts shall be paid from this fund into miscellaneous 
receipts as the Secretary of the Treasury determines to be the 
administrative expenses of the Department of the Treasury for 
administering the fund during the current fiscal year, as authorized by 
section 9501(d)(5)(B) of that Act.

             Occupational Safety and Health Administration

                         salaries and expenses

    For necessary expenses for the Occupational Safety and Health 
Administration, <DELETED>$297,734,000 </DELETED>$299,134,000, including 
not to exceed $66,929,000 which shall be the maximum amount available 
for grants to States under section 23(g) of the Occupational Safety and 
Health Act, which grants shall be no less than fifty percent of the 
costs of State occupational safety and health programs required to be 
incurred under plans approved by the Secretary under section 18 of the 
Occupational Safety and Health Act of 1970; and, in addition, 
notwithstanding 31 U.S.C. 3302, the Occupational Safety and Health 
Administration may retain up to $750,000 per fiscal year of training 
institute course tuition fees, otherwise authorized by law to be 
collected, and may utilize such sums for occupational safety and health 
training and education grants: <DELETED>Provided, </DELETED>Provided, 
That, notwithstanding 31 U.S.C. 3302, the Secretary of Labor is 
authorized, during the fiscal year ending September 30, 1997, to 
collect and retain fees for services provided to Nationally Recognized 
Testing Laboratories, and may utilize such sums, in accordance with the 
provisions of 29 U.S.C. 9a, to administer national and international 
laboratory recognition programs that ensure the safety of equipment and 
products used by workers in the workplace: Provided further, That none 
of the funds appropriated under this paragraph shall be obligated or 
expended to prescribe, issue, administer, or enforce any standard, 
rule, regulation, or order under the Occupational Safety and Health Act 
of 1970 which is applicable to any person who is engaged in a farming 
operation which does not maintain a temporary labor camp and employs 
ten or fewer employees: Provided further, That no funds appropriated 
under this paragraph shall be obligated or expended to administer or 
enforce any standard, rule, regulation, or order under the Occupational 
Safety and Health Act of 1970 with respect to any employer of ten or 
fewer employees who is included within a category having an 
occupational injury lost workday case rate, at the most precise 
Standard Industrial Classification Code for which such data are 
published, less than the national average rate as such rates are most 
recently published by the Secretary, acting through the Bureau of Labor 
Statistics, in accordance with section 24 of that Act (29 U.S.C. 673), 
except--
            (1) to provide, as authorized by such Act, consultation, 
        technical assistance, educational and training services, and to 
        conduct surveys and studies;
            (2) to conduct an inspection or investigation in response 
        to an employee complaint, to issue a citation for violations 
        found during such inspection, and to assess a penalty for 
        violations which are not corrected within a reasonable 
        abatement period and for any willful violations found;
            (3) to take any action authorized by such Act with respect 
        to imminent dangers;
            (4) to take any action authorized by such Act with respect 
        to health hazards;
            (5) to take any action authorized by such Act with respect 
        to a report of an employment accident which is fatal to one or 
        more employees or which results in hospitalization of two or 
        more employees, and to take any action pursuant to such 
        investigation authorized by such Act; and
            (6) to take any action authorized by such Act with respect 
        to complaints of discrimination against employees for 
        exercising rights under such Act:
Provided further, That the foregoing proviso shall not apply to any 
person who is engaged in a farming operation which does not maintain a 
temporary labor camp and employs ten or fewer employees.

                 Mine Safety and Health Administration

                         salaries and expenses

    For necessary expenses for the Mine Safety and Health 
Administration, <DELETED>$191,810,000 </DELETED>$195,724,000, including 
purchase and bestowal of certificates and trophies in connection with 
mine rescue and first-aid work, and the hire of passenger motor 
vehicles; the Secretary is authorized to accept lands, buildings, 
equipment, and other contributions from public and private sources and 
to prosecute projects in cooperation with other agencies, Federal, 
State, or private; the Mine Safety and Health Administration is 
authorized to promote health and safety education and training in the 
mining community through cooperative programs with States, industry, 
and safety associations; and any funds available to the Department may 
be used, with the approval of the Secretary, to provide for the costs 
of mine rescue and survival operations in the event of a major 
disaster: Provided, That none of the funds appropriated under this 
paragraph shall be obligated or expended to carry out section 115 of 
the Federal Mine Safety and Health Act of 1977 or to carry out that 
portion of section 104(g)(1) of such Act relating to the enforcement of 
any training requirements, with respect to shell dredging, or with 
respect to any sand, gravel, surface stone, surface clay, colloidal 
phosphate, or surface limestone mine.

                       Bureau of Labor Statistics

                         salaries and expenses

    For necessary expenses for the Bureau of Labor Statistics, 
including advances or reimbursements to State, Federal, and local 
agencies and their employees for services rendered, 
<DELETED>$302,947,000 (reduced by $300,000) </DELETED>$299,665,000, of 
which $16,145,000 shall be for expenses of revising the Consumer Price 
Index and shall remain available until September 30, 1998, together 
with not to exceed <DELETED>$52,053,000 </DELETED>$51,665,000, which 
may be expended from the Employment Security Administration account in 
the Unemployment Trust Fund.

                        Departmental Management

                         salaries and expenses

    For necessary expenses for Departmental Management, including the 
hire of three sedans, and including up to <DELETED>$4,271,000 
</DELETED>$4,358,000 for the President's Committee on Employment of 
People With Disabilities, <DELETED>$137,504,000 </DELETED>$142,211,000; 
together with not to exceed $297,000, which may be expended from the 
Employment Security Administration account in the Unemployment Trust 
Fund: Provided, That no funds made available by this Act may be used by 
the Solicitor of Labor to participate in a review in any United States 
court of appeals of any decision made by the Benefits Review Board 
under section 21 of the Longshore and Harbor Workers' Compensation Act 
(33 U.S.C. 921) where such participation is precluded by the decision 
of the United States Supreme Court in Director, Office of Workers' 
Compensation Programs v. Newport News Shipbuilding, 115 S. Ct. 1278 
(1995): Provided further, That no funds made available by this Act may 
be used by the Secretary of Labor to review a decision under the 
Longshore and Harbor Workers' Compensation Act (33 U.S.C. 901 et seq.) 
that has been appealed and that has been pending before the Benefits 
Review Board for more than 12 months: Provided further, That any such 
decision pending a review by the Benefits Review Board for more than 
one year shall be considered affirmed by the Benefits Review Board on 
that date, and shall be considered the final order of the Board for 
purposes of obtaining a review in the United States courts of appeals: 
Provided further, That these provisions shall not be applicable to the 
review of any decision issued under the Black Lung Benefits Act (30 
U.S.C. 901 et seq.): Provided further, That $1,000,000 shall be for a 
Commission on Retirement Income Policy, if authorized.

        assistant secretary for veterans employment and training

    Not to exceed <DELETED>$178,149,000 (increased by $3,800,000) 
</DELETED>$174,225,000 may be derived from the Employment Security 
Administration account in the Unemployment Trust Fund to carry out the 
provisions of 38 U.S.C. 4100-4110A and 4321-4327, and Public Law 103-
353, and which shall be available for obligation by the States through 
December 31, 1997.

                      office of inspector general

    For salaries and expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $42,938,000, together with not to exceed $3,543,000, which may 
be expended from the Employment Security Administration account in the 
Unemployment Trust Fund.

                           GENERAL PROVISIONS

    Sec. 101. None of the funds appropriated in this title for the Job 
Corps shall be used to pay the compensation of an individual, either as 
direct costs or any proration as an indirect cost, at a rate in excess 
of $125,000.

                          (transfer of funds)

    Sec. 102. Not to exceed 1 percent of any discretionary funds 
(pursuant to the Balanced Budget and Emergency Deficit Control Act, as 
amended) which are appropriated for the current fiscal year for the 
Department of Labor in this Act may be transferred between 
appropriations, but no such appropriation shall be increased by more 
than 3 percent by any such transfer: Provided, That the Appropriations 
Committees of both Houses of Congress are notified at least fifteen 
days in advance of any transfer.
    Sec. 103. Funds shall be available for carrying out title IV-B of 
the Job Training Partnership Act, notwithstanding section 427(c) of 
that Act, if a Job Corps center fails to meet national performance 
standards established by the Secretary.
<DELETED>    Sec. 104. No funds appropriated or otherwise made 
available in this title shall be disbursed without the approval of the 
Department's Chief Financial Officer or his delegatee.</DELETED>
<DELETED>    Sec. 105. (a) General Rule.--In the administration and 
enforcement of the child labor provisions of the Fair Labor Standards 
Act of 1938, employees who are 16 and 17 years of age shall be 
permitted to load materials, but not operate or unload materials, into 
scrap paper balers and paper box compactors--</DELETED>
        <DELETED>    (1) that are safe for 16- and 17-year-old 
        employees loading the scrap paper balers or paper box 
        compactors, and</DELETED>
        <DELETED>    (2) that cannot operate while being 
        loaded.</DELETED>
<DELETED>    (b) Definition.--For purposes of subsection (a), scrap 
paper balers and paper box compactors shall be considered safe for 16- 
or 17-year-old employees to load only if--</DELETED>
        <DELETED>    (1) such scrap paper balers and paper box 
        compactors are in compliance with the current safety standard 
        established by the American National Standards 
        Institute;</DELETED>
        <DELETED>    (2) such scrap paper balers and paper box 
        compactors include an on-off switch incorporating a keylock or 
        other system and the control of such system is maintained in 
        the custody of employees who are 18 years of age or 
        older;</DELETED>
        <DELETED>    (3) the on-off switch of such scrap paper balers 
        and paper box compactors is maintained in an off condition when 
        such scrap paper balers and paper box compactors are not in 
        operation; and</DELETED>
        <DELETED>    (4) the employer of 16- and 17-year-old employees 
        provides notice, and posts a notice, on such scrap paper balers 
        and paper box compactors stating that--</DELETED>
                <DELETED>    (A) such scrap paper balers and paper box 
                compactors meet the current safety standard established 
                by the American National Standards Institute;</DELETED>
                <DELETED>    (B) 16- and 17-year-old employees may only 
                load such scrap paper balers and paper box compactors; 
                and</DELETED>
                <DELETED>    (C) any employee under the age of 18 may 
                not operate or unload such scrap paper balers and paper 
                box compactors:</DELETED>
<DELETED>Provided, That this section is not to be construed as 
affecting the exemption for apprentices and student learners published 
at 29 Code of Federal Regulations 570.63.</DELETED>
<DELETED>    Sec. 106. None of the funds appropriated in this Act may 
be obligated or expended by the Department of Labor for the purposes of 
enforcement and the issuance of fines under Hazardous Occupation Order 
Number 2 (HO 2) with respect to incidental and occasional driving by 
minors under age 18, unless the Secretary finds that the operation of a 
motor vehicle is the primary duty of the minor's employment.</DELETED>

SEC. 107. EXEMPTION OF INMATES FROM THE MINIMUM WAGE AND OVERTIME 
              REQUIREMENTS.

    (a) In General.--Section 13(a) of the Fair Labor Standards Act of 
1938 (29 U.S.C. 213(a)) is amended--
            (1) by striking the period at the end of paragraph (16) and 
        inserting ``; or''; and
            (2) by adding at the end thereof the following new 
        paragraph:
          ``(17) any individual who is an inmate of a penal or other 
        correctional institution, and who participates in a 
        correctional work program that is sanctioned by a Federal or 
        State corrections agency or that is administered by a nonprofit 
        organization authorized by State law to conduct a correctional 
        work program on behalf of the State, except that this paragraph 
        shall not apply to a convict or prisoner who participates in a 
        prison work pilot program pursuant to section 1761(c) of title 
        18, United States Code.''.
    (b) Application.--The amendment made by subsection (a)(2) shall 
take effect as if enacted on the date of enactment of the Fair Labor 
Standards Act of 1938 (29 U.S.C. 201 et seq.).
    This title may be cited as the ``Department of Labor Appropriations 
Act, 1997''.

           TITLE II--DEPARTMENT OF HEALTH AND HUMAN SERVICES

              Health Resources and Services Administration

                     health resources and services

    For carrying out titles II, III, VII, VIII, X, XII, XVI, XIX, and 
XXVI of the Public Health Service Act, section 427(a) of the Federal 
Coal Mine Health and Safety Act, title V of the Social Security Act, 
and the Health Care Quality Improvement Act of 1986, as amended, Public 
Law 101-527, and the Native Hawaiian Health Care Act of 1988, as 
amended, <DELETED>$3,082,190,000 </DELETED>$3,213,096,000, of which 
$297,000 shall remain available until expended for interest subsidies 
on loan guarantees made prior to fiscal year 1981 under part B of title 
VII of the Public Health Service Act: Provided, That the Division of 
Federal Occupational Health may utilize personal services contracting 
to employ professional management/administrative and occupational 
health professionals: Provided further, That of the funds made 
available under this heading, <DELETED>$2,828,000 </DELETED>$828,000 
shall be available until expended for facilities renovations at the 
Gillis W. Long Hansen's Disease Center: Provided further, That in 
addition to fees authorized by section 427(b) of the Health Care 
Quality Improvement Act of 1986, fees shall be collected for the full 
disclosure of information under the Act sufficient to recover the full 
costs of operating the National Practitioner Data Bank, and shall 
remain available until expended to carry out that Act: Provided 
further, That no more than $5,000,000 is available for carrying out the 
provisions of Public Law 104-73: Provided further, That of the funds 
made available under this heading, <DELETED>$192,592,000 
</DELETED>$198,452,000 shall be for the program under title X of the 
Public Health Service Act to provide for voluntary family planning 
projects: Provided further, That amounts provided to said projects 
under such title shall not be expended for abortions, that all 
pregnancy counseling shall be nondirective, and that such amounts shall 
not be expended for any activity (including the publication or 
distribution of literature) that in any way tends to promote public 
support or opposition to any legislative proposal or candidate for 
public office: Provided further, That <DELETED>$75,000,000 
</DELETED>$117,000,000 shall be for State AIDS Drug Assistance Programs 
authorized by section 2616 of the Public Health Service Act and shall 
be distributed to States as authorized by section 2618(b)(2) of such 
Act: Provided further, That notwithstanding any other provision of law, 
funds made available under this heading may be used to continue 
operating the Council on Graduate Medical Education established by 
section 301 of Public Law 102-408: Provided further, That, of the funds 
made available under this heading, not more than $8,000,000 shall be 
made available and shall remain available until expended for loan 
guarantees for loans made by non-Federal lenders for the construction, 
renovation, and modernization of medical facilities that are owned and 
operated by health centers funded under part A of title XVI of the 
Public Health Service Act as amended, and, subject to authorization, 
for loans made to health centers for the costs of developing and 
operating managed care networks or plans, and that such funds be 
available to subsidize guarantees of total loan principal in an amount 
not to exceed $80,000,000.

               medical facilities guarantee and loan fund

           federal interest subsidies for medical facilities

    For carrying out subsections (d) and (e) of section 1602 of the 
Public Health Service Act, $7,000,000, together with any amounts 
received by the Secretary in connection with loans and loan guarantees 
under title VI of the Public Health Service Act, to be available 
without fiscal year limitation for the payment of interest subsidies. 
During the fiscal year, no commitments for direct loans or loan 
guarantees shall be made.

               health education assistance loans program

    For the cost of guaranteed loans, such sums as may be necessary to 
carry out the purpose of the program, as authorized by title VII of the 
Public Health Service Act, as amended: Provided, That such costs, 
including the cost of modifying such loans, shall be as defined in 
section 502 of the Congressional Budget Act of 1974: Provided further, 
That these funds are available to subsidize gross obligations for the 
total loan principal any part of which is to be guaranteed at not to 
exceed $140,000,000. In addition, for administrative expenses to carry 
out the guaranteed loan program, $2,688,000.

             vaccine injury compensation program trust fund

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

                      vaccine injury compensation

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

               Centers for Disease Control and Prevention

                disease control, research, and training

    To carry out titles II, III, VII, XI, XV, XVII, and XIX of the 
Public Health Service Act, sections 101, 102, 103, 201, 202, 
<DELETED>and 203 </DELETED>203, 301, and 501 of the Federal Mine Safety 
and Health Act of 1977, and sections 20, 21 and 22 of the Occupational 
Safety and Health Act of 1970, title IV of the Immigration and 
Nationality Act and section 501 of the Refugee Education Assistance Act 
of 1980; including insurance of official motor vehicles in foreign 
countries; and hire, maintenance, and operation of aircraft, 
<DELETED>$2,153,376,000 </DELETED>$2,168,948,000, of which 
<DELETED>$8,353,000 </DELETED>$7,553,000 shall remain available until 
expended for equipment and construction and renovation of facilities, 
and of which $32,000,000 shall remain available until expended for mine 
safety and health activities, and in addition, such sums as may be 
derived from authorized user fees, which shall be credited to this 
account: Provided, That in addition to amounts provided herein, up to 
<DELETED>$48,400,000 </DELETED>$53,063,000 shall be available from 
amounts available under section 241 of the Public Health Service Act, 
to carry out the National Center for Health Statistics surveys: 
Provided further, That none of the funds made available for injury 
prevention and control at the Centers for Disease Control and 
Prevention may be used to advocate or promote gun control: Provided 
further, That the Director may redirect the total amount made available 
under authority of Public Law 101-502, section 3, dated November 3, 
1990, to activities the Director may so designate: Provided further, 
That the Congress is to be notified promptly of any such transfer: 
Provided further, That the functions described in clause (1) of the 
first proviso under the subheading ``mines and minerals'' under the 
heading ``Bureau of Mines'' in the text of title I of the Department of 
the Interior and Related Agencies Appropriations Act, 1996, as enacted 
by section 101(c) of the Omnibus Consolidated Rescissions and 
Appropriations Act of 1996 (Public Law 104-134), are hereby transferred 
to, and vested in, the Secretary of Health and Human Services, subject 
to section 1531 of title 31, United States Code.
    In addition, <DELETED>$33,642,000 </DELETED>$41,000,000, to be 
derived from the Violent Crime Reduction Trust Fund, for carrying out 
sections 40151 and 40261 of Public Law 103-322.

                     National Institutes of Health

                       national cancer institute

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to cancer, <DELETED>$2,385,741,000 
</DELETED>$2,102,949,000.

               national heart, lung, and blood institute

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to cardiovascular, lung, and blood diseases, 
and blood and blood products, <DELETED>$1,438,265,000 
</DELETED>$1,344,742,000.

                 national institute of dental research

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to dental disease, <DELETED>$195,596,000 
</DELETED>$177,701,000.

    national institute of diabetes and digestive and kidney diseases

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to diabetes and digestive and kidney diseases, 
<DELETED>$819,224,000 </DELETED>$787,473,000.

        national institute of neurological disorders and stroke

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to neurological disorders and stroke, 
<DELETED>$725,478,000 </DELETED>$683,721,000.

         national institute of allergy and infectious diseases

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to allergy and infectious diseases, 
<DELETED>$1,256,149,000 </DELETED>$595,016,000.

             national institute of general medical sciences

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to general medical sciences, 
<DELETED>$1,003,722,000 </DELETED>$953,214,000.

        national institute of child health and human development

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to child health and human development, 
<DELETED>$631,989,000 </DELETED>$554,251,000.

                         national eye institute

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to eye diseases and visual disorders, 
<DELETED>$333,131,000 </DELETED>$315,948,000.

          national institute of environmental health sciences

    For carrying out sections 301 and 311 and title IV of the Public 
Health Service Act with respect to environmental health sciences, 
<DELETED>$308,258,000 </DELETED>$294,745,000.

                      national institute on aging

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to aging, <DELETED>$484,375,000 
</DELETED>$470,256,000.

 national institute of arthritis and musculoskeletal and skin diseases

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to arthritis and musculoskeletal and skin 
diseases, <DELETED>$257,637,000 </DELETED>$247,731,000.

    national institute on deafness and other communication disorders

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to deafness and other communication disorders, 
<DELETED>$189,243,000 </DELETED>$182,693,000.

                 national institute of nursing research

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to nursing research, <DELETED>$59,715,000 
</DELETED>$52,936,000.

           national institute on alcohol abuse and alcoholism

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to alcohol abuse and alcoholism, 
<DELETED>$212,079,000 </DELETED>$195,891,000.

                    national institute on drug abuse

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to drug abuse, <DELETED>$487,341,000 
</DELETED>$317,936,000.

                  national institute of mental health

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to mental health, <DELETED>$701,247,000 
</DELETED>$589,187,000.

                 national center for research resources

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to research resources and general research 
support grants, <DELETED>$416,523,000 </DELETED>$324,844,000: Provided, 
That none of these funds shall be used to pay recipients of the general 
research support grants program any amount for indirect expenses in 
connection with such grants: Provided further, That 
<DELETED>$37,000,000 </DELETED>$10,000,000 shall be for extramural 
facilities construction grants.

               national center for human genome research

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to human genome research, 
<DELETED>$189,267,000 </DELETED>$180,807,000.

                  john e. fogarty international center

    For carrying out the activities at the John E. Fogarty 
International Center, <DELETED>$26,707,000 </DELETED>$16,838,000.

                      national library of medicine

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to health information communications, 
<DELETED>$150,093,000 </DELETED>$142,070,000, of which $4,000,000 shall 
be available until expended for improvement of information systems: 
Provided, That in fiscal year 1997, the Library may enter into personal 
services contracts for the provision of services in facilities owned, 
operated, or constructed under the jurisdiction of the National 
Institutes of Health.

                         office of the director

                     (including transfer of funds)

    For carrying out the responsibilities of the Office of the 
Director, National Institutes of Health, <DELETED>$275,423,000 
</DELETED>$243,319,000: Provided, That funding shall be available for 
the purchase of not to exceed five passenger motor vehicles for 
replacement only: Provided further, That the Director may direct up to 
1 percent of the total amount made available in this Act to all 
National Institutes of Health appropriations to activities the Director 
may so designate: Provided further, That no such appropriation shall be 
increased or decreased by more than 1 percent by any such transfers and 
that the Congress is promptly notified of the transfer: Provided 
further, That NIH is authorized to collect third party payments for the 
cost of clinical services that are incurred in National Institutes of 
Health research facilities and that such payments shall be credited to 
the National Institutes of Health Management Fund: Provided further, 
That all funds credited to the NIH Management Fund shall remain 
available for one fiscal year after the fiscal year in which they are 
deposited: Provided further, That up to $200,000 shall be available to 
carry out section 499 of the Public Health Service Act.

                        buildings and facilities

    For the study of, construction of, and acquisition of equipment 
for, facilities of or used by the National Institutes of Health, 
including the acquisition of real property, <DELETED>$200,000,000 
</DELETED>$180,000,000, to remain available until expended, of which 
<DELETED>$90,000,000 </DELETED>$70,000,000 shall be for the clinical 
research center: Provided, That, notwithstanding any other provision of 
law, a single contract or related contracts for the development and 
construction of the clinical research center may be employed which 
collectively include the full scope of the project: Provided further, 
That the solicitation and contract shall contain the clause 
``availability of funds'' found at 48 CFR 52.232-18.

                        office of aids research

                     (including transfer of funds)

    For carrying out part D of title XXIII of the Public Health Service 
Act, $1,460,312,000: Provided, That the Director of the Office of AIDS 
Research shall transfer from this appropriation the amounts necessary 
to carry out section 2353(d) of the Act.

       Substance Abuse and Mental Health Services Administration

               substance abuse and mental health services

    For carrying out titles V and XIX of the Public Health Service Act 
with respect to substance abuse and mental health services, the 
Protection and Advocacy for Mentally Ill Individuals Act of 1986, and 
section 301 of the Public Health Service Act with respect to program 
management, <DELETED>$1,849,235,000 </DELETED>$1,873,943,000, of which 
$5,000,000 shall be for grants to rural and Native American projects.

     retirement pay and medical benefits for commissioned officers

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

               Agency for Health Care Policy and Research

                    health care policy and research

    For carrying out titles III and IX of the Public Health Service 
Act, and part A of title XI of the Social Security Act, 
<DELETED>$90,469,000 </DELETED>$83,463,000; in addition, amounts 
received from Freedom of Information Act fees, reimbursable and 
interagency agreements, and the sale of data tapes shall be credited to 
this appropriation and shall remain available until expended: Provided, 
That the amount made available pursuant to section 926(b) of the Public 
Health Service Act shall not exceed <DELETED>$34,700,000 
</DELETED>$60,124,000.

                  Health Care Financing Administration

                     grants to states for medicaid

    For carrying out, except as otherwise provided, titles XI and XIX 
of the Social Security Act, $75,056,618,000, to remain available until 
expended.
    For making, after May 31, 1997, payments to States under title XIX 
of the Social Security Act for the last quarter of fiscal year 1997 for 
unanticipated costs, incurred for the current fiscal year, such sums as 
may be necessary.
    For making payments to States under title XIX of the Social 
Security Act for the first quarter of fiscal year 1998, 
$27,988,993,000, to remain available until expended.
    Payment under title XIX may be made for any quarter with respect to 
a State plan or plan amendment in effect during such quarter, if 
submitted in or prior to such quarter and approved in that or any 
subsequent quarter.

                  payments to health care trust funds

    For payment to the Federal Hospital Insurance and the Federal 
Supplementary Medical Insurance Trust Funds, as provided under sections 
217(g) and 1844 of the Social Security Act, sections 103(c) and 111(d) 
of the Social Security Amendments of 1965, section 278(d) of Public Law 
97-248, and for administrative expenses incurred pursuant to section 
201(g) of the Social Security Act, $60,079,000,000.

                           program management

    For carrying out, except as otherwise provided, titles XI, XVIII, 
and XIX of the Social Security Act, title XIII of the Public Health 
Service Act, and the Clinical Laboratory Improvement Amendments of 
1988, not to exceed <DELETED>$1,733,125,000 </DELETED>$1,729,584,000, 
to be transferred from the Federal Hospital Insurance and the Federal 
Supplementary Medical Insurance Trust Funds, as authorized by section 
201(g) of the Social Security Act; together with all funds collected in 
accordance with section 353 of the Public Health Service Act, the 
latter funds to remain available until expended, together with such 
sums as may be collected from authorized user fees and the sale of 
data, which shall remain available until expended: Provided, That all 
funds derived in accordance with 31 U.S.C. 9701 from organizations 
established under title XIII of the Public Health Service Act are to be 
credited to and available for carrying out the purposes of this 
appropriation.

      health maintenance organization loan and loan guarantee fund

    For carrying out subsections (d) and (e) of section 1308 of the 
Public Health Service Act, any amounts received by the Secretary in 
connection with loans and loan guarantees under title XIII of the 
Public Health Service Act, to be available without fiscal year 
limitation for the payment of outstanding obligations. During fiscal 
year 1997, no commitments for direct loans or loan guarantees shall be 
made.

                Administration for Children and Families

                   family support payments to states

    For making payments to States or other non-Federal entities, except 
as otherwise provided, under titles I, IV-A (other than section 
402(g)(6)) and D, X, XI, XIV, and XVI of the Social Security Act, and 
the Act of July 5, 1960 (24 U.S.C. ch. 9), $13,301,000,000<DELETED>,-to 
remain available until expended</DELETED>.
    For making, after May 31 of the current fiscal year, payments to 
States or other non-Federal entities under titles I, IV-A and D, X, XI, 
XIV, and XVI of the Social Security Act, for the last three months of 
the current year for unanticipated costs, incurred for the current 
fiscal year, such sums as may be necessary.
<DELETED>    For making payments to States or other non-Federal 
entities under titles I, IV-A (other than section 402(g)(6)) and D, X, 
XI, XIV, and XVI of the Social Security Act and the Act of July 5, 1960 
(24 U.S.C. ch. 9) for the first quarter of fiscal year 1998, 
$4,700,000,000, to remain available until expended.</DELETED>

                   job opportunities and basic skills

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

                   low income home energy assistance

    For making payments under title XXVI of the Omnibus Budget 
Reconciliation Act of 1981, <DELETED>$900,000,000 
</DELETED>$700,000,000, together with $300,000,000 appropriated under 
this heading in Public Law 104-134: Provided, That the provisions under 
this heading in Public Law 104-134 designating the $300,000,000 by 
Congress to be emergency requirements pursuant to section 251(b)(2)(D) 
of the Balanced Budget and Emergency Deficit Control Act of 1985 and 
providing that these funds shall be made available only after 
submission to Congress of a formal budget request by the President that 
includes designation of the entire amount of the request as an 
emergency requirement as defined in the Balanced Budget and Emergency 
Deficit Control Act of 1985, are hereby repealed.
    For making payments under title XXVI of the Omnibus Budget 
Reconciliation Act of 1981, $300,000,000 to be available for obligation 
in the period of October 1, 1996 through September 30, 1997: Provided, 
That all of the funds available under this paragraph are hereby 
designated by Congress to be emergency requirements pursuant to section 
251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act 
of 1985: Provided further, That these funds shall be made available 
only after submission to Congress of a formal budget request by the 
President that includes designation of the entire amount of the request 
as an emergency requirement as defined in the Balanced Budget and 
Emergency Deficit Control Act of 1985.
    For making payments under title XXVI of the Omnibus Budget 
Reconciliation Act of 1981, $1,000,000,000, to be available for 
obligation in the period October 1, 1997 through September 30, 1998.

                     refugee and entrant assistance

    For making payments for refugee and entrant assistance activities 
authorized by title IV of the Immigration and Nationality Act and 
section 501 of the Refugee Education Assistance Act of 1980 (Public Law 
96-422), <DELETED>$412,076,000 </DELETED>$385,609,000: Provided, That 
funds appropriated pursuant to section 414(a) of the Immigration and 
Nationality Act under Public Law 103-333 for fiscal year 1995 shall be 
available for the costs of assistance provided and other activities 
conducted in such year and in fiscal years 1996 and 1997.

                 child care and development block grant

    For carrying out sections 658A through 658R of the Omnibus Budget 
Reconciliation Act of 1981 (The Child Care and Development Block Grant 
Act of 1990), $950,000,000<DELETED>,-which shall be available for 
obligation under the same statutory terms and conditions applicable in 
the prior fiscal year</DELETED>, of which $937,000,000 shall become 
available on October 1, 1997, and shall remain available through 
September 30, 1998: Provided, That <DELETED>$13,000,000 
</DELETED>$19,120,000 shall become available for obligation on October 
1, 1996 for child care resource and referral and school-age child care 
activities, of which, $6,120,000 shall be derived from an amount that 
shall be transferred from the amount appropriated under section 452(j) 
of the Social Security Act (42 U.S.C. 652(j)) for fiscal year 1996 and 
remaining available for expenditure.

                      social services block grant

    For making grants to States pursuant to section 2002 of the Social 
Security Act, <DELETED>$2,480,000,000: Provided, That notwithstanding 
section 2003(c) of such Act, the amount specified for allocation under 
such section for fiscal year 1997 shall be $2,480,000,000 
</DELETED>$2,240,000,000: Provided, That notwithstanding section 
2003(c) of such Act, as amended, the amount specified for allocation 
under such section for fiscal year 1997 shall be $2,240,000,000.

                children and families services programs

                         (including rescission)

    For carrying out, except as otherwise provided, the Runaway and 
Homeless Youth Act, the Developmental Disabilities Assistance and Bill 
of Rights Act, the Head Start Act, the Child Abuse Prevention and 
Treatment Act, the Temporary Child Care for Children with Disabilities 
and Crisis Nurseries Act of 1986, section 429A, part B of title IV of 
the Social Security Act, section 413 of Public Law 104-193, the Family 
Violence Prevention and Services Act, the Native American Programs Act 
of 1974, title II of Public Law 95-266 (adoption opportunities), the 
Abandoned Infants Assistance Act of 1988, and part B(1) of title IV of 
the Social Security Act; for making payments under the Community 
Services Block Grant Act; and for necessary administrative expenses to 
carry out said Acts and titles I, IV, X, XI, XIV, XVI, and XX of the 
Social Security Act, the Act of July 5, 1960 (24 U.S.C. ch. 9), the 
Omnibus Budget Reconciliation Act of 1981, title IV of the Immigration 
and Nationality Act, section 501 of the Refugee Education Assistance 
Act of 1980, and section 126 and titles IV and V of Public Law 100-485, 
<DELETED>$4,854,036,000 (increased by $2,399,000), of which 
$531,941,000 </DELETED>$4,806,434,000 of which $461,432,000 shall be 
for making payments under the Community Services Block Grant Act: 
Provided, That to the extent Community Services Block Grant funds are 
distributed as grant funds by a State to an eligible entity as provided 
under the Act, and have not been expended by such entity, they shall 
remain with such entity for carryover into the next fiscal year for 
expenditure by such entity consistent with program purposes: Provided 
further, That of the amount appropriated for fiscal year 1997 under 
section 672(a) of the Community Services Block Grant Act, the Secretary 
shall use up to one percent of the funds available to correct 
allocation errors that occurred in fiscal year 1995 and fiscal year 
1996 to ensure that the minimum allotment to each State for each of 
fiscal years 1995 and 1996 would be $2,222,460: Provided further, That 
no more than one-half of one percent of the funds available under 
section 672(a) shall be used for the purposes of section 674(a) of the 
Community Services Block Grant Act.
    In addition, <DELETED>$27,358,000 </DELETED>$82,000,000, to be 
derived from the Violent Crime Reduction Trust Fund, for carrying out 
sections <DELETED>40155, 40211 and 40241 of Public Law 103-322, 
</DELETED>30401, 40155, 40211 and 40241 of Public Law 103-322, of which 
$12,800,000 shall be available for the Community Schools Youth Services 
and Supervision Grant Program; $8,000,000 for Education and Prevention 
Grants to Reduce Sexual Abuse of Runaway, Homeless, and Street Youth; 
$1,200,000 for the National Domestic Violence Hotline; and $60,000,000 
for grants to Battered Women's Shelters.
    Funds appropriated for fiscal year 1996 and fiscal year 1997 under 
section 429A(e), part B of title IV of the Social Security Act shall be 
reduced by $6,000,000 in each such year.
    Funds appropriated for fiscal year 1997 under section 413(h)(1) of 
Public Law 104-193 shall be reduced by $15,000,000.

                    family preservation and support

    For carrying out section 430 of the Social Security Act, 
$240,000,000.

       payments to states for foster care and adoption assistance

    For making payments to States or other non-Federal entities, under 
title IV-E of the Social Security Act, $4,445,031,000.
    For making payments to States or other non-Federal entities, under 
title IV-E of the Social Security Act, for the first quarter of fiscal 
year 1998, $1,111,000,000.

                        Administration on Aging

                        aging services programs

    For carrying out, to the extent not otherwise provided, the Older 
Americans Act of 1965, as amended, <DELETED>$810,545,000 
</DELETED>$830,168,000: Provided, That notwithstanding section 
308(b)(1) of such Act, the amounts available to each State for 
administration of the State plan under title III of such Act shall be 
reduced not more than 5 percent below the amount that was available to 
such State for such purpose for fiscal year 1995: Provided further, 
That in considering grant applications for nutrition services for elder 
Indian recipients, the Assistant Secretary shall provide maximum 
flexibility to applicants who seek to take into account subsistence, 
local customs and other characteristics that are appropriate to the 
unique cultural, regional and geographic needs of the American Indian, 
Alaskan and Hawaiian native communities to be served.

                        Office of the Secretary

                    general departmental management

    For necessary expenses, not otherwise provided, for general 
departmental management, including hire of six sedans, and for carrying 
out titles III, XVII, and XX of the Public Health Service Act, 
<DELETED>$148,999,000 </DELETED>$153,837,000, together with $5,851,000, 
to be transferred and expended as authorized by section 201(g)(1) of 
the Social Security Act from the Hospital Insurance Trust Fund and the 
Supplemental Medical Insurance Trust Fund<DELETED>:-Provided, That of 
the funds made available under this heading for carrying out title XVII 
of the Public Health Service Act, $11,500,000 shall be available until 
expended for extramural construction</DELETED>: Provided, That 
notwithstanding section 2010(b) and (c) under title XX of the Public 
Health Service Act, as amended, of the funds made available under this 
heading, $9,368,000 shall be for activities specified under section 
2003(b)(2) of title XX of the Public Health Service Act, as amended, 
and of which $7,500,000 shall be for prevention grants under section 
510(b)(2) of title V of the Social Security Act, as amended.

                      office of inspector general

    For expenses necessary for the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $29,399,000, together with any funds, to remain available 
until expended, that represent the equitable share from the forfeiture 
of property in investigations in which the Office of Inspector General 
participated, and which are transferred to the Office of the Inspector 
General by the Department of Justice, the Department of the Treasury, 
or the United States Postal Service.

                        office for civil rights

    For expenses necessary for the Office for Civil Rights, 
<DELETED>$16,066,000 </DELETED>$16,366,000, together with not to exceed 
$3,314,000, to be transferred and expended as authorized by section 
201(g)(1) of the Social Security Act from the Hospital Insurance Trust 
Fund and the Supplemental Medical Insurance Trust Fund.

                            policy research

    For carrying out, to the extent not otherwise provided, research 
studies under section 1110 of the Social Security Act, $9,000,000.

                           GENERAL PROVISIONS

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

                          (transfer of funds)

    Sec. 207. Of the funds appropriated or otherwise made available for 
the Department of Health and Human Services, General Departmental 
Management, for fiscal year 1997, the Secretary of Health and Human 
Services shall transfer to the Office of the Inspector General such 
sums as may be necessary for any expenses with respect to the provision 
of security protection for the Secretary of Health and Human Services.
    Sec. 208. None of the funds appropriated in this Act may be 
obligated or expended for the Federal Council on Aging under the Older 
Americans Act or the Advisory Board on Child Abuse and Neglect under 
the Child Abuse Prevention and Treatment Act.

                          (transfer of funds)

    Sec. 209. Not to exceed 1 percent of any discretionary funds 
(pursuant to the Balanced Budget and Emergency Deficit Control Act, as 
amended) which are appropriated for the current fiscal year for the 
Department of Health and Human Services in this Act may be transferred 
between appropriations, but no such appropriation shall be increased by 
more than 3 percent by any such transfer: Provided, That the 
Appropriations Committees of both Houses of Congress are notified at 
least fifteen days in advance of any transfer.

                 <DELETED>(transfer of funds)</DELETED>

<DELETED>    Sec. 210. The Director of the National Institutes of 
Health, jointly with the Director of the Office of AIDS Research, may 
transfer up to 3 percent among institutes, centers, and divisions from 
the total amounts identified by these two Directors as funding for 
research pertaining to the human immunodeficiency virus: Provided, That 
the Congress is promptly notified of the transfer.</DELETED>
<DELETED>    Sec. 211. None of the funds made available in this Act may 
be used by the National Institutes of Health to provide grants or 
cooperative agreements under the SBIR program under section 9(f) of 
Public Law 85-536 for research proposals when it is made known to the 
Federal official having authority to obligate or expend such funds that 
(in the process of technical and scientific peer review under section 
492 of the Public Health Service Act) the median of the evaluation 
scores for the proposals in the review cycle involved is higher than 
the median of the evaluation scores in such review cycle for RO1 
proposals.</DELETED>
<DELETED>    Sec. 212. Extension of Moratorium.--Section 6408(a)(3) of 
the Omnibus Budget Reconciliation Act of 1989, as amended by section 
13642 of the Omnibus Budget Reconciliation Act of 1993, is amended by 
striking ``December 31, 1995'' and inserting ``December 31, 2000, or 
the first day of the first quarter on which the Medigrant plan for the 
State of Michigan is effective under title XIX of such 
Act.''.</DELETED>
<DELETED>    Sec. 213. (a) The Secretary of Health and Human Services 
may in accordance with this section provide for the relocation of the 
Federal facility known as the Gillis W. Long Hansen's Disease Center 
(located in the vicinity of Carville, in the State of Louisiana), 
including the relocation of the patients of the Center.</DELETED>
<DELETED>    (b)(1) Subject to entering into a contract in accordance 
with subsection (c), in relocating the Center the Secretary may on 
behalf of the United States transfer to the State of Louisiana, without 
charge, title to the real property and improvements that (as of the 
date of the enactment of this Act) constitute the Center. Such real 
property is a parcel consisting of approximately 330 acres. The exact 
acreage and legal description used for purposes of the transfer shall 
be in accordance with a survey satisfactory to the Secretary.</DELETED>
<DELETED>    (2) Any conveyance under paragraph (1) is not effective 
unless the conveyance specifies that, if the State of Louisiana engages 
in a material breach of the contract under subsection (c), title to the 
real property and improvements involved reverts to the United States at 
the election of the Secretary.</DELETED>
<DELETED>    (c) The transfer described in subsection (b) may be made 
only if, before the transfer is made, the Secretary and the State enter 
into a contract whose provisions are in accordance with the 
following:</DELETED>
        <DELETED>    (1) During the 30-year period beginning on the 
        date on which the transfer is made, the real property and 
        improvements referred to in subsection (b) (referred to in this 
        subsection as the ``transferred property'') will be used 
        exclusively for purposes that promote the health or education 
        of the public, with such incidental exceptions as the Secretary 
        may approve, and consistent with the memorandum of 
        understanding signed June 11, 1996 by the Chancellors of 
        Louisiana State University and Southern University.</DELETED>
        <DELETED>    (2) For purposes of monitoring the extent to which 
        the transferred property is being used in accordance with 
        paragraph (1), the Secretary will have access to such documents 
        as the Secretary determines to be necessary, and the Secretary 
        may require the advance approval of the Secretary for such 
        contracts, conveyances of real or personal property, or other 
        transactions as the Secretary determines to be 
        necessary.</DELETED>
        <DELETED>    (3) The relocation of patients from the 
        transferred property will be completed not later than 3 years 
        after the date on which the transfer is made, except to the 
        extent the Secretary determines that relocating particular 
        patients is not feasible. During the period of relocation, the 
        Secretary will have unrestricted access to the transferred 
        property, and after such period will have such access as may be 
        necessary with respect to the patients who pursuant to the 
        preceding sentence are not relocated.</DELETED>
        <DELETED>    (4) The Secretary will provide for the 
        continuation at the transferred property of the projects 
        (underway as of the date of the enactment of this Act) to make 
        repairs and to make energy-related improvements, subject to the 
        availability of appropriations to carry out the 
        projects.</DELETED>
        <DELETED>    (5) The contract disposes of issues regarding 
        access to the cemetery located on the transferred property, and 
        the establishment of a museum regarding memorabilia relating to 
        the use of the property to care for patients with Hansen's 
        disease.</DELETED>
        <DELETED>    (6) In the case of each individual who as of the 
        date of the enactment of this Act is a Federal employee at the 
        transferred property with management, engineering, or dietary 
        duties:</DELETED>
                <DELETED>    (A) The State will provide the individual 
                with the right of first refusal to an employment 
                position with the State with substantially the same 
                type of duties as the individual performed in his or 
                her most recent position at the transferred 
                property.</DELETED>
                <DELETED>    (B) If the individual becomes an employee 
                of the State pursuant to subparagraph (A), the State 
                will make payments in accordance with subsection 
                (d)(3)(B) (relating to disability), as applicable with 
                respect to the individual.</DELETED>
        <DELETED>    (7) The contract contains such additional 
        provisions as the Secretary determines to be necessary to 
        protect the interests of the United States, and the Secretary 
        shall have final approval over the terms of the 
        contract.</DELETED>
<DELETED>    (d)(1) This subsection applies if the transfer under 
subsection (b) is made.</DELETED>
<DELETED>    (2) In the case of each individual who as of the date of 
the enactment of this Act is a Federal employee with a position at the 
Center and is, for duty at the Center, receiving the pay differential 
under section 5545(d) of title 5, United States Code:</DELETED>
        <DELETED>    (A) If as of the date of the transfer under 
        subsection (b) the individual is eligible for an annuity under 
        section 8336 or 8412 of title 5, United States Code, then once 
        the individual separates from the service and thereby becomes 
        entitled to receive the annuity, the pay differential shall be 
        excluded from the computation of the annuity unless the 
        individual separated from the service not later than 30 days 
        after the date on which the transfer was made.</DELETED>
        <DELETED>    (B) If the individual is not eligible for such an 
        annuity as of the date of the transfer under subsection (b) but 
        subsequently does become eligible, then once the individual 
        separates from the service and thereby becomes entitled to 
        receive the annuity, the pay differential shall be excluded 
        from the computation of the annuity unless the individual 
        separated from the service not later than 30 days after the 
        date on which the individual first became eligible for the 
        annuity.</DELETED>
        <DELETED>    (C) For purposes of this paragraph, the individual 
        is eligible for the annuity if the individual meets all 
        conditions under such section 8336 or 8412 to be entitled to 
        the annuity, except the condition that the individual be 
        separated from the service.</DELETED>
<DELETED>    (3) In the case of each individual who as of the date of 
the enactment of this Act is a Federal employee at the Center with 
management, engineering, or dietary duties, and who becomes an employee 
of the State pursuant to subsection (c)(6)(A):</DELETED>
        <DELETED>    (A) The provisions of subchapter III of chapter 83 
        of title 5, United States Code, or of chapter 84 of such title, 
        whichever is applicable, that relate to disability shall be 
        considered to remain in effect with respect to the individual 
        (subject to subparagraph (C)) until the earlier of--</DELETED>
                <DELETED>    (i) the expiration of the 2-year period 
                beginning on the date on which the transfer under 
                subsection (b) is made; or</DELETED>
                <DELETED>    (ii) the date on which the individual 
                first meets all conditions for coverage under a State 
                program for payments during retirement by reason of 
                disability.</DELETED>
        <DELETED>    (B) The payments to be made by a State pursuant to 
        subsection (c)(6)(B) with respect to the individual are 
        payments to the Civil Service Retirement and Disability Fund, 
        if the individual is receiving Federal disability coverage 
        pursuant to subparagraph (A). Such payments are to be made in a 
        total amount equal to that portion of the normal-cost 
        percentage (determined through the use of dynamic assumptions) 
        of the basic pay of the individual that is allocable to such 
        coverage and is paid for service performed during the period 
        for which such coverage is in effect. Such amount is to be 
        determined in accordance with chapter 84 of such title 5, is to 
        be paid at such time and in such manner as mutually agreed by 
        the State and the Office of Personnel Management, and is in 
        lieu of individual or agency contributions otherwise 
        required.</DELETED>
        <DELETED>    (C) In the determination pursuant to subparagraph 
        (A) of whether the individual is eligible for Federal 
        disability coverage (during the applicable period of time under 
        such subparagraph), service as an employee of the State after 
        the date of the transfer under subsection (b) shall be counted 
        toward the service requirement specified in the first sentence 
        of section 8337(a) or 8451(a)(1)(A) of such title 5 (whichever 
        is applicable).</DELETED>
<DELETED>    (e) The following provisions apply if under subsection (a) 
the Secretary makes the decision to relocate the Center:</DELETED>
        <DELETED>    (1) The site to which the Center is relocated 
        shall be in the vicinity of Baton Rouge, in the State of 
        Louisiana.</DELETED>
        <DELETED>    (2) The facility involved shall continue to be 
        designated as the Gillis W. Long Hansens's Disease 
        Center.</DELETED>
        <DELETED>    (3) The Secretary shall make reasonable efforts to 
        inform the patients of the Center with respect to the planning 
        and carrying out of the relocation.</DELETED>
        <DELETED>    (4) In the case of each individual who as of 
        October 1, 1996, is a patient of the Center and is receiving 
        long-term care (referred to in this subsection as an ``eligible 
        patient''), the Secretary shall continue to provide for the 
        long-term care of the eligible patient, without charge, for the 
        remainder of the life of the patient. Of the amounts 
        appropriated for a fiscal year for the Public Health Service, 
        the Secretary shall make available such amounts as may be 
        necessary to carry out the preceding sentence.</DELETED>
        <DELETED>    (5) Except in the case of an eligible patient for 
        whom it is not feasible to relocate for purposes of subsection 
        (c)(3), each eligible patient may make an irrevocable choice of 
        one of the following long-term care options:</DELETED>
                <DELETED>    (A) For the remainder of his or her life, 
                the patient may reside at the Center.</DELETED>
                <DELETED>    (B) For the remainder of his or her life, 
                the patient may elect to receive payments each year in 
                an annual amount of $33,000 (adjusted for fiscal year 
                1998 and each subsequent fiscal year to the extent 
                necessary to offset inflation occurring after October 
                1, 1996), which payments are in complete discharge of 
                the obligation of the Federal Government under 
                paragraph (4). If the individual makes the election 
                under the preceding sentence, the Federal Government 
                does not under such paragraph have any responsibilities 
                regarding the daily life of the patient, other than 
                making such payments.</DELETED>
        <DELETED>    (6) The Secretary shall provide to each eligible 
        patient such information and time as may be necessary for the 
        patient to make an informed decision regarding the options 
        under paragraph (5).</DELETED>
<DELETED>    (f) For purposes of this section:</DELETED>
        <DELETED>    (1) The term ``Center'' means the Gillis W. Long 
        Hansen's Disease Center.</DELETED>
        <DELETED>    (2) The term ``Secretary'' means the Secretary of 
        Health and Human Services.</DELETED>
        <DELETED>    (3) The term ``State'' means the State of 
        Louisiana.</DELETED>
<DELETED>    (g) Section 320 of the Public Health Service Act (42 
U.S.C. 247e) is amended by striking the section designation and all 
that follows and inserting the following:</DELETED>
<DELETED>    ``Sec. 320. (a)(1) At the Gillis W. Long Hansen's Disease 
Center (located in the State of Louisiana), the Secretary shall without 
charge provide short-term care and treatment, including outpatient 
care, for Hansen's disease and related complications to any person 
determined by the Secretary to be in need of such care and 
treatment.</DELETED>
<DELETED>    ``(2) The Center referred to in paragraph (1) shall 
conduct training in the diagnosis and management of Hansen's disease 
and conduct and promote the coordination of research, investigations, 
demonstrations, and studies relating to the causes, diagnosis, 
treatment, control, and prevention of Hansen's disease and the 
complications of such disease.</DELETED>
<DELETED>    ``(3) Paragraph (1) is subject to section 213 of the 
Department of Health and Human Services Appropriations Act, 
1997.</DELETED>
<DELETED>    ``(b) In addition to the Center referred to in subsection 
(a), the Secretary may establish sites regarding persons with Hansen's 
disease. Each such site shall provide for the outpatient care and 
treatment for Hansen's disease to any person determined by the 
Secretary to be in need of such care and treatment.</DELETED>
<DELETED>    ``(c) The Secretary shall make payments to the Board of 
Health of the State of Hawaii for the care and treatment (including 
outpatient care) in its facilities of persons suffering from Hansen's 
disease at a rate determined by the Secretary. The rate shall be 
approximately equal to the operating cost per patient of such 
facilities, except that the rate may not exceed the comparable costs 
per patient with Hansen's disease for care and treatment provided by 
the Center referred to in subsection (a). Payments under this 
subsection are subject to the availability of appropriations for such 
purpose.''.</DELETED>
<DELETED>    Sec. 214. (a) None of the funds made available in this Act 
or any other Act may be used to make any award of a grant or contract 
under section 1001 of title X of the Public Health Service Act for 
fiscal year 1997 or any subsequent fiscal year unless the applicant for 
the award agrees that, in operating the voluntary family planning 
project involved, the applicant will comply with the following 
conditions:</DELETED>
        <DELETED>    (1) Priority will be given in the project to the 
        provision of services to individuals from low-income 
        families.</DELETED>
        <DELETED>    (2) An individual will not be charged for services 
        in the project if the family of the individual has a total 
        annual income that is at or below 100 percent of the Federal 
        poverty line, except to the extent that payment will be made by 
        a third party (including a government agency) that is 
        authorized, or is under a legal obligation, to pay the 
        charge.</DELETED>
        <DELETED>    (3) If the family of the individual has a total 
        annual income that exceeds 100 percent of such poverty line but 
        does not exceed 250 percent of the line, the project will 
        impose a charge according to the ability to pay.</DELETED>
        <DELETED>    (4) If the family of the individual has a total 
        annual income that exceeds 250 percent of such poverty line, 
        the project will impose the full charge for the services 
        involved.</DELETED>
        <DELETED>    (5) Subject to paragraphs (1) through (4), the 
        policies of the applicant will ensure that economic status is 
        not a deterrent to participation in the project.</DELETED>
<DELETED>    (b) None of the funds made available in this Act may be 
expended for the program under section 1001 of title X of the Public 
Health Service Act after the expiration of the 180-day period beginning 
on the date of the enactment of this Act unless the Secretary of Health 
and Human Services submits to the Congress, not later than such date of 
expiration, a report providing, to the extent that the information is 
available to the Secretary, the following information for the most 
recent fiscal year for which the information is available:</DELETED>
        <DELETED>    (1) The number of individuals who receive family 
        planning services through voluntary family planning projects 
        under such section 1001, and the demographic characteristics of 
        the individuals.</DELETED>
        <DELETED>    (2) The types of family planning services chosen 
        by recipients of services from such projects.</DELETED>
        <DELETED>    (3) The number of individuals served by such 
        projects who are--</DELETED>
                <DELETED>    (A) at risk of unintended pregnancy; 
                and</DELETED>
                <DELETED>    (B) from a family with a total annual 
                income not exceeding 250 percent.</DELETED>
        <DELETED>    (4) The extent to which the availability of family 
        planning services from such projects has, among individuals 
        served by the projects, reduced the number of unintended 
        pregnancies, reduced the number of abortions, and reduced the 
        number of cases of sexually transmitted diseases.</DELETED>
        <DELETED>    (5) The extent to which the availability of family 
        planning services from such projects has reduced Federal and 
        State expenditures for--</DELETED>
                <DELETED>    (A) the program under title XIX of the 
                Social Security Act (commonly known as the Medicaid 
                program); and</DELETED>
                <DELETED>    (B) the programs under title IV of such 
                Act (commonly referred to as welfare 
                programs).</DELETED>
<DELETED>    Sec. 215. Amounts available in this title for 
congressional and legislative affairs, public affairs, and 
intergovernmental affairs activities are hereby reduced by 
$2,000,000.</DELETED>
    Sec. 216. Not later than January 1, 1997, the Administrator of the 
Health Care Financing Administration, with the advice and technical 
assistance of the Agency for Health Care Policy Research, shall 
transmit to the appropriate committees of the Congress a report 
including--
            (1) a review of all available studies and research data on 
        the treatment of end-stage emphysema and chronic obstructive 
        pulmonary disease by both unilateral and bilateral lung volume 
        reduction surgery, involving both invasive and noninvasive 
        surgery and supplemental surgical methods, including laser 
        applications; and
            (2) a recommendation, based on such review, as to the 
        appropriateness of Medicare coverage of such procedures and the 
        conditions, if necessary, that facilities and physicians should 
        be required to meet, to ensure the efficacy of such procedures, 
        as more detailed clinical studies are conducted.
    Sec. 217. Section 304(a)(1) of the Family Violence Prevention and 
Services Act (42 U.S.C. 10403(a)(1)) is amended by striking 
``$200,000'' and inserting ``$400,000''.
    Sec. 218. The new clinical research center at the National 
Institutes of Health is hereby named the Mark O. Hatfield Clinical 
Research and Patient Care Center.
    This title may be cited as the ``Department of Health and Human 
Services Appropriations Act, 1997''.

                   TITLE III--DEPARTMENT OF EDUCATION

                            education reform

    For carrying out activities authorized <DELETED>by the School-to-
Work Opportunities Act, $175,000,000, which shall become available on 
July 1, 1997, and remain available through September 30, 1998 
</DELETED>by titles III and IV of the Goals 2000: Educate America Act 
and the School-to-Work Opportunities Act, $535,000,000, of which 
$340,000,000 for the Goals 2000: Educate America Act and $180,000,000 
for the School-to-Work Opportunities Act shall become available on July 
1, 1997, and remain available through September 30, 1998.

                    education for the disadvantaged

    For carrying out title I of the Elementary and Secondary Education 
Act of 1965, <DELETED>$7,204,130,000 (increased by $20,000,000) 
(increased by $1,000,000) </DELETED>$7,225,249,000, of which 
<DELETED>$5,895,244,000 (increased by $20,000,000) (increased by 
$1,000,000) </DELETED>$6,544,152,000 shall become available on July 1, 
1997, and shall remain available through September 30, 1998, and of 
which <DELETED>$1,298,386,000 </DELETED>$670,597,000 shall become 
available on October 1, 1997 and shall remain available through 
September 30, 1998, for academic year 1997-1998: Provided, That 
$6,042,766,000 <DELETED>(increased by $1,000,000) </DELETED>shall be 
available for basic grants under section 1124: Provided further, That 
up to $3,500,000 of these funds shall be available to the Secretary on 
October 1, 1996, to obtain updated local-educational-agency-level 
census poverty data from the Bureau of the Census: Provided further, 
That $684,082,000 <DELETED>(increased by $20,000,000) </DELETED>shall 
be available for concentration grants under section 1124(A) and 
$7,000,000 shall be available for evaluations under section 1501.

                               impact aid

    For carrying out programs of financial assistance to federally 
affected schools authorized by title VIII of the Elementary and 
Secondary Education Act of 1965, <DELETED>$728,000,000 
</DELETED>$703,000,000, of which <DELETED>$615,500,000 
</DELETED>$591,707,000 shall be for basic support payments under 
section 8003(b), $40,000,000 shall be for payments for children with 
disabilities under section 8003(d), $50,000,000, to remain available 
until expended, shall be for payments under section 8003(f), $5,000,000 
shall be for construction under section 8007, and <DELETED>$17,500,000 
</DELETED>$16,293,000 shall be for Federal property payments under 
section 8002.

                      school improvement programs

    For carrying out school improvement activities authorized by titles 
II, IV-A-1 and 2, V-A and B, VI, IX, X and XIII of the Elementary and 
Secondary Education Act of 1965; the Stewart B. McKinney Homeless 
Assistance Act; and the Civil Rights Act of 1964; 
<DELETED>$1,235,383,000 </DELETED>$1,318,631,000 of which 
<DELETED>$1,071,495,000 </DELETED>$1,105,478,000 shall become available 
on July 1, 1997, and remain available through September 30, 1998: 
Provided, That of the amount appropriated, <DELETED>$606,517,000 
</DELETED>$275,000,000 shall be for Eisenhower professional development 
State grants under title II-B and $275,000,000 shall be for  innovative 
education program strategies State grants under title VI-A<DELETED>:-
Provided further, That the percentage of the funds appropriated under 
this heading for innovative education program strategies State grants 
that are allocated to any State or territory shall not be less than the 
percentage allocated to such State or territory from the total of the 
funds appropriated in appropriation laws for fiscal year 1996 for the 
combined totals of such grants plus Eisenhower professional development 
State grants, foreign language assistance grants, and the star schools 
program</DELETED>.

                   bilingual and immigrant education

    For carrying out, to the extent not otherwise provided, 
<DELETED>bilingual </DELETED>bilingual, foreign language and immigrant 
education activities authorized by parts A and C <DELETED>of 
</DELETED>and section 7203 of title VII of the Elementary and Secondary 
Education Act, without regard to section 7103(b), <DELETED>$167,190,000 
</DELETED>$185,000,000, of which $50,000,000 shall be for immigrant 
education programs authorized by part C: Provided, That State 
educational agencies may use all, or any part of, their part C 
allocation for competitive grants to local educational agencies: 
Provided further, That the Department of Education should only support 
instructional programs which ensure that students completely master 
English in a timely fashion (a period of three to five years) while 
meeting rigorous achievement standards in the academic content areas.

                           special education

    For carrying out parts B, C, D, E, F, G, and H and section 
610(j)(2)(C) of the Individuals with Disabilities Education Act 
<DELETED>(except part I)</DELETED>, <DELETED>$3,246,315,000 
</DELETED>$3,262,315,000, of which <DELETED>$3,000,000,000 
</DELETED>$3,010,000,000 shall become available for obligation on July 
1, 1997, and shall remain available through September 30, 1998: 
Provided, That the Republic of the Marshall Islands, the Federated 
States of Micronesia, and the Republic of Palau shall continue to be 
eligible to receive funds under the Individuals with Disabilities 
Education Act consistent with the provisions of Public Law 104-134: 
Provided further, That the entities that received competitive awards 
funds under section 611 of the Individuals with Disabilities Education 
Act in accordance with the competition required in Public Law 104-134 
shall continue to be funded, without competition, in the same amounts 
as under Public Law 104-134.

            rehabilitation services and disability research

    For carrying out, to the extent not otherwise provided, the 
Rehabilitation Act of 1973, the Technology-Related Assistance for 
Individuals with Disabilities Act, and the Helen Keller National Center 
Act, as amended, <DELETED>$2,509,447,000 </DELETED>$2,516,447,000.

           Special Institutions for Persons With Disabilities

                 american printing house for the blind

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

               national technical institute for the deaf

    For the National Technical Institute for the Deaf under titles I 
and II of the Education of the Deaf Act of 1986 (20 U.S.C. 4301 et 
seq.), $43,041,000: Provided, That from the amount available, the 
Institute may at its discretion use funds for the endowment program as 
authorized under section 207.

                          gallaudet university

    For the Kendall Demonstration Elementary School, the Model 
Secondary School for the Deaf, and the partial support of Gallaudet 
University under titles I and II of the Education of the Deaf Act of 
1986 (20 U.S.C. 4301 et seq.), $79,182,000: Provided, That from the 
amount available, the University may at its discretion use funds for 
the endowment program as authorized under section 207.

                     vocational and adult education

    For carrying out, to the extent not otherwise provided, the Carl D. 
Perkins Vocational and Applied Technology Education <DELETED>Act and 
</DELETED>Act, the Adult Education Act, <DELETED>$1,329,669,000, of 
which $1,326,750,000 </DELETED>and the National Literacy Act of 1991, 
$1,341,752,000, of which $4,860,000 shall be for the National Institute 
for Literacy; and of which $1,338,833,000 shall become available on 
July 1, 1997 and shall remain available through September 30, 1998: 
Provided, That of the amounts made available under the Carl D. Perkins 
Vocational and Applied Technology Education Act, $4,500,000 shall be 
for national programs under title IV without regard to section 451: 
Provided further, That the Secretary may reserve up to $5,000,000 under 
section 313(d) of the Adult Education Act for activities carried out 
under section 383 of that Act: Provided further, That no funds shall be 
awarded to a State Council under section 112(f) of the Carl D. Perkins 
Vocational and Applied Technology Education Act, and no State shall be 
required to operate such a Council.

                      student financial assistance

    For carrying out subparts <DELETED>1 and 3 </DELETED>1, 3, and 4 of 
part A, part C and part E of title IV of the Higher Education Act of 
1965, as amended, <DELETED>$6,630,407,000 </DELETED>$6,642,830,000, 
which shall remain available through September 30, 1998.
    The maximum Pell Grant for which a student shall be eligible during 
award year 1997-1998 shall be $2,500: Provided, That notwithstanding 
section 401(g) of the Act, if the Secretary determines, prior to 
publication of the payment schedule for such award year, that the 
amount included within this appropriation for Pell Grant awards in such 
award year, and any funds available from the fiscal year 1996 
appropriation for Pell Grant awards, are insufficient to satisfy fully 
all such awards for which students are eligible, as calculated under 
section 401(b) of the Act, the amount paid for each such award shall be 
reduced by either a fixed or variable percentage, or by a fixed dollar 
amount, as determined in accordance with a schedule of reductions 
established by the Secretary for this purpose.

             federal family education loan program account

    For Federal administrative expenses to carry out guaranteed student 
loans authorized by title IV, part B, of the Higher Education Act, as 
amended, $29,977,000.

                            higher education

    For carrying out, to the extent not otherwise provided, parts A and 
B of title III, without regard to section 360(a)(1)(B)(ii), titles IV, 
V, VI, VII, and IX, part A and subpart 1 of part B of title X, and 
title XI of the Higher Education Act of 1965, as amended, Public Law 
102-423 and the Mutual Educational and Cultural Exchange Act of 1961; 
<DELETED>$829,497,000 </DELETED>$852,269,000, of which $15,673,000 for 
interest subsidies under title VII of the Higher Education Act, as 
amended, shall remain available until expended: Provided, That funds 
available for part D of title IX of the Higher Education Act shall be 
available to fund noncompeting continuation awards for academic year 
1997-1998 for fellowships awarded originally under <DELETED>parts B and 
C </DELETED>part B of title IX of said Act, under the terms and 
conditions of <DELETED>parts B and C, respectively </DELETED>part B: 
Provided further, That $5,931,000 of the funds available for part D of 
title IX of the Higher Education Act shall be available to fund new and 
noncompeting continuation awards for academic year 1997-1998 for 
fellowships awarded under part C of title IX of said Act, under the 
terms and conditions of part C: Provided further, That notwithstanding 
sections 419D, 419E, and 419H of the Higher Education Act, as amended, 
scholarships made under title IV, part A, subpart 6 shall be prorated 
to maintain the same number of new scholarships in fiscal year 1997 as 
in fiscal year 1996: Provided further, That $3,000,000, to remain 
available until expended, shall be for the George H.W. Bush fellowship 
program, if authorized by April 1, 1997: Provided further, That 
$3,000,000, to remain available until expended, shall be for the Edmund 
S. Muskie Foundation to establish an endowment fund to provide income 
to support such foundation on a continuing basis, if authorized by 
April 1, 1997.

                           howard university

    For partial support of Howard University (20 U.S.C. 121 et seq.), 
<DELETED>$187,348,000 </DELETED>$189,000,000: Provided, That from the 
amount available, the University may at its discretion use funds for 
the endowment program as authorized under the Howard University 
Endowment Act (Public Law 98-480).

                   higher education facilities loans

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

         college housing and academic facilities loans program

    For administrative expenses to carry out the existing direct loan 
program of college housing and academic facilities loans entered into 
pursuant to title VII, part C, of the Higher Education Act, as amended, 
$698,000.

                         college housing loans

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

 historically black college and university capital financing, program 
                                account

    The total amount of bonds insured pursuant to section 724 of title 
VII, part B of the Higher Education Act shall not exceed $357,000,000, 
and the cost, as defined in section 502 of the Congressional Budget Act 
of 1974, of such bonds shall not exceed zero.
    For administrative expenses to carry out the Historically Black 
College and University Capital Financing Program entered into pursuant 
to title VII, part B of the Higher Education Act, as amended, $104,000.

            education research, statistics, and improvement

    For carrying out activities authorized by the Educational Research, 
Development, Dissemination, and Improvement Act of 1994 including part 
E; the National Education Statistics Act of 1994; section 
2102<DELETED>(c)(11)</DELETED>, sections 3136 and 3141, parts 
<DELETED>A, </DELETED>B, C, and D of title III and parts A, B, I, and K 
and section 10601 of title X, and part C of title XIII of the 
Elementary and Secondary Education Act of 1965, as amended, and title 
VI of Public Law 103-227, <DELETED>$319,264,000 </DELETED>$350,788,000: 
Provided, That $48,000,000 shall be for sections 3136 and 3141 of the 
Elementary and Secondary Education Act: Provided further, That none of 
the funds appropriated in this paragraph may be obligated or expended 
for the Goals 2000 Community Partnerships Program.

                               libraries

    For carrying out, to the extent not otherwise provided, titles I, 
II, III, and IV of the Library Services and Construction Act, and title 
II-B of the Higher Education Act, <DELETED>$108,000,000, of which 
$2,500,000 shall be for section 222 and $1,000,000 shall be for section 
223 of the Higher Education Act </DELETED>$128,369,000, of which 
$16,369,000 shall be used to carry out the provisions of title II of 
the Library Services and Construction Act and shall remain available 
until expended; and $2,500,000 shall be for section 222 and $5,000,000 
shall be for section 223 of the Higher Education Act: Provided, That 
$1,000,000 shall be competitively awarded to a nonprofit regional 
social tolerance resource center, operating tolerance tools and 
prejudice reduction programs and multimedia tolerance and genocide 
exhibits.

                        Departmental Management

                         program administration

    For carrying out, to the extent not otherwise provided, the 
Department of Education Organization Act, including rental of 
conference rooms in the District of Columbia and hire of two passenger 
motor vehicles, $320,152,000 <DELETED>(decreased by $20,000,000) 
(decreased by $1,000,000) (reduced by $1,923,000)</DELETED>.

                        office for civil rights

    For expenses necessary for the Office for Civil Rights, as 
authorized by section 203 of the Department of Education Organization 
Act, $54,171,000.

                    office of the inspector general

    For expenses necessary for the Office of the Inspector General, as 
authorized by section 212 of the Department of Education Organization 
Act, <DELETED>$27,143,000 </DELETED>$27,991,000, together with any 
funds, to remain available until expended, that represent the equitable 
share from the forfeiture of property in investigations in which the 
Office of Inspector General participated, and which are transferred to 
the Office of the Inspector General by the Department of Justice, the 
Department of the Treasury, or the United States Postal Service.

                           GENERAL PROVISIONS

    Sec. 301. No funds appropriated in this Act may be used for the 
transportation of students or teachers (or for the purchase of 
equipment for such transportation) in order to overcome racial 
imbalance in any school or school system, or for the transportation of 
students or teachers (or for the purchase of equipment for such 
transportation) in order to carry out a plan of racial desegregation of 
any school or school system.
    Sec. 302. None of the funds contained in this Act shall be used to 
require, directly or indirectly, the transportation of any student to a 
school other than the school which is nearest the student's home, 
except for a student requiring special education, to the school 
offering such special education, in order to comply with title VI of 
the Civil Rights Act of 1964. For the purpose of this section an 
indirect requirement of transportation of students includes the 
transportation of students to carry out a plan involving the 
reorganization of the grade structure of schools, the pairing of 
schools, or the clustering of schools, or any combination of grade 
restructuring, pairing or clustering. The prohibition described in this 
section does not include the establishment of magnet schools.
    Sec. 303. No funds appropriated under this Act may be used to 
prevent the implementation of programs of voluntary prayer and 
meditation in the public schools.
    Sec. 304. Notwithstanding any other provision of law, funds 
available under section 458 of the Higher Education Act shall not 
exceed <DELETED>$420,000,000 </DELETED>$440,000,000 for fiscal year 
1997. The Department of Education shall use <DELETED>at least 
$134,000,000 for payment of administrative cost allowances owed to 
guaranty agencies for fiscal years 1996 and 1997. The Department of 
Education shall pay administrative cost allowances to guaranty 
agencies, to be paid quarterly</DELETED> $80,000,000 of the amounts 
provided for payment of administrative cost allowances to guaranty 
agencies for fiscal year 1996. For fiscal year 1997, the Department of 
Education shall pay administrative costs to guaranty agencies, 
calculated on the basis of 0.85 percent of the total principal amount 
of loans upon which insurance was issued on or after October 1, 1996: 
Provided, That such administrative costs shall be paid only on the 
first $8,200,000,000 of the principal amount of loans upon which 
insurance was issued on or after October 1, 1996 by such guaranty 
agencies, and shall not exceed a total of $70,000,000. Such payments 
are to be paid quarterly, and receipt of such funds and uses of such 
funds shall be in accordance with section 428(f) of the Higher 
Education Act. Receipt of such funds and uses of such funds by guaranty 
agencies shall be in accordance with section 428(f) of the Higher 
Education Act.
    Notwithstanding section 458 of the Higher Education Act, the 
Secretary may not use funds available under that section or any other 
section for subsequent fiscal years for administrative expenses of the 
William D. Ford Direct Loan Program. The Secretary may not require the 
return of guaranty agency reserve funds during fiscal year 1997, except 
after consultation with both the Chairmen and ranking members of the 
House Economic and Educational Opportunities Committee and the Senate 
Labor and Human Resources Committee. Any reserve funds recovered by the 
Secretary shall be returned to the Treasury of the United States for 
purposes of reducing the Federal deficit.
    No funds available to the Secretary may be used for (1) the hiring 
of advertising agencies or other third parties to provide advertising 
services for student loan programs, or (2) payment of administrative 
fees relating to the William D. Ford Direct Loan Program to 
institutions of higher education.
    Sec. 305. None of the funds appropriated in this Act may be 
obligated or expended to carry out <DELETED>sections 727, 932, and 1002 
</DELETED>section 727 of the Higher Education Act of 1965, and section 
621(b) of Public Law 101-589.

                          (transfer of funds)

    Sec. 306. Not to exceed 1 percent of any discretionary funds 
(pursuant to the Balanced Budget and Emergency Deficit Control Act, as 
amended) which are appropriated for the current fiscal year for the 
Department of Education in this Act may be transferred between 
appropriations, but no such appropriation shall be increased by more 
than 3 percent by any such transfer: Provided, That the Appropriations 
Committees of both Houses of Congress are notified at least fifteen 
days in advance of any transfer.
<DELETED>    Sec. 307. (a) Section 8003(f)(3)(A)(i) of the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 7703(f)(3)(A)(i)) is 
amended--</DELETED>
        <DELETED>    (1) in the matter preceding subclause (I), by 
        striking ``The Secretary'' and all that follows through 
        ``greater of--'' and inserting the following: ``The Secretary, 
        in conjunction with the local educational agency, shall first 
        determine each of the following:'';</DELETED>
        <DELETED>    (2) in each of subclauses (I) through (III), by 
        striking ``the average'' each place it appears the first time 
        in each such subclause and inserting ``The average'';</DELETED>
        <DELETED>    (3) in subclause (I), by striking the semicolon 
        and inserting a period;</DELETED>
        <DELETED>    (4) in subclause (II), by striking ``: or'' and 
        inserting a period; and</DELETED>
        <DELETED>    (5) by adding at the end the following:</DELETED>
                <DELETED>``The local educational agency shall select 
                one of the amounts determined under subclause (I), 
                (II), or (III) for purposes of the remaining 
                computations under this subparagraph.''.</DELETED>
<DELETED>    (b) The amendments made by subsection (a) shall apply with 
respect to fiscal years beginning with fiscal year 1995.</DELETED>
    Sec. 307. Section 487A of the Higher Education Act (20 U.S.C. 1094a 
et seq.) is amended by striking all after the word ``sites'' in 
paragraph (d)(1) and inserting in lieu thereof ``to test alternative 
data verification.''. Paragraph (d)(2) of section 487A is also amended 
by striking all after the word ``site'' and inserting in lieu thereof 
the following: ``from regulations prescribed under this title related 
to application data verification that would bias experimental 
results.''.

  <DELETED>TITLE III-A--WOMEN'S EDUCATIONAL EQUITY INCREASE</DELETED>

<DELETED>    The amount provided in title III for ``School Improvement 
Programs'' (including for activities authorized by title V-B of the 
Elementary and Secondary Education Act of 1965) is increased, and the 
amount provided in title III for ``Education Research, Statistics, and 
Improvement'' is reduced; by $2,000,000, and $2,000,000, 
respectively.</DELETED>
    These titles may be cited as the ``Department of Education 
Appropriations Act, 1997''.

                       TITLE IV--RELATED AGENCIES

                      Armed Forces Retirement Home

    For expenses necessary for the Armed Forces Retirement Home to 
operate and maintain the United States Soldiers' and Airmen's Home and 
the United States Naval Home, to be paid from funds available in the 
Armed Forces Retirement Home Trust Fund, <DELETED>$53,184,000 
</DELETED>$56,204,000, of which $432,000 shall remain available until 
expended for construction and renovation of the physical plants at the 
United States Soldiers' and Airmen's Home and the United States Naval 
Home: Provided, That this appropriation shall not be available for the 
payment of hospitalization of members of the Soldiers' and Airmen's 
Home in United States Army hospitals at rates in excess of those 
prescribed by the Secretary of the Army upon recommendation of the 
Board of Commissioners and the Surgeon General of the Army.

             Corporation for National and Community Service

        domestic volunteer service programs, operating expenses

    For expenses necessary for the Corporation for National and 
Community Service to carry out the provisions of the Domestic Volunteer 
Service Act of 1973, as amended, <DELETED>$202,046,000 (increased by 
$1,923,000) </DELETED>$203,969,000.

                  Corporation for Public Broadcasting

    For payment to the Corporation for Public Broadcasting, as 
authorized by the Communications Act of 1934, an amount which shall be 
available within limitations specified by that Act, for the fiscal year 
1999, $250,000,000: Provided, That no funds made available to the 
Corporation for Public Broadcasting by this Act shall be used to pay 
for receptions, parties, or similar forms of entertainment for 
Government officials or employees: Provided further, That none of the 
funds contained in this paragraph shall be available or used to aid or 
support any program or activity from which any person is excluded, or 
is denied benefits, or is discriminated against, on the basis of race, 
color, national origin, religion, or sex.

               Federal Mediation and Conciliation Service

                         salaries and expenses

    For expenses necessary for the Federal Mediation and Conciliation 
Service to carry out the functions vested in it by the Labor Management 
Relations Act, 1947 (29 U.S.C. 171-180, 182-183), including hire of 
passenger motor vehicles; and for expenses necessary for the Labor-
Management Cooperation Act of 1978 (29 U.S.C. 175a); and for expenses 
necessary for the Service to carry out the functions vested in it by 
the Civil Service Reform Act, Public Law 95-454 (5 U.S.C. chapter 71), 
$32,579,000 including $1,500,000, to remain available through September 
30, 1998, for activities authorized by the Labor-Management Cooperation 
Act of 1978 (29 U.S.C. 175a): Provided, That notwithstanding 31 U.S.C. 
3302, fees charged, up to full-cost recovery, for special training 
activities and for arbitration services shall be credited to and merged 
with this account, and shall remain available until expended: Provided 
further, That fees for arbitration services shall be available only for 
education, training, and professional development of the agency 
workforce: Provided further, That the Director of the Service is 
authorized to accept on behalf of the United States gifts of services 
and real, personal, or other property in the aid of any projects or 
functions within the Director's jurisdiction.

            Federal Mine Safety and Health Review Commission

                         salaries and expenses

    For expenses necessary for the Federal Mine Safety and Health 
Review Commission (30 U.S.C. 801 et seq.), $6,060,000.

        National Commission on Libraries and Information Science

                         salaries and expenses

    For necessary expenses for the National Commission on Libraries and 
Information Science, established by the Act of July 20, 1970 (Public 
Law 91-345, as amended by Public Law 102-95), <DELETED>$812,000 
</DELETED>$897,000.

                     National Council on Disability

                         salaries and expenses

    For expenses necessary for the National Council on Disability as 
authorized by title IV of the Rehabilitation Act of 1973, as amended, 
<DELETED>$1,757,000 </DELETED>$1,793,000.

                     National Education Goals Panel

    For expenses necessary for the National Education Goals Panel, as 
authorized by title II, part A of the Goals 2000: Educate America Act, 
<DELETED>$974,000 </DELETED>$1,500,000.

                     National Labor Relations Board

                         salaries and expenses

    For expenses necessary for the National Labor Relations Board to 
carry out the functions vested in it by the Labor-Management Relations 
Act, 1947, as amended (29 U.S.C. 141-167), and other laws, 
<DELETED>$144,692,000 </DELETED>$170,266,000: Provided, That no part of 
this appropriation shall be available to organize or assist in 
organizing agricultural laborers or used in connection with 
investigations, hearings, directives, or orders concerning bargaining 
units composed of agricultural laborers as referred to in section 2(3) 
of the Act of July 5, 1935 (29 U.S.C. 152), and as amended by the 
Labor-Management Relations Act, 1947, as amended, and as defined in 
section 3(f) of the Act of June 25, 1938 (29 U.S.C. 203), and including 
in said definition employees engaged in the maintenance and operation 
of ditches, canals, reservoirs, and waterways when maintained or 
operated on a mutual, nonprofit basis and at least 95 per centum of the 
water stored or supplied thereby is used for farming purposes: Provided 
further, That none of the funds made available by this Act shall be 
used in any way to promulgate a final rule (altering 29 CFR part 103) 
regarding single location bargaining units in representation cases.

                        National Mediation Board

                         salaries and expenses

    For expenses necessary to carry out the provisions of the Railway 
Labor Act, as amended (45 U.S.C. 151-188), including emergency boards 
appointed by the President, <DELETED>$7,656,000 </DELETED>$8,300,000: 
Provided, That unobligated balances at the end of fiscal year 1997 not 
needed for emergency boards or any other purposes in fiscal year 1997 
shall remain available until expended.

            Occupational Safety and Health Review Commission

                         salaries and expenses

    For expenses necessary for the Occupational Safety and Health 
Review Commission (29 U.S.C. 661), $7,753,000.

                  Physician Payment Review Commission

                         salaries and expenses

    For expenses necessary to carry out section 1845(a) of the Social 
Security Act, <DELETED>$2,920,000 </DELETED>$3,263,000, to be 
transferred to this appropriation from the Federal Supplementary 
Medical Insurance Trust Fund.

               Prospective Payment Assessment Commission

                         salaries and expenses

    For expenses necessary to carry out section 1886(e) of the Social 
Security Act, $3,263,000, to be transferred to this appropriation from 
the Federal Hospital Insurance and the Federal Supplementary Medical 
Insurance Trust Funds.

                     Social Security Administration

                payments to social security trust funds

    For payment to the Federal Old-Age and Survivors Insurance and the 
Federal Disability Insurance trust funds, as provided under sections 
201(m), 228(g), and 1131(b)(2) of the Social Security Act, $20,923,000.
    In addition, to reimburse these trust funds for administrative 
expenses to carry out sections 9704 and 9706 of the Internal Revenue 
Code of 1986, $10,000,000, to remain available until expended.

               special benefits for disabled coal miners

    For carrying out title IV of the Federal Mine Safety and Health Act 
of 1977, $460,070,000, to remain available until expended.
    For making, after July 31 of the current fiscal year, benefit 
payments to individuals under title IV of the Federal Mine Safety and 
Health Act of 1977, for costs incurred in the current fiscal year, such 
amounts as may be necessary.
    For making benefit payments under title IV of the Federal Mine 
Safety and Health Act of 1977 for the first quarter of fiscal year 
1998, $160,000,000, to remain available until expended.

                  supplemental security income program

    For carrying out titles XI and XVI of the Social Security Act, 
section 401 of Public Law 92-603, section 212 of Public Law 93-66, as 
amended, and section 405 of Public Law 95-216, including payment to the 
Social Security trust funds for administrative expenses incurred 
pursuant to section 201(g)(1) of the Social Security Act, 
<DELETED>$19,422,115,000 </DELETED>$19,357,010,000, to remain available 
until expended: Provided, That any portion of the funds provided to a 
State in the current fiscal year and not obligated by the State during 
that year shall be returned to the Treasury.
<DELETED>    In addition, $25,000,000, to remain available until 
September 30, 1998, for continuing disability reviews as authorized by 
section 103 of Public Law 104-121. The term ``continuing disability 
reviews'' has the meaning given such term by section 201(g)(1)(A) of 
the Social Security Act.</DELETED>
    From funds provided under the previous paragraph, not less than 
$100,000,000 shall be available for payment to the Social Security 
trust funds for administrative expenses for conducting continuing 
disability reviews.
    In addition, $175,000,000, to remain available until September 30, 
1998, for payment to the Social Security trust funds for administrative 
expenses for continuing disability reviews as authorized by section 103 
of Public Law 104-121 and Supplemental Security Income administrative 
work required by welfare reform, as authorized by Public Law 104-193. 
The term ``continuing disability reviews'' means reviews and 
redetermination as defined under section 201(g)(1)(A) of the Social 
Security Act as amended, and reviews and redeterminations authorized 
under section 211 of Public Law 104-193.
    For making, after June 15 of the current fiscal year, benefit 
payments to individuals under title XVI of the Social Security Act, for 
unanticipated costs incurred for the current fiscal year, such sums as 
may be necessary.
    For carrying out title XVI of the Social Security Act for the first 
quarter of fiscal year 1998, $9,690,000,000, to remain available until 
expended.

                 limitation on administrative expenses

    For necessary expenses, including the hire of two passenger motor 
vehicles, and not to exceed $10,000 for official reception and 
representation expenses, not more than <DELETED>$5,899,797,000 
</DELETED>$5,820,907,000 may be expended, as authorized by section 
201(g)(1) of the Social Security Act or as necessary to carry out 
sections 9704 and 9706 of the Internal Revenue Code of 1986 from any 
one or all of the trust funds referred to therein: Provided, That 
reimbursement to the trust funds under this heading for administrative 
expenses to carry out sections 9704 and 9706 of the Internal Revenue 
Code of 1986 shall be made, with interest, not later than September 30, 
1998: Provided further, That not less than <DELETED>$1,500,000 
</DELETED>$1,268,000 shall be for the Social Security Advisory Board: 
Provided further, That unobligated balances at the end of fiscal year 
1997 not needed for fiscal year 1997 shall remain available until 
expended for a state-of-the-art computing network, including related 
equipment and administrative expenses associated solely with this 
network.
    From funds provided under the previous paragraph, not less than 
$200,000,000 shall be available for conducting continuing disability 
reviews.
<DELETED>    In addition to funding already available under this 
heading, and subject to the same terms and conditions, $160,000,000, to 
remain available until September 30, 1998, for continuing disability 
reviews as authorized by section 103 of Public Law 104-121. The term 
``continuing disability reviews'' has the meaning given such term by 
section 201(g)(1)(A) of the Social Security Act.</DELETED>
    In addition to funding already available under this heading, and 
subject to the same terms and conditions, $310,000,000, to remain 
available until September 30, 1998, for continuing disability reviews 
as authorized by section 103 of Public Law 104-121 and Supplemental 
Security Income administrative work required by welfare reform, as 
authorized by Public Law 104-193. The term ``continuing disability 
reviews'' means reviews and redetermination as defined under section 
201(g)(1)(A) of the Social Security Act as amended, and reviews and 
redeterminations authorized under section 211 of Public Law 104-193.
    In addition to funding already available under this heading, and 
subject to the same terms and conditions, <DELETED>$250,073,000 
</DELETED>$226,291,000, which shall remain available until expended, to 
invest in a state-of-the-art computing network, including related 
equipment and administrative expenses associated solely with this 
network, for the Social Security Administration and the State 
Disability Determination Services, may be expended from any or all of 
the trust funds as authorized by section 201(g)(1) of the Social 
Security Act.

                      office of inspector general

    For expenses necessary for the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $6,335,000, together with not to exceed $21,089,000, to be 
transferred and expended as authorized by section 201(g)(1) of the 
Social Security Act from the Federal Old-Age and Survivors Insurance 
Trust Fund and the Federal Disability Insurance Trust Fund.

                       Railroad Retirement Board

                     dual benefits payments account

    For payment to the Dual Benefits Payments Account, authorized under 
section 15(d) of the Railroad Retirement Act of 1974, $223,000,000, 
which shall include amounts becoming available in fiscal year 1997 
pursuant to section 224(c)(1)(B) of Public Law 98-76; and in addition, 
an amount, not to exceed 2 percent of the amount provided herein, shall 
be available proportional to the amount by which the product of 
recipients and the average benefit received exceeds $223,000,000: 
Provided, That the total amount provided herein shall be credited in 12 
approximately equal amounts on the first day of each month in the 
fiscal year.

          federal payments to the railroad retirement accounts

    For payment to the accounts established in the Treasury for the 
payment of benefits under the Railroad Retirement Act for interest 
earned on unnegotiated checks, $300,000, to remain available through 
September 30, 1998, which shall be the maximum amount available for 
payment pursuant to section 417 of Public Law 98-76.

                      limitation on administration

    For necessary expenses for the Railroad Retirement Board for 
administration of the Railroad Retirement Act and the Railroad 
Unemployment Insurance Act, $87,898,000, to be derived in such amounts 
as determined by the Board from the railroad retirement accounts and 
from moneys credited to the railroad unemployment insurance 
administration fund.

             limitation on the office of inspector general

    For expenses necessary for the Office of Inspector General for 
audit, investigatory and review activities, as authorized by the 
Inspector General Act of 1978, as amended, not more than 
<DELETED>$5,268,000 </DELETED>$5,540,000, to be derived from the 
railroad retirement accounts and railroad unemployment insurance 
account<DELETED>:-Provided, That none of the funds made available in 
this Act may be transferred to the Office from the Department of Health 
and Human Services, or used to carry out any such transfer: Provided 
further, That none of the funds made available in this paragraph may be 
used for any audit, investigation, or review of the Medicare 
program</DELETED>.

                    United States Institute of Peace

                           operating expenses

    For necessary expenses of the United States Institute of Peace as 
authorized in the United States Institute of Peace Act, $11,160,000.

                      TITLE V--GENERAL PROVISIONS

    Sec. 501. The Secretaries of Labor, Health and Human Services, and 
Education are authorized to transfer unexpended balances of prior 
appropriations to accounts corresponding to current appropriations 
provided in this Act: Provided, That such transferred balances are used 
for the same purpose, and for the same periods of time, for which they 
were originally appropriated.
    Sec. 502. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 503. (a) No part of any appropriation contained in this Act 
shall be used, other than for normal and recognized executive-
legislative relationships, for publicity or propaganda purposes, for 
the preparation, distribution, or use of any kit, pamphlet, booklet, 
publication, radio, television, or video presentation designed to 
support or defeat legislation pending before the Congress, 
<DELETED>except in presentation to the Congress itself </DELETED>or any 
State legislature, except in presentation to the Congress or any State 
legislative body itself.
    (b) No part of any appropriation contained in this Act shall be 
used to pay the salary or expenses of any grant or contract recipient, 
or agent acting for such recipient, related to any activity designed to 
influence legislation or appropriations pending before the Congress or 
any State legislature.
    Sec. 504. The Secretaries of Labor and Education are each 
authorized to make available not to exceed $15,000 from funds available 
for salaries and expenses under titles I and III, respectively, for 
official reception and representation expenses; the Director of the 
Federal Mediation and Conciliation Service is authorized to make 
available for official reception and representation expenses not to 
exceed $2,500 from the funds available for ``Salaries and expenses, 
Federal Mediation and Conciliation Service''; and the Chairman of the 
National Mediation Board is authorized to make available for official 
reception and representation expenses not to exceed $2,500 from funds 
available for ``Salaries and expenses, National Mediation Board''.
    Sec. 505. Notwithstanding any other provision of this Act, no funds 
appropriated under this Act shall be used to carry out any program of 
distributing sterile needles for the hypodermic injection of any 
illegal drug unless the Secretary of Health and Human Services 
determines that such programs are effective in preventing the spread of 
HIV and do not encourage the use of illegal drugs.
    Sec. 506. (a) Purchase of American-Made Equipment and Products.--It 
is the sense of the Congress that, to the greatest extent practicable, 
all equipment and products purchased with funds made available in this 
Act should be American-made.
    (b) Notice Requirement.--In providing financial assistance to, or 
entering into any contract with, any entity using funds made available 
in this Act, the head of each Federal agency, to the greatest extent 
practicable, shall provide to such entity a notice describing the 
statement made in subsection (a) by the Congress.
    (c) Prohibition of Contracts With Persons Falsely Labeling Products 
as Made in America.--If it has been finally determined by a court or 
Federal agency that any person intentionally affixed a label bearing a 
``Made in America'' inscription, or any inscription with the same 
meaning, to any product sold in or shipped to the United States that is 
not made in the United States, the person shall be ineligible to 
receive any contract or subcontract made with funds made available in 
this Act, pursuant to the debarment, suspension, and ineligibility 
procedures described in sections 9.400 through 9.409 of title 48, Code 
of Federal Regulations.
    Sec. 507. When issuing statements, press releases, requests for 
proposals, bid solicitations and other documents describing projects or 
programs funded in whole or in part with Federal money, all grantees 
receiving Federal funds included in this Act, including but not limited 
to State and local governments and recipients of Federal research 
grants, shall clearly state (1) the percentage of the total costs of 
the program or project which will be financed with Federal money, (2) 
the dollar amount of Federal funds for the project or program, and (3) 
percentage and dollar amount of the total costs of the project or 
program that will be financed by nongovernmental sources.
    Sec. 508. None of the funds appropriated under this Act shall be 
expended for any abortion except when it is made known to the Federal 
entity or official to which funds are appropriated under this Act that 
such procedure is necessary to save the life of the mother or that the 
pregnancy is the result of an act of rape or incest.
    Sec. 509. Notwithstanding any other provision of law--
            (1) no amount may be transferred from an appropriation 
        account for the Departments of Labor, Health and Human 
        Services, and Education except as authorized in this or any 
        subsequent appropriation act, or in the Act establishing the 
        program or activity for which funds are contained in this Act;
            (2) no department, agency, or other entity, other than the 
        one responsible for administering the program or activity for 
        which an appropriation is made in this Act, may exercise 
        authority for the timing of the obligation and expenditure of 
        such appropriation, or for the purposes for which it is 
        obligated and expended, except to the extent and in the manner 
        otherwise provided in sections 1512 and 1513 of title 31, 
        United States Code; and
            (3) no funds provided under this Act shall be available for 
        the salary (or any part thereof) of an employee who is 
        reassigned on a temporary detail basis to another position in 
        the employing agency or department or in any other agency or 
        department, unless the detail is independently approved by the 
        head of the employing department or agency.
    Sec. 510. None of the funds made available in this Act may be used 
for the expenses of an electronic benefit transfer (EBT) task force.
    Sec. 511. None of the funds made available in this Act may be used 
to enforce the requirements of section 428(b)(1)(U)(iii) of the Higher 
Education Act of 1965 with respect to any lender when it is made known 
to the Federal official having authority to obligate or expend such 
funds that the lender has a loan portfolio under part B of title IV of 
such Act that is equal to or less than $5,000,000.
    Sec. 512. (a) None of the funds made available in this Act may be 
used for--
            (1) the creation of a human embryo or embryos for research 
        purposes; or
            (2) research in which a human embryo or embryos are 
        destroyed, discarded, or knowingly subjected to risk of injury 
        or death greater than that allowed for research on fetuses in 
        utero under 45 CFR 46.208(a)(2) and section 498(b) of the 
        Public Health Service Act (42 U.S.C. 289g(b)).
    (b) For purposes of this section, the term ``human embryo or 
embryos'' include any organism, not protected as a human subject under 
45 CFR 46 as of the date of the enactment of this Act, that is derived 
by fertilization, parthenogenesis, cloning, or any other means from one 
or more human gametes.
<DELETED>    Sec. 513. None of the funds made available in this Act may 
be used by the National Labor Relations Board to assert jurisdiction 
over any labor dispute when it is made known to the Federal official 
having authority to obligate or expend such funds that--</DELETED>
        <DELETED>    (1) the labor dispute does not involve any class 
        or category of employer over which the Board would assert 
        jurisdiction under the standards prevailing on August 1, 1959, 
        with each financial threshold amount adjusted for inflation 
        by--</DELETED>
                <DELETED>    (A) using changes in the Consumer Price 
                Index for all urban consumers published by the 
                Department of Labor;</DELETED>
                <DELETED>    (B) using as the base period the later of 
                (i) the most recent calendar quarter ending before the 
                financial threshold amount was established; or (ii) the 
                calendar quarter ending June 30, 1959; and</DELETED>
                <DELETED>    (C) rounding the adjusted financial 
                threshold amount to the nearest $10,000; and</DELETED>
        <DELETED>    (2) the effect of the labor dispute on interstate 
        commerce is not otherwise sufficiently substantial to warrant 
        the exercise of the Board's jurisdiction.</DELETED>
<DELETED>    Sec. 514. None of the funds made available in this Act may 
be used to provide any direct benefit or assistance to any individual 
in the United States when it is made known to the Federal official 
having authority to obligate or expend such funds that--</DELETED>
        <DELETED>    (1) the individual is not lawfully within the 
        United States; and</DELETED>
        <DELETED>    (2) the benefit or assistance to be provided is 
        other than emergency medical assistance; a benefit mandated by 
        the federal courts to be provided by the State; or public 
        health assistance for immunizations with respect to immunizable 
        diseases, testing and treatment for communicable diseases, and 
        treatment for symptoms of communicable diseases whether or not 
        such symptoms are actually caused by a communicable 
        disease.</DELETED>
<DELETED>    Sec. 515. The Mine Safety and Health Administration shall 
not close or relocate any safety and health technology center until 
after submitting to the Committee on Appropriations of the House of 
Representatives a detailed analysis of the cost savings anticipated 
from such action and the effects of such action on the provision of 
services, including timely on-site assistance during mine 
emergencies.</DELETED>
    Sec. 516. (a) Limitation on Use of Funds for Promotion of 
Legalization of Controlled Substances.--None of the funds made 
available in this Act may be used for any activity when it is made 
known to the Federal official having authority to obligate or expend 
such funds that the activity promotes the legalization of any drug or 
other substance included in schedule I of the schedules of controlled 
substances established by section 202 of the Controlled Substances Act 
(21 U.S.C. 812).
    (b) Exceptions.--The limitation in subsection (a) shall not apply 
when it is made known to the Federal official having authority to 
obligate or expend such funds that there is significant medical 
evidence of a therapeutic advantage to the use of such drug or other 
substance or that Federally-sponsored clinical trials are being 
conducted to determine therapeutic advantage.
<DELETED>    Sec. 517. (a) Denial of Funds for Preventing ROTC Access 
to Campus.--None of the funds made available in this Act may be 
provided by contract or by grant (including a grant of funds to be 
available for student aid) to an institution of higher education when 
it is made known to the Federal official having authority to obligate 
or expend such funds that the institution (or any subelement thereof) 
has a policy or practice (regardless of when implemented) that 
prohibits, or in effect prevents--</DELETED>
        <DELETED>    (1) the maintaining, establishing, or operation of 
        a unit of the Senior Reserve Officer Training Corps (in 
        accordance with section 654 of title 10, United States Code, 
        and other applicable Federal laws) at the institution (or 
        subelement); or</DELETED>
        <DELETED>    (2) a student at the institution (or subelement) 
        from enrolling in a unit of the Senior Reserve Officer Training 
        Corps at another institution of higher education.</DELETED>
<DELETED>    (b) Exception.--The limitation established in subsection 
(a) shall not apply to an institution of higher education when it is 
made known to the Federal official having authority to obligate or 
expend such funds that--</DELETED>
        <DELETED>    (1) the institution (or subelement) has ceased the 
        policy or practice described in such subsection; or</DELETED>
        <DELETED>    (2) the institution has a longstanding policy of 
        pacifism based on historical religious affiliation.</DELETED>
<DELETED>    Sec. 518. (a) Denial of Funds for Preventing Federal 
Military Recruiting on Campus.--None of the funds made available in 
this Act may be provided by contract or grant (including a grant of 
funds to be available for student aid) to any institution of higher 
education when it is made known to the Federal official having 
authority to obligate or expend such funds that the institution (or any 
subelement thereof) has a policy or practice (regardless of when 
implemented) that prohibits, or in effect prevents--</DELETED>
        <DELETED>    (1) entry to campuses, or access to students (who 
        are 17 years of age or older) on campuses, for purposes of 
        Federal military recruiting; or</DELETED>
        <DELETED>    (2) access to the following information pertaining 
        to students (who are 17 years of age or older) for purposes of 
        Federal military recruiting: student names, addresses, 
        telephone listings, dates and places of birth, levels of 
        education, degrees received, prior military experience, and the 
        most recent previous educational institutions enrolled in by 
        the students.</DELETED>
<DELETED>    (b) Exception.--The limitation established in subsection 
(a) shall not apply to an institution of higher education when it is 
made known to the Federal official having authority to obligate or 
expend such funds that--</DELETED>
        <DELETED>    (1) the institution (or subelement) has ceased the 
        policy or practice described in such subsection; or</DELETED>
        <DELETED>    (2) the institution has a longstanding policy of 
        pacifism based on historical religious affiliation.</DELETED>
<DELETED>    Sec. 519. None of the funds made available in this Act may 
be obligated or expended to enter into or renew a contract with an 
entity when it is made known to the Federal official having authority 
to obligate or expend such funds that--</DELETED>
        <DELETED>    (1) such entity is otherwise a contractor with the 
        United States and is subject to the requirement in section 
        4212(d) of title 38, United States Code, regarding submission 
        of an annual report to the Secretary of Labor concerning 
        employment of certain veterans; and</DELETED>
        <DELETED>    (2) such entity has not submitted a report as 
        required by that section for the most recent year for which 
        such requirement was applicable to such entity.</DELETED>
    Sec. 519. None of the funds made available in this Act may be 
obligated or expended to enter into or renew a contract with an entity 
when it is made known to the Federal official having authority to 
obligate or expend such funds that--
            (1) such entity is otherwise a contractor with the United 
        States and is subject to the requirement in section 4212(d) of 
        title 38, United States Code, regarding submission of an annual 
        report to the Secretary of Labor concerning employment of 
        certain veterans; and
            (2) such entity has not submitted a report as required by 
        that section for the most recent year for which such 
        requirement was applicable to such entity.
<DELETED>    Sec. 520. None of the funds made available in this Act to 
the Department of Labor may be used to enforce section 1926.28(a) of 
title 29, Code of Federal Regulations, with respect to any operation, 
when it is made known to the Federal official having authority to 
obligate or expend such funds that such enforcement pertains to a 
requirement that workers wear long pants and such requirement would 
cause workers to experience extreme discomfort due to excessively high 
air temperatures.</DELETED>
<DELETED>    Sec. 521. None of the funds made available in this Act may 
be used to order, direct, enforce, or compel any employer to pay 
backpay to any employee for any period when it is made known to the 
Federal official to whom the funds are made available that during such 
period the employee was not lawfully entitled to be present and 
employed in the United States.</DELETED>
<DELETED>    Sec. 522. (a) Limitation on Transfers from Medicare Trust 
Funds.--None of the funds made available in this Act under the heading 
``Title II--Department of Health and Human Services--Health Care 
Financing Administration--Program Management'' for transfer from the 
Federal Hospital Insurance Trust Fund or the Federal Supplementary 
Medical Insurance Trust Fund may be used for expenditures for official 
time for employees of the Department of Health and Human Services 
pursuant to section 7131 of title 5, United States Code, or for 
facilities or support services for labor organizations pursuant to 
policies, regulations, or procedures referred to in section 7135(b) of 
such title.</DELETED>
<DELETED>    (b) Limitation on Transfers from OASDI Trust Funds.--None 
of the funds made available in this Act under the heading ``Title IV--
Related Agencies--Social Security Administration--Limitation on 
Administrative Expenses'' for transfer from the Federal Old-Age and 
Survivors Insurance Trust Fund or the Federal Disability Insurance 
Trust Fund may be used for expenditures for official time for employees 
of the Social Security Administration pursuant to section 7131 of title 
5, United States Code, or for facilities or support services for labor 
organizations pursuant to policies, regulations, or procedures referred 
to in section 7135(b) of such title.</DELETED>
<DELETED>    Sec. 523. None of the funds appropriated in this Act may 
be made available to any entity under title X of the Public Health 
Service Act unless it is made known to the Federal official having 
authority to obligate or expend such funds that the applicant for the 
award certifies to the Secretary that it encourages family 
participation in the decision of the minor to seek family planning 
services.</DELETED>
    Sec. 524. No more than 1 percent of salaries appropriated for each 
Agency in this Act may be expended by that Agency on cash performance 
awards: Provided, That Agencies in this Act may waive the provisions of 
5 U.S.C. 5384(b)(2) in order to comply with this section: Provided 
further, That of the budgetary resources available to Agencies in this 
Act for salaries and expenses during fiscal year 1997, $30,500,000, to 
be allocated by the Office of Management and Budget, are permanently 
canceled: Provided further, That the foregoing provision shall not 
apply to the Food and Drug Administration and the Indian Health 
Service.
    Sec. 525. Voluntary Separation Incentives for Employees of Certain 
Federal Agencies.--(a) Definitions.--For the purposes of this section--
            (1) the term ``agency'' means the Railroad Retirement Board 
        and the Office of Inspector General of the Railroad Retirement 
        Board;
            (2) the term ``employee'' means an employee (as defined by 
        section 2105 of title 5, United States Code) who is employed by 
        an agency, is serving under an appointment without time 
        limitation, and has been currently employed for a continuous 
        period of at least 3 years, but does not include--
                    (A) a reemployed annuitant under subchapter III of 
                chapter 83 or chapter 84 of title 5, United States 
                Code, or another retirement system for employees of the 
                agency;
                    (B) an employee having a disability on the basis of 
                which such employee is or would be eligible for 
                disability retirement under subchapter III of chapter 
                83 or chapter 84 of title 5, United States Code, or 
                another retirement system for employees of the agency;
                    (C) an employee who is in receipt of a specific 
                notice of involuntary separation for misconduct or 
                unacceptable performance;
                    (D) an employee who, upon completing an additional 
                period of service as referred to in section 
                3(b)(2)(B)(ii) of the Federal Workforce Restructuring 
                Act of 1994 (5 U.S.C. 5597 note), would qualify for a 
                voluntary separation incentive payment under section 3 
                of such Act;
                    (E) an employee who has previously received any 
                voluntary separation incentive payment by the Federal 
                Government under this section or any other authority 
                and has not repaid such payment;
                    (F) an employee covered by statutory reemployment 
                rights who is on transfer to another organization; or
                    (G) any employee who, during the twenty-four-month 
                period preceding the date of separation, has received a 
                recruitment or relocation bonus under section 5753 of 
                title 5, United States Code, or who, within the twelve-
                month period preceding the date of separation, received 
                a retention allowance under section 5754 of title 5, 
                United States Code.
    (b) Agency Strategic Plan.--
            (1) In general.--The three-member Railroad Retirement 
        Board, prior to obligating any resources for voluntary 
        separation incentive payments, shall submit to the House and 
        Senate Committees on Appropriations and the Committee on 
        Governmental Affairs of the Senate and the Committee on 
        Government Reform and Oversight of the House of Representatives 
        a strategic plan outlining the intended use of such incentive 
        payments and a proposed organizational chart for the agency 
        once such incentive payments have been completed.
            (2) Contents.--The agency's plan shall include--
                    (A) the positions and functions to be reduced or 
                eliminated, identified by organizational unit, 
                geographic location, occupational category and grade 
                level;
                    (B) the number and amounts of voluntary separation 
                incentive payments to be offered; and
                    (C) a description of how the agency will operate 
                without the eliminated positions and functions.
    (c) Authority to Provide Voluntary Separation Incentive Payments.--
            (1) In general.--A voluntary separation incentive payment 
        under this section may be paid by an agency to any employee 
        only to the extent necessary to eliminate the positions and 
functions identified by the strategic plan.
            (2) Amount and treatment of payments.--A voluntary 
        separation incentive payment--
                    (A) shall be paid in a lump sum after the 
                employee's separation;
                    (B) shall be paid from appropriations or funds 
                available for the payment of the basic pay of the 
                employees;
                    (C) shall be equal to the lesser of--
                            (i) an amount equal to the amount the 
                        employee would be entitled to receive under 
                        section 5595(c) of title 5, United States Code; 
                        or
                            (ii) an amount determined by the agency 
                        head not to exceed $25,000;
                    (D) may not be made except in the case of any 
                qualifying employee who voluntarily separates (whether 
                by retirement or resignation) before September 30, 
                1997;
                    (E) shall not be a basis for payment, and shall not 
                be included in the computation, of any other type of 
                Government benefit; and
                    (F) shall not be taken into account in determining 
                the amount of any severance pay to which the employee 
                may be entitled under section 5595 of title 5, United 
                States Code, based on any other separation.
    (d) Additional Agency Contributions to the Retirement Fund.--
            (1) In general.--In addition to any other payments which it 
        is required to make under subchapter III of chapter 83 of title 
        5, United States Code, an agency shall remit to the Office of 
        Personnel Management for deposit in the Treasury of the United 
        States to the credit of the Civil Service Retirement and 
        Disability Fund an amount equal to 15 percent of the final 
        basic pay of each employee of the agency who is covered under 
        subchapter III of chapter 83 or chapter 84 of title 5, United 
        States Code, to whom a voluntary separation incentive has been 
        paid under this section.
            (2) Definition.--For the purpose of paragraph (1), the term 
        ``final basic pay'', with respect to an employee, means the 
        total amount of basic pay which would be payable for a year of 
        service by such employee, computed using the employee's final 
        rate of basic pay, and, if last serving on other than a full-
        time basis, with appropriate adjustment therefor.
    (e) Effect of Subsequent Employment With the Government.--An 
individual who has received a voluntary separation incentive payment 
under this section and accepts any employment for compensation with the 
Government of the United States, or who works for any agency of the 
United States Government through a personal services contract, within 5 
years after the date of the separation on which the payment is based 
shall be required to pay, prior to the individual's first day of 
employment, the entire amount of the incentive payment to the agency 
that paid the incentive payment.
    (f) Reduction of Agency Employment Levels.--
            (1) In general.--The total number of funded employee 
        positions in the agency shall be reduced by one position for 
        each vacancy created by the separation of any employee who has 
        received, or is due to receive, a voluntary separation 
        incentive payment under this section. For the purposes of this 
        subsection, positions shall be counted on a full-time-
        equivalent basis.
            (2) Enforcement.--The President, through the Office of 
        Management and Budget, shall monitor the agency and take any 
        action necessary to ensure that the requirements of this 
        subsection are met.
    (g) Effective Date.--This section shall take effect October 1, 
1996.

            TITLE VI--COMMISSION ON RETIREMENT INCOME POLICY

SEC. 601. SHORT TITLE.

    This title may be cited as the ``Commission on Retirement Income 
Policy Act of 1996''.

SEC. 602. ESTABLISHMENT.

    There is established a commission to be known as the Commission on 
Retirement Income Policy (in this title referred to as the 
``Commission'').

SEC. 603. DUTIES.

    (a) In General.--The Commission shall conduct a full and complete 
review and study of--
            (1) trends in retirement savings in the United States;
            (2) existing Federal incentives and programs that are 
        established to encourage and protect such savings; and
            (3) new Federal incentives and programs that are needed to 
        encourage and protect such savings.
    (b) Specific Issues.--In fulfilling the duty described in 
subsection (a), the Commission shall address--
            (1) the amount and sources of Federal and private funds, 
        including tax expenditures (as defined in section 3 of the 
        Congressional Budget Act of 1974 (2 U.S.C. 622)), needed to 
        finance the incentives and programs referred to in subsection 
        (a)(2) and any new Federal incentive or program that the 
        Commission recommends be established;
            (2) the most efficient and effective manner, considering 
        the needs of retirement plan sponsors for simplicity, 
        reasonable cost, and appropriate incentives, of ensuring that 
        individuals in the United States will have adequate retirement 
        savings;
            (3) the amounts of retirement income that future retirees 
        will need to replace various levels of preretirement income, 
        including amounts necessary to pay for medical and long-term 
        care;
            (4) the workforce and demographic trends that affect the 
        pensions of future retirees;
            (5) the role of retirement savings in the economy of the 
        United States;
            (6) sources of retirement income other than private 
        pensions that are available to individuals in the United 
        States; and
            (7) the shift away from insured and qualified pension 
        benefits in the United States.
    (c) Recommendations.--
            (1) In general.--The Commission shall formulate 
        recommendations based on the review and study conducted under 
        subsection (a). The recommendations shall include measures that 
        address the needs of future retirees for--
                    (A) appropriate pension plan coverage and other 
                mechanisms for saving for retirement;
                    (B) an adequate retirement income;
                    (C) preservation of benefits they accumulate by 
                participating in pension plans;
                    (D) information concerning pension plan benefits; 
                and
                    (E) procedures to resolve disputes involving such 
                benefits.
            (2) Effect on federal budget deficit.--A recommendation of 
        the Commission for a new Federal incentive or program that 
        would result in an increase in the Federal budget deficit shall 
        not appear in the report required under section 607 unless it 
        is accompanied by a recommendation for offsetting the increase.

SEC. 604. MEMBERSHIP.

    (a) Number and Appointment.--
            (1) In general.--The Commission shall be composed of 16 
        voting members appointed not later than 90 days after the date 
        of the enactment of this Act. The Commission shall consist of 
        the following members:
                    (A) Four members appointed by the President, of 
                which two shall be from the executive branch of the 
                Government and two from private life.
                    (B) Three members appointed by the Majority Leader 
                of the Senate of which at least one shall be from 
                private life.
                    (C) Three members appointed by the Minority Leader 
                of the Senate of which at least one shall be from 
                private life.
                    (D) Three members appointed by the Majority Leader 
                of the House of Representatives of which at least one 
                shall be from private life.
                    (E) Three members appointed by the Minority Leader 
                of the House of Representatives of which at least one 
                shall be from private life.
            (2) Qualifications.--The individuals referred to in 
        paragraph (1) who are not Members of the Congress shall be 
        leaders of business or labor, distinguished academics, or other 
        individuals with distinctive qualifications and experience in 
        retirement income policy.
    (b) Terms.--Each member shall be appointed for the life of the 
Commission.
    (c) Vacancies.--A vacancy in the Commission shall be filled not 
later than 90 days after the date of the creation of the vacancy in the 
manner in which the original appointment was made.
    (d) Compensation.--
            (1) Rates of pay.--Except as provided in paragraph (2), 
        members of the Commission shall serve without pay.
            (2) Travel expenses.--Each member of the Commission shall 
        receive travel expenses, including per diem in lieu of 
        subsistence, in accordance with sections 5702 and 5703 of title 
        5, United States Code.
    (e) Quorum.--10 members of the Commission shall constitute a 
quorum, but 6 members may hold hearings, take testimony, or receive 
evidence.
    (f) Chairperson.--The chairperson of the Commission shall be 
elected by a majority vote of the members of the Commission.
    (g) Meetings.--The Commission shall meet at the call of the 
chairperson of the Commission.
    (h) Decisions.--Decisions of the Commission shall be made according 
to the vote of not less than a majority of the members who are present 
and voting at a meeting called pursuant to subsection (g).

SEC. 605. STAFF AND SUPPORT SERVICES.

    (a) Executive Director.--The Commission shall have an executive 
director appointed by the Commission. The Commission shall fix the pay 
of the executive director.
    (b) Staff.--The Commission may appoint and fix the pay of 
additional personnel as it considers appropriate.
    (c) Applicability of Certain Civil Service Laws.--The executive 
director and staff of the Commission may be appointed without regard to 
the provisions of title 5, United States Code, governing appointments 
in the competitive service, and may be paid without regard to the 
provisions of chapter 51 and subchapter III of chapter 53 of that title 
relating to classification and General Schedule pay rates.
    (d) Experts and Consultants.--The Commission may procure temporary 
and intermittent services under section 3109(b) of title 5, United 
States Code, at rates the Commission determines to be appropriate.
    (e) Staff of Federal Agencies.--Upon request of the Commission, the 
head of any Federal agency may detail, on a reimbursable basis, any of 
the personnel of the agency to the Commission to assist it in carrying 
out its duties under this title.
    (f) Administrative Support Services.--Upon the request of the 
Commission, the Administrator of General Services shall provide to the 
Commission, on a reimbursable basis, the administrative support 
services necessary for the Commission to carry out its responsibilities 
under this title.

SEC. 606. POWERS.

    (a) Hearings and Sessions.--
            (1) In general.--The Commission may, for the purpose of 
        carrying out this title, hold hearings, sit and act at times 
and places, take testimony, and receive evidence as the Commission 
considers appropriate. The Commission may administer oaths or 
affirmations to witnesses appearing before it.
            (2) Public hearings.--The Commission may hold public 
        hearings to receive the views of a broad spectrum of the public 
        on the status of the private retirement system of the United 
        States.
    (b) Delegation of Authority.--Any member, committee, or agent of 
the Commission may, if authorized by the Commission, take any action 
which the Commission is authorized to take by this section.
    (c) Information.--
            (1) Information from federal agencies.--
                    (A) In general.--The Commission may secure directly 
                from any Federal agency information necessary to enable 
                it to carry out this title. Upon request of the 
                Commission, the head of the Federal agency shall 
                furnish the information to the Commission.
                    (B) Exception.--Subparagraph (A) shall not apply to 
                any information that the Commission is prohibited to 
                secure or request by another law.
            (2) Public surveys.--The Commission may conduct the public 
        surveys necessary to enable it to carry out this title. In 
        conducting such surveys, the Commission shall not be considered 
        an agency for purposes of chapter 35 of title 44, United States 
        Code.
    (d) Mails.--The Commission may use the United States mails in the 
same manner and under the same conditions as other Federal agencies.
    (e) Contract and Procurement Authority.--The Commission may make 
purchases, and may contract with and compensate government and private 
agencies or persons for property or services, without regard to--
            (1) section 3709 of the Revised Statutes (41 U.S.C. 5); and
            (2) title III of the Federal Property and Administrative 
        Services Act of 1949 (41 U.S.C. 251 et seq.).
    (f) Gifts.--The Commission may accept, use, and dispose of gifts of 
services or property, both real and personal, for the purpose of 
assisting the work of the Commission. Gifts of money and proceeds from 
sales of property received as gifts shall be deposited in the Treasury 
and shall be available for disbursement upon order of the Commission. 
For purposes of Federal income, estate, and gift taxes, property 
accepted under this subsection shall be considered as a gift to the 
United States.
    (g) Volunteer Services.--Notwithstanding section 1342 of title 31, 
United States Code, the Commission may accept and use voluntary and 
uncompensated services as the Commission determines necessary.

SEC. 607. REPORT.

    Not later than 1 year after the first meeting of the Commission, 
the Commission shall submit a report to the President, the majority and 
minority leaders of the Senate, the Committee on Labor and Human 
Resources and the Committee on Finance of the Senate, the majority and 
minority leaders of the House of Representatives, and the Committee on 
Ways and Means and the Committee on Economic and Educational 
Opportunities of the House of Representatives. The report shall review 
the matters that the Commission is required to study under section 603 
and shall set forth the recommendations of the Commission.

SEC. 608. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary to carry out this title.

SEC. 609. TERMINATION.

    The Commission shall terminate not later than the expiration of the 
90-day period beginning on the date on which the Commission submits its 
report under section 607.
    This Act may be cited as the ``Departments of Labor, Health and 
Human Services, and Education, and Related Agencies Appropriations Act, 
1997''.

            Passed the House of Representatives July 12 (legislative 
      day of July 11), 1996.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.
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