IIA

104TH CONGRESS

2D SESSION H. R. 3755

IN THE SENATE OF THE UNITED STATES

JULY 12, 1996

Received; read twice and referred to the Committee on Appropriations

AN ACT

Making appropriations for the Departments of Labor, Health

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

and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 That the following sums are appropriated, out of any

2 money in the Treasury not otherwise appropriated, for the

3 Departments of Labor, Health and Human Services, and

4 Education, and related agencies for the fiscal year ending

5 September 30, 1997, and for other purposes, namely:

6 TITLE I—DEPARTMENT OF LABOR

7 EMPLOYMENT AND TRAINING ADMINISTRATION

8 TRAINING AND EMPLOYMENT SERVICES

9 For expenses necessary to carry into effect the Job

10 Training Partnership Act, as amended, including the pur11 chase and hire of passenger motor vehicles, the construc12 tion, alteration, and repair of buildings and other facili13 ties, and the purchase of real property for training centers

14 as authorized by the Job Training Partnership Act; the

15 Women in Apprenticeship and Nontraditional Occupations

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

17 School-to-Work Opportunities Act; $4,171,482,000 (re18 duced by $5,000,000) plus reimbursements, of which

19 $3,297,011,000 (reduced by $5,000,000) is available for

20 obligation for the period July 1, 1997 through June 30,

21 1998; of which $73,861,000 is available for the period

22 July 1, 1997 through June 30, 2000 for necessary ex23 penses of construction, rehabilitation, and acquisition of

24 Job Corps centers; and of which $175,000,000 shall be

25 available from July 1, 1997 through September 30, 1998,
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1 for carrying out activities of the School-to-Work Opportu2 nities Act: Provided, That $50,000,000 shall be for carry3 ing out section 401 of the Job Training Partnership Act,

4 $65,000,000 shall be for carrying out section 402 of such

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

6 such Act, $2,530,000 shall be for all activities conducted

7 by and through the National Occupational Information

8 Coordinating Committee under such Act, $850,000,000

9 (reduced by $5,000,000) shall be for carrying out title II,

10 part A of such Act, and $126,672,000 shall be for carry11 ing out title II, part C of such Act: Provided further, That

12 no funds from any other appropriation shall be used to

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

14 further, That funds provided to carry out title III of the

15 Job Training Partnership Act shall not be subject to the

16 limitation contained in subsection (b) of section 315 of

17 such Act; that the waiver allowing a reduction in the cost

18 limitation relating to retraining services described in sub19 section (a)(2) of such section 315 may be granted with

20 respect to funds from this Act if a substate grantee dem21 onstrates to the Governor that such waiver is appropriate

22 due to the availability of low-cost retraining services, is

23 necessary to facilitate the provision of needs-related pay24 ments to accompany long-term training, or is necessary

25 to facilitate the provision of appropriate basic readjust-
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1 ment services; and that funds provided to carry out the

2 Secretary’s discretionary grants under part B of such title

3 III may be used to provide needs-related payments to par4 ticipants who, in lieu of meeting the requirements relating

5 to enrollment in training under section 314(e) of such Act,

6 are enrolled in training by the end of the sixth week after

7 grant funds have been awarded: Provided further, That

8 service delivery areas may transfer funding provided here9 in under authority of titles II–B and II–C of the Job

10 Training Partnership Act between the programs author11 ized by those titles of that Act, if such transfer is approved

12 by the Governor: Provided further, That service delivery

13 areas and substate areas may transfer funding provided

14 herein under authority of title II–A and title III of the

15 Job Training Partnership Act between the programs au16 thorized by those titles of the Act, if such transfer is ap17 proved by the Governor: Provided further, That, notwith18 standing any other provision of law, any proceeds from

19 the sale of Job Corps center facilities shall be retained

20 by the Secretary of Labor to carry out the Job Corps pro21 gram.

22 COMMUNITY SERVICE EMPLOYMENT FOR OLDER

23 AMERICANS

24 (TRANSFER OF FUNDS)

25 To carry out the activities for national grants or con26 tracts with public agencies and public or private nonprofit
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1 organizations under paragraph (1)(A) of section 506(a)

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

3 or to carry out older worker activities as subsequently au4 thorized, $242,450,000.

5 To carry out the activities for grants to States under

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

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

8 worker activities as subsequently authorized,

9 $130,550,000.

10 The funds appropriated under this heading shall be

11 transferred to the Department of Health and Human

12 Services, ‘‘Aging Services Programs’’ following the enact13 ment of legislation authorizing the administration of the

14 program by that Department: Provided, That the funds

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

16 through June 30, 1998.

17 FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES

18 For payments during the current fiscal year of trade

19 adjustment benefit payments and allowances under part

20 I, and for training, for allowances for job search and relo21 cation, and for related State administrative expenses

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

23 of the Trade Act of 1974, as amended, $324,500,000, to24 gether with such amounts as may be necessary to be

25 charged to the subsequent appropriation for payments for
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1 any period subsequent to September 15 of the current

2 year.

3 STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT

4 SERVICE OPERATIONS

5 For authorized administrative expenses,

6 $132,279,000, together with not to exceed

7 $3,096,111,000 (reduced by $3,800,000) (decreased by

8 $2,399,000) (including not to exceed $1,653,000 which

9 may be used for amortization payments to States which

10 had independent retirement plans in their State employ11 ment service agencies prior to 1980, and including not to

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

13 with non-State entities for activities such as occupational

14 and test research activities which benefit the Federal15 State Employment Service System), which may be ex16 pended from the Employment Security Administration ac17 count in the Unemployment Trust Fund, and of which the

18 sums available in the allocation for activities authorized

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

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

21 for necessary administrative expenses for carrying out 5

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

23 States through December 31, 1997, except that funds

24 used for automation acquisitions shall be available for obli25 gation by States through September 30, 1999; and of

26 which $132,279,000, together with not to exceed
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1 $701,369,000 of the amount which may be expended from

2 said trust fund, shall be available for obligation for the

3 period July 1, 1997 through June 30, 1998, to fund ac4 tivities under the Act of June 6, 1933, as amended, in5 cluding the cost of penalty mail made available to States

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

7 $260,573,000 shall be available only to the extent nec8 essary for additional State allocations to administer unem9 ployment compensation laws to finance increases in the

10 number of unemployment insurance claims filed and

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

12 the extent that the Average Weekly Insured Unemploy13 ment (AWIU) for fiscal year 1997 is projected by the De14 partment of Labor to exceed 2,828,000 an additional

15 $28,600,000 shall be available for obligation for every

16 100,000 increase in the AWIU level (including a pro rata

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

18 Employment Security Administration Account of the Un19 employment Trust Fund: Provided further, That funds ap20 propriated in this Act which are used to establish a na21 tional one-stop career center network may be obligated in

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

23 Provided further, That funds appropriated under this Act

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

25 amended, and title III of the Social Security Act, may be
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1 used by the States to fund integrated Employment Service

2 and Unemployment Insurance automation efforts, not3 withstanding cost allocation principles prescribed under

4 Office of Management and Budget Circular A–87.

5 ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND

6 OTHER FUNDS

7 For repayable advances to the Unemployment Trust

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

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

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

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

12 for nonrepayable advances to the Unemployment Trust

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

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

15 section 5 of Public Law 103–6, and to the ‘‘Federal unem16 ployment benefits and allowances’’ account, to remain

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

18 In addition, for making repayable advances to the

19 Black Lung Disability Trust Fund in the current fiscal

20 year after September 15, 1997, for costs incurred by the

21 Black Lung Disability Trust Fund in the current fiscal

22 year, such sums as may be necessary.

23 PROGRAM ADMINISTRATION

24 For expenses of administering employment and train25 ing programs and for carrying out section 908 of the So26 cial Security Act, $81,393,000, together with not to ex-
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1 ceed $39,977,000, which may be expended from the Em2 ployment Security Administration account in the Unem3 ployment Trust Fund.

4 PENSION AND WELFARE BENEFITS ADMINISTRATION

5 SALARIES AND EXPENSES

6 For necessary expenses for Pension and Welfare Ben7 efits Administration, $65,783,000 (increased by

8 $300,000, which amount shall be for genetic non9 discrimination enforcement activities).

10 PENSION BENEFIT GUARANTY CORPORATION

11 PENSION BENEFIT GUARANTY CORPORATION FUND

12 The Pension Benefit Guaranty Corporation is author13 ized to make such expenditures, including financial assist14 ance authorized by section 104 of Public Law 96–364,

15 within limits of funds and borrowing authority available

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

17 such contracts and commitments without regard to fiscal

18 year limitations as provided by section 104 of the Govern19 ment Corporation Control Act, as amended (31 U.S.C.

20 9104), as may be necessary in carrying out the program

21 through September 30, 1997, for such Corporation: Pro22 vided, That not to exceed $135,720,000 shall be available

23 for administrative expenses of the Corporation.
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1 EMPLOYMENT STANDARDS ADMINISTRATION

2 SALARIES AND EXPENSES

3 For necessary expenses for the Employment Stand4 ards Administration, including reimbursement to State,

5 Federal, and local agencies and their employees for inspec6 tion services rendered, $258,422,000 (increased by

7 $5,000,000 for sweatshop enforcement in the garment in8 dustry), together with $983,000 which may be expended

9 from the Special Fund in accordance with sections 39(c)

10 and 44(j) of the Longshore and Harbor Workers’ Com11 pensation Act: Provided, That the Secretary of Labor is

12 authorized to accept, retain, and spend, until expended,

13 in the name of the Department of Labor, all sums of

14 money ordered to be paid to the Secretary of Labor, in

15 accordance with the terms of the Consent Judgment in

16 Civil Action No. 91–0027 of the United States District

17 Court for the District of the Northern Mariana Islands

18 (May 21, 1992): Provided further, That the Secretary of

19 Labor is authorized to establish and, in accordance with

20 31 U.S.C. 3302, collect and deposit in the Treasury fees

21 for processing applications and issuing certificates under

22 sections 11(d) and 14 of the Fair Labor Standards Act

23 of 1938, as amended (29 U.S.C. 211(d) and 214) and for

24 processing applications and issuing registrations under
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1 Title I of the Migrant and Seasonal Agricultural Worker

2 Protection Act, 29 U.S.C. 1801 et seq.

3 SPECIAL BENEFITS

4 (INCLUDING TRANSFER OF FUNDS)

5 For the payment of compensation, benefits, and ex6 penses (except administrative expenses) accruing during

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

8 chapter 81 of the United States Code; continuation of ben9 efits as provided for under the head ‘‘Civilian War Bene10 fits’’ in the Federal Security Agency Appropriation Act,

11 1947; the Employees’ Compensation Commission Appro12 priation Act, 1944; and sections 4(c) and 5(f) of the War

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

14 centum of the additional compensation and benefits re15 quired by section 10(h) of the Longshore and Harbor

16 Workers’ Compensation Act, as amended, $213,000,000

17 together with such amounts as may be necessary to be

18 charged to the subsequent year appropriation for the pay19 ment of compensation and other benefits for any period

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

21 That such sums as are necessary may be used under sec22 tion 8104 of title 5, United States Code, by the Secretary

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

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

25 disabled beneficiary: Provided further, That balances of re26 imbursements unobligated on September 30, 1996, shall
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1 remain available until expended for the payment of com2 pensation, benefits, and expenses: Provided further, That

3 in addition there shall be transferred to this appropriation

4 from the Postal Service and from any other corporation

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

6 5, United States Code, to pay an amount for its fair share

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

8 of Labor determines to be the cost of administration for

9 employees of such fair share entities through September

10 30, 1997: Provided further, That of those funds trans11 ferred to this account from the fair share entities to pay

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

13 available to the Secretary of Labor for expenditures relat14 ing to capital improvements in support of Federal Employ15 ees’ Compensation Act administration, and the balance of

16 such funds shall be paid into the Treasury as miscellane17 ous receipts: Provided further, That the Secretary may re18 quire that any person filing a notice of injury or a claim

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

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

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

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

23 information (including Social Security account number) as

24 such regulations may prescribe.
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1 BLACK LUNG DISABILITY TRUST FUND

2 (INCLUDING TRANSFER OF FUNDS)

3 For payments from the Black Lung Disability Trust

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

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

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

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

8 and interest on advances as authorized by section

9 9501(c)(2) of that Act, and of which $26,071,000 shall

10 be available for transfer to Employment Standards Ad11 ministration, Salaries and Expenses, $19,621,000 for

12 transfer to Departmental Management, Salaries and Ex13 penses, and $287,000 for transfer to Departmental Man14 agement, Office of Inspector General, for expenses of oper15 ation and administration of the Black Lung Benefits pro16 gram as authorized by section 9501(d)(5)(A) of that Act:

17 Provided, That, in addition, such amounts as may be nec18 essary may be charged to the subsequent year appropria19 tion for the payment of compensation, interest, or other

20 benefits for any period subsequent to August 15 of the

21 current year: Provided further, That in addition such

22 amounts shall be paid from this fund into miscellaneous

23 receipts as the Secretary of the Treasury determines to

24 be the administrative expenses of the Department of the

25 Treasury for administering the fund during the current
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1 fiscal year, as authorized by section 9501(d)(5)(B) of that

2 Act.

3 OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION

4 SALARIES AND EXPENSES

5 For necessary expenses for the Occupational Safety

6 and Health Administration, $297,734,000, including not

7 to exceed $66,929,000 which shall be the maximum

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

9 of the Occupational Safety and Health Act, which grants

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

11 occupational safety and health programs required to be

12 incurred under plans approved by the Secretary under sec13 tion 18 of the Occupational Safety and Health Act of

14 1970; and, in addition, notwithstanding 31 U.S.C. 3302,

15 the Occupational Safety and Health Administration may

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

17 course tuition fees, otherwise authorized by law to be col18 lected, and may utilize such sums for occupational safety

19 and health training and education grants: Provided, That

20 none of the funds appropriated under this paragraph shall

21 be obligated or expended to prescribe, issue, administer,

22 or enforce any standard, rule, regulation, or order under

23 the Occupational Safety and Health Act of 1970 which

24 is applicable to any person who is engaged in a farming

25 operation which does not maintain a temporary labor
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1 camp and employs ten or fewer employees: Provided fur2 ther, That no funds appropriated under this paragraph

3 shall be obligated or expended to administer or enforce

4 any standard, rule, regulation, or order under the Occupa5 tional Safety and Health Act of 1970 with respect to any

6 employer of ten or fewer employees who is included within

7 a category having an occupational injury lost workday case

8 rate, at the most precise Standard Industrial Classifica9 tion Code for which such data are published, less than the

10 national average rate as such rates are most recently pub11 lished by the Secretary, acting through the Bureau of

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

13 (29 U.S.C. 673), except—

14 (1) to provide, as authorized by such Act, con15 sultation, technical assistance, educational and train16 ing services, and to conduct surveys and studies;

17 (2) to conduct an inspection or investigation in

18 response to an employee complaint, to issue a cita19 tion for violations found during such inspection, and

20 to assess a penalty for violations which are not cor21 rected within a reasonable abatement period and for

22 any willful violations found;

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

24 with respect to imminent dangers;
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1 (4) to take any action authorized by such Act

2 with respect to health hazards;

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

4 with respect to a report of an employment accident

5 which is fatal to one or more employees or which re6 sults in hospitalization of two or more employees,

7 and to take any action pursuant to such investiga8 tion authorized by such Act; and

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

10 with respect to complaints of discrimination against

11 employees for exercising rights under such Act:

12 Provided further, That the foregoing proviso shall not

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

14 which does not maintain a temporary labor camp and em15 ploys ten or fewer employees.

16 MINE SAFETY AND HEALTH ADMINISTRATION

17 SALARIES AND EXPENSES

18 For necessary expenses for the Mine Safety and

19 Health Administration, $191,810,000, including purchase

20 and bestowal of certificates and trophies in connection

21 with mine rescue and first-aid work, and the hire of pas22 senger motor vehicles; the Secretary is authorized to ac23 cept lands, buildings, equipment, and other contributions

24 from public and private sources and to prosecute projects

25 in cooperation with other agencies, Federal, State, or pri-
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1 vate; the Mine Safety and Health Administration is au2 thorized to promote health and safety education and train3 ing in the mining community through cooperative pro4 grams with States, industry, and safety associations; and

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

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

7 mine rescue and survival operations in the event of a

8 major disaster: Provided, That none of the funds appro9 priated under this paragraph shall be obligated or ex10 pended to carry out section 115 of the Federal Mine Safe11 ty and Health Act of 1977 or to carry out that portion

12 of section 104(g)(1) of such Act relating to the enforce13 ment of any training requirements, with respect to shell

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

15 stone, surface clay, colloidal phosphate, or surface lime16 stone mine.

17 BUREAU OF LABOR STATISTICS

18 SALARIES AND EXPENSES

19 For necessary expenses for the Bureau of Labor Sta20 tistics, including advances or reimbursements to State,

21 Federal, and local agencies and their employees for serv22 ices rendered, $302,947,000 (reduced by $300,000), of

23 which $16,145,000 shall be for expenses of revising the

24 Consumer Price Index and shall remain available until

25 September 30, 1998, together with not to exceed
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1 $52,053,000, which may be expended from the Employ2 ment Security Administration account in the Unemploy3 ment Trust Fund.

4 DEPARTMENTAL MANAGEMENT

5 SALARIES AND EXPENSES

6 For necessary expenses for Departmental Manage7 ment, including the hire of three sedans, and including

8 up to $4,271,000 for the President’s Committee on Em9 ployment of People With Disabilities, $137,504,000; to10 gether with not to exceed $297,000, which may be ex11 pended from the Employment Security Administration ac12 count in the Unemployment Trust Fund: Provided, That

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

14 Solicitor of Labor to participate in a review in any United

15 States court of appeals of any decision made by the Bene16 fits Review Board under section 21 of the Longshore and

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

18 where such participation is precluded by the decision of

19 the United States Supreme Court in Director, Office of

20 Workers’ Compensation Programs v. Newport News Ship21 building, 115 S. Ct. 1278 (1995).

22 ASSISTANT SECRETARY FOR VETERANS EMPLOYMENT

23 AND TRAINING

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

25 $3,800,000) may be derived from the Employment Secu26 rity Administration account in the Unemployment Trust
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1 Fund to carry out the provisions of 38 U.S.C. 4100–

2 4110A and 4321–4327, and Public Law 103–353, and

3 which shall be available for obligation by the States

4 through December 31, 1997.

5 OFFICE OF INSPECTOR GENERAL

6 For salaries and expenses of the Office of Inspector

7 General in carrying out the provisions of the Inspector

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

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

10 from the Employment Security Administration account in

11 the Unemployment Trust Fund.

12 GENERAL PROVISIONS

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

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

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

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

17 (TRANSFER OF FUNDS)

18 SEC. 102. Not to exceed 1 percent of any discre19 tionary funds (pursuant to the Balanced Budget and

20 Emergency Deficit Control Act, as amended) which are

21 appropriated for the current fiscal year for the Depart22 ment of Labor in this Act may be transferred between ap23 propriations, but no such appropriation shall be increased

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

25 That the Appropriations Committees of both Houses of
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1 Congress are notified at least fifteen days in advance of

2 any transfer.

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

4 title IV–B of the Job Training Partnership Act, notwith5 standing section 427(c) of that Act, if a Job Corps center

6 fails to meet national performance standards established

7 by the Secretary.

8 SEC. 104. No funds appropriated or otherwise made

9 available in this title shall be disbursed without the ap10 proval of the Department’s Chief Financial Officer or his

11 delegatee.

12 SEC. 105. (a) GENERAL RULE.—In the administra13 tion and enforcement of the child labor provisions of the

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

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

16 but not operate or unload materials, into scrap paper

17 balers and paper box compactors—

18 (1) that are safe for 16- and 17-year-old em19 ployees loading the scrap paper balers or paper box

20 compactors, and

21 (2) that cannot operate while being loaded.

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

23 scrap paper balers and paper box compactors shall be con24 sidered safe for 16- or 17-year-old employees to load only

25 if—
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1 (1) such scrap paper balers and paper box com2 pactors are in compliance with the current safety

3 standard established by the American National

4 Standards Institute;

5 (2) such scrap paper balers and paper box com6 pactors include an on-off switch incorporating a

7 keylock or other system and the control of such sys8 tem is maintained in the custody of employees who

9 are 18 years of age or older;

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

11 and paper box compactors is maintained in an off

12 condition when such scrap paper balers and paper

13 box compactors are not in operation; and

14 (4) the employer of 16- and 17-year-old employ15 ees provides notice, and posts a notice, on such

16 scrap paper balers and paper box compactors stating

17 that—

18 (A) such scrap paper balers and paper box

19 compactors meet the current safety standard

20 established by the American National Stand21 ards Institute;

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

23 only load such scrap paper balers and paper

24 box compactors; and
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1 (C) any employee under the age of 18 may

2 not operate or unload such scrap paper balers

3 and paper box compactors:

4 Provided, That this section is not to be construed as af5 fecting the exemption for apprentices and student learners

6 published at 29 Code of Federal Regulations 570.63.

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

8 may be obligated or expended by the Department of Labor

9 for the purposes of enforcement and the issuance of fines

10 under Hazardous Occupation Order Number 2 (HO 2)

11 with respect to incidental and occasional driving by minors

12 under age 18, unless the Secretary finds that the oper13 ation of a motor vehicle is the primary duty of the minor’s

14 employment.

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

16 Appropriations Act, 1997’’.

17 TITLE II—DEPARTMENT OF HEALTH AND

18 HUMAN SERVICES

19 HEALTH RESOURCES AND SERVICES ADMINISTRATION

20 HEALTH RESOURCES AND SERVICES

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

22 XXVI of the Public Health Service Act, section 427(a)

23 of the Federal Coal Mine Health and Safety Act, title V

24 of the Social Security Act, and the Health Care Quality

25 Improvement Act of 1986, as amended, $3,082,190,000,
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1 of which $297,000 shall remain available until expended

2 for interest subsidies on loan guarantees made prior to

3 fiscal year 1981 under part B of title VII of the Public

4 Health Service Act: Provided, That the Division of Federal

5 Occupational Health may utilize personal services con6 tracting to employ professional management/administra7 tive and occupational health professionals: Provided fur8 ther, That of the funds made available under this heading,

9 $2,828,000 shall be available until expended for facilities

10 renovations at the Gillis W. Long Hansen’s Disease Cen11 ter: Provided further, That in addition to fees authorized

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

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

14 of information under the Act sufficient to recover the full

15 costs of operating the National Practitioner Data Bank,

16 and shall remain available until expended to carry out that

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

18 available for carrying out the provisions of Public Law

19 104–73: Provided further, That of the funds made avail20 able under this heading, $192,592,000 shall be for the

21 program under title X of the Public Health Service Act

22 to provide for voluntary family planning projects: Provided

23 further, That amounts provided to said projects under

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

25 pregnancy counseling shall be nondirective, and that such
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1 amounts shall not be expended for any activity (including

2 the publication or distribution of literature) that in any

3 way tends to promote public support or opposition to any

4 legislative proposal or candidate for public office: Provided

5 further, That $75,000,000 shall be for State AIDS Drug

6 Assistance Programs authorized by section 2616 of the

7 Public Health Service Act and shall be distributed to

8 States as authorized by section 2618(b)(2) of such Act.

9 MEDICAL FACILITIES GUARANTEE AND LOAN FUND

10 FEDERAL INTEREST SUBSIDIES FOR MEDICAL FACILITIES

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

12 1602 of the Public Health Service Act, $7,000,000, to13 gether with any amounts received by the Secretary in con14 nection with loans and loan guarantees under title VI of

15 the Public Health Service Act, to be available without fis16 cal year limitation for the payment of interest subsidies.

17 During the fiscal year, no commitments for direct loans

18 or loan guarantees shall be made.

19 HEALTH EDUCATION ASSISTANCE LOANS PROGRAM

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

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

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

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

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

25 of the Congressional Budget Act of 1974: Provided fur26 ther, That these funds are available to subsidize gross obli-
25

•HR 3755 RFS

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

2 to be guaranteed at not to exceed $140,000,000. In addi3 tion, for administrative expenses to carry out the guaran4 teed loan program, $2,688,000.

5 VACCINE INJURY COMPENSATION PROGRAM TRUST FUND

6 For payments from the Vaccine Injury Compensation

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

8 claims associated with vaccine-related injury or death with

9 respect to vaccines administered after September 30,

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

11 Health Service Act, to remain available until expended:

12 Provided, That for necessary administrative expenses, not

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

14 Fund to the Secretary of Health and Human Services.

15 VACCINE INJURY COMPENSATION

16 For payment of claims resolved by the United States

17 Court of Federal Claims related to the administration of

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

19 available until expended.

20 CENTERS FOR DISEASE CONTROL AND PREVENTION

21 DISEASE CONTROL, RESEARCH, AND TRAINING

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

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

24 103, 201, 202, and 203 of the Federal Mine Safety and

25 Health Act of 1977, and sections 20, 21 and 22 of the

26 Occupational Safety and Health Act of 1970; including
26

•HR 3755 RFS

1 insurance of official motor vehicles in foreign countries;

2 and hire, maintenance, and operation of aircraft,

3 $2,153,376,000, of which $8,353,000 shall remain avail4 able until expended for equipment and construction and

5 renovation of facilities, and in addition, such sums as may

6 be derived from authorized user fees, which shall be cred7 ited to this account: Provided, That in addition to amounts

8 provided herein, up to $48,400,000 shall be available from

9 amounts available under section 241 of the Public Health

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

11 Statistics surveys: Provided further, That none of the

12 funds made available for injury prevention and control at

13 the Centers for Disease Control and Prevention may be

14 used to advocate or promote gun control.

15 In addition, $33,642,000, to be derived from the Vio16 lent Crime Reduction Trust Fund, for carrying out sec17 tions 40151 and 40261 of Public Law 103–322.

18 NATIONAL INSTITUTES OF HEALTH

19 NATIONAL CANCER INSTITUTE

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

22 $2,385,741,000.

23 NATIONAL HEART, LUNG, AND BLOOD INSTITUTE

24 For carrying out section 301 and title IV of the Pub25 lic Health Service Act with respect to cardiovascular, lung,
27

•HR 3755 RFS

1 and blood diseases, and blood and blood products,

2 $1,438,265,000.

3 NATIONAL INSTITUTE OF DENTAL RESEARCH

4 For carrying out section 301 and title IV of the Pub5 lic Health Service Act with respect to dental disease,

6 $195,596,000.

7 NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND

8 KIDNEY DISEASES

9 For carrying out section 301 and title IV of the Pub10 lic Health Service Act with respect to diabetes and diges11 tive and kidney diseases, $819,224,000.

12 NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS

13 AND STROKE

14 For carrying out section 301 and title IV of the Pub15 lic Health Service Act with respect to neurological dis16 orders and stroke, $725,478,000.

17 NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS

18 DISEASES

19 For carrying out section 301 and title IV of the Pub20 lic Health Service Act with respect to allergy and infec21 tious diseases, $1,256,149,000.

22 NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES

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

25 sciences, $1,003,722,000.
28

•HR 3755 RFS

1 NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN

2 DEVELOPMENT

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

5 human development, $631,989,000.

6 NATIONAL EYE INSTITUTE

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

9 visual disorders, $333,131,000.

10 NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH

11 SCIENCES

12 For carrying out sections 301 and 311 and title IV

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

15 NATIONAL INSTITUTE ON AGING

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

18 $484,375,000.

19 NATIONAL INSTITUTE OF ARTHRITIS AND

20 MUSCULOSKELETAL AND SKIN DISEASES

21 For carrying out section 301 and title IV of the Pub22 lic Health Service Act with respect to arthritis and mus23 culoskeletal and skin diseases, $257,637,000.
29

•HR 3755 RFS

1 NATIONAL INSTITUTE ON DEAFNESS AND OTHER

2 COMMUNICATION DISORDERS

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

5 communication disorders, $189,243,000.

6 NATIONAL INSTITUTE OF NURSING RESEARCH

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

9 $59,715,000.

10 NATIONAL INSTITUTE ON ALCOHOL ABUSE AND

11 ALCOHOLISM

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

14 alcoholism, $212,079,000.

15 NATIONAL INSTITUTE ON DRUG ABUSE

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

18 $487,341,000.

19 NATIONAL INSTITUTE OF MENTAL HEALTH

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

22 $701,247,000.

23 NATIONAL CENTER FOR RESEARCH RESOURCES

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

26 and general research support grants, $416,523,000: Pro-
30

•HR 3755 RFS

1 vided, That none of these funds shall be used to pay recipi2 ents of the general research support grants program any

3 amount for indirect expenses in connection with such

4 grants: Provided further, That $37,000,000 shall be for

5 extramural facilities construction grants.

6 NATIONAL CENTER FOR HUMAN GENOME RESEARCH

7 For carrying out section 301 and title IV of the Pub8 lic Health Service Act with respect to human genome re9 search, $189,267,000.

10 JOHN E. FOGARTY INTERNATIONAL CENTER

11 For carrying out the activities at the John E.

12 Fogarty International Center, $26,707,000.

13 NATIONAL LIBRARY OF MEDICINE

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

16 communications, $150,093,000, of which $4,000,000 shall

17 be available until expended for improvement of informa18 tion systems: Provided, That in fiscal year 1997, the Li19 brary may enter into personal services contracts for the

20 provision of services in facilities owned, operated, or con21 structed under the jurisdiction of the National Institutes

22 of Health.

23 OFFICE OF THE DIRECTOR

24 (INCLUDING TRANSFER OF FUNDS)

25 For carrying out the responsibilities of the Office of

26 the Director, National Institutes of Health, $275,423,000:
31

•HR 3755 RFS

1 Provided, That funding shall be available for the purchase

2 of not to exceed five passenger motor vehicles for replace3 ment only: Provided further, That the Director may direct

4 up to 1 percent of the total amount made available in this

5 Act to all National Institutes of Health appropriations to

6 activities the Director may so designate: Provided further,

7 That no such appropriation shall be increased or de8 creased by more than 1 percent by any such transfers and

9 that the Congress is promptly notified of the transfer: Pro10 vided further, That NIH is authorized to collect third

11 party payments for the cost of clinical services that are

12 incurred in National Institutes of Health research facili13 ties and that such payments shall be credited to the Na14 tional Institutes of Health Management Fund: Provided

15 further, That all funds credited to the NIH Management

16 Fund shall remain available for one fiscal year after the

17 fiscal year in which they are deposited.

18 BUILDINGS AND FACILITIES

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

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

22 $200,000,000, to remain available until expended, of

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

25 of law, a single contract or related contracts for the devel26 opment and construction of the clinical research center
32

•HR 3755 RFS

1 may be employed which collectively include the full scope

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

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

4 found at 48 CFR 52.232–18.

5 SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

6 ADMINISTRATION

7 SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

8 For carrying out titles V and XIX of the Public

9 Health Service Act with respect to substance abuse and

10 mental health services, the Protection and Advocacy for

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

12 the Public Health Service Act with respect to program

13 management, $1,849,235,000.

14 RETIREMENT PAY AND MEDICAL BENEFITS FOR

15 COMMISSIONED OFFICERS

16 For retirement pay and medical benefits of Public

17 Health Service Commissioned Officers as authorized by

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

19 Family Protection Plan and Survivor Benefit Plan and for

20 medical care of dependents and retired personnel under

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

22 for payments pursuant to section 229(b) of the Social Se23 curity Act (42 U.S.C. 429(b)), such amounts as may be

24 required during the current fiscal year.
33

•HR 3755 RFS

1 AGENCY FOR HEALTH CARE POLICY AND RESEARCH

2 HEALTH CARE POLICY AND RESEARCH

3 For carrying out titles III and IX of the Public

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

5 Security Act, $90,469,000; in addition, amounts received

6 from Freedom of Information Act fees, reimbursable and

7 interagency agreements, and the sale of data tapes shall

8 be credited to this appropriation and shall remain avail9 able until expended: Provided, That the amount made

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

11 Service Act shall not exceed $34,700,000.

12 HEALTH CARE FINANCING ADMINISTRATION

13 GRANTS TO STATES FOR MEDICAID

14 For carrying out, except as otherwise provided, titles

15 XI and XIX of the Social Security Act, $75,056,618,000,

16 to remain available until expended.

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

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

19 quarter of fiscal year 1997 for unanticipated costs, in20 curred for the current fiscal year, such sums as may be

21 necessary.

22 For making payments to States under title XIX of

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

24 1998, $27,988,993,000, to remain available until ex25 pended.
34

•HR 3755 RFS

1 Payment under title XIX may be made for any quar2 ter with respect to a State plan or plan amendment in

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

4 quarter and approved in that or any subsequent quarter.

5 PAYMENTS TO HEALTH CARE TRUST FUNDS

6 For payment to the Federal Hospital Insurance and

7 the Federal Supplementary Medical Insurance Trust

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

9 Social Security Act, sections 103(c) and 111(d) of the So10 cial Security Amendments of 1965, section 278(d) of Pub11 lic Law 97–248, and for administrative expenses incurred

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

13 $60,079,000,000.

14 PROGRAM MANAGEMENT

15 For carrying out, except as otherwise provided, titles

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

17 of the Public Health Service Act, and the Clinical Labora18 tory Improvement Amendments of 1988, not to exceed

19 $1,733,125,000, to be transferred from the Federal Hos20 pital Insurance and the Federal Supplementary Medical

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

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

23 in accordance with section 353 of the Public Health Serv24 ice Act, the latter funds to remain available until ex25 pended, together with such sums as may be collected from

26 authorized user fees and the sale of data, which shall re-
35

•HR 3755 RFS

1 main available until expended: Provided, That all funds

2 derived in accordance with 31 U.S.C. 9701 from organiza3 tions established under title XIII of the Public Health

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

5 out the purposes of this appropriation.

6 HEALTH MAINTENANCE ORGANIZATION LOAN AND LOAN

7 GUARANTEE FUND

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

9 1308 of the Public Health Service Act, any amounts re10 ceived by the Secretary in connection with loans and loan

11 guarantees under title XIII of the Public Health Service

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

13 payment of outstanding obligations. During fiscal year

14 1997, no commitments for direct loans or loan guarantees

15 shall be made.

16 ADMINISTRATION FOR CHILDREN AND FAMILIES

17 FAMILY SUPPORT PAYMENTS TO STATES

18 For making payments to States or other non-Federal

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

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

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

22 1960 (24 U.S.C. ch. 9), $13,301,000,000, to remain avail23 able until expended.

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

25 payments to States or other non-Federal entities under

26 titles I, IV–A and D, X, XI, XIV, and XVI of the Social
36

•HR 3755 RFS

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

2 for unanticipated costs, incurred for the current fiscal

3 year, such sums as may be necessary.

4 For making payments to States or other non-Federal

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

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

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

8 first quarter of fiscal year 1998, $4,700,000,000, to re9 main available until expended.

10 JOB OPPORTUNITIES AND BASIC SKILLS

11 For carrying out aid to families with dependent chil12 dren work programs, as authorized by part F of title IV

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

14 LOW INCOME HOME ENERGY ASSISTANCE

15 For making payments under title XXVI of the Omni16 bus Budget Reconciliation Act of 1981, $900,000,000.

17 REFUGEE AND ENTRANT ASSISTANCE

18 For making payments for refugee and entrant assist19 ance activities authorized by title IV of the Immigration

20 and Nationality Act and section 501 of the Refugee Edu21 cation Assistance Act of 1980 (Public Law 96–422),

22 $412,076,000: Provided, That funds appropriated pursu23 ant to section 414(a) of the Immigration and Nationality

24 Act under Public Law 103–333 for fiscal year 1995 shall

25 be available for the costs of assistance provided and other
37

•HR 3755 RFS

1 activities conducted in such year and in fiscal years 1996

2 and 1997.

3 CHILD CARE AND DEVELOPMENT BLOCK GRANT

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

5 Omnibus Budget Reconciliation Act of 1981 (The Child

6 Care and Development Block Grant Act of 1990),

7 $950,000,000, which shall be available for obligation

8 under the same statutory terms and conditions applicable

9 in the prior fiscal year: Provided, That $13,000,000 shall

10 become available for obligation on October 1, 1996.

11 SOCIAL SERVICES BLOCK GRANT

12 For making grants to States pursuant to section

13 2002 of the Social Security Act, $2,480,000,000: Pro14 vided, That notwithstanding section 2003(c) of such Act,

15 the amount specified for allocation under such section for

16 fiscal year 1997 shall be $2,480,000,000.

17 CHILDREN AND FAMILIES SERVICES PROGRAMS

18 For carrying out, except as otherwise provided, the

19 Runaway and Homeless Youth Act, the Developmental

20 Disabilities Assistance and Bill of Rights Act, the Head

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

22 the Family Violence Prevention and Services Act, the Na23 tive American Programs Act of 1974, title II of Public

24 Law 95–266 (adoption opportunities), the Abandoned In25 fants Assistance Act of 1988, and part B(1) of title IV

26 of the Social Security Act; for making payments under the
38

•HR 3755 RFS

1 Community Services Block Grant Act; and for necessary

2 administrative expenses to carry out said Acts and titles

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

4 Act, the Act of July 5, 1960 (24 U.S.C. ch. 9), the Omni5 bus Budget Reconciliation Act of 1981, title IV of the Im6 migration and Nationality Act, section 501 of the Refugee

7 Education Assistance Act of 1980, and section 126 and

8 titles IV and V of Public Law 100–485, $4,854,036,000

9 (increased by $2,399,000), of which $531,941,000 shall

10 be for making payments under the Community Services

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

12 Services Block Grant funds are distributed as grant funds

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

14 and have not been expended by such entity, they shall re15 main with such entity for carryover into the next fiscal

16 year for expenditure by such entity consistent with pro17 gram purposes.

18 In addition, $27,358,000, to be derived from the Vio19 lent Crime Reduction Trust Fund, for carrying out sec20 tions 40155, 40211 and 40241 of Public Law 103–322.

21 FAMILY PRESERVATION AND SUPPORT

22 For carrying out section 430 of the Social Security

23 Act, $240,000,000.
39

•HR 3755 RFS

1 PAYMENTS TO STATES FOR FOSTER CARE AND ADOPTION

2 ASSISTANCE

3 For making payments to States or other non-Federal

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

5 $4,445,031,000.

6 For making payments to States or other non-Federal

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

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

9 ADMINISTRATION ON AGING

10 AGING SERVICES PROGRAMS

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

13 $810,545,000.

14 OFFICE OF THE SECRETARY

15 GENERAL DEPARTMENTAL MANAGEMENT

16 For necessary expenses, not otherwise provided, for

17 general departmental management, including hire of six

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

19 the Public Health Service Act, $148,999,000, together

20 with $5,851,000, to be transferred and expended as au21 thorized by section 201(g)(1) of the Social Security Act

22 from the Hospital Insurance Trust Fund and the Supple23 mental Medical Insurance Trust Fund: Provided, That of

24 the funds made available under this heading for carrying

25 out title XVII of the Public Health Service Act,
40

•HR 3755 RFS

1 $11,500,000 shall be available until expended for extra2 mural construction.

3 OFFICE OF INSPECTOR GENERAL

4 For expenses necessary for the Office of Inspector

5 General in carrying out the provisions of the Inspector

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

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

8 represent the equitable share from the forfeiture of prop9 erty in investigations in which the Office of Inspector Gen10 eral participated, and which are transferred to the Office

11 of the Inspector General by the Department of Justice,

12 the Department of the Treasury, or the United States

13 Postal Service.

14 OFFICE FOR CIVIL RIGHTS

15 For expenses necessary for the Office for Civil

16 Rights, $16,066,000, together with not to exceed

17 $3,314,000, to be transferred and expended as authorized

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

19 Hospital Insurance Trust Fund and the Supplemental

20 Medical Insurance Trust Fund.

21 POLICY RESEARCH

22 For carrying out, to the extent not otherwise pro23 vided, research studies under section 1110 of the Social

24 Security Act, $9,000,000.
41

•HR 3755 RFS

1 GENERAL PROVISIONS

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

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

4 and representation expenses when specifically approved by

5 the Secretary.

6 SEC. 202. The Secretary shall make available through

7 assignment not more than 60 employees of the Public

8 Health Service to assist in child survival activities and to

9 work in AIDS programs through and with funds provided

10 by the Agency for International Development, the United

11 Nations International Children’s Emergency Fund or the

12 World Health Organization.

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

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

17 103–43.

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

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

20 the Child Abuse Prevention and Treatment Act by reason

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

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

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

25 and Treatment Act.
42

•HR 3755 RFS

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

2 for the National Institutes of Health and the Substance

3 Abuse and Mental Health Services Administration shall

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

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

6 $125,000 per year.

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

8 may be expended pursuant to section 241 of the Public

9 Health Service Act, except for funds specifically provided

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

11 by any office located in the Department of Health and

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

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

15 uses of such funds.

16 (TRANSFER OF FUNDS)

17 SEC. 207. Of the funds appropriated or otherwise

18 made available for the Department of Health and Human

19 Services, General Departmental Management, for fiscal

20 year 1997, the Secretary of Health and Human Services

21 shall transfer to the Office of the Inspector General such

22 sums as may be necessary for any expenses with respect

23 to the provision of security protection for the Secretary

24 of Health and Human Services.

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

26 may be obligated or expended for the Federal Council on
43

•HR 3755 RFS

1 Aging under the Older Americans Act or the Advisory

2 Board on Child Abuse and Neglect under the Child Abuse

3 Prevention and Treatment Act.

4 (TRANSFER OF FUNDS)

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

7 Emergency Deficit Control Act, as amended) which are

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

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

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

15 (TRANSFER OF FUNDS)

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

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

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

19 centers, and divisions from the total amounts identified

20 by these two Directors as funding for research pertaining

21 to the human immunodeficiency virus: Provided, That the

22 Congress is promptly notified of the transfer.

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

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

25 provide grants or cooperative agreements under the SBIR

26 program under section 9(f) of Public Law 85–536 for re-
44

•HR 3755 RFS

1 search proposals when it is made known to the Federal

2 official having authority to obligate or expend such funds

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

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

5 median of the evaluation scores for the proposals in the

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

8 SEC. 212. EXTENSION OF MORATORIUM.—Section

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

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

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

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

15 of such Act.’’.

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

17 Services may in accordance with this section provide for

18 the relocation of the Federal facility known as the Gillis

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

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

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

25 State of Louisiana, without charge, title to the real prop-
45

•HR 3755 RFS

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

3 is a parcel consisting of approximately 330 acres. The

4 exact acreage and legal description used for purposes of

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

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

9 Louisiana engages in a material breach of the contract

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

12 election of the Secretary.

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

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

15 and the State enter into a contract whose provisions are

16 in accordance with the following:

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

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

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

23 incidental exceptions as the Secretary may approve,

24 and consistent with the memorandum of understand-
46

•HR 3755 RFS

1 ing signed June 11, 1996 by the Chancellors of Lou2 isiana State University and Southern University.

3 (2) For purposes of monitoring the extent to

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

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

9 contracts, conveyances of real or personal property,

10 or other transactions as the Secretary determines to

11 be necessary.

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

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

15 except to the extent the Secretary determines that

16 relocating particular patients is not feasible. During

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

19 after such period will have such access as may be

20 necessary with respect to the patients who pursuant

21 to the preceding sentence are not relocated.

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

25 to make repairs and to make energy-related improve-
47

•HR 3755 RFS

1 ments, subject to the availability of appropriations to

2 carry out the projects.

3 (5) The contract disposes of issues regarding

4 access to the cemetery located on the transferred

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

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

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

11 engineering, or dietary duties:

12 (A) The State will provide the individual

13 with the right of first refusal to an employment

14 position with the State with substantially the

15 same type of duties as the individual performed

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

18 (B) If the individual becomes an employee

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

20 State will make payments in accordance with

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

22 applicable with respect to the individual.

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

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

2 the contract.

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

4 subsection (b) is made.

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

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

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

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

9 5, United States Code:

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

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

13 Code, then once the individual separates from the

14 service and thereby becomes entitled to receive the

15 annuity, the pay differential shall be excluded from

16 the computation of the annuity unless the individual

17 separated from the service not later than 30 days

18 after the date on which the transfer was made.

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

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

22 then once the individual separates from the service

23 and thereby becomes entitled to receive the annuity,

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

2 the date on which the individual first became eligible

3 for the annuity.

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

6 all conditions under such section 8336 or 8412 to be

7 entitled to the annuity, except the condition that the

8 individual be separated from the service.

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

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

11 Center with management, engineering, or dietary duties,

12 and who becomes an employee of the State pursuant to

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

14 (A) The provisions of subchapter III of chapter

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

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

17 disability shall be considered to remain in effect with

18 respect to the individual (subject to subparagraph

19 (C)) until the earlier of—

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

22 subsection (b) is made; or

23 (ii) the date on which the individual first

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

2 reason of disability.

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

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

12 allocable to such coverage and is paid for service

13 performed during the period for which such coverage

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

16 paid at such time and in such manner as mutually

17 agreed by the State and the Office of Personnel

18 Management, and is in lieu of individual or agency

19 contributions otherwise required.

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

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

24 employee of the State after the date of the transfer

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

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

3 (whichever is applicable).

4 (e) The following provisions apply if under subsection

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

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

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

9 of Louisiana.

10 (2) The facility involved shall continue to be

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

12 Center.

13 (3) The Secretary shall make reasonable efforts

14 to inform the patients of the Center with respect to

15 the planning and carrying out of the relocation.

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

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

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

22 of the patient. Of the amounts appropriated for a

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

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

2 whom it is not feasible to relocate for purposes of

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

4 irrevocable choice of one of the following long-term

5 care options:

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

7 the patient may reside at the Center.

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

9 the patient may elect to receive payments each

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

11 for fiscal year 1998 and each subsequent fiscal

12 year to the extent necessary to offset inflation

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

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

19 any responsibilities regarding the daily life of

20 the patient, other than making such payments.

21 (6) The Secretary shall provide to each eligible

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

24 regarding the options under paragraph (5).

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

2 Long Hansen’s Disease Center.

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

4 of Health and Human Services.

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

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

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

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

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

12 Secretary shall without charge provide short-term care

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

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

16 treatment.

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

18 conduct training in the diagnosis and management of

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

22 and prevention of Hansen’s disease and the complications

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

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

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

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

8 disease to any person determined by the Secretary to be

9 in need of such care and treatment.

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

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

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

14 the Secretary. The rate shall be approximately equal to

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

16 the rate may not exceed the comparable costs per patient

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

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

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

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

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

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

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

25 subsequent fiscal year unless the applicant for the award
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1 agrees that, in operating the voluntary family planning

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

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

5 provision of services to individuals from low-income

6 families.

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

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

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

13 under a legal obligation, to pay the charge.

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

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

17 the project will impose a charge according to the

18 ability to pay.

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

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

22 the services involved.

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

24 policies of the applicant will ensure that economic
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1 status is not a deterrent to participation in the

2 project.

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

4 be expended for the program under section 1001 of title

5 X of the Public Health Service Act after the expiration

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

8 Human Services submits to the Congress, not later than

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

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

12 which the information is available:

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

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

19 (3) The number of individuals served by such

20 projects who are—

21 (A) at risk of unintended pregnancy; and

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

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

3 of abortions, and reduced the number of cases of

4 sexually transmitted diseases.

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

7 Federal and State expenditures for—

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

11 (B) the programs under title IV of such

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

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

17 $2,000,000.

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

19 and Human Services Appropriations Act, 1997’’.

20 TITLE III—DEPARTMENT OF EDUCATION

21 EDUCATION REFORM

22 For carrying out activities authorized by the School23 to-Work Opportunities Act, $175,000,000, which shall be24 come available on July 1, 1997, and remain available

25 through September 30, 1998.
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1 EDUCATION FOR THE DISADVANTAGED

2 For carrying out title I of the Elementary and Sec3 ondary Education Act of 1965, $7,204,130,000 (increased

4 by $20,000,000) (increased by $1,000,000), of which

5 $5,895,244,000 (increased by $20,000,000) (increased by

6 $1,000,000) shall become available on July 1, 1997, and

7 shall remain available through September 30, 1998, and

8 of which $1,298,386,000 shall become available on Octo9 ber 1, 1997 and shall remain available through September

10 30, 1998, for academic year 1997–1998: Provided, That

11 $6,042,766,000 (increased by $1,000,000) shall be avail12 able for basic grants under section 1124: Provided further,

13 That up to $3,500,000 of these funds shall be available

14 to the Secretary on October 1, 1996, to obtain updated

15 local-educational-agency-level census poverty data from

16 the Bureau of the Census: Provided further, That

17 $684,082,000 (increased by $20,000,000) shall be avail18 able for concentration grants under section 1124(A) and

19 $7,000,000 shall be available for evaluations under section

20 1501.

21 IMPACT AID

22 For carrying out programs of financial assistance to

23 federally affected schools authorized by title VIII of the

24 Elementary and Secondary Education Act of 1965,

25 $728,000,000, of which $615,500,000 shall be for basic

26 support payments under section 8003(b), $40,000,000
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1 shall be for payments for children with disabilities under

2 section 8003(d), $50,000,000, to remain available until

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

4 $5,000,000 shall be for construction under section 8007,

5 and $17,500,000 shall be for Federal property payments

6 under section 8002.

7 SCHOOL IMPROVEMENT PROGRAMS

8 For carrying out school improvement activities au9 thorized by titles IV–A–1, V–A, VI, IX, X and XIII of

10 the Elementary and Secondary Education Act of 1965; the

11 Stewart B. McKinney Homeless Assistance Act; and the

12 Civil Rights Act of 1964; $1,235,383,000 of which

13 $1,071,495,000 shall become available on July 1, 1997,

14 and remain available through September 30, 1998: Pro15 vided, That of the amount appropriated, $606,517,000

16 shall be for innovative education program strategies State

17 grants under title VI–A: Provided further, That the per18 centage of the funds appropriated under this heading for

19 innovative education program strategies State grants that

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

21 than the percentage allocated to such State or territory

22 from the total of the funds appropriated in appropriation

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

24 grants plus Eisenhower professional development State

25 grants, foreign language assistance grants, and the star

26 schools program.
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1 BILINGUAL AND IMMIGRANT EDUCATION

2 For carrying out, to the extent not otherwise pro3 vided, bilingual and immigrant education activities author4 ized by parts A and C of title VII of the Elementary and

5 Secondary Education Act, without regard to section

6 7103(b), $167,190,000, of which $50,000,000 shall be for

7 immigrant education programs authorized by part C: Pro8 vided, That State educational agencies may use all, or any

9 part of, their part C allocation for competitive grants to

10 local educational agencies: Provided further, That the De11 partment of Education should only support instructional

12 programs which ensure that students completely master

13 English in a timely fashion (a period of three to five years)

14 while meeting rigorous achievement standards in the aca15 demic content areas.

16 SPECIAL EDUCATION

17 For carrying out the Individuals with Disabilities

18 Education Act (except part I), $3,246,315,000, of which

19 $3,000,000,000 shall become available for obligation on

20 July 1, 1997, and shall remain available through Septem21 ber 30, 1998.

22 REHABILITATION SERVICES AND DISABILITY RESEARCH

23 For carrying out, to the extent not otherwise pro24 vided, the Rehabilitation Act of 1973, the Technology-Re25 lated Assistance for Individuals with Disabilities Act, and
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1 the Helen Keller National Center Act, as amended,

2 $2,509,447,000.

3 SPECIAL INSTITUTIONS FOR PERSONS WITH

4 DISABILITIES

5 AMERICAN PRINTING HOUSE FOR THE BLIND

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

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

8 NATIONAL TECHNICAL INSTITUTE FOR THE DEAF

9 For the National Technical Institute for the Deaf

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

11 of 1986 (20 U.S.C. 4301 et seq.), $43,041,000: Provided,

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

13 discretion use funds for the endowment program as au14 thorized under section 207.

15 GALLAUDET UNIVERSITY

16 For the Kendall Demonstration Elementary School,

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

18 support of Gallaudet University under titles I and II of

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

20 et seq.), $79,182,000: Provided, That from the amount

21 available, the University may at its discretion use funds

22 for the endowment program as authorized under section

23 207.

24 VOCATIONAL AND ADULT EDUCATION

25 For carrying out, to the extent not otherwise pro26 vided, the Carl D. Perkins Vocational and Applied Tech-
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1 nology Education Act and the Adult Education Act,

2 $1,329,669,000, of which $1,326,750,000 shall become

3 available on July 1, 1997 and shall remain available

4 through September 30, 1998: Provided, That no funds

5 shall be awarded to a State Council under section 112(f)

6 of the Carl D. Perkins Vocational and Applied Technology

7 Education Act, and no State shall be required to operate

8 such a Council.

9 STUDENT FINANCIAL ASSISTANCE

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

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

12 1965, as amended, $6,630,407,000, which shall remain

13 available through September 30, 1998.

14 The maximum Pell Grant for which a student shall

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

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

17 if the Secretary determines, prior to publication of the

18 payment schedule for such award year, that the amount

19 included within this appropriation for Pell Grant awards

20 in such award year, and any funds available from the fis21 cal year 1996 appropriation for Pell Grant awards, are

22 insufficient to satisfy fully all such awards for which stu23 dents are eligible, as calculated under section 401(b) of

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

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

26 fixed dollar amount, as determined in accordance with a
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1 schedule of reductions established by the Secretary for this

2 purpose.

3 FEDERAL FAMILY EDUCATION LOAN PROGRAM ACCOUNT

4 For Federal administrative expenses to carry out

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

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

7 HIGHER EDUCATION

8 For carrying out, to the extent not otherwise pro9 vided, parts A and B of title III, without regard to section

10 360(a)(1)(B)(ii), titles IV, V, VI, VII, and IX, part A and

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

12 Education Act of 1965, as amended, and the Mutual Edu13 cational and Cultural Exchange Act of 1961;

14 $829,497,000, of which $15,673,000 for interest subsidies

15 under title VII of the Higher Education Act, as amended,

16 shall remain available until expended: Provided, That

17 funds available for part D of title IX of the Higher Edu18 cation Act shall be available to fund noncompeting con19 tinuation awards for academic year 1997–1998 for fellow20 ships awarded originally under parts B and C of title IX

21 of said Act, under the terms and conditions of parts B

22 and C, respectively.

23 HOWARD UNIVERSITY

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

25 121 et seq.), $187,348,000: Provided, That from the

26 amount available, the University may at its discretion use
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1 funds for the endowment program as authorized under the

2 Howard University Endowment Act (Public Law 98–480).

3 HIGHER EDUCATION FACILITIES LOANS

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

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

11 year.

12 COLLEGE HOUSING AND ACADEMIC FACILITIES LOANS

13 PROGRAM

14 For administrative expenses to carry out the existing

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

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

18 COLLEGE HOUSING LOANS

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

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

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

23 limitation using loan repayments and other resources

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

3 HISTORICALLY BLACK COLLEGE AND UNIVERSITY

4 CAPITAL FINANCING, PROGRAM ACCOUNT

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

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

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

9 of such bonds shall not exceed zero.

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

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

14 EDUCATION RESEARCH, STATISTICS, AND IMPROVEMENT

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

18 Act of 1994; section 2102(c)(11), sections 3136 and 3141,

19 parts A, B, and section 10601 of title X, and part C of

20 title XIII of the Elementary and Secondary Education Act

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

22 227, $319,264,000: Provided, That $48,000,000 shall be

23 for sections 3136 and 3141 of the Elementary and Sec24 ondary Education Act: Provided further, That none of the

25 funds appropriated in this paragraph may be obligated or
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1 expended for the Goals 2000 Community Partnerships

2 Program.

3 LIBRARIES

4 For carrying out, to the extent not otherwise pro5 vided, titles I, III, and IV of the Library Services and Con6 struction Act, and title II–B of the Higher Education Act,

7 $108,000,000, of which $2,500,000 shall be for section

8 222 and $1,000,000 shall be for section 223 of the Higher

9 Education Act.

10 DEPARTMENTAL MANAGEMENT

11 PROGRAM ADMINISTRATION

12 For carrying out, to the extent not otherwise pro13 vided, the Department of Education Organization Act, in14 cluding rental of conference rooms in the District of Co15 lumbia and hire of two passenger motor vehicles,

16 $320,152,000 (decreased by $20,000,000) (decreased by

17 $1,000,000) (reduced by $1,923,000).

18 OFFICE FOR CIVIL RIGHTS

19 For expenses necessary for the Office for Civil

20 Rights, as authorized by section 203 of the Department

21 of Education Organization Act, $54,171,000.

22 OFFICE OF THE INSPECTOR GENERAL

23 For expenses necessary for the Office of the Inspector

24 General, as authorized by section 212 of the Department

25 of Education Organization Act, $27,143,000, together

26 with any funds, to remain available until expended, that
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1 represent the equitable share from the forfeiture of prop2 erty in investigations in which the Office of Inspector Gen3 eral participated, and which are transferred to the Office

4 of the Inspector General by the Department of Justice,

5 the Department of the Treasury, or the United States

6 Postal Service.

7 GENERAL PROVISIONS

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

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

10 the purchase of equipment for such transportation) in

11 order to overcome racial imbalance in any school or school

12 system, or for the transportation of students or teachers

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

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

15 school or school system.

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

17 shall be used to require, directly or indirectly, the trans18 portation of any student to a school other than the school

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

20 requiring special education, to the school offering such

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

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

23 an indirect requirement of transportation of students in24 cludes the transportation of students to carry out a plan

25 involving the reorganization of the grade structure of
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1 schools, the pairing of schools, or the clustering of schools,

2 or any combination of grade restructuring, pairing or clus3 tering. The prohibition described in this section does not

4 include the establishment of magnet schools.

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

6 be used to prevent the implementation of programs of vol7 untary prayer and meditation in the public schools.

8 SEC. 304. Notwithstanding any other provision of

9 law, funds available under section 458 of the Higher Edu10 cation Act shall not exceed $420,000,000 for fiscal year

11 1997. The Department of Education shall use at least

12 $134,000,000 for payment of administrative cost allow13 ances owed to guaranty agencies for fiscal years 1996 and

14 1997. The Department of Education shall pay administra15 tive cost allowances to guaranty agencies, to be paid quar16 terly. Receipt of such funds and uses of such funds by

17 guaranty agencies shall be in accordance with section

18 428(f) of the Higher Education Act.

19 Notwithstanding section 458 of the Higher Education

20 Act, the Secretary may not use funds available under that

21 section or any other section for subsequent fiscal years

22 for administrative expenses of the William D. Ford Direct

23 Loan Program. The Secretary may not require the return

24 of guaranty agency reserve funds during fiscal year 1997,

25 except after consultation with both the Chairmen and
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1 ranking members of the House Economic and Educational

2 Opportunities Committee and the Senate Labor and

3 Human Resources Committee. Any reserve funds recov4 ered by the Secretary shall be returned to the Treasury

5 of the United States for purposes of reducing the Federal

6 deficit.

7 No funds available to the Secretary may be used for

8 (1) the hiring of advertising agencies or other third parties

9 to provide advertising services for student loan programs,

10 or (2) payment of administrative fees relating to the Wil11 liam D. Ford Direct Loan Program to institutions of high12 er education.

13 SEC. 305. None of the funds appropriated in this Act

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

15 932, and 1002 of the Higher Education Act of 1965, and

16 section 621(b) of Public Law 101–589.

17 (TRANSFER OF FUNDS)

18 SEC. 306. Not to exceed 1 percent of any discre19 tionary funds (pursuant to the Balanced Budget and

20 Emergency Deficit Control Act, as amended) which are

21 appropriated for the current fiscal year for the Depart22 ment of Education in this Act may be transferred between

23 appropriations, but no such appropriation shall be in24 creased by more than 3 percent by any such transfer: Pro25 vided, That the Appropriations Committees of both
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1 Houses of Congress are notified at least fifteen days in

2 advance of any transfer.

3 SEC. 307. (a) Section 8003(f)(3)(A)(i) of the Ele4 mentary and Secondary Education Act of 1965 (20 U.S.C.

5 7703(f)(3)(A)(i)) is amended—

6 (1) in the matter preceding subclause (I), by

7 striking ‘‘The Secretary’’ and all that follows

8 through ‘‘greater of—’’ and inserting the following:

9 ‘‘The Secretary, in conjunction with the local edu10 cational agency, shall first determine each of the fol11 lowing:’’;

12 (2) in each of subclauses (I) through (III), by

13 striking ‘‘the average’’ each place it appears the first

14 time in each such subclause and inserting ‘‘The av15 erage’’;

16 (3) in subclause (I), by striking the semicolon

17 and inserting a period;

18 (4) in subclause (II), by striking ‘‘: or’’ and in19 serting a period; and

20 (5) by adding at the end the following:

21 ‘‘The local educational agency shall select one

22 of the amounts determined under subclause (I),

23 (II), or (III) for purposes of the remaining

24 computations under this subparagraph.’’.
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1 (b) The amendments made by subsection (a) shall

2 apply with respect to fiscal years beginning with fiscal

3 year 1995.

4 TITLE III-A—WOMEN’S EDUCATIONAL EQUITY

5 INCREASE

6 The amount provided in title III for ‘‘School Improve7 ment Programs’’ (including for activities authorized by

8 title V–B of the Elementary and Secondary Education Act

9 of 1965) is increased, and the amount provided in title

10 III for ‘‘Education Research, Statistics, and Improve11 ment’’ is reduced; by $2,000,000, and $2,000,000, respec12 tively.

13 These titles may be cited as the ‘‘Department of Edu14 cation Appropriations Act, 1997’’.

15 TITLE IV—RELATED AGENCIES

16 ARMED FORCES RETIREMENT HOME

17 For expenses necessary for the Armed Forces Retire18 ment Home to operate and maintain the United States

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

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

21 Forces Retirement Home Trust Fund, $53,184,000, of

22 which $432,000 shall remain available until expended for

23 construction and renovation of the physical plants at the

24 United States Soldiers’ and Airmen’s Home and the Unit25 ed States Naval Home: Provided, That this appropriation
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1 shall not be available for the payment of hospitalization

2 of members of the Soldiers’ and Airmen’s Home in United

3 States Army hospitals at rates in excess of those pre4 scribed by the Secretary of the Army upon recommenda5 tion of the Board of Commissioners and the Surgeon Gen6 eral of the Army.

7 CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

8 DOMESTIC VOLUNTEER SERVICE PROGRAMS, OPERATING

9 EXPENSES

10 For expenses necessary for the Corporation for Na11 tional and Community Service to carry out the provisions

12 of the Domestic Volunteer Service Act of 1973, as amend13 ed, $202,046,000 (increased by $1,923,000).

14 CORPORATION FOR PUBLIC BROADCASTING

15 For payment to the Corporation for Public Broad16 casting, as authorized by the Communications Act of

17 1934, an amount which shall be available within limita18 tions specified by that Act, for the fiscal year 1999,

19 $250,000,000: Provided, That no funds made available to

20 the Corporation for Public Broadcasting by this Act shall

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

22 of entertainment for Government officials or employees:

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

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

25 program or activity from which any person is excluded,
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1 or is denied benefits, or is discriminated against, on the

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

3 FEDERAL MEDIATION AND CONCILIATION SERVICE

4 SALARIES AND EXPENSES

5 For expenses necessary for the Federal Mediation

6 and Conciliation Service to carry out the functions vested

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

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

9 motor vehicles; and for expenses necessary for the Labor10 Management Cooperation Act of 1978 (29 U.S.C. 175a);

11 and for expenses necessary for the Service to carry out

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

13 Public Law 95–454 (5 U.S.C. chapter 71), $32,579,000

14 including $1,500,000, to remain available through Sep15 tember 30, 1998, for activities authorized by the Labor16 Management Cooperation Act of 1978 (29 U.S.C. 175a):

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

18 charged, up to full-cost recovery, for special training ac19 tivities and for arbitration services shall be credited to and

20 merged with this account, and shall remain available until

21 expended: Provided further, That fees for arbitration serv22 ices shall be available only for education, training, and

23 professional development of the agency workforce: Pro24 vided further, That the Director of the Service is author25 ized to accept on behalf of the United States gifts of serv-
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1 ices and real, personal, or other property in the aid of any

2 projects or functions within the Director’s jurisdiction.

3 FEDERAL MINE SAFETY AND HEALTH REVIEW

4 COMMISSION

5 SALARIES AND EXPENSES

6 For expenses necessary for the Federal Mine Safety

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

8 $6,060,000.

9 NATIONAL COMMISSION ON LIBRARIES AND

10 INFORMATION SCIENCE

11 SALARIES AND EXPENSES

12 For necessary expenses for the National Commission

13 on Libraries and Information Science, established by the

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

15 by Public Law 102–95), $812,000.

16 NATIONAL COUNCIL ON DISABILITY

17 SALARIES AND EXPENSES

18 For expenses necessary for the National Council on

19 Disability as authorized by title IV of the Rehabilitation

20 Act of 1973, as amended, $1,757,000.

21 NATIONAL EDUCATION GOALS PANEL

22 For expenses necessary for the National Education

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

24 2000: Educate America Act, $974,000.
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1 NATIONAL LABOR RELATIONS BOARD

2 SALARIES AND EXPENSES

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

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

6 U.S.C. 141–167), and other laws, $144,692,000: Pro7 vided, That no part of this appropriation shall be available

8 to organize or assist in organizing agricultural laborers or

9 used in connection with investigations, hearings, direc10 tives, or orders concerning bargaining units composed of

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

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

13 by the Labor-Management Relations Act, 1947, as amend14 ed, and as defined in section 3(f) of the Act of June 25,

15 1938 (29 U.S.C. 203), and including in said definition em16 ployees engaged in the maintenance and operation of

17 ditches, canals, reservoirs, and waterways when main18 tained or operated on a mutual, nonprofit basis and at

19 least 95 per centum of the water stored or supplied there20 by is used for farming purposes: Provided further, That

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

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

23 part 103) regarding single location bargaining units in

24 representation cases.
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1 NATIONAL MEDIATION BOARD

2 SALARIES AND EXPENSES

3 For expenses necessary to carry out the provisions

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

5 188), including emergency boards appointed by the Presi6 dent, $7,656,000.

7 OCCUPATIONAL SAFETY AND HEALTH REVIEW

8 COMMISSION

9 SALARIES AND EXPENSES

10 For expenses necessary for the Occupational Safety

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

12 $7,753,000.

13 PHYSICIAN PAYMENT REVIEW COMMISSION

14 SALARIES AND EXPENSES

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

16 of the Social Security Act, $2,920,000, to be transferred

17 to this appropriation from the Federal Supplementary

18 Medical Insurance Trust Fund.

19 PROSPECTIVE PAYMENT ASSESSMENT COMMISSION

20 SALARIES AND EXPENSES

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

22 of the Social Security Act, $3,263,000, to be transferred

23 to this appropriation from the Federal Hospital Insurance

24 and the Federal Supplementary Medical Insurance Trust

25 Funds.
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1 SOCIAL SECURITY ADMINISTRATION

2 PAYMENTS TO SOCIAL SECURITY TRUST FUNDS

3 For payment to the Federal Old-Age and Survivors

4 Insurance and the Federal Disability Insurance trust

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

6 1131(b)(2) of the Social Security Act, $20,923,000.

7 In addition, to reimburse these trust funds for admin8 istrative expenses to carry out sections 9704 and 9706 of

9 the Internal Revenue Code of 1986, $10,000,000, to re10 main available until expended.

11 SPECIAL BENEFITS FOR DISABLED COAL MINERS

12 For carrying out title IV of the Federal Mine Safety

13 and Health Act of 1977, $460,070,000, to remain avail14 able until expended.

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

16 benefit payments to individuals under title IV of the Fed17 eral Mine Safety and Health Act of 1977, for costs in18 curred in the current fiscal year, such amounts as may

19 be necessary.

20 For making benefit payments under title IV of the

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

22 quarter of fiscal year 1998, $160,000,000, to remain

23 available until expended.

24 SUPPLEMENTAL SECURITY INCOME PROGRAM

25 For carrying out titles XI and XVI of the Social Se26 curity Act, section 401 of Public Law 92–603, section 212
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1 of Public Law 93–66, as amended, and section 405 of

2 Public Law 95–216, including payment to the Social Secu3 rity trust funds for administrative expenses incurred pur4 suant to section 201(g)(1) of the Social Security Act,

5 $19,422,115,000, to remain available until expended: Pro6 vided, That any portion of the funds provided to a State

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

8 during that year shall be returned to the Treasury.

9 In addition, $25,000,000, to remain available until

10 September 30, 1998, for continuing disability reviews as

11 authorized by section 103 of Public Law 104–121. The

12 term ‘‘continuing disability reviews’’ has the meaning

13 given such term by section 201(g)(1)(A) of the Social Se14 curity Act.

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

16 benefit payments to individuals under title XVI of the So17 cial Security Act, for unanticipated costs incurred for the

18 current fiscal year, such sums as may be necessary.

19 For carrying out title XVI of the Social Security Act

20 for the first quarter of fiscal year 1998, $9,690,000,000,

21 to remain available until expended.

22 LIMITATION ON ADMINISTRATIVE EXPENSES

23 For necessary expenses, including the hire of two pas24 senger motor vehicles, and not to exceed $10,000 for offi25 cial reception and representation expenses, not more than

26 $5,899,797,000 may be expended, as authorized by sec-
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1 tion 201(g)(1) of the Social Security Act or as necessary

2 to carry out sections 9704 and 9706 of the Internal Reve3 nue Code of 1986 from any one or all of the trust funds

4 referred to therein: Provided, That reimbursement to the

5 trust funds under this heading for administrative expenses

6 to carry out sections 9704 and 9706 of the Internal Reve7 nue Code of 1986 shall be made, with interest, not later

8 than September 30, 1998: Provided further, That not less

9 than $1,500,000 shall be for the Social Security Advisory

10 Board.

11 From funds provided under the previous paragraph,

12 not less than $200,000,000 shall be available for conduct13 ing continuing disability reviews.

14 In addition to funding already available under this

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

16 $160,000,000, to remain available until September 30,

17 1998, for continuing disability reviews as authorized by

18 section 103 of Public Law 104–121. The term ‘‘continuing

19 disability reviews’’ has the meaning given such term by

20 section 201(g)(1)(A) of the Social Security Act.

21 In addition to funding already available under this

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

23 $250,073,000, which shall remain available until ex24 pended, to invest in a state-of-the-art computing network,

25 including related equipment and administrative expenses
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1 associated solely with this network, for the Social Security

2 Administration and the State Disability Determination

3 Services, may be expended from any or all of the trust

4 funds as authorized by section 201(g)(1) of the Social Se5 curity Act.

6 OFFICE OF INSPECTOR GENERAL

7 For expenses necessary for the Office of Inspector

8 General in carrying out the provisions of the Inspector

9 General Act of 1978, as amended, $6,335,000, together

10 with not to exceed $21,089,000, to be transferred and ex11 pended as authorized by section 201(g)(1) of the Social

12 Security Act from the Federal Old-Age and Survivors In13 surance Trust Fund and the Federal Disability Insurance

14 Trust Fund.

15 RAILROAD RETIREMENT BOARD

16 DUAL BENEFITS PAYMENTS ACCOUNT

17 For payment to the Dual Benefits Payments Ac18 count, authorized under section 15(d) of the Railroad Re19 tirement Act of 1974, $223,000,000, which shall include

20 amounts becoming available in fiscal year 1997 pursuant

21 to section 224(c)(1)(B) of Public Law 98–76; and in addi22 tion, an amount, not to exceed 2 percent of the amount

23 provided herein, shall be available proportional to the

24 amount by which the product of recipients and the average

25 benefit received exceeds $223,000,000: Provided, That the

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

2 in the fiscal year.

3 FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT

4 ACCOUNTS

5 For payment to the accounts established in the

6 Treasury for the payment of benefits under the Railroad

7 Retirement Act for interest earned on unnegotiated

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

9 30, 1998, which shall be the maximum amount available

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

11 76.

12 LIMITATION ON ADMINISTRATION

13 For necessary expenses for the Railroad Retirement

14 Board for administration of the Railroad Retirement Act

15 and the Railroad Unemployment Insurance Act,

16 $87,898,000, to be derived in such amounts as determined

17 by the Board from the railroad retirement accounts and

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

20 LIMITATION ON THE OFFICE OF INSPECTOR GENERAL

21 For expenses necessary for the Office of Inspector

22 General for audit, investigatory and review activities, as

23 authorized by the Inspector General Act of 1978, as

24 amended, not more than $5,268,000, to be derived from

25 the railroad retirement accounts and railroad unemploy26 ment insurance account: Provided, That none of the funds
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1 made available in this Act may be transferred to the Office

2 from the Department of Health and Human Services, or

3 used to carry out any such transfer: Provided further, That

4 none of the funds made available in this paragraph may

5 be used for any audit, investigation, or review of the Medi6 care program.

7 UNITED STATES INSTITUTE OF PEACE

8 OPERATING EXPENSES

9 For necessary expenses of the United States Institute

10 of Peace as authorized in the United States Institute of

11 Peace Act, $11,160,000.

12 TITLE V—GENERAL PROVISIONS

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

14 Human Services, and Education are authorized to transfer

15 unexpended balances of prior appropriations to accounts

16 corresponding to current appropriations provided in this

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

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

19 which they were originally appropriated.

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

21 this Act shall remain available for obligation beyond the

22 current fiscal year unless expressly so provided herein.

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

24 in this Act shall be used, other than for normal and recog25 nized executive-legislative relationships, for publicity or
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1 propaganda purposes, for the preparation, distribution, or

2 use of any kit, pamphlet, booklet, publication, radio, tele3 vision, or video presentation designed to support or defeat

4 legislation pending before the Congress, except in presen5 tation to the Congress itself.

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

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

8 grant or contract recipient, or agent acting for such recipi9 ent, related to any activity designed to influence legislation

10 or appropriations pending before the Congress.

11 SEC. 504. The Secretaries of Labor and Education

12 are each authorized to make available not to exceed

13 $15,000 from funds available for salaries and expenses

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

15 and representation expenses; the Director of the Federal

16 Mediation and Conciliation Service is authorized to make

17 available for official reception and representation expenses

18 not to exceed $2,500 from the funds available for ‘‘Sala19 ries and expenses, Federal Mediation and Conciliation

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

21 Board is authorized to make available for official reception

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

23 funds available for ‘‘Salaries and expenses, National Medi24 ation Board’’.
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1 SEC. 505. Notwithstanding any other provision of

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

3 used to carry out any program of distributing sterile nee4 dles for the hypodermic injection of any illegal drug unless

5 the Secretary of Health and Human Services determines

6 that such programs are effective in preventing the spread

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

8 SEC. 506. (a) PURCHASE OF AMERICAN-MADE

9 EQUIPMENT AND PRODUCTS.—It is the sense of the Con10 gress that, to the greatest extent practicable, all equip11 ment and products purchased with funds made available

12 in this Act should be American-made.

13 (b) NOTICE REQUIREMENT.—In providing financial

14 assistance to, or entering into any contract with, any en15 tity using funds made available in this Act, the head of

16 each Federal agency, to the greatest extent practicable,

17 shall provide to such entity a notice describing the state18 ment made in subsection (a) by the Congress.

19 (c) PROHIBITION OF CONTRACTS WITH PERSONS

20 FALSELY LABELING PRODUCTS AS MADE IN AMERICA.—

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

22 agency that any person intentionally affixed a label bear23 ing a ‘‘Made in America’’ inscription, or any inscription

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

25 to the United States that is not made in the United
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1 States, the person shall be ineligible to receive any con2 tract or subcontract made with funds made available in

3 this Act, pursuant to the debarment, suspension, and ineli4 gibility procedures described in sections 9.400 through

5 9.409 of title 48, Code of Federal Regulations.

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

7 requests for proposals, bid solicitations and other docu8 ments describing projects or programs funded in whole or

9 in part with Federal money, all grantees receiving Federal

10 funds, including but not limited to State and local govern11 ments and recipients of Federal research grants, shall

12 clearly state (1) the percentage of the total costs of the

13 program or project which will be financed with Federal

14 money, (2) the dollar amount of Federal funds for the

15 project or program, and (3) percentage and dollar amount

16 of the total costs of the project or program that will be

17 financed by nongovernmental sources.

18 SEC. 508. None of the funds appropriated under this

19 Act shall be expended for any abortion except when it is

20 made known to the Federal entity or official to which

21 funds are appropriated under this Act that such procedure

22 is necessary to save the life of the mother or that the preg23 nancy is the result of an act of rape or incest.

24 SEC. 509. Notwithstanding any other provision of

25 law—
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1 (1) no amount may be transferred from an ap2 propriation account for the Departments of Labor,

3 Health and Human Services, and Education except

4 as authorized in this or any subsequent appropria5 tion act, or in the Act establishing the program or

6 activity for which funds are contained in this Act;

7 (2) no department, agency, or other entity,

8 other than the one responsible for administering the

9 program or activity for which an appropriation is

10 made in this Act, may exercise authority for the tim11 ing of the obligation and expenditure of such appro12 priation, or for the purposes for which it is obligated

13 and expended, except to the extent and in the man14 ner otherwise provided in sections 1512 and 1513 of

15 title 31, United States Code; and

16 (3) no funds provided under this Act shall be

17 available for the salary (or any part thereof) of an

18 employee who is reassigned on a temporary detail

19 basis to another position in the employing agency or

20 department or in any other agency or department,

21 unless the detail is independently approved by the

22 head of the employing department or agency.

23 SEC. 510. None of the funds made available in this

24 Act may be used for the expenses of an electronic benefit

25 transfer (EBT) task force.
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1 SEC. 511. None of the funds made available in this

2 Act may be used to enforce the requirements of section

3 428(b)(1)(U)(iii) of the Higher Education Act of 1965

4 with respect to any lender when it is made known to the

5 Federal official having authority to obligate or expend

6 such funds that the lender has a loan portfolio under part

7 B of title IV of such Act that is equal to or less than

8 $5,000,000.

9 SEC. 512. (a) None of the funds made available in

10 this Act may be used for—

11 (1) the creation of a human embryo or embryos

12 for research purposes; or

13 (2) research in which a human embryo or em14 bryos are destroyed, discarded, or knowingly sub15 jected to risk of injury or death greater than that

16 allowed for research on fetuses in utero under 45

17 CFR 46.208(a)(2) and section 498(b) of the Public

18 Health Service Act (42 U.S.C. 289g(b)).

19 (b) For purposes of this section, the term ‘‘human

20 embryo or embryos’’ include any organism, not protected

21 as a human subject under 45 CFR 46 as of the date of

22 the enactment of this Act, that is derived by fertilization,

23 parthenogenesis, cloning, or any other means from one or

24 more human gametes.
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1 SEC. 513. None of the funds made available in this

2 Act may be used by the National Labor Relations Board

3 to assert jurisdiction over any labor dispute when it is

4 made known to the Federal official having authority to

5 obligate or expend such funds that—

6 (1) the labor dispute does not involve any class

7 or category of employer over which the Board would

8 assert jurisdiction under the standards prevailing on

9 August 1, 1959, with each financial threshold

10 amount adjusted for inflation by—

11 (A) using changes in the Consumer Price

12 Index for all urban consumers published by the

13 Department of Labor;

14 (B) using as the base period the later of

15 (i) the most recent calendar quarter ending be16 fore the financial threshold amount was estab17 lished; or (ii) the calendar quarter ending June

18 30, 1959; and

19 (C) rounding the adjusted financial thresh20 old amount to the nearest $10,000; and

21 (2) the effect of the labor dispute on interstate

22 commerce is not otherwise sufficiently substantial to

23 warrant the exercise of the Board’s jurisdiction.

24 SEC. 514. None of the funds made available in this

25 Act may be used to provide any direct benefit or assistance
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1 to any individual in the United States when it is made

2 known to the Federal official having authority to obligate

3 or expend such funds that—

4 (1) the individual is not lawfully within the

5 United States; and

6 (2) the benefit or assistance to be provided is

7 other than emergency medical assistance; a benefit

8 mandated by the federal courts to be provided by the

9 State; or public health assistance for immunizations

10 with respect to immunizable diseases, testing and

11 treatment for communicable diseases, and treatment

12 for symptoms of communicable diseases whether or

13 not such symptoms are actually caused by a commu14 nicable disease.

15 SEC. 515. The Mine Safety and Health Administra16 tion shall not close or relocate any safety and health tech17 nology center until after submitting to the Committee on

18 Appropriations of the House of Representatives a detailed

19 analysis of the cost savings anticipated from such action

20 and the effects of such action on the provision of services,

21 including timely on-site assistance during mine emer22 gencies.

23 SEC. 516. (a) LIMITATION ON USE OF FUNDS FOR

24 PROMOTION OF LEGALIZATION OF CONTROLLED SUB25 STANCES.—None of the funds made available in this Act
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1 may be used for any activity when it is made known to

2 the Federal official having authority to obligate or expend

3 such funds that the activity promotes the legalization of

4 any drug or other substance included in schedule I of the

5 schedules of controlled substances established by section

6 202 of the Controlled Substances Act (21 U.S.C. 812).

7 (b) EXCEPTIONS.—The limitation in subsection (a)

8 shall not apply when it is made known to the Federal offi9 cial having authority to obligate or expend such funds that

10 there is significant medical evidence of a therapeutic ad11 vantage to the use of such drug or other substance or that

12 Federally-sponsored clinical trials are being conducted to

13 determine therapeutic advantage.

14 SEC. 517. (a) DENIAL OF FUNDS FOR PREVENTING

15 ROTC ACCESS TO CAMPUS.—None of the funds made

16 available in this Act may be provided by contract or by

17 grant (including a grant of funds to be available for stu18 dent aid) to an institution of higher education when it is

19 made known to the Federal official having authority to

20 obligate or expend such funds that the institution (or any

21 subelement thereof) has a policy or practice (regardless

22 of when implemented) that prohibits, or in effect pre23 vents—

24 (1) the maintaining, establishing, or operation

25 of a unit of the Senior Reserve Officer Training
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1 Corps (in accordance with section 654 of title 10,

2 United States Code, and other applicable Federal

3 laws) at the institution (or subelement); or

4 (2) a student at the institution (or subelement)

5 from enrolling in a unit of the Senior Reserve Offi6 cer Training Corps at another institution of higher

7 education.

8 (b) EXCEPTION.—The limitation established in sub9 section (a) shall not apply to an institution of higher edu10 cation when it is made known to the Federal official hav11 ing authority to obligate or expend such funds that—

12 (1) the institution (or subelement) has ceased

13 the policy or practice described in such subsection;

14 or

15 (2) the institution has a longstanding policy of

16 pacifism based on historical religious affiliation.

17 SEC. 518. (a) DENIAL OF FUNDS FOR PREVENTING

18 FEDERAL MILITARY RECRUITING ON CAMPUS.—None of

19 the funds made available in this Act may be provided by

20 contract or grant (including a grant of funds to be avail21 able for student aid) to any institution of higher education

22 when it is made known to the Federal official having au23 thority to obligate or expend such funds that the institu24 tion (or any subelement thereof) has a policy or practice
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1 (regardless of when implemented) that prohibits, or in ef2 fect prevents—

3 (1) entry to campuses, or access to students

4 (who are 17 years of age or older) on campuses, for

5 purposes of Federal military recruiting; or

6 (2) access to the following information pertain7 ing to students (who are 17 years of age or older)

8 for purposes of Federal military recruiting: student

9 names, addresses, telephone listings, dates and

10 places of birth, levels of education, degrees received,

11 prior military experience, and the most recent pre12 vious educational institutions enrolled in by the stu13 dents.

14 (b) EXCEPTION.—The limitation established in sub15 section (a) shall not apply to an institution of higher edu16 cation when it is made known to the Federal official hav17 ing authority to obligate or expend such funds that—

18 (1) the institution (or subelement) has ceased

19 the policy or practice described in such subsection;

20 or

21 (2) the institution has a longstanding policy of

22 pacifism based on historical religious affiliation.

23 SEC. 519. None of the funds made available in this

24 Act may be obligated or expended to enter into or renew

25 a contract with an entity when it is made known to the
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1 Federal official having authority to obligate or expend

2 such funds that—

3 (1) such entity is otherwise a contractor with

4 the United States and is subject to the requirement

5 in section 4212(d) of title 38, United States Code,

6 regarding submission of an annual report to the Sec7 retary of Labor concerning employment of certain

8 veterans; and

9 (2) such entity has not submitted a report as

10 required by that section for the most recent year for

11 which such requirement was applicable to such en12 tity.

13 SEC. 520. None of the funds made available in this

14 Act to the Department of Labor may be used to enforce

15 section 1926.28(a) of title 29, Code of Federal Regula16 tions, with respect to any operation, when it is made

17 known to the Federal official having authority to obligate

18 or expend such funds that such enforcement pertains to

19 a requirement that workers wear long pants and such re20 quirement would cause workers to experience extreme dis21 comfort due to excessively high air temperatures.

22 SEC. 521. None of the funds made available in this

23 Act may be used to order, direct, enforce, or compel any

24 employer to pay backpay to any employee for any period

25 when it is made known to the Federal official to whom
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1 the funds are made available that during such period the

2 employee was not lawfully entitled to be present and em3 ployed in the United States.

4 SEC. 522. (a) LIMITATION ON TRANSFERS FROM

5 MEDICARE TRUST FUNDS.—None of the funds made

6 available in this Act under the heading ‘‘Title II—Depart7 ment of Health and Human Services—Health Care Fi8 nancing Administration—Program Management’’ for

9 transfer from the Federal Hospital Insurance Trust Fund

10 or the Federal Supplementary Medical Insurance Trust

11 Fund may be used for expenditures for official time for

12 employees of the Department of Health and Human Serv13 ices pursuant to section 7131 of title 5, United States

14 Code, or for facilities or support services for labor organi15 zations pursuant to policies, regulations, or procedures re16 ferred to in section 7135(b) of such title.

17 (b) LIMITATION ON TRANSFERS FROM OASDI

18 TRUST FUNDS.—None of the funds made available in this

19 Act under the heading ‘‘Title IV—Related Agencies—So20 cial Security Administration—Limitation on Administra21 tive Expenses’’ for transfer from the Federal Old-Age and

22 Survivors Insurance Trust Fund or the Federal Disability

23 Insurance Trust Fund may be used for expenditures for

24 official time for employees of the Social Security Adminis25 tration pursuant to section 7131 of title 5, United States
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1 Code, or for facilities or support services for labor organi2 zations pursuant to policies, regulations, or procedures re3 ferred to in section 7135(b) of such title.

4 SEC. 523. None of the funds appropriated in this Act

5 may be made available to any entity under title X of the

6 Public Health Service Act unless it is made known to the

7 Federal official having authority to obligate or expend

8 such funds that the applicant for the award certifies to

9 the Secretary that it encourages family participation in

10 the decision of the minor to seek family planning services.

11 This Act may be cited as the ‘‘Departments of Labor,

12 Health and Human Services, and Education, and Related

13 Agencies Appropriations Act, 1997’’.

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

Attest: ROBIN H. CARLE,

Clerk.