Union Calendar No. 336

104TH CONGRESS

2D SESSION H. R. 3755

[Report No. 104–659]

A BILL

Making appropriations for the Departments of

poses.ending September 30, 1997, and for other purcation, and related agencies, for the fiscal yearLabor, Health and Human Services, and EduJULY 8, 1996

Committed to the Committee of the Whole House on the

State of the Union and ordered to be printed
IB

Union Calendar No. 336

104TH CONGRESS

2D SESSION H. R. 3755

[Report No. 104–659]

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.

IN THE HOUSE OF REPRESENTATIVES

JULY 8, 1996

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

bill; which was committed to the Committee of the Whole House on the

State of the Union and ordered to be printed

A BILL

Making appropriations for the Departments of Labor, Health

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

and for other purposes.

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

3 That the following sums are appropriated, out of any

4 money in the Treasury not otherwise appropriated, for the

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

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

3 TITLE I—DEPARTMENT OF LABOR

4 EMPLOYMENT AND TRAINING ADMINISTRATION

5 TRAINING AND EMPLOYMENT SERVICES

6 For expenses necessary to carry into effect the Job

7 Training Partnership Act, as amended, including the pur8 chase and hire of passenger motor vehicles, the construc9 tion, alteration, and repair of buildings and other facili10 ties, and the purchase of real property for training centers

11 as authorized by the Job Training Partnership Act; the

12 Women in Apprenticeship and Nontraditional Occupations

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

14 School-to-Work Opportunities Act; $4,171,482,000 plus

15 reimbursements, of which $3,297,011,000 is available for

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

17 1998; of which $73,861,000 is available for the period

18 July 1, 1997 through June 30, 2000 for necessary ex19 penses of construction, rehabilitation, and acquisition of

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

21 available from July 1, 1997 through September 30, 1998,

22 for carrying out activities of the School-to-Work Opportu23 nities Act: Provided, That $50,000,000 shall be for carry24 ing out section 401 of the Job Training Partnership Act,

25 $65,000,000 shall be for carrying out section 402 of such
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1 Act, $7,300,000 shall be for carrying out section 441 of

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

3 by and through the National Occupational Information

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

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

6 $126,672,000 shall be for carrying out title II, part C of

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

8 appropriation shall be used to provide meal services at or

9 for Job Corps centers: Provided further, That funds pro10 vided to carry out title III of the Job Training Partnership

11 Act shall not be subject to the limitation contained in sub12 section (b) of section 315 of such Act; that the waiver

13 allowing a reduction in the cost limitation relating to re14 training services described in subsection (a)(2) of such

15 section 315 may be granted with respect to funds from

16 this Act if a substate grantee demonstrates to the Gov17 ernor that such waiver is appropriate due to the availabil18 ity of low-cost retraining services, is necessary to facilitate

19 the provision of needs-related payments to accompany

20 long-term training, or is necessary to facilitate the provi21 sion of appropriate basic readjustment services; and that

22 funds provided to carry out the Secretary’s discretionary

23 grants under part B of such title III may be used to pro24 vide needs-related payments to participants who, in lieu

25 of meeting the requirements relating to enrollment in
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1 training under section 314(e) of such Act, are enrolled in

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

3 have been awarded: Provided further, That service delivery

4 areas may transfer funding provided herein under author5 ity of titles II–B and II–C of the Job Training Partner6 ship Act between the programs authorized by those titles

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

8 Provided further, That service delivery areas and substate

9 areas may transfer funding provided herein under author10 ity of title II–A and title III of the Job Training Partner11 ship Act between the programs authorized by those titles

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

13 Provided further, That, notwithstanding any other provi14 sion of law, any proceeds from the sale of Job Corps center

15 facilities shall be retained by the Secretary of Labor to

16 carry out the Job Corps program.

17 COMMUNITY SERVICE EMPLOYMENT FOR OLDER

18 AMERICANS

19 (TRANSFER OF FUNDS)

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

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

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

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

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

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

4 worker activities as subsequently authorized,

5 $130,550,000.

6 The funds appropriated under this heading shall be

7 transferred to the Department of Health and Human

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

10 program by that Department: Provided, That the funds

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

12 through June 30, 1998.

13 FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES

14 For payments during the current fiscal year of trade

15 adjustment benefit payments and allowances under part

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

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

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

21 charged to the subsequent appropriation for payments for

22 any period subsequent to September 15 of the current

23 year.
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1 STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT

2 SERVICE OPERATIONS

3 For authorized administrative expenses,

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

5 $3,096,111,000 (including not to exceed $1,653,000

6 which may be used for amortization payments to States

7 which had independent retirement plans in their State em8 ployment service agencies prior to 1980, and including not

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

10 with non-State entities for activities such as occupational

11 and test research activities which benefit the Federal12 State Employment Service System), which may be ex13 pended from the Employment Security Administration ac14 count in the Unemployment Trust Fund, and of which the

15 sums available in the allocation for activities authorized

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

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

18 for necessary administrative expenses for carrying out 5

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

20 States through December 31, 1997, except that funds

21 used for automation acquisitions shall be available for obli22 gation by States through September 30, 1999; and of

23 which $132,279,000, together with not to exceed

24 $701,369,000 of the amount which may be expended from

25 said trust fund, shall be available for obligation for the
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1 period July 1, 1997 through June 30, 1998, to fund ac2 tivities under the Act of June 6, 1933, as amended, in3 cluding the cost of penalty mail made available to States

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

5 $260,573,000 shall be available only to the extent nec6 essary for additional State allocations to administer unem7 ployment compensation laws to finance increases in the

8 number of unemployment insurance claims filed and

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

10 the extent that the Average Weekly Insured Unemploy11 ment (AWIU) for fiscal year 1997 is projected by the De12 partment of Labor to exceed 2,828,000 an additional

13 $28,600,000 shall be available for obligation for every

14 100,000 increase in the AWIU level (including a pro rata

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

16 Employment Security Administration Account of the Un17 employment Trust Fund: Provided further, That funds ap18 propriated in this Act which are used to establish a na19 tional one-stop career center network may be obligated in

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

21 Provided further, That funds appropriated under this Act

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

23 amended, and title III of the Social Security Act, may be

24 used by the States to fund integrated Employment Service

25 and Unemployment Insurance automation efforts, not-
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1 withstanding cost allocation principles prescribed under

2 Office of Management and Budget Circular A–87.

3 ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND

4 OTHER FUNDS

5 For repayable advances to the Unemployment Trust

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

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

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

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

10 for nonrepayable advances to the Unemployment Trust

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

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

13 section 5 of Public Law 103–6, and to the ‘‘Federal unem14 ployment benefits and allowances’’ account, to remain

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

16 In addition, for making repayable advances to the

17 Black Lung Disability Trust Fund in the current fiscal

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

19 Black Lung Disability Trust Fund in the current fiscal

20 year, such sums as may be necessary.

21 PROGRAM ADMINISTRATION

22 For expenses of administering employment and train23 ing programs and for carrying out section 908 of the So24 cial Security Act, $81,393,000, together with not to ex25 ceed $39,977,000, which may be expended from the Em-
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1 ployment Security Administration account in the Unem2 ployment Trust Fund.

3 PENSION AND WELFARE BENEFITS ADMINISTRATION

4 SALARIES AND EXPENSES

5 For necessary expenses for Pension and Welfare Ben6 efits Administration, $65,783,000.

7 PENSION BENEFIT GUARANTY CORPORATION

8 PENSION BENEFIT GUARANTY CORPORATION FUND

9 The Pension Benefit Guaranty Corporation is author10 ized to make such expenditures, including financial assist11 ance authorized by section 104 of Public Law 96–364,

12 within limits of funds and borrowing authority available

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

14 such contracts and commitments without regard to fiscal

15 year limitations as provided by section 104 of the Govern16 ment Corporation Control Act, as amended (31 U.S.C.

17 9104), as may be necessary in carrying out the program

18 through September 30, 1997, for such Corporation: Pro19 vided, That not to exceed $135,720,000 shall be available

20 for administrative expenses of the Corporation.

21 EMPLOYMENT STANDARDS ADMINISTRATION

22 SALARIES AND EXPENSES

23 For necessary expenses for the Employment Stand24 ards Administration, including reimbursement to State,

25 Federal, and local agencies and their employees for inspec-
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1 tion services rendered, $258,422,000, together with

2 $983,000 which may be expended from the Special Fund

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

4 Longshore and Harbor Workers’ Compensation Act: Pro5 vided, That the Secretary of Labor is authorized to accept,

6 retain, and spend, until expended, in the name of the De7 partment of Labor, all sums of money ordered to be paid

8 to the Secretary of Labor, in accordance with the terms

9 of the Consent Judgment in Civil Action No. 91–0027 of

10 the United States District Court for the District of the

11 Northern Mariana Islands (May 21, 1992): Provided fur12 ther, That the Secretary of Labor is authorized to estab13 lish and, in accordance with 31 U.S.C. 3302, collect and

14 deposit in the Treasury fees for processing applications

15 and issuing certificates under sections 11(d) and 14 of the

16 Fair Labor Standards Act of 1938, as amended (29

17 U.S.C. 211(d) and 214) and for processing applications

18 and issuing registrations under Title I of the Migrant and

19 Seasonal Agricultural Worker Protection Act, 29 U.S.C.

20 1801 et seq.

21 SPECIAL BENEFITS

22 (INCLUDING TRANSFER OF FUNDS)

23 For the payment of compensation, benefits, and ex24 penses (except administrative expenses) accruing during

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

26 chapter 81 of the United States Code; continuation of ben-
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1 efits as provided for under the head ‘‘Civilian War Bene2 fits’’ in the Federal Security Agency Appropriation Act,

3 1947; the Employees’ Compensation Commission Appro4 priation Act, 1944; and sections 4(c) and 5(f) of the War

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

6 centum of the additional compensation and benefits re7 quired by section 10(h) of the Longshore and Harbor

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

9 together with such amounts as may be necessary to be

10 charged to the subsequent year appropriation for the pay11 ment of compensation and other benefits for any period

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

13 That such sums as are necessary may be used under sec14 tion 8104 of title 5, United States Code, by the Secretary

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

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

17 disabled beneficiary: Provided further, That balances of re18 imbursements unobligated on September 30, 1996, shall

19 remain available until expended for the payment of com20 pensation, benefits, and expenses: Provided further, That

21 in addition there shall be transferred to this appropriation

22 from the Postal Service and from any other corporation

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

24 5, United States Code, to pay an amount for its fair share

25 of the cost of administration, such sums as the Secretary
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1 of Labor determines to be the cost of administration for

2 employees of such fair share entities through September

3 30, 1997: Provided further, That of those funds trans4 ferred to this account from the fair share entities to pay

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

6 available to the Secretary of Labor for expenditures relat7 ing to capital improvements in support of Federal Employ8 ees’ Compensation Act administration, and the balance of

9 such funds shall be paid into the Treasury as miscellane10 ous receipts: Provided further, That the Secretary may re11 quire that any person filing a notice of injury or a claim

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

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

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

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

16 information (including Social Security account number) as

17 such regulations may prescribe.

18 BLACK LUNG DISABILITY TRUST FUND

19 (INCLUDING TRANSFER OF FUNDS)

20 For payments from the Black Lung Disability Trust

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

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

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

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

25 and interest on advances as authorized by section

26 9501(c)(2) of that Act, and of which $26,071,000 shall
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1 be available for transfer to Employment Standards Ad2 ministration, Salaries and Expenses, $19,621,000 for

3 transfer to Departmental Management, Salaries and Ex4 penses, and $287,000 for transfer to Departmental Man5 agement, Office of Inspector General, for expenses of oper6 ation and administration of the Black Lung Benefits pro7 gram as authorized by section 9501(d)(5)(A) of that Act:

8 Provided, That, in addition, such amounts as may be nec9 essary may be charged to the subsequent year appropria10 tion for the payment of compensation, interest, or other

11 benefits for any period subsequent to August 15 of the

12 current year: Provided further, That in addition such

13 amounts shall be paid from this fund into miscellaneous

14 receipts as the Secretary of the Treasury determines to

15 be the administrative expenses of the Department of the

16 Treasury for administering the fund during the current

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

18 Act.

19 OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION

20 SALARIES AND EXPENSES

21 For necessary expenses for the Occupational Safety

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

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

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

25 of the Occupational Safety and Health Act, which grants
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1 shall be no less than fifty percent of the costs of State

2 occupational safety and health programs required to be

3 incurred under plans approved by the Secretary under sec4 tion 18 of the Occupational Safety and Health Act of

5 1970; and, in addition, notwithstanding 31 U.S.C. 3302,

6 the Occupational Safety and Health Administration may

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

8 course tuition fees, otherwise authorized by law to be col9 lected, and may utilize such sums for occupational safety

10 and health training and education grants: Provided, That

11 none of the funds appropriated under this paragraph shall

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

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

14 the Occupational Safety and Health Act of 1970 which

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

16 operation which does not maintain a temporary labor

17 camp and employs ten or fewer employees: Provided fur18 ther, That no funds appropriated under this paragraph

19 shall be obligated or expended to administer or enforce

20 any standard, rule, regulation, or order under the Occupa21 tional Safety and Health Act of 1970 with respect to any

22 employer of ten or fewer employees who is included within

23 a category having an occupational injury lost workday case

24 rate, at the most precise Standard Industrial Classifica25 tion Code for which such data are published, less than the
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1 national average rate as such rates are most recently pub2 lished by the Secretary, acting through the Bureau of

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

4 (29 U.S.C. 673), except—

5 (1) to provide, as authorized by such Act, con6 sultation, technical assistance, educational and train7 ing services, and to conduct surveys and studies;

8 (2) to conduct an inspection or investigation in

9 response to an employee complaint, to issue a cita10 tion for violations found during such inspection, and

11 to assess a penalty for violations which are not cor12 rected within a reasonable abatement period and for

13 any willful violations found;

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

15 with respect to imminent dangers;

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

17 with respect to health hazards;

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

19 with respect to a report of an employment accident

20 which is fatal to one or more employees or which re21 sults in hospitalization of two or more employees,

22 and to take any action pursuant to such investiga23 tion authorized by such Act; and
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1 (6) to take any action authorized by such Act

2 with respect to complaints of discrimination against

3 employees for exercising rights under such Act:

4 Provided further, That the foregoing proviso shall not

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

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

8 MINE SAFETY AND HEALTH ADMINISTRATION

9 SALARIES AND EXPENSES

10 For necessary expenses for the Mine Safety and

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

12 and bestowal of certificates and trophies in connection

13 with mine rescue and first-aid work, and the hire of pas14 senger motor vehicles; the Secretary is authorized to ac15 cept lands, buildings, equipment, and other contributions

16 from public and private sources and to prosecute projects

17 in cooperation with other agencies, Federal, State, or pri18 vate; the Mine Safety and Health Administration is au19 thorized to promote health and safety education and train20 ing in the mining community through cooperative pro21 grams with States, industry, and safety associations; and

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

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

24 mine rescue and survival operations in the event of a

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

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

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

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

9 BUREAU OF LABOR STATISTICS

10 SALARIES AND EXPENSES

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

13 Federal, and local agencies and their employees for serv14 ices rendered, $302,947,000, of which $16,145,000 shall

15 be for expenses of revising the Consumer Price Index and

16 shall remain available until September 30, 1998, together

17 with not to exceed $52,053,000, which may be expended

18 from the Employment Security Administration account in

19 the Unemployment Trust Fund.

20 DEPARTMENTAL MANAGEMENT

21 SALARIES AND EXPENSES

22 For necessary expenses for Departmental Manage23 ment, including the hire of three sedans, and including

24 up to $4,271,000 for the President’s Committee on Em25 ployment of People With Disabilities, $137,504,000; to-
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1 gether with not to exceed $297,000, which may be ex2 pended from the Employment Security Administration ac3 count in the Unemployment Trust Fund: Provided, That

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

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

6 States court of appeals of any decision made by the Bene7 fits Review Board under section 21 of the Longshore and

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

9 where such participation is precluded by the decision of

10 the United States Supreme Court in Director, Office of

11 Workers’ Compensation Programs v. Newport News Ship12 building, 115 S. Ct. 1278 (1995).

13 ASSISTANT SECRETARY FOR VETERANS EMPLOYMENT

14 AND TRAINING

15 Not to exceed $178,149,000 may be derived from the

16 Employment Security Administration account in the Un17 employment Trust Fund to carry out the provisions of 38

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

19 103–353, and which shall be available for obligation by

20 the States through December 31, 1997.

21 OFFICE OF INSPECTOR GENERAL

22 For salaries and expenses of the Office of Inspector

23 General in carrying out the provisions of the Inspector

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

25 with not to exceed $3,543,000, which may be expended
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1 from the Employment Security Administration account in

2 the Unemployment Trust Fund.

3 GENERAL PROVISIONS

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

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

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

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

8 SEC. 102. None of the funds made available in this

9 Act may be used by the Occupational Safety and Health

10 Administration directly or through section 23(g) of the

11 Occupational Safety and Health Act for the development,

12 promulgation or issuance of any proposed or final stand13 ard or guideline regarding ergonomic protection or record14 ing and reporting occupational injuries and illnesses di15 rectly related thereto.

16 (TRANSFER OF FUNDS)

17 SEC. 103. Not to exceed 1 percent of any discre18 tionary funds (pursuant to the Balanced Budget and

19 Emergency Deficit Control Act, as amended) which are

20 appropriated for the current fiscal year for the Depart21 ment of Labor in this Act may be transferred between ap22 propriations, but no such appropriation shall be increased

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

24 That the Appropriations Committees of both Houses of

25 Congress are notified at least fifteen days in advance of

26 any transfer.
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1 SEC. 104. Funds shall be available for carrying out

2 title IV–B of the Job Training Partnership Act, notwith3 standing section 427(c) of that Act, if a Job Corps center

4 fails to meet national performance standards established

5 by the Secretary.

6 SEC. 105. No funds appropriated or otherwise made

7 available in this title shall be disbursed without the ap8 proval of the Department’s Chief Financial Officer or his

9 delegatee.

10 SEC. 106. (a) GENERAL RULE.—In the administra11 tion and enforcement of the child labor provisions of the

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

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

14 but not operate or unload materials, into scrap paper

15 balers and paper box compactors—

16 (1) that are safe for 16- and 17-year-old em17 ployees loading the scrap paper balers or paper box

18 compactors, and

19 (2) that cannot operate while being loaded.

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

21 scrap paper balers and paper box compactors shall be con22 sidered safe for 16- or 17-year-old employees to load only

23 if—

24 (1) such scrap paper balers and paper box com25 pactors are in compliance with the current safety
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1 standard established by the American National

2 Standards Institute;

3 (2) such scrap paper balers and paper box com4 pactors include an on-off switch incorporating a

5 keylock or other system and the control of such sys6 tem is maintained in the custody of employees who

7 are 18 years of age or older;

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

9 and paper box compactors is maintained in an off

10 condition when such scrap paper balers and paper

11 box compactors are not in operation; and

12 (4) the employer of 16- and 17-year-old employ13 ees provides notice, and posts a notice, on such

14 scrap paper balers and paper box compactors stating

15 that—

16 (A) such scrap paper balers and paper box

17 compactors meet the current safety standard

18 established by the American National Stand19 ards Institute;

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

21 only load such scrap paper balers and paper

22 box compactors; and

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

24 not operate or unload such scrap paper balers

25 and paper box compactors:
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1 Provided, That this section is not to be construed as af2 fecting the exemption for apprentices and student learners

3 published at 29 Code of Federal Regulations 570.63.

4 SEC. 107. None of the funds appropriated in this Act

5 may be obligated or expended by the Department of Labor

6 for the purposes of enforcement and the issuance of fines

7 under Hazardous Occupation Order Number 2 (HO 2)

8 with respect to incidental and occasional driving by minors

9 under age 18, unless the Secretary finds that the oper10 ation of a motor vehicle is the primary duty of the minor’s

11 employment.

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

13 Appropriations Act, 1997’’.

14 TITLE II—DEPARTMENT OF HEALTH AND

15 HUMAN SERVICES

16 HEALTH RESOURCES AND SERVICES ADMINISTRATION

17 HEALTH RESOURCES AND SERVICES

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

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

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

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

22 Improvement Act of 1986, as amended, $3,080,190,000,

23 of which $297,000 shall remain available until expended

24 for interest subsidies on loan guarantees made prior to

25 fiscal year 1981 under part B of title VII of the Public
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1 Health Service Act: Provided, That the Division of Federal

2 Occupational Health may utilize personal services con3 tracting to employ professional management/administra4 tive and occupational health professionals: Provided fur5 ther, That of the funds made available under this heading,

6 $2,828,000 shall be available until expended for facilities

7 renovations at the Gillis W. Long Hansen’s Disease Cen8 ter: Provided further, That in addition to fees authorized

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

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

11 of information under the Act sufficient to recover the full

12 costs of operating the National Practitioner Data Bank,

13 and shall remain available until expended to carry out that

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

15 available for carrying out the provisions of Public Law

16 104–73: Provided further, That of the funds made avail17 able under this heading, $192,592,000 shall be for the

18 program under title X of the Public Health Service Act

19 to provide for voluntary family planning projects: Provided

20 further, That amounts provided to said projects under

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

22 pregnancy counseling shall be nondirective, and that such

23 amounts shall not be expended for any activity (including

24 the publication or distribution of literature) that in any

25 way tends to promote public support or opposition to any
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1 legislative proposal or candidate for public office: Provided

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

3 Assistance Programs authorized by section 2616 of the

4 Public Health Service Act and shall be distributed to

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

6 MEDICAL FACILITIES GUARANTEE AND LOAN FUND

7 FEDERAL INTEREST SUBSIDIES FOR MEDICAL FACILITIES

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

9 1602 of the Public Health Service Act, $7,000,000, to10 gether with any amounts received by the Secretary in con11 nection with loans and loan guarantees under title VI of

12 the Public Health Service Act, to be available without fis13 cal year limitation for the payment of interest subsidies.

14 During the fiscal year, no commitments for direct loans

15 or loan guarantees shall be made.

16 HEALTH EDUCATION ASSISTANCE LOANS PROGRAM

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

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

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

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

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

22 of the Congressional Budget Act of 1974: Provided fur23 ther, That these funds are available to subsidize gross obli24 gations for the total loan principal any part of which is

25 to be guaranteed at not to exceed $140,000,000. In addi-
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1 tion, for administrative expenses to carry out the guaran2 teed loan program, $2,688,000.

3 VACCINE INJURY COMPENSATION PROGRAM TRUST FUND

4 For payments from the Vaccine Injury Compensation

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

6 claims associated with vaccine-related injury or death with

7 respect to vaccines administered after September 30,

8 1988, pursuant to subtitle 2 of title XXI of the Public

9 Health Service Act, to remain available until expended:

10 Provided, That for necessary administrative expenses, not

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

12 Fund to the Secretary of Health and Human Services.

13 VACCINE INJURY COMPENSATION

14 For payment of claims resolved by the United States

15 Court of Federal Claims related to the administration of

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

17 available until expended.

18 CENTERS FOR DISEASE CONTROL AND PREVENTION

19 DISEASE CONTROL, RESEARCH, AND TRAINING

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

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

22 103, 201, 202, and 203 of the Federal Mine Safety and

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

24 Occupational Safety and Health Act of 1970; including

25 insurance of official motor vehicles in foreign countries;

26 and hire, maintenance, and operation of aircraft,
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1 $2,153,376,000, of which $8,353,000 shall remain avail2 able until expended for equipment and construction and

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

4 be derived from authorized user fees, which shall be cred5 ited to this account: Provided, That in addition to amounts

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

7 amounts available under section 241 of the Public Health

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

9 Statistics surveys: Provided further, That none of the

10 funds made available for injury prevention and control at

11 the Centers for Disease Control and Prevention may be

12 used to advocate or promote gun control.

13 In addition, $33,642,000, to be derived from the Vio14 lent Crime Reduction Trust Fund, for carrying out sec15 tions 40151 and 40261 of Public Law 103–322.

16 NATIONAL INSTITUTES OF HEALTH

17 NATIONAL CANCER INSTITUTE

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

20 $2,385,741,000.

21 NATIONAL HEART, LUNG, AND BLOOD INSTITUTE

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

24 and blood diseases, and blood and blood products,

25 $1,438,265,000.
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1 NATIONAL INSTITUTE OF DENTAL RESEARCH

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

4 $195,596,000.

5 NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND

6 KIDNEY DISEASES

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

10 NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS

11 AND STROKE

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

15 NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS

16 DISEASES

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

20 NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES

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

23 sciences, $1,003,722,000.
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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.
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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-
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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:
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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
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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.
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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.
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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-
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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
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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
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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
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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 of which $531,941,000 shall be for making payments

10 under the Community Services Block Grant Act: Provided,

11 That to the extent Community Services Block Grant funds

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

13 entity as provided under the Act, and have not been ex14 pended by such entity, they shall remain with such entity

15 for carryover into the next fiscal year for expenditure by

16 such entity consistent with program purposes.

17 In addition, $27,358,000, to be derived from the Vio18 lent Crime Reduction Trust Fund, for carrying out sec19 tions 40155, 40211 and 40241 of Public Law 103–322.

20 FAMILY PRESERVATION AND SUPPORT

21 For carrying out section 430 of the Social Security

22 Act, $240,000,000.
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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,
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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.
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1 GENERAL PROVISIONS

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

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

4 and representation expenses when specifically approved by

5 the Secretary.

6 SEC. 202. The Secretary shall make available through

7 assignment not more than 60 employees of the Public

8 Health Service to assist in child survival activities and to

9 work in AIDS programs through and with funds provided

10 by the Agency for International Development, the United

11 Nations International Children’s Emergency Fund or the

12 World Health Organization.

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

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

17 103–43.

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

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

20 the Child Abuse Prevention and Treatment Act by reason

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

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

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

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

2 for the National Institutes of Health and the Substance

3 Abuse and Mental Health Services Administration shall

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

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

6 $125,000 per year.

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

8 may be expended pursuant to section 241 of the Public

9 Health Service Act, except for funds specifically provided

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

11 by any office located in the Department of Health and

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

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

15 uses of such funds.

16 (TRANSFER OF FUNDS)

17 SEC. 207. Of the funds appropriated or otherwise

18 made available for the Department of Health and Human

19 Services, General Departmental Management, for fiscal

20 year 1997, the Secretary of Health and Human Services

21 shall transfer to the Office of the Inspector General such

22 sums as may be necessary for any expenses with respect

23 to the provision of security protection for the Secretary

24 of Health and Human Services.

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

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

2 Board on Child Abuse and Neglect under the Child Abuse

3 Prevention and Treatment Act.

4 (TRANSFER OF FUNDS)

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

7 Emergency Deficit Control Act, as amended) which are

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

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

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

15 (TRANSFER OF FUNDS)

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

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

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

19 centers, and divisions from the total amounts identified

20 by these two Directors as funding for research pertaining

21 to the human immunodeficiency virus: Provided, That the

22 Congress is promptly notified of the transfer.

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

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

25 provide grants or cooperative agreements under the SBIR

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

2 official having authority to obligate or expend such funds

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

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

5 median of the evaluation scores for the proposals in the

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

8 SEC. 212. EXTENSION OF MORATORIUM.—Section

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

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

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

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

15 of such Act.’’.

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

17 Services may in accordance with this section provide for

18 the relocation of the Federal facility known as the Gillis

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

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

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

25 State of Louisiana, without charge, title to the real prop-
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1 erty and improvements that (as of the date of the enact2 ment of this Act) constitute the Center. Such real property

3 is a parcel consisting of approximately 330 acres. The

4 exact acreage and legal description used for purposes of

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

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

9 Louisiana engages in a material breach of the contract

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

12 election of the Secretary.

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

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

15 and the State enter into a contract whose provisions are

16 in accordance with the following:

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

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

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

23 incidental exceptions as the Secretary may approve,

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

3 (2) For purposes of monitoring the extent to

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

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

9 contracts, conveyances of real or personal property,

10 or other transactions as the Secretary determines to

11 be necessary.

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

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

15 to the extent the Secretary determines that relocat16 ing particular patients is not feasible. During the pe17 riod of relocation, the Secretary will have unre18 stricted access to the transferred property, and after

19 such period will have such access as may be nec20 essary with respect to the patients who pursuant to

21 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-
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1 ments, subject to the availability of appropriations to

2 carry out the projects.

3 (5) The contract disposes of issues regarding

4 access to the cemetery located on the transferred

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

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

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

11 engineering, or dietary duties:

12 (A) The State will provide the individual

13 with the right of first refusal to an employment

14 position with the State with substantially the

15 same type of duties as the individual performed

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

18 (B) If the individual becomes an employee

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

20 State will make payments in accordance with

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

22 applicable with respect to the individual.

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

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

2 the contract.

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

4 subsection (b) is made.

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

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

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

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

9 5, United States Code:

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

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

13 Code, then once the individual separates from the

14 service and thereby becomes entitled to receive the

15 annuity, the pay differential shall be excluded from

16 the computation of the annuity unless the individual

17 separated from the service not later than 30 days

18 after the date on which the transfer was made.

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

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

22 then once the individual separates from the service

23 and thereby becomes entitled to receive the annuity,

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

2 the date on which the individual first became eligible

3 for the annuity.

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

6 all conditions under such section 8336 or 8412 to be

7 entitled to the annuity, except the condition that the

8 individual be separated from the service.

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

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

11 Center with management, engineering, or dietary duties,

12 and who becomes an employee of the State pursuant to

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

14 (A) The provisions of subchapter III of chapter

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

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

17 disability shall be considered to remain in effect with

18 respect to the individual (subject to subparagraph

19 (C)) until the earlier of—

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

22 subsection (b) is made; or

23 (ii) the date on which the individual first

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

2 reason of disability.

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

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

12 allocable to such coverage and is paid for service

13 performed during the period for which such coverage

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

16 paid at such time and in such manner as mutually

17 agreed by the State and the Office of Personnel

18 Management, and is in lieu of individual or agency

19 contributions otherwise required.

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

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

24 employee of the State after the date of the transfer

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

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

3 (whichever is applicable).

4 (e) The following provisions apply if under subsection

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

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

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

9 of Louisiana.

10 (2) The facility involved shall continue to be

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

12 Center.

13 (3) The Secretary shall make reasonable efforts

14 to inform the patients of the Center with respect to

15 the planning and carrying out of the relocation.

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

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

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

22 of the patient. Of the amounts appropriated for a

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

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

2 whom it is not feasible to relocate for purposes of

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

4 irrevocable choice of one of the following long-term

5 care options:

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

7 the patient may reside at the Center.

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

9 the patient may elect to receive payments each

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

11 for fiscal year 1998 and each subsequent fiscal

12 year to the extent necessary to offset inflation

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

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

19 any responsibilities regarding the daily life of

20 the patient, other than making such payments.

21 (6) The Secretary shall provide to each eligible

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

24 regarding the options under paragraph (5).

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

2 Long Hansen’s Disease Center.

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

4 of Health and Human Services.

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

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

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

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

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

12 Secretary shall without charge provide short-term care

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

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

16 treatment.

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

18 conduct training in the diagnosis and management of

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

22 and prevention of Hansen’s disease and the complications

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

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

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

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

8 disease to any person determined by the Secretary to be

9 in need of such care and treatment.

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

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

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

14 the Secretary. The rate shall be approximately equal to

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

16 the rate may not exceed the comparable costs per patient

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

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

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

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

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

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

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

25 subsequent fiscal year unless the applicant for the award
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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 This title may be cited as the ‘‘Department of Health

15 and Human Services Appropriations Act, 1997’’.

16 TITLE III—DEPARTMENT OF EDUCATION

17 EDUCATION REFORM

18 For carrying out activities authorized by the School19 to-Work Opportunities Act, $175,000,000, which shall be20 come available on July 1, 1997, and remain available

21 through September 30, 1998.

22 EDUCATION FOR THE DISADVANTAGED

23 For carrying out title I of the Elementary and Sec24 ondary Education Act of 1965, $7,204,130,000, of which

25 $5,895,244,000 shall become available on July 1, 1997,

26 and shall remain available through September 30, 1998,
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1 and of which $1,298,386,000 shall become available on

2 October 1, 1997 and shall remain available through Sep3 tember 30, 1998, for academic year 1997–1998: Provided,

4 That $6,042,766,000 shall be available for basic grants

5 under section 1124: Provided further, That up to

6 $3,500,000 of these funds shall be available to the Sec7 retary on October 1, 1996, to obtain updated local-edu8 cational-agency-level census poverty data from the Bureau

9 of the Census: Provided further, That $684,082,000 shall

10 be available for concentration grants under section

11 1124(A) and $7,000,000 shall be available for evaluations

12 under section 1501.

13 IMPACT AID

14 For carrying out programs of financial assistance to

15 federally affected schools authorized by title VIII of the

16 Elementary and Secondary Education Act of 1965,

17 $728,000,000, of which $615,500,000 shall be for basic

18 support payments under section 8003(b), $40,000,000

19 shall be for payments for children with disabilities under

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

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

22 $5,000,000 shall be for construction under section 8007,

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

24 under section 8002.
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1 SCHOOL IMPROVEMENT PROGRAMS

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

4 the Elementary and Secondary Education Act of 1965; the

5 Stewart B. McKinney Homeless Assistance Act; and the

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

7 $1,071,495,000 shall become available on July 1, 1997,

8 and remain available through September 30, 1998: Pro9 vided, That of the amount appropriated, $606,517,000

10 shall be for innovative education program strategies State

11 grants under title VI–A: Provided further, That the per12 centage of the funds appropriated under this heading for

13 innovative education program strategies State grants that

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

15 than the percentage allocated to such State or territory

16 from the total of the funds appropriated in appropriation

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

18 grants plus Eisenhower professional development State

19 grants, foreign language assistance grants, and the star

20 schools program.

21 BILINGUAL AND IMMIGRANT EDUCATION

22 For carrying out, to the extent not otherwise pro23 vided, bilingual and immigrant education activities author24 ized by parts A and C of title VII of the Elementary and

25 Secondary Education Act, without regard to section

26 7103(b), $167,190,000, of which $50,000,000 shall be for
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1 immigrant education programs authorized by part C: Pro2 vided, That State educational agencies may use all, or any

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

4 local educational agencies: Provided further, That the De5 partment of Education should only support instructional

6 programs which ensure that students completely master

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

8 while meeting rigorous achievement standards in the aca9 demic content areas.

10 SPECIAL EDUCATION

11 For carrying out the Individuals with Disabilities

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

13 $3,000,000,000 shall become available for obligation on

14 July 1, 1997, and shall remain available through Septem15 ber 30, 1998.

16 REHABILITATION SERVICES AND DISABILITY RESEARCH

17 For carrying out, to the extent not otherwise pro18 vided, the Rehabilitation Act of 1973, the Technology-Re19 lated Assistance for Individuals with Disabilities Act, and

20 the Helen Keller National Center Act, as amended,

21 $2,509,447,000.

22 SPECIAL INSTITUTIONS FOR PERSONS WITH

23 DISABILITIES

24 AMERICAN PRINTING HOUSE FOR THE BLIND

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

26 amended (20 U.S.C. 101 et seq.), $6,680,000.
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1 NATIONAL TECHNICAL INSTITUTE FOR THE DEAF

2 For the National Technical Institute for the Deaf

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

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

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

6 discretion use funds for the endowment program as au7 thorized under section 207.

8 GALLAUDET UNIVERSITY

9 For the Kendall Demonstration Elementary School,

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

11 support of Gallaudet University under titles I and II of

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

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

14 available, the University may at its discretion use funds

15 for the endowment program as authorized under section

16 207.

17 VOCATIONAL AND ADULT EDUCATION

18 For carrying out, to the extent not otherwise pro19 vided, the Carl D. Perkins Vocational and Applied Tech20 nology Education Act and the Adult Education Act,

21 $1,329,669,000, of which $1,326,750,000 shall become

22 available on July 1, 1997 and shall remain available

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

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

25 of the Carl D. Perkins Vocational and Applied Technology
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1 Education Act, and no State shall be required to operate

2 such a Council.

3 STUDENT FINANCIAL ASSISTANCE

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

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

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

7 available through September 30, 1998.

8 The maximum Pell Grant for which a student shall

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

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

11 if the Secretary determines, prior to publication of the

12 payment schedule for such award year, that the amount

13 included within this appropriation for Pell Grant awards

14 in such award year, and any funds available from the fis15 cal year 1996 appropriation for Pell Grant awards, are

16 insufficient to satisfy fully all such awards for which stu17 dents are eligible, as calculated under section 401(b) of

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

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

20 fixed dollar amount, as determined in accordance with a

21 schedule of reductions established by the Secretary for this

22 purpose.

23 FEDERAL FAMILY EDUCATION LOAN PROGRAM ACCOUNT

24 For Federal administrative expenses to carry out

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

26 of the Higher Education Act, as amended, $29,977,000.
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1 HIGHER EDUCATION

2 For carrying out, to the extent not otherwise pro3 vided, parts A and B of title III, without regard to section

4 360(a)(1)(B)(ii), titles IV, V, VI, VII, and IX, part A and

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

6 Education Act of 1965, as amended, and the Mutual Edu7 cational and Cultural Exchange Act of 1961;

8 $829,497,000, of which $15,673,000 for interest subsidies

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

10 shall remain available until expended: Provided, That

11 funds available for part D of title IX of the Higher Edu12 cation Act shall be available to fund noncompeting con13 tinuation awards for academic year 1997–1998 for fellow14 ships awarded originally under parts B and C of title IX

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

16 and C, respectively.

17 HOWARD UNIVERSITY

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

19 121 et seq.), $187,348,000: Provided, That from the

20 amount available, the University may at its discretion use

21 funds for the endowment program as authorized under the

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

23 HIGHER EDUCATION FACILITIES LOANS

24 The Secretary is hereby authorized to make such ex25 penditures, within the limits of funds available under this

26 heading and in accord with law, and to make such con-
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1 tracts and commitments without regard to fiscal year limi2 tation, as provided by section 104 of the Government Cor3 poration Control Act (31 U.S.C. 9104), as may be nec4 essary in carrying out the program for the current fiscal

5 year.

6 COLLEGE HOUSING AND ACADEMIC FACILITIES LOANS

7 PROGRAM

8 For administrative expenses to carry out the existing

9 direct loan program of college housing and academic facili10 ties loans entered into pursuant to title VII, part C, of

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

12 COLLEGE HOUSING LOANS

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

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

15 housing loans program, the Secretary shall make expendi16 tures and enter into contracts without regard to fiscal year

17 limitation using loan repayments and other resources

18 available to this account. Any unobligated balances becom19 ing available from fixed fees paid into this account pursu20 ant to 12 U.S.C. 1749d, relating to payment of costs for

21 inspections and site visits, shall be available for the operat22 ing expenses of this account.

23 HISTORICALLY BLACK COLLEGE AND UNIVERSITY

24 CAPITAL FINANCING, PROGRAM ACCOUNT

25 The total amount of bonds insured pursuant to sec26 tion 724 of title VII, part B of the Higher Education Act
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1 shall not exceed $357,000,000, and the cost, as defined

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

3 of such bonds shall not exceed zero.

4 For administrative expenses to carry out the Histori5 cally Black College and University Capital Financing Pro6 gram entered into pursuant to title VII, part B of the

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

8 EDUCATION RESEARCH, STATISTICS, AND IMPROVEMENT

9 For carrying out activities authorized by the Edu10 cational Research, Development, Dissemination, and Im11 provement Act of 1994; the National Education Statistics

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

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

14 title XIII of the Elementary and Secondary Education Act

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

16 227, $319,264,000: Provided, That $48,000,000 shall be

17 for sections 3136 and 3141 of the Elementary and Sec18 ondary Education Act: Provided further, That none of the

19 funds appropriated in this paragraph may be obligated or

20 expended for the Goals 2000 Community Partnerships

21 Program.

22 LIBRARIES

23 For carrying out, to the extent not otherwise pro24 vided, titles I, III, and IV of the Library Services and Con25 struction Act, and title II–B of the Higher Education Act,

26 $108,000,000, of which $2,500,000 shall be for section
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1 222 and $1,000,000 shall be for section 223 of the Higher

2 Education Act.

3 DEPARTMENTAL MANAGEMENT

4 PROGRAM ADMINISTRATION

5 For carrying out, to the extent not otherwise pro6 vided, the Department of Education Organization Act, in7 cluding rental of conference rooms in the District of Co8 lumbia and hire of two passenger motor vehicles,

9 $320,152,000.

10 OFFICE FOR CIVIL RIGHTS

11 For expenses necessary for the Office for Civil

12 Rights, as authorized by section 203 of the Department

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

14 OFFICE OF THE INSPECTOR GENERAL

15 For expenses necessary for the Office of the Inspector

16 General, as authorized by section 212 of the Department

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

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

19 represent the equitable share from the forfeiture of prop20 erty in investigations in which the Office of Inspector Gen21 eral participated, and which are transferred to the Office

22 of the Inspector General by the Department of Justice,

23 the Department of the Treasury, or the United States

24 Postal Service.
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1 GENERAL PROVISIONS

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

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

4 the purchase of equipment for such transportation) in

5 order to overcome racial imbalance in any school or school

6 system, or for the transportation of students or teachers

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

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

9 school or school system.

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

11 shall be used to require, directly or indirectly, the trans12 portation of any student to a school other than the school

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

14 requiring special education, to the school offering such

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

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

17 an indirect requirement of transportation of students in18 cludes the transportation of students to carry out a plan

19 involving the reorganization of the grade structure of

20 schools, the pairing of schools, or the clustering of schools,

21 or any combination of grade restructuring, pairing or clus22 tering. The prohibition described in this section does not

23 include the establishment of magnet schools.
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1 SEC. 303. No funds appropriated under this Act may

2 be used to prevent the implementation of programs of vol3 untary prayer and meditation in the public schools.

4 SEC. 304. Notwithstanding any other provision of

5 law, funds available under section 458 of the Higher Edu6 cation Act shall not exceed $420,000,000 for fiscal year

7 1997. The Department of Education shall use at least

8 $134,000,000 for payment of administrative cost allow9 ances owed to guaranty agencies for fiscal years 1996 and

10 1997. The Department of Education shall pay administra11 tive cost allowances to guaranty agencies, to be paid quar12 terly. Receipt of such funds and uses of such funds by

13 guaranty agencies shall be in accordance with section

14 428(f) of the Higher Education Act.

15 Notwithstanding section 458 of the Higher Education

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

17 section or any other section for subsequent fiscal years

18 for administrative expenses of the William D. Ford Direct

19 Loan Program. The Secretary may not require the return

20 of guaranty agency reserve funds during fiscal year 1997,

21 except after consultation with both the Chairmen and

22 ranking members of the House Economic and Educational

23 Opportunities Committee and the Senate Labor and

24 Human Resources Committee. Any reserve funds recov25 ered by the Secretary shall be returned to the Treasury
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1 of the United States for purposes of reducing the Federal

2 deficit.

3 No funds available to the Secretary may be used for

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

5 to provide advertising services for student loan programs,

6 or (2) payment of administrative fees relating to the Wil7 liam D. Ford Direct Loan Program to institutions of high8 er education.

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

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

11 932, and 1002 of the Higher Education Act of 1965, and

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

13 (TRANSFER OF FUNDS)

14 SEC. 306. Not to exceed 1 percent of any discre15 tionary funds (pursuant to the Balanced Budget and

16 Emergency Deficit Control Act, as amended) which are

17 appropriated for the current fiscal year for the Depart18 ment of Education in this Act may be transferred between

19 appropriations, but no such appropriation shall be in20 creased by more than 3 percent by any such transfer: Pro21 vided, That the Appropriations Committees of both

22 Houses of Congress are notified at least fifteen days in

23 advance of any transfer.

24 This title may be cited as the ‘‘Department of Edu25 cation Appropriations Act, 1997’’.
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1 TITLE IV—RELATED AGENCIES

2 ARMED FORCES RETIREMENT HOME

3 For expenses necessary for the Armed Forces Retire4 ment Home to operate and maintain the United States

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

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

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

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

9 construction and renovation of the physical plants at the

10 United States Soldiers’ and Airmen’s Home and the Unit11 ed States Naval Home: Provided, That this appropriation

12 shall not be available for the payment of hospitalization

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

14 States Army hospitals at rates in excess of those pre15 scribed by the Secretary of the Army upon recommenda16 tion of the Board of Commissioners and the Surgeon Gen17 eral of the Army.

18 CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

19 DOMESTIC VOLUNTEER SERVICE PROGRAMS, OPERATING

20 EXPENSES

21 For expenses necessary for the Corporation for Na22 tional and Community Service to carry out the provisions

23 of the Domestic Volunteer Service Act of 1973, as amend24 ed, $202,046,000.
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1 CORPORATION FOR PUBLIC BROADCASTING

2 For payment to the Corporation for Public Broad3 casting, as authorized by the Communications Act of

4 1934, an amount which shall be available within limita5 tions specified by that Act, for the fiscal year 1999,

6 $250,000,000: Provided, That no funds made available to

7 the Corporation for Public Broadcasting by this Act shall

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

9 of entertainment for Government officials or employees:

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

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

12 program or activity from which any person is excluded,

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

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

15 FEDERAL MEDIATION AND CONCILIATION SERVICE

16 SALARIES AND EXPENSES

17 For expenses necessary for the Federal Mediation

18 and Conciliation Service to carry out the functions vested

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

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

21 motor vehicles; and for expenses necessary for the Labor22 Management Cooperation Act of 1978 (29 U.S.C. 175a);

23 and for expenses necessary for the Service to carry out

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

25 Public Law 95–454 (5 U.S.C. chapter 71), $32,579,000
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1 including $1,500,000, to remain available through Sep2 tember 30, 1998, for activities authorized by the Labor3 Management Cooperation Act of 1978 (29 U.S.C. 175a):

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

5 charged, up to full-cost recovery, for special training ac6 tivities and for arbitration services shall be credited to and

7 merged with this account, and shall remain available until

8 expended: Provided further, That fees for arbitration serv9 ices shall be available only for education, training, and

10 professional development of the agency workforce: Pro11 vided further, That the Director of the Service is author12 ized to accept on behalf of the United States gifts of serv13 ices and real, personal, or other property in the aid of any

14 projects or functions within the Director’s jurisdiction.

15 FEDERAL MINE SAFETY AND HEALTH REVIEW

16 COMMISSION

17 SALARIES AND EXPENSES

18 For expenses necessary for the Federal Mine Safety

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

20 $6,060,000.

21 NATIONAL COMMISSION ON LIBRARIES AND

22 INFORMATION SCIENCE

23 SALARIES AND EXPENSES

24 For necessary expenses for the National Commission

25 on Libraries and Information Science, established by the
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1 Act of July 20, 1970 (Public Law 91–345, as amended

2 by Public Law 102–95), $812,000.

3 NATIONAL COUNCIL ON DISABILITY

4 SALARIES AND EXPENSES

5 For expenses necessary for the National Council on

6 Disability as authorized by title IV of the Rehabilitation

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

8 NATIONAL EDUCATION GOALS PANEL

9 For expenses necessary for the National Education

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

11 2000: Educate America Act, $974,000.

12 NATIONAL LABOR RELATIONS BOARD

13 SALARIES AND EXPENSES

14 For expenses necessary for the National Labor Rela15 tions Board to carry out the functions vested in it by the

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

17 U.S.C. 141–167), and other laws, $144,692,000: Pro18 vided, That no part of this appropriation shall be available

19 to organize or assist in organizing agricultural laborers or

20 used in connection with investigations, hearings, direc21 tives, or orders concerning bargaining units composed of

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

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

24 by the Labor-Management Relations Act, 1947, as amend25 ed, and as defined in section 3(f) of the Act of June 25,
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1 1938 (29 U.S.C. 203), and including in said definition em2 ployees engaged in the maintenance and operation of

3 ditches, canals, reservoirs, and waterways when main4 tained or operated on a mutual, nonprofit basis and at

5 least 95 per centum of the water stored or supplied there6 by is used for farming purposes: Provided further, That

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

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

9 part 103) regarding single location bargaining units in

10 representation cases.

11 NATIONAL MEDIATION BOARD

12 SALARIES AND EXPENSES

13 For expenses necessary to carry out the provisions

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

15 188), including emergency boards appointed by the Presi16 dent, $7,656,000.

17 OCCUPATIONAL SAFETY AND HEALTH REVIEW

18 COMMISSION

19 SALARIES AND EXPENSES

20 For expenses necessary for the Occupational Safety

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

22 $7,753,000.
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1 PHYSICIAN PAYMENT REVIEW COMMISSION

2 SALARIES AND EXPENSES

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

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

5 to this appropriation from the Federal Supplementary

6 Medical Insurance Trust Fund.

7 PROSPECTIVE PAYMENT ASSESSMENT COMMISSION

8 SALARIES AND EXPENSES

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

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

11 to this appropriation from the Federal Hospital Insurance

12 and the Federal Supplementary Medical Insurance Trust

13 Funds.

14 SOCIAL SECURITY ADMINISTRATION

15 PAYMENTS TO SOCIAL SECURITY TRUST FUNDS

16 For payment to the Federal Old-Age and Survivors

17 Insurance and the Federal Disability Insurance trust

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

19 1131(b)(2) of the Social Security Act, $20,923,000.

20 In addition, to reimburse these trust funds for admin21 istrative expenses to carry out sections 9704 and 9706 of

22 the Internal Revenue Code of 1986, $10,000,000, to re23 main available until expended.
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1 SPECIAL BENEFITS FOR DISABLED COAL MINERS

2 For carrying out title IV of the Federal Mine Safety

3 and Health Act of 1977, $460,070,000, to remain avail4 able until expended.

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

6 benefit payments to individuals under title IV of the Fed7 eral Mine Safety and Health Act of 1977, for costs in8 curred in the current fiscal year, such amounts as may

9 be necessary.

10 For making benefit payments under title IV of the

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

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

13 available until expended.

14 SUPPLEMENTAL SECURITY INCOME PROGRAM

15 For carrying out titles XI and XVI of the Social Se16 curity Act, section 401 of Public Law 92–603, section 212

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

18 Public Law 95–216, including payment to the Social Secu19 rity trust funds for administrative expenses incurred pur20 suant to section 201(g)(1) of the Social Security Act,

21 $19,422,115,000, to remain available until expended: Pro22 vided, That any portion of the funds provided to a State

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

24 during that year shall be returned to the Treasury.

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

26 September 30, 1998, for continuing disability reviews as
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1 authorized by section 103 of Public Law 104–121. The

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

3 given such term by section 201(g)(1)(A) of the Social Se4 curity Act.

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

6 benefit payments to individuals under title XVI of the So7 cial Security Act, for unanticipated costs incurred for the

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

9 For carrying out title XVI of the Social Security Act

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

11 to remain available until expended.

12 LIMITATION ON ADMINISTRATIVE EXPENSES

13 For necessary expenses, including the hire of two pas14 senger motor vehicles, and not to exceed $10,000 for offi15 cial reception and representation expenses, not more than

16 $5,899,797,000 may be expended, as authorized by sec17 tion 201(g)(1) of the Social Security Act or as necessary

18 to carry out sections 9704 and 9706 of the Internal Reve19 nue Code of 1986 from any one or all of the trust funds

20 referred to therein: Provided, That reimbursement to the

21 trust funds under this heading for administrative expenses

22 to carry out sections 9704 and 9706 of the Internal Reve23 nue Code of 1986 shall be made, with interest, not later

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

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

26 Board.
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1 From funds provided under the previous paragraph,

2 not less than $200,000,000 shall be available for conduct3 ing continuing disability reviews.

4 In addition to funding already available under this

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

6 $160,000,000, to remain available until September 30,

7 1998, for continuing disability reviews as authorized by

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

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

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

11 In addition to funding already available under this

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

13 $250,073,000, which shall remain available until ex14 pended, to invest in a state-of-the-art computing network,

15 including related equipment and administrative expenses

16 associated solely with this network, for the Social Security

17 Administration and the State Disability Determination

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

19 funds as authorized by section 201(g)(1) of the Social Se20 curity Act.

21 OFFICE OF INSPECTOR GENERAL

22 For expenses necessary for the Office of Inspector

23 General in carrying out the provisions of the Inspector

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

25 with not to exceed $21,089,000, to be transferred and ex26 pended as authorized by section 201(g)(1) of the Social
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1 Security Act from the Federal Old-Age and Survivors In2 surance Trust Fund and the Federal Disability Insurance

3 Trust Fund.

4 RAILROAD RETIREMENT BOARD

5 DUAL BENEFITS PAYMENTS ACCOUNT

6 For payment to the Dual Benefits Payments Ac7 count, authorized under section 15(d) of the Railroad Re8 tirement Act of 1974, $223,000,000, which shall include

9 amounts becoming available in fiscal year 1997 pursuant

10 to section 224(c)(1)(B) of Public Law 98–76; and in addi11 tion, an amount, not to exceed 2 percent of the amount

12 provided herein, shall be available proportional to the

13 amount by which the product of recipients and the average

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

15 total amount provided herein shall be credited in 12 ap16 proximately equal amounts on the first day of each month

17 in the fiscal year.

18 FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT

19 ACCOUNTS

20 For payment to the accounts established in the

21 Treasury for the payment of benefits under the Railroad

22 Retirement Act for interest earned on unnegotiated

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

24 30, 1998, which shall be the maximum amount available

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

26 76.
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1 LIMITATION ON ADMINISTRATION

2 For necessary expenses for the Railroad Retirement

3 Board for administration of the Railroad Retirement Act

4 and the Railroad Unemployment Insurance Act,

5 $87,898,000, to be derived in such amounts as determined

6 by the Board from the railroad retirement accounts and

7 from moneys credited to the railroad unemployment insur8 ance administration fund.

9 LIMITATION ON THE OFFICE OF INSPECTOR GENERAL

10 For expenses necessary for the Office of Inspector

11 General for audit, investigatory and review activities, as

12 authorized by the Inspector General Act of 1978, as

13 amended, not more than $5,268,000, to be derived from

14 the railroad retirement accounts and railroad unemploy15 ment insurance account: Provided, That none of the funds

16 made available in this Act may be transferred to the Office

17 from the Department of Health and Human Services, or

18 used to carry out any such transfer: Provided further, That

19 none of the funds made available in this paragraph may

20 be used for any audit, investigation, or review of the Medi21 care program.

22 UNITED STATES INSTITUTE OF PEACE

23 OPERATING EXPENSES

24 For necessary expenses of the United States Institute

25 of Peace as authorized in the United States Institute of

26 Peace Act, $11,160,000.
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1 TITLE V—GENERAL PROVISIONS

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

3 Human Services, and Education are authorized to transfer

4 unexpended balances of prior appropriations to accounts

5 corresponding to current appropriations provided in this

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

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

8 which they were originally appropriated.

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

10 this Act shall remain available for obligation beyond the

11 current fiscal year unless expressly so provided herein.

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

13 in this Act shall be used, other than for normal and recog14 nized executive-legislative relationships, for publicity or

15 propaganda purposes, for the preparation, distribution, or

16 use of any kit, pamphlet, booklet, publication, radio, tele17 vision, or video presentation designed to support or defeat

18 legislation pending before the Congress, except in presen19 tation to the Congress itself.

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

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

22 grant or contract recipient, or agent acting for such recipi23 ent, related to any activity designed to influence legislation

24 or appropriations pending before the Congress.
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1 SEC. 504. The Secretaries of Labor and Education

2 are each authorized to make available not to exceed

3 $15,000 from funds available for salaries and expenses

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

5 and representation expenses; the Director of the Federal

6 Mediation and Conciliation Service is authorized to make

7 available for official reception and representation expenses

8 not to exceed $2,500 from the funds available for ‘‘Sala9 ries and expenses, Federal Mediation and Conciliation

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

11 Board is authorized to make available for official reception

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

13 funds available for ‘‘Salaries and expenses, National Medi14 ation Board’’.

15 SEC. 505. Notwithstanding any other provision of

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

17 used to carry out any program of distributing sterile nee18 dles for the hypodermic injection of any illegal drug unless

19 the Secretary of Health and Human Services determines

20 that such programs are effective in preventing the spread

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

22 SEC. 506. (a) PURCHASE OF AMERICAN-MADE

23 EQUIPMENT AND PRODUCTS.—It is the sense of the Con24 gress that, to the greatest extent practicable, all equip-
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1 ment and products purchased with funds made available

2 in this Act should be American-made.

3 (b) NOTICE REQUIREMENT.—In providing financial

4 assistance to, or entering into any contract with, any en5 tity using funds made available in this Act, the head of

6 each Federal agency, to the greatest extent practicable,

7 shall provide to such entity a notice describing the state8 ment made in subsection (a) by the Congress.

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

10 requests for proposals, bid solicitations and other docu11 ments describing projects or programs funded in whole or

12 in part with Federal money, all grantees receiving Federal

13 funds, including but not limited to State and local govern14 ments and recipients of Federal research grants, shall

15 clearly state (1) the percentage of the total costs of the

16 program or project which will be financed with Federal

17 money, (2) the dollar amount of Federal funds for the

18 project or program, and (3) percentage and dollar amount

19 of the total costs of the project or program that will be

20 financed by nongovernmental sources.

21 SEC. 508. None of the funds appropriated under this

22 Act shall be expended for any abortion except when it is

23 made known to the Federal entity or official to which

24 funds are appropriated under this Act that such procedure
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1 is necessary to save the life of the mother or that the preg2 nancy is the result of an act of rape or incest.

3 SEC. 509. Notwithstanding any other provision of

4 law—

5 (1) no amount may be transferred from an ap6 propriation account for the Departments of Labor,

7 Health and Human Services, and Education except

8 as authorized in this or any subsequent appropria9 tion act, or in the Act establishing the program or

10 activity for which funds are contained in this Act;

11 (2) no department, agency, or other entity,

12 other than the one responsible for administering the

13 program or activity for which an appropriation is

14 made in this Act, may exercise authority for the tim15 ing of the obligation and expenditure of such appro16 priation, or for the purposes for which it is obligated

17 and expended, except to the extent and in the man18 ner otherwise provided in sections 1512 and 1513 of

19 title 31, United States Code; and

20 (3) no funds provided under this Act shall be

21 available for the salary (or any part thereof) of an

22 employee who is reassigned on a temporary detail

23 basis to another position in the employing agency or

24 department or in any other agency or department,
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1 unless the detail is independently approved by the

2 head of the employing department or agency.

3 SEC. 510. None of the funds made available in this

4 Act may be used for the expenses of an electronic benefit

5 transfer (EBT) task force.

6 SEC. 511. None of the funds made available in this

7 Act may be used to enforce the requirements of section

8 428(b)(1)(U)(iii) of the Higher Education Act of 1965

9 with respect to any lender when it is made known to the

10 Federal official having authority to obligate or expend

11 such funds that the lender has a loan portfolio under part

12 B of title IV of such Act that is equal to or less than

13 $5,000,000.

14 SEC. 512. (a) None of the funds made available in

15 this Act may be used for—

16 (1) the creation of a human embryo or embryos

17 for research purposes; or

18 (2) research in which a human embryo or em19 bryos are destroyed, discarded, or knowingly sub20 jected to risk of injury or death greater than that

21 allowed for research on fetuses in utero under 45

22 CFR 46.208(a)(2) and section 498(b) of the Public

23 Health Service Act (42 U.S.C. 289g(b)).

24 (b) For purposes of this section, the term ‘‘human

25 embryo or embryos’’ include any organism, not protected
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1 as a human subject under 45 CFR 46 as of the date of

2 the enactment of this Act, that is derived by fertilization,

3 parthenogenesis, cloning, or any other means from one or

4 more human gametes.

5 SEC. 513. None of the funds made available in this

6 Act may be used by the National Labor Relations Board

7 to assert jurisdiction over any labor dispute when it is

8 made known to the Federal official having authority to

9 obligate or expend such funds that—

10 (1) the labor dispute does not involve any class

11 or category of employer over which the Board would

12 assert jurisdiction under the standards prevailing on

13 August 1, 1959, with each financial threshold

14 amount adjusted for inflation by—

15 (A) using changes in the Consumer Price

16 Index for all urban consumers published by the

17 Department of Labor;

18 (B) using as the base period the later of

19 (i) the most recent calendar quarter ending be20 fore the financial threshold amount was estab21 lished; or (ii) the calendar quarter ending June

22 30, 1959; and

23 (C) rounding the adjusted financial thresh24 old amount to the nearest $10,000; and
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1 (2) the effect of the labor dispute on interstate

2 commerce is not otherwise sufficiently substantial to

3 warrant the exercise of the Board’s jurisdiction.

4 SEC. 514. None of the funds made available in this

5 Act may be used to provide any direct benefit or assistance

6 to any individual in the United States when it is made

7 known to the Federal official having authority to obligate

8 or expend such funds that—

9 (1) the individual is not lawfully within the

10 United States; and

11 (2) the benefit or assistance to be provided is

12 other than emergency medical assistance or a benefit

13 mandated by the federal courts to be provided by the

14 State.

15 This Act may be cited as the ‘‘Departments of Labor,

16 Health and Human Services, and Education, and Related

17 Agencies Appropriations Act, 1997’’.