IB

103D CONGRESS

1ST SESSION H. R. 2518

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 29, 1993

Ordered to be printed with the amendments of the Senate numbered

AN ACT

Making appropriations for the Departments of Labor, Health

and Human Services, and Education, and related agencies, for the fiscal year ending September 30, 1994,

and for other purposes.

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

3 That the following sums are appropriated, out of any

4 money in the Treasury not otherwise appropriated, for the

5 Departments of Labor, Health and Human Services, and

6 Education, and related agencies for the fiscal year ending

7 September 30, 1994, and for other purposes, namely:
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1 TITLE I—DEPARTMENT OF LABOR

2 EMPLOYMENT AND TRAINING ADMINISTRATION

3 PROGRAM ADMINISTRATION

4 For expenses of administering employment and train5 ing programs and for carrying out section 908 of the So6 cial Security Act, $92,406,000, together with not to ex7 ceed $46,655,000, which may be expended from the Em8 ployment Security Administration account in the Unem9 ployment Trust Fund.

10 TRAINING AND EMPLOYMENT SERVICES

11 For expenses necessary to carry into effect the Job

12 Training Partnership Act, as amended, including the pur13 chase and hire of passenger motor vehicles, the construc14 tion, alteration, and repair of buildings and other facili15 ties, and the purchase of real property for training centers

16 as authorized by the Job Training Partnership Act,

17 Ω1æ$4,943,181,000 $4,588,536,000 plus reimbursements,

18 to be available for obligation for the period July 1, 1994,

19 through June 30, 1995, of which Ω2æ$61,871,000

20 $65,000,000 shall be for carrying out section 401,

21 Ω3æ$78,303,000 $88,000,000 shall be for carrying out sec22 tion 402, $8,957,000 shall be for carrying out section 441,

23 $1,473,000 shall be for the National Commission for Em24 ployment Policy, Ω4æ$5,357,000 $5,800,000 shall be for

25 all activities conducted by and through the National Occu26 pational Information Coordinating Committee under the
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1 Job Training Partnership Act, and Ω5æ$3,831,000

2 $3,861,000 shall be for service delivery areas under section

3 101(a)(4)(A)(iii) of the Job Training Partnership Act in

4 addition to amounts otherwise provided under sections

5 202, 252 and 262 of the Act; and, in addition,

6 $126,556,000 is appropriated for necessary expenses of

7 construction, rehabilitation, and acquisition of Job Corps

8 centers, including $20,000,000 for new centers, as author9 ized by the Job Training Partnership Act, in addition to

10 amounts otherwise provided herein for the Job Corps, to

11 be available for obligation for the period July 1, 1994

12 through June 30, 1997; and, in addition, Ω6æ$178,000,000

13 is appropriated for carrying out part B of title II of the

14 Job Training Partnership Act to be available for obligation

15 for the period October 1, 1993 through June 30, 1994; and,

16 in addition, $50,000,000 is appropriated for carrying out

17 part D of title IV of the Job Training Partnership Act to

18 be available for obligation for the period October 1, 1993

19 through June 30, 1995; and, in addition, $744,000 is ap20 propriated for the Glass Ceiling Commission authorized

21 by title II of the Civil Rights Act of 1991; and, in addition,

22 Ω7æ$744,000 $1,500,000 is appropriated for the National

23 Center for the Workplace authorized by title XV, part A,

24 of Public Law 102–325; and, in addition, $12,537,000 is

25 appropriated for activities authorized by title VII, subtitle
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1 C of the Stewart B. McKinney Homeless Assistance Act

2 Ω8æand, in addition, $750,000 is appropriated for the

3 Women in Apprenticeship and Nontraditional Occupations

4 Act (Public Law 102–530): Provided, That no funds from

5 any other appropriation shall be used to provide meal serv6 ices at or for Job Corps centersΩ9æ:–Provided further,

7 That $300,000,000 for carrying out part B of title II of

8 the Job Training Partnership Act shall be available for

9 obligation for the period October 1, 1993 through June

10 30, 1994: Provided further, That appropriations in this

11 paragraph are available to carry out the Women in Ap12 prenticeship and Nontraditional Occupations Act (Public

13 Law 102–530) for the period beginning October 1, 1993.

14 COMMUNITY SERVICE EMPLOYMENT FOR OLDER

15 AMERICANS

16 To carry out the activities for national grants or con17 tracts with public agencies and public or private nonprofit

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

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

20 $320,190,000.

21 To carry out the activities for grants to States under

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

23 Americans Act of 1965, as amended, $90,310,000.

24 FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES

25 For payments during the current fiscal year of bene26 fits and payments as authorized by title II of Public Law
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1 95–250, as amended, and of trade adjustment benefit pay2 ments and allowances under part I, and for training, for

3 allowances for job search and relocation, and for related

4 State administrative expenses under part II, subchapter

5 B, chapter 2, title II of the Trade Act of 1974, as amend6 ed, $190,000,000 together with such amounts as may be

7 necessary to be charged to the subsequent appropriation

8 for payments for any period subsequent to September 15

9 of the current year: Provided, That amounts received or

10 recovered pursuant to section 208(e) of Public Law 95–

11 250 shall be available for payments.

12 STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT

13 SERVICE OPERATIONS

14 For activities authorized by the Act of June 6, 1933,

15 as amended (29 U.S.C. 49–49l–1; 39 U.S.C.

16 3202(a)(1)(E)); title III of the Social Security Act, as

17 amended (42 U.S.C. 502–504); necessary administrative

18 expenses for carrying out 5 U.S.C. 8501–8523, and sec19 tions 225, 231–235 and 243–244, title II of the Trade

20 Act of 1974, as amended; as authorized by section 7c of

21 the Act of June 6, 1933, as amended, necessary adminis22 trative expenses under sections 101(a)(15)(H),

23 212(a)(5)(A), (m) (2) and (3), (n)(1), and 218(g) (1), (2),

24 and (3), and 258(c) of the Immigration and Nationality

25 Act, as amended (8 U.S.C. 1101 et seq.); necessary ad-
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1 ministrative expenses to carry out the Targeted Jobs Tax

2 Credit Program under section 51 of the Internal Revenue

3 Code of 1986, and section 221(a) of the Immigration Act

4 of 1990, Ω10æ$69,542,000 $77,042,000 together with not

5 to exceed Ω11æ$3,327,707,000 $3,338,389,000 (including

6 not to exceed $2,098,000 which may be used for amortiza7 tion payments to States which had independent retirement

8 plans in their State employment service agencies prior to

9 1980, and including not to exceed $1,000,000 which may

10 be obligated in contracts with non-State entities for activi11 ties such as occupational and test research activities which

12 benefit the Federal-State Employment Service System),

13 which may be expended from the Employment Security

14 Administration account in the Unemployment Trust

15 Fund, and of which the sums available in the allocation

16 for activities authorized by title III of the Social Security

17 Act, as amended (42 U.S.C. 502–504), and the sums

18 available in the allocation for necessary administrative ex19 penses for carrying out 5 U.S.C. 8501–8523, shall be

20 available for obligation by the States through December

21 31, 1994, except that funds used for automation acquisi22 tions shall be available for obligation by States through

23 September 30, 1996; and of which Ω12æ$67,486,000

24 $74,986,000 together with not to exceed $807,870,000 of

25 the amount which may be expended from said trust fund
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1 shall be available for obligation for the period July 1,

2 1994, through June 30, 1995, to fund activities under the

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

4 penalty mail made available to States in lieu of allotments

5 for such purpose, and of which $347,272,000 shall be

6 available only to the extent necessary for additional State

7 allocations to administer unemployment compensation

8 laws to finance increases in the number of unemployment

9 insurance claims filed and claims paid or changes in a

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

11 Weekly Insured Unemployment (AWIU) for fiscal year

12 1994 is projected by the Department of Labor to exceed

13 Ω13æ3.28 3.427 million, an additional $27,000,000 shall

14 be available for obligation for every 100,000 increase in

15 the AWIU level (including a pro rata amount for any in16 crement less than 100,000) from the Employment Secu17 rity Administration Account of the Unemployment Trust

18 Fund.

19 ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND

20 OTHER FUNDS

21 For repayable advances to the Unemployment Trust

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

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

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

25 of the Internal Revenue Code of 1954, as amended; and
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1 for nonrepayable advances to the Unemployment Trust

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

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

4 and section 5 of Public Law 103–6, and to the ‘‘Federal

5 unemployment benefits and allowances’’ account, to re6 main available until September 30, 1995, $2,556,000,000.

7 In addition, for making repayable advances to the

8 Black Lung Disability Trust Fund in the current fiscal

9 year after September 15, 1994, for costs incurred by the

10 Black Lung Disability Trust Fund in the current fiscal

11 year, such sums as may be necessary.

12 LABOR-MANAGEMENT STANDARDS

13 SALARIES AND EXPENSES

14 For necessary expenses for Labor-Management

15 Standards, $27,309,000.

16 PENSION AND WELFARE BENEFITS ADMINISTRATION

17 SALARIES AND EXPENSES

18 For necessary expenses for Pension and Welfare Ben19 efits Administration, Ω14æ$64,408,000 $64,058,000.

20 PENSION BENEFIT GUARANTY CORPORATION

21 PENSION BENEFIT GUARANTY CORPORATION FUND

22 The Pension Benefit Guaranty Corporation is author23 ized to make such expenditures, including financial assist24 ance authorized by section 104 of Public Law 96–364,

25 within limits of funds and borrowing authority available
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1 to such Corporation, and in accord with law, and to make

2 such contracts and commitments without regard to fiscal

3 year limitations as provided by section 104 of the Govern4 ment Corporation Control Act, as amended (31 U.S.C.

5 9104), as may be necessary in carrying out the program

6 through September 30, 1994, for such Corporation: Pro7 vided, That not to exceed $34,194,000 shall be available

8 for administrative expenses of the Corporation: Provided

9 further, That expenses of such Corporation in connection

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

11 protection or management, and investment of trust assets,

12 and for benefits administration services shall be consid13 ered as non-administrative expenses for the purposes here14 of, and excluded from the above limitation.

15 EMPLOYMENT STANDARDS ADMINISTRATION

16 SALARIES AND EXPENSES

17 For necessary expenses for the Employment Stand18 ards Administration, including reimbursement to State,

19 Federal, and local agencies and their employees for inspec20 tion services rendered, $237,176,000 together with

21 $989,000 which may be expended from the Special Fund

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

23 Longshore and Harbor Workers’ Compensation ActΩ15æ:

24 Provided, That, notwithstanding 31 U.S.C. 3302, or any

25 provision of Public Law 102–170, Public Law 102–394,
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1 this Act, or any subsequent Appropriations Act, the Sec2 retary of Labor is authorized to accept, retain and spend

3 in the name of the Department of Labor all sums of money

4 ordered to be paid to the Secretary of Labor, in accordance

5 with the terms of the Consent Judgment in Civil Action

6 No. 91–0027 of the United States District Court for the Dis7 trict of the Northern Mariana Islands (May 21, 1992)

8 SEC. 100. CONGRESSIONAL COVERAGE UNDER

9 HEALTH CARE LEGISLATION.—

10 (a) FINDINGS.—Congress finds:

11 (1) Congress is expected to consider health care

12 reform legislation in the near future that would offer

13 a standard benefit package with several different op14 tions for the delivery of those benefits.

15 (2) The standard benefits offered under all plans

16 will be the same. Quality standards will apply to all

17 plans.

18 (3) Consumers will have the ability to choose a

19 plan on an annual basis, and will have access to full

20 information about all plans so that they may make

21 their choice based on the quality of plans and

22 consumer satisfaction of plans.

23 (4) Members of Congress should be treated the

24 same and afforded the same choices as every Amer25 ican in the health care system.
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1 (b) SENSE OF THE CONGRESS.—It is the sense of the

2 Congress that any legislation appproved by Congress should

3 provide health care plans of comparable high quality and

4 that Members of Congress participate on an equal basis

5 with all other Americans in the health care system that re6 sults from health care reform legislation.

7 SPECIAL BENEFITS

8 (INCLUDING TRANSFER OF FUNDS)

9 For the payment of compensation, benefits, and ex10 penses (except administrative expenses) accruing during

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

12 chapter 81 of the United States Code; continuation of ben13 efits as provided for under the head ‘‘Civilian War Bene14 fits’’ in the Federal Security Agency Appropriation Act,

15 1947; the Employees’ Compensation Commission Appro16 priation Act, 1944; and sections 4(c) and 5(f) of the War

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

18 centum of the additional compensation and benefits re19 quired by section 10(h) of the Longshore and Harbor

20 Workers’ Compensation Act, as amended, $279,000,000

21 together with such amounts as may be necessary to be

22 charged to the subsequent year appropriation for the pay23 ment of compensation and other benefits for any period

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

25 That such sums as are necessary may be used for a dem26 onstration project under section 8104 of title 5, United
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1 States Code, in which the Secretary may reimburse an em2 ployer, who is not the employer at the time of injury, for

3 portions of the salary of a reemployed, disabled bene4 ficiary: Provided further, That balances of reimbursements

5 from Federal Government agencies unobligated on Sep6 tember 30, 1993, shall remain available until expended for

7 the payment of compensation, benefits, and expenses: Pro8 vided further, That in addition there shall be transferred

9 from the Postal Service fund to this appropriation such

10 sums as the Secretary of Labor determines to be the cost

11 of administration for Postal Service employees through

12 September 30, 1994: Provided further, That the Secretary

13 may require that any person filing a notice of injury or

14 a claim for benefits under Subchapter 5, U.S.C., Chapter

15 81, or under Subchapter 33, U.S.C. 901, et seq. (the

16 Longshore and Harbor Workers’ Compensation Act, as

17 amended), provide as part of such notice and claim, such

18 identifying information (including Social Security account

19 number) as such regulations may prescribe.

20 BLACK LUNG DISABILITY TRUST FUND

21 (INCLUDING TRANSFER OF FUNDS)

22 For payments from the Black Lung Disability Trust

23 Fund, Ω16æ$1,001,575,000 $1,002,175,000, of which

24 $947,967,000, shall be available until September 30,

25 1995, for payment of all benefits as authorized by section

26 9501(d) (1), (2), (4), and (7), of the Internal Revenue
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1 Code of 1954, as amended, and interest on advances as

2 authorized by section 9501(c)(2) of that Act, and of which

3 Ω17æ$28,929,000 $29,529,000 shall be available for trans4 fer to Employment Standards Administration, Salaries

5 and Expenses, and $24,384,000 for transfer to Depart6 mental Management, Salaries and Expenses, and

7 $295,000 for transfer to Departmental Management, Of8 fice of Inspector General, for expenses of operation and

9 administration of the Black Lung Benefits program as au10 thorized by section 9501(d)(5)(A) of that Act: Provided,

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

12 be charged to the subsequent year appropriation for the

13 payment of compensation, interest, or other benefits for

14 any period subsequent to June 15 of the current year: Pro15 vided further, That in addition such amounts shall be paid

16 from this fund into miscellaneous receipts as the Secretary

17 of the Treasury determines to be the administrative ex18 penses of the Department of the Treasury for administer19 ing the fund during the current fiscal year, as authorized

20 by section 9501(d)(5)(B) of that Act.

21 OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION

22 SALARIES AND EXPENSES

23 For necessary expenses for the Occupational Safety

24 and Health Administration, Ω18æ$294,640,000

25 $297,244,000, including not to exceed $68,630,000, which
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1 shall be the maximum amount available for grants to

2 States under section 23(g) of the Occupational Safety and

3 Health Act, which grants shall be no less than fifty per4 cent of the costs of State occupational safety and health

5 programs required to be incurred under plans approved

6 by the Secretary under section 18 of the Occupational

7 Safety and Health Act of 1970: Provided, That none of

8 the funds appropriated under this paragraph shall be obli9 gated or expended to prescribe, issue, administer, or en10 force any standard, rule, regulation, or order under the

11 Occupational Safety and Health Act of 1970 which is ap12 plicable to any person who is engaged in a farming oper13 ation which does not maintain a temporary labor camp

14 and employs ten or fewer employees: Provided further,

15 That no funds appropriated under this paragraph shall be

16 obligated or expended to administer or enforce any stand17 ard, rule, regulation, or order under the Occupational

18 Safety and Health Act of 1970 with respect to any em19 ployer of ten or fewer employees who is included within

20 a category having an occupational injury lost workday case

21 rate, at the most precise Standard Industrial Classifica22 tion Code for which such data are published, less than the

23 national average rate as such rates are most recently pub24 lished by the Secretary, acting through the Bureau of
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1 Labor Statistics, in accordance with section 24 of that Act

2 (29 U.S.C. 673), except—

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

6 (2) to conduct an inspection or investigation in

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

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

11 any willful violations found;

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

13 with respect to imminent dangers;

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

15 with respect to health hazards;

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

17 with respect to a report of an employment accident

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

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

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

23 with respect to complaints of discrimination against

24 employees for exercising rights under such Act:
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1 Provided further, That the foregoing proviso shall not

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

3 which does not maintain a temporary labor camp and em4 ploys ten or fewer employees.

5 MINE SAFETY AND HEALTH ADMINISTRATION

6 SALARIES AND EXPENSES

7 For necessary expenses for the Mine Safety and

8 Health Administration, Ω19æ$193,858,000 $195,002,000,

9 of which $5,740,000 shall be for the State Grants Pro10 gram, including purchase and bestowal of certificates and

11 trophies in connection with mine rescue and first-aid work,

12 and the hire of passenger motor vehicles; the Secretary

13 is authorized to accept lands, buildings, equipment, and

14 other contributions from public and private sources and

15 to prosecute projects in cooperation with other agencies,

16 Federal, State, or private; the Mine Safety and Health Ad17 ministration is authorized to promote health and safety

18 education and training in the mining community through

19 cooperative programs with States, industry, and safety as20 sociations; and any funds available to the Department may

21 be used, with the approval of the Secretary, to provide

22 for the costs of mine rescue and survival operations in the

23 event of a major disaster: Provided, That none of the

24 funds appropriated under this paragraph shall be obli25 gated or expended to carry out section 115 of the Federal
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1 Mine Safety and Health Act of 1977 or to carry out that

2 portion of section 104(g)(1) of such Act relating to the

3 enforcement of any training requirements, with respect to

4 shell dredging, or with respect to any sand, gravel, surface

5 stone, surface clay, colloidal phosphate, or surface lime6 stone mine.

7 BUREAU OF LABOR STATISTICS

8 SALARIES AND EXPENSES

9 For necessary expenses for the Bureau of Labor Sta10 tistics, including advances or reimbursements to State,

11 Federal, and local agencies and their employees for serv12 ices rendered, Ω20æ$281,768,000 $282,018,000, together

13 with not to exceed Ω21æ$51,927,000 $51,227,000, which

14 may be expended from the Employment Security Adminis15 tration account in the Unemployment Trust Fund.

16 DEPARTMENTAL MANAGEMENT

17 SALARIES AND EXPENSES

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

20 to $4,320,000 for the President’s Committee on Employ21 ment of People With Disabilities, Ω22æ$142,242,000

22 $143,127,000, together with not to exceed $332,000, which

23 may be expended from the Employment Security Adminis24 tration account in the Unemployment Trust Fund.
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1 WORKING CAPITAL FUND

2 Ω23æHereafter, funds received for services rendered

3 to any entity or person for use of Departmental facilities,

4 including associated utilities and security services, shall be

5 credited to and merged with this fund.

6 For expenses necessary for the maintenance and oper7 ation of a comprehensive program of centralized services

8 which the Secretary of Labor may prescribe and deem ap9 propriate and advantageous to provide on a reimbursable

10 basis under the provisions of the Economy Act (subject to

11 prior notice to OMB) in the national office and field: Pro12 vided, That such fund shall be reimbursed in advance from

13 funds available to agencies, bureaus, and offices for which

14 such centralized services are performed at rates which will

15 return in full cost of operations including services obtained

16 through cooperative administrative services units under the

17 Economy Act, including reserves for accrued annual leave,

18 worker’s compensation, depreciation of capitalized equip19 ment, and amortization of ADP software and systems (ei20 ther acquired or donated): Provided further, That funds re21 ceived for services rendered to any entity or person for use

22 of Departmental facilities, including associated utilities

23 and security services, shall be credited to and merged with

24 this fund.
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1 ASSISTANT SECRETARY FOR VETERANS EMPLOYMENT

2 AND TRAINING

3 Not to exceed $186,648,000 may be derived from the

4 Employment Security Administration account in the Un5 employment Trust Fund to carry out the provisions of 38

6 U.S.C. 2001–10 and 2021–26.

7 OFFICE OF INSPECTOR GENERAL

8 For salaries and expenses of the Office of Inspector

9 General in carrying out the provisions of the Inspector

10 General Act of 1978, as amended, $47,215,000, together

11 with not to exceed $3,990,000, which may be expended

12 from the Employment Security Administration account in

13 the Unemployment Trust Fund.

14 GENERAL PROVISION

15 SEC. 101. The Secretary of Labor is authorized to

16 accept, in the name of the Department of Labor, and em17 ploy or dispose of in furtherance of authorized activities

18 of the Department of Labor, any money or property, real,

19 personal, or mixed, tangible or intangible, received by gift,

20 devise, bequest, or otherwise.

21 Ω24æSEC. 102. Section 8102 of title 5, United States

22 Code (‘‘the Act’’) is amended to redesignate subsection (b)

23 of subsection (c) and to add the following new subsection

24 (b):
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1 ‘‘(b) An individual convicted of a violation of 18

2 U.S.C. 1920, or of any felony fraud related to the applica3 tion for or receipt of benefits under subchapter I or III or

4 chapter 81 of title 5, shall (in addition to any other pen5 alties provided by this subchapter) as of the date of the con6 viction, forfeit all entitlement to any prospective benefits

7 provided by subchapter I or III for any injury occurring

8 on or before the date of the conviction.’’.

9 Ω25æSEC. 103. None of the funds appropriated under

10 this Act shall be expended by the Secretary of Labor to im11 plement or administer either the final or proposed regula12 tions referred to in section 303 of Public Law 102–27.

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

14 Appropriations Act, 1994’’.

15 TITLE II—DEPARTMENT OF HEALTH AND

16 HUMAN SERVICES

17 HEALTH RESOURCES AND SERVICES ADMINISTRATION

18 HEALTH RESOURCES AND SERVICES

19 For carrying out titles II, III, VII, VIII, X, XII, XIX,

20 Ω26æand XXVI XXVI, and XXVII of the Public Health

21 Service Act, section 427(a) of the Federal Coal Mine

22 Health and Safety Act, title V of the Social Security Act,

23 the Health Care Quality Improvement Act of 1986, as

24 amended, Public Law 101–527, and the Native Hawaiian

25 Health Care Act of 1988, as amended,
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1 Ω27æ$2,833,588,000 $2,954,341,000, of which $415,000

2 shall remain available until expended for interest subsidies

3 on loan guarantees made prior to fiscal year 1981 under

4 part B of title VII of the Public Health Service Act: Pro5 vided, That when the Department of Health and Human

6 Services administers or operates an employee health pro7 gram for any Federal department or agency, payment for

8 the full estimated cost shall be made by way of reimburse9 ment or in advance to this appropriation: Provided further,

10 That of the funds made available under this heading,

11 $942,000 shall be available until expended for facilities

12 renovations at the Gillis W. Long Hansen’s Disease Cen13 terΩ28æ: Provided further, That no more than $5,000,000

14 is available for carrying out the provisions of Public Law

15 102–501: Provided further, That in addition to fees author16 ized by section 427(b) of the Health Care Quality Im17 provement Act of 1986, fees shall be collected for the full

18 disclosure of information under the Act sufficient to re19 cover the full costs of operating the National Practitioner

20 Data Bank, and shall remain available until expended to

21 carry out that Act.

22 MEDICAL FACILITIES GUARANTEE AND LOAN FUND

23 FEDERAL INTEREST SUBSIDIES FOR MEDICAL FACILITIES

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

25 1602 of the Public Health Service Act, $9,000,000, to-
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1 gether with any amounts received by the Secretary in con2 nection with loans and loan guarantees under title VI of

3 the Public Health Service Act, to be available without fis4 cal year limitation for the payment of interest subsidies.

5 During the fiscal year, no commitments for direct loans

6 or loan guarantees shall be made.

7 HEALTH EDUCATION ASSISTANCE LOANS PROGRAM

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

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

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

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

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

13 of the Congressional Budget Act of 1974: Provided fur14 ther, That these funds are available to subsidize gross obli15 gations for the total loan principal any part of which is

16 to be guaranteed at not to exceed $375,000,000. In addi17 tion, for administrative expenses to carry out the guaran18 teed loan program, $2,946,000.

19 VACCINE INJURY COMPENSATION PROGRAM TRUST FUND

20 For payments from the Vaccine Injury Compensation

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

22 claims associated with vaccine-related injury or death with

23 respect to vaccines administered after September 30,

24 1988, pursuant to subtitle 2 of title XXI of the Public

25 Health Service Act, to remain available until expended:

26 Provided, That for necessary administrative expenses, not
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1 to exceed Ω29æ$2,500,000 $3,000,000 shall be available

2 from the Trust Fund to the Secretary of Health and

3 Human Services.

4 VACCINE INJURY COMPENSATION

5 For payment of claims resolved by the United States

6 Court of Federal Claims related to the administration of

7 vaccines before October 1, 1988, Ω30æ$80,000,000

8 $110,000,000, to remain available until expended.

9 CENTERS FOR DISEASE CONTROL AND PREVENTION

10 DISEASE CONTROL, RESEARCH, AND TRAINING

11 To carry out titles II, III, VII, XI, XV, XVII,

12 Ω31æand XIX XIX, and XXVII of the Public Health Serv13 ice Act, sections 101, 102, 103, 201, 202, and 203 of the

14 Federal Mine Safety and Health Act of 1977, and sections

15 20, 21, and 22 of the Occupational Safety and Health Act

16 of 1970; including insurance of official motor vehicles in

17 foreign countries; and hire, maintenance, and operation of

18 aircraft, Ω32æ$1,910,182,000 $2,088,781,000, of which

19 $16,648,000 shall remain available until expended for

20 equipment and construction and renovation of facilities,

21 and in addition, such sums as may be derived from author22 ized user fees, which shall be credited to this account: Pro23 vided, That training of private persons shall be made sub24 ject to reimbursement or advances to this appropriation

25 for not in excess of the full cost of such training: Provided

26 further, That funds appropriated under this heading shall
24

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1 be available for payment of the costs of medical care, relat2 ed expenses, and burial expenses hereafter incurred by or

3 on behalf of any person who had participated in the study

4 of untreated syphilis initiated in Tuskegee, Alabama, in

5 1932, in such amounts and subject to such terms and con6 ditions as prescribed by the Secretary of Health and

7 Human Services and for payment, in such amounts and

8 subject to such terms and conditions, of such costs and

9 expenses hereafter incurred by or on behalf of such per10 son’s wife or offspring determined by the Secretary to

11 have suffered injury or disease from syphilis contracted

12 from such person: Provided further, That amounts re13 ceived by the National Center for Health Statistics from

14 reimbursements and interagency agreements and the sale

15 of data tapes may be credited to this appropriation and

16 shall remain available until expended: Provided further,

17 That in addition to amounts provided herein, up to

18 $28,873,000 shall be available from amounts available

19 under section 241 of the Public Health Service Act, to

20 carry out the National Center for Health Statistics

21 surveys.
25

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1 NATIONAL INSTITUTES OF HEALTH

2 NATIONAL CANCER INSTITUTE

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

5 $2,082,267,000.

6 NATIONAL HEART, LUNG, AND BLOOD INSTITUTE

7 For carrying out sections 301 and 1105 and title IV

8 of the Public Health Service Act with respect to cardio9 vascular, lung, and blood diseases, and blood and blood

10 products, $1,277,880,000.

11 NATIONAL INSTITUTE OF DENTAL RESEARCH

12 For carrying out section 301 and title IV of the Pub13 lic Health Service Act with respect to dental disease,

14 $169,520,000.

15 NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND

16 KIDNEY DISEASES

17 For carrying out section 301 and title IV of the Pub18 lic Health Service Act with respect to diabetes and diges19 tive and kidney diseases, $716,054,000.

20 NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS

21 AND STROKE

22 For carrying out section 301 and title IV of the Pub23 lic Health Service Act with respect to neurological dis24 orders and stroke, $630,650,000.
26

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1 NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS

2 DISEASES

3 For carrying out section 301 and title IV of the Pub4 lic Health Service Act with respect to allergy and infec5 tious diseases, $1,065,583,000.

6 NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES

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

9 sciences, $875,511,000.

10 NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN

11 DEVELOPMENT

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

14 human development, $555,195,000.

15 NATIONAL EYE INSTITUTE

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

18 visual disorders, $290,260,000.

19 NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH

20 SCIENCES

21 For carrying out sections 301 and 311, and title IV

22 of the Public Health Service Act with respect to environ23 mental health sciences, $264,249,000.
27

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1 NATIONAL INSTITUTE ON AGING

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

4 $420,303,000.

5 NATIONAL INSTITUTE OF ARTHRITIS AND

6 MUSCULOSKELETAL AND SKIN DISEASES

7 For carrying out section 301 and title IV of the Pub8 lic Health Service Act with respect to arthritis, and mus9 culoskeletal and skin diseases, $223,280,000.

10 NATIONAL INSTITUTE ON DEAFNESS AND OTHER

11 COMMUNICATION DISORDERS

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

14 communication disorders, $162,823,000.

15 NATIONAL INSTITUTE OF NURSING RESEARCH

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

18 $51,018,000.

19 NATIONAL INSTITUTE ON ALCOHOL ABUSE AND

20 ALCOHOLISM

21 For carrying out section 301 and title IV of the Pub22 lic Health Service Act with respect to alcohol abuse, and

23 alcoholism, $185,617,000.
28

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1 NATIONAL INSTITUTE ON DRUG ABUSE

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

4 $425,201,000.

5 NATIONAL INSTITUTE OF MENTAL HEALTH

6 For carrying out section 301 and title IV of the Pub7 lic Health Service Act with respect to mental health,

8 $613,444,000.

9 NATIONAL CENTER FOR RESEARCH RESOURCES

10 For carrying out section 301 and title IV of the Pub11 lic Health Service Act with respect to research resources

12 and general research support grants, Ω33æ$328,915,000

13 $332,915,000: Provided, That none of these funds shall be

14 used to pay recipients of the general research support

15 grants program any amount for indirect expenses in con16 nection with such grantsΩ34æ: Provided further, That

17 $8,000,000 shall be for extramural facilities construction

18 grants to be awarded on a competitive basis and in accord19 ance with the criteria of section 481A(c)(2) of subpart 1

20 of part E of title IV.

21 NATIONAL CENTER FOR HUMAN GENOME RESEARCH

22 For carrying out section 301 and title IV of the Pub23 lic Health Service Act with respect to human genome re24 search, Ω35æ$119,030,000 $131,925,000.
29

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1 JOHN E. FOGARTY INTERNATIONAL CENTER

2 For carrying out the activities at the John E.

3 Fogarty International Center, Ω36æ$22,240,000

4 $19,988,000.

5 NATIONAL LIBRARY OF MEDICINE

6 For carrying out section 301 and title IV of the Pub7 lic Health Service Act with respect to health information

8 communications, Ω37æ$118,481,000 $120,481,000.

9 OFFICE OF THE DIRECTOR

10 (INCLUDING TRANSFER OF FUNDS)

11 For carrying out the responsibilities of the Office of

12 the Director, National Institutes of Health,

13 Ω38æ$224,746,000 $241,225,000: Provided, That funding

14 shall be available for the purchase of not to exceed five

15 passenger motor vehicles for replacement onlyΩ39æ: Pro16 vided further, That of the funds made available under this

17 heading, $15,000,000 shall be made available for the Direc18 tor’s Discretionary Fund, of which $12,000,000 shall be al19 located to the relevant Institutes, Centers and Divisions to

20 support the activities of the Decade of the Brain Program:

21 Provided further, That the Director may direct up to 1

22 percent of the total amount made available in this Act to

23 all National Institutes of Health appropriations to emer24 gency activities the Director may so designate: Provided

25 further, That no such appropriation shall be increased or
30

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1 decreased by more than 1 percent by any such transfers

2 and that the Congress is promptly notified of the transfer.

3 BUILDINGS AND FACILITIES

4 For construction of, and acquisition of equipment

5 for, facilities of or used by the National Institutes of

6 Health, including the acquisition of real property,

7 Ω40æ$114,385,000 $101,000,000, to remain available until

8 expended.

9 SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

10 ADMINISTRATION

11 SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

12 For carrying out the Public Health Service Act with

13 respect to substance abuse and mental health services, sec14 tion 612 of Public Law 100–77, as amended, and the Pro15 tection and Advocacy for Mentally Ill Individuals Act of

16 1986, Ω41æ$2,057,167,000 $2,119,205,000, of which

17 $952,000, together with unobligated balances for facilities

18 renovation, shall be available for maintenance and repair

19 of Federally-owned facilities at Saint Elizabeths Hospital

20 and shall remain available until expended: Provided, That

21 no portion of amounts appropriated for the programs of

22 the Department of Health and Human Services shall be

23 available for obligation pursuant to section 571 of the

24 Public Health Service Act, other than an amount of

25 Ω42æ$4,000,000 $3,000,000 from amounts appropriated to

26 carry out section 510 of that Act.
31

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1 ASSISTANT SECRETARY FOR HEALTH

2 OFFICE OF THE ASSISTANT SECRETARY FOR HEALTH

3 For the expenses necessary for the Office of the As4 sistant Secretary for Health and for carrying out titles

5 III, XVII, XX, and XXI of the Public Health Service Act,

6 Ω43æ$68,758,000 $71,167,000, and, in addition, amounts

7 received by the Public Health Service from Freedom of

8 Information Act fees, reimbursable and interagency agree9 ments and the sale of data tapes shall be credited to this

10 appropriation and shall remain available until expended.

11 RETIREMENT PAY AND MEDICAL BENEFITS FOR

12 COMMISSIONED OFFICERS

13 For retirement pay and medical benefits of Public

14 Health Service Commissioned Officers as authorized by

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

16 Family Protection Plan and Survivor Benefit Plan and for

17 medical care of dependents and retired personnel under

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

19 for payments pursuant to section 229(b) of the Social Se20 curity Act (42 U.S.C. 429(b)), such amounts as may be

21 required during the current fiscal year.

22 AGENCY FOR HEALTH CARE POLICY AND RESEARCH

23 HEALTH CARE POLICY AND RESEARCH

24 For carrying out titles III and IX of the Public

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

26 Security Act, Ω44æ$129,051,000 $139,305,000, together
32

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1 with not to exceed $4,792,000 to be transferred from the

2 Federal Hospital Insurance and the Federal Supple3 mentary Medical Insurance Trust Funds, as authorized by

4 section 1142 of the Social Security Act and not to exceed

5 $994,000 to be transferred from the Federal Hospital In6 surance and the Federal Supplementary Medical Insur7 ance Trust Funds, as authorized by section 201(g) of the

8 Social Security Act; and, in addition, amounts received

9 from Freedom of Information Act fees, reimbursable and

10 interagency agreements, and the sale of data tapes shall

11 be credited to this appropriation and shall remain avail12 able until expended: Provided, That the amount made

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

14 Service Act shall not exceed $13,204,000.

15 HEALTH CARE FINANCING ADMINISTRATION

16 GRANTS TO STATES FOR MEDICAID

17 For carrying out, except as otherwise provided, titles

18 XI and XIX of the Social Security Act, $64,477,413,000,

19 to remain available until expended.

20 For making, after May 31, 1994, payments to States

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

22 quarter of fiscal year 1994 for unanticipated costs, in23 curred for the current fiscal year, such sums as may be

24 necessary.
33

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1 Ω45æFor making payments to States under title XIX

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

3 1995, $26,600,000,000 to remain available until expended.

4 Payment under title XIX may be made for any quar5 ter with respect to a State plan or plan amendment in

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

7 quarter and approved in that or any subsequent quarter.

8 PAYMENTS TO HEALTH CARE TRUST FUNDS

9 For payment to the Federal Hospital Insurance and

10 the Federal Supplementary Medical Insurance Trust

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

12 Social Security Act, sections 103(c) and 111(d) of the So13 cial Security Amendments of 1965, section 278(d) of Pub14 lic Law 97–248, and for administrative expenses incurred

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

16 $45,731,440,000.

17 PROGRAM MANAGEMENT

18 For carrying out, except as otherwise provided, titles

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

20 of the Public Health Service Act, the Clinical Laboratory

21 Improvement Amendments of 1988, section 4360 of Pub22 lic Law 101–508, and section 4005(e) of Public Law 100–

23 203, not to exceed Ω46æ$2,172,598,000 $2,192,414,000,

24 together with all funds collected in accordance with section

25 353 of the Public Health Service Act, the latter funds to

26 remain available until expended; the Ω47æ$2,172,598,000
34

HR 2518 PP

1 $2,192,414,000 to be transferred to this appropriation as

2 authorized by section 201(g) of the Social Security Act,

3 from the Federal Hospital Insurance and the Federal Sup4 plementary Medical Insurance Trust Funds: Provided,

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

6 from organizations established under title XIII of the Pub7 lic Health Service Act are to be credited to this appropria8 tion.

9 SOCIAL SECURITY ADMINISTRATION

10 PAYMENTS TO SOCIAL SECURITY TRUST FUNDS

11 For payment to the Federal Old-Age and Survivors

12 Insurance and the Federal Disability Insurance Trust

13 Funds, as provided under sections 201(m), 228(g), and

14 1131(b)(2) of the Social Security Act, $28,178,000.

15 SPECIAL BENEFITS FOR DISABLED COAL MINERS

16 For carrying out title IV of the Federal Mine Safety

17 and Health Act of 1977, $575,181,000, to remain avail18 able until expended.

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

20 benefit payments to individuals under title IV of the Fed21 eral Mine Safety and Health Act of 1977, for costs in22 curred in the current fiscal year, such amounts as may

23 be necessary.

24 Ω48æFor making benefit payments under title IV of

25 the Federal Mine Safety and Health Act of 1977 for the
35

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1 first quarter of fiscal year 1995, $190,000,000, to remain

2 available until expended.

3 SUPPLEMENTAL SECURITY INCOME PROGRAM

4 For carrying out titles XI and XVI of the Social Se5 curity Act, section 401 of Public Law 92–603, section 212

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

7 Public Law 95–216, including payment to the Social Secu8 rity trust funds for administrative expenses incurred pur9 suant to section 201(g)(1) of the Social Security Act,

10 Ω49æ$20,181,775,000 $20,172,775,000, to remain avail11 able until expended: Provided, That any portion of the

12 funds provided to a State in the current fiscal year and

13 not obligated by the State during that year shall be re14 turned to the Treasury.

15 For making, after Ω50æJuly 31 June 15 of the cur16 rent fiscal year benefit payments to individuals under title

17 XVI of the Social Security Act for unanticipated costs in18 curred for the current fiscal year, such sums as may be

19 necessary.

20 Ω51æFor carrying out title XVI of the Social Security

21 Act for the first quarter of fiscal year 1995, $6,770,000,000,

22 to remain available until expended.

23 LIMITATION ON ADMINISTRATIVE EXPENSES

24 For necessary expenses, not more than

25 Ω52æ$4,874,285,000 $4,876,085,000 may be expended, as
36

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

2 Ω53æor as necessary to carry out sections 9704 and 9706

3 of the Internal Revenue Code of 1986 as such sections were

4 in effect on January 1, 1993, from any one or all of the

5 trust funds referred to thereinΩ54æ: Provided, That no

6 more than $542,398,000 shall be derived from the Federal

7 Hospital Insurance and the Federal Supplementary Medi8 cal Insurance Trust Funds: Provided further, That reim9 bursement to the Trust Funds under this heading for ad10 ministrative expenses to carry out sections 9704 and 9706

11 of the Internal Revenue Code of 1986 shall be made, with

12 interest, not later than September 30, 1996: Provided fur13 ther, That not more than $1,800,000 is available for ex14 penses necessary for the Commission on the Social Security

15 ‘‘Notch’’ Issue, established by section 635 of Public Law

16 102–393 as amended.

17 In addition to funding already available under this

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

19 $320,000,000, of which $260,000,000 shall be derived

20 from the Federal Disability Insurance Trust Fund, for

21 disability caseload processing.

22 In addition to funding already available under this

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

24 Ω55æ$330,000,000 $220,000,000, which shall remain

25 available until expended, to invest in a state-of-the-art
37

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1 computing network, including related equipment and ad2 ministrative expenses associated solely with this network,

3 for the Social Security Administration and the State Dis4 ability Determination Services, may be expended from any

5 or all of the trust funds as authorized by section 201(g)(1)

6 of the Social Security Act.

7 ADMINISTRATION FOR CHILDREN AND FAMILIES

8 FAMILY SUPPORT PAYMENTS TO STATES

9 For making payments to States or other non-Federal

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

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

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

13 1960 (24 U.S.C. ch. 9), $11,915,966,000, to remain avail14 able until expended.

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

16 payments to States or other non-Federal entities under

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

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

19 for unanticipated costs, incurred for the current fiscal

20 year, such sums as may be necessary.

21 Ω56æFor making payments to States or other non-Fed22 eral entities under titles I, IV–A (other than section

23 402(g)(6)) and D, X, XI, XIV, and XVI of the Social Secu24 rity Act and the Act of July 5, 1960 (24 U.S.C. ch. 9) for
38

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1 the first quarter of fiscal year 1995, $4,200,000,000 to re2 main available until expended.

3 PAYMENTS TO STATES FOR AFDC WORK PROGRAMS

4 For carrying out aid to families with dependent chil5 dren work programs, as authorized by part F of title IV

6 of the Social Security Act, $1,100,000,000.

7 Ω57æLOW INCOME HOME ENERGY ASSISTANCE

8 For making payments under title XXVI of the Omni9 bus Budget Reconciliation Act of 1981, $1,507,408,000 to

10 be available for obligation in the period October 1, 1994

11 through June 30, 1995, of which $100,000,000 shall be

12 available for reimbursing States for costs incurred during

13 the period October 1, 1993 through September 30, 1994.

14 For making payments under title XXVI of the Omni15 bus Budget Reconciliation Act of 1981, an additional

16 $600,000,000: Provided, That all funds available under this

17 paragraph are hereby designated by Congress to be emer18 gency requirements pursuant to section 251(b)(2)(D) of the

19 Balanced Budget and Emergency Deficit Control Act of

20 1985: Provided further, That these funds shall be made

21 available only after submission to Congress of a formal

22 budget request by the President that includes designation

23 of the entire amount of the request as an emergency require24 ment as defined in the Balanced Budget and Emergency

25 Deficit Control Act of 1985.
39

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1 REFUGEE AND ENTRANT ASSISTANCE

2 For making payments for refugee and entrant assist3 ance activities authorized by title IV of the Immigration

4 and Nationality Act and section 501 of the Refugee Edu5 cation Assistance Act of 1980 (Public Law 96–422),

6 $400,000,000.

7 COMMUNITY SERVICES BLOCK GRANT

8 For making payments under the Community Services

9 Block Grant Act, section 408 of Public Law 99–425, and

10 the Stewart B. McKinney Homeless Assistance Act,

11 Ω58æ$447,643,000 $472,649,000, including $12,000,000

12 which shall be for carrying out the National Youth Sports

13 Program: Provided, That payments from such amount to

14 the grantee and subgrantee administering the National

15 Youth Sports Program may not exceed the aggregate

16 amount contributed in cash or in kind by the grantee and

17 subgrantee: Provided further, That amounts in excess of

18 $9,400,000 of such amount may not be made available to

19 the grantee and subgrantees administering the National

20 Youth Sports Program unless the grantee agrees to provide

21 contributions in cash over and above the preceding years

22 cash contribution to such program in an amount that

23 equals 50 percent of such excess amount: Provided further,

24 That notwithstanding any other provision of this Act, no

25 department, agency, or instrumentality of the United States
40

HR 2518 PP

1 Government receiving appropriated funds under this Act

2 for fiscal year 1994 shall, during fiscal year 1994, obligate

3 and expend funds for consulting services in excess of an

4 amount equal to 96.48 percent of the amount estimated to

5 be obligated and expended by such department, agency, or

6 instrumentality for such services during fiscal year 1994:

7 Provided further, That notwithstanding any other provision

8 of this Act, the aggregate amount of funds appropriated by

9 this Act to any such department, agency, or instrumentality

10 for fiscal year 1994 is reduced by an amount equal to 3.52

11 percent of the amount expected to be expended by such de12 partment, agency or instrumentality during fiscal year

13 1994 for consulting services. As used in the preceding two

14 provisos, the term ‘consulting services’ includes any services

15 within the definition of sub-object class 25.1 as described

16 in the Office of Management and Budget Circular A–11,

17 dated August 4, 1993.

18 PAYMENTS TO STATES FOR CHILD CARE ASSISTANCE

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

20 Omnibus Budget Reconciliation Act of 1981,

21 $892,711,000Ω59æ, which shall be available for obligation

22 under the same statutory terms and conditions applicable

23 in the prior fiscal year.
41

HR 2518 PP

1 SOCIAL SERVICES BLOCK GRANT

2 Ω60æFor monthly payments to States for carrying

3 out title XX of the Social Security Act, $2,800,000,000.

4 For making grants to States pursuant to section 2002

5 of the Social Security Act, $2,800,000,000. For carrying out

6 section 2007 of the Social Security Act, an additional

7 $1,000,000,000, which shall remain available until ex8 pended.

9 CHILDREN AND FAMILIES SERVICES PROGRAMS

10 For carrying out, except as otherwise provided, the

11 Runaway and Homeless Youth Act, the Developmental

12 Disabilities Assistance and Bill of Rights Act, the State

13 Dependent Care Development Grants Act, the Head Start

14 Act, the Child Development Associate Scholarship Assist15 ance Act of 1985, the Child Abuse Prevention and Treat16 ment Act, chapters 1 and 2 of subtitle B of title III of

17 the Anti-Drug Abuse Act of 1988, the Family Violence

18 Prevention and Services Act, the Native American Pro19 grams Act of 1974, title II of Public Law 95–266 (adop20 tion opportunities), the Temporary Child Care for Chil21 dren with Disabilities and Crisis Nurseries Act of 1986,

22 the Comprehensive Child Development Act, the Aban23 doned Infants Assistance Act of 1988, chapter 2 of sub24 title A of title IX of Public Law 101–501, subtitle F of

25 title VII of the Stewart B. McKinney Homeless Assistance
42

HR 2518 PP

1 Act, and part B of title IV and section 1110 of the Social

2 Security Act, and for necessary administrative expenses

3 to carry out said Acts and titles I, IV, X, XI, XIV, XVI,

4 and XX of the Social Security Act, the Act of July 5, 1960

5 (24 U.S.C. ch. 9), the Omnibus Budget Reconciliation Act

6 of 1981, section 204 of the Immigration Reform and Con7 trol Act of 1986, title IV of the Immigration and National8 ity Act, section 501 of the Refugee Education Assistance

9 Act of 1980, Public Law 100–77, Ω61æthe Commission on

10 Child and Family Welfare established under Public Law

11 102–521, and section 126 and titles IV and V of Public

12 Law 100–485, Ω62æ$4,169,806,000 $4,296,796,000.

13 Ω63æFAMILY SUPPORT AND PRESERVATION

14 For carrying out section 430 of the Social Security

15 Act, $60,000,000.

16 PAYMENTS TO STATES FOR FOSTER CARE AND ADOPTION

17 ASSISTANCE

18 For making payments to States or other non-Federal

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

20 $2,992,900,000.

21 ADMINISTRATION ON AGING

22 AGING SERVICES PROGRAMS

23 For carrying out, to the extent not otherwise pro24 vided, the Older Americans Act of 1965, as amended, and
43

HR 2518 PP

1 section 10404 of Public Law 101–239 (volunteer senior

2 aides demonstration), Ω64æ$841,875,000 $881,863,000.

3 OFFICE OF THE SECRETARY

4 GENERAL DEPARTMENTAL MANAGEMENT

5 For necessary expenses, not otherwise provided, for

6 general departmental management, including hire of six

7 medium sedans, Ω65æ$94,149,000 $92,793,000, together

8 with $31,261,000, to be transferred and expended as au9 thorized by section 201(g)(1) of the Social Security Act

10 from any one or all of the trust funds referred to therein.

11 OFFICE OF INSPECTOR GENERAL

12 For expenses necessary for the Office of Inspector

13 General in carrying out the provisions of the Inspector

14 General Act of 1978, as amended, Ω66æ$62,379,000

15 $64,800,000, together with not to exceed $36,617,000, to

16 be transferred and expended as authorized by section

17 201(g)(1) of the Social Security Act from any one or all

18 of the trust funds referred to therein.

19 OFFICE FOR CIVIL RIGHTS

20 For expenses necessary for the Office for Civil

21 Rights, $18,308,000, together with not to exceed

22 $3,874,000, to be transferred and expended as authorized

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

24 one or all of the trust funds referred to therein.
44

HR 2518 PP

1 POLICY RESEARCH

2 For carrying out, to the extent not otherwise pro3 vided, research studies under section 1110 of the Social

4 Security Act, $12,000,000.

5 GENERAL PROVISIONS

6 SEC. 201. None of the funds made available by this

7 Act for the National Institutes of Health, except for those

8 appropriated to the ‘‘Office of the Director’’, may be used

9 to provide forward funding or multiyear funding of re10 search project grants except in those cases where the Di11 rector of the National Institutes of Health has determined

12 that such funding is specifically required because of the

13 scientific requirements of a particular research project

14 grant.

15 SEC. 202. Funds appropriated in this title shall be

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

17 and representation expenses when specifically approved by

18 the Secretary.

19 SEC. 203. The Secretary shall make available through

20 assignment not more than 60 employees of the Public

21 Health Service to assist in child survival activities and to

22 work in AIDS programs through and with funds provided

23 by the Agency for International Development, the United

24 Nations International Children’s Emergency Fund or the

25 World Health Organization.
45

HR 2518 PP

1 SEC. 204. None of the funds appropriated in this title

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 Ω67æSEC. 205. Notwithstanding any other provision

8 of this Act, amounts available in this Act for administra9 tive costs for each agency of the Public Health Service

10 funded in this Act shall not exceed the amount set forth

11 therefor for each such agency in the budget estimates and

12 accompanying justification of estimates submitted for the

13 appropriations.

14 SEC. 206. None of the funds appropriated under this

15 Act may be used to implement the provisions of section

16 706(e) of the ADAMHA Reorganization Act, Public Law

17 102–321, or section 399L(b) of the Public Health Service

18 Act or section Ω68æ1911(d) 1503 of the National Insti19 tutes of Health Revitalization Act of 1993, Public Law

20 103–43.

21 Ω69æSEC. 207. For the purpose of carrying out sub22 parts II and III part B of title XIX of the Public Health

23 Service Act (42 U.S.C. 300x–21 et seq.) for fiscal years 1993

24 and 1994, the Secretary of Health and Human Services

25 shall obligate $7,532,065 from the amounts made available
46

HR 2518 PP

1 pursuant to section 1935(b) of such Act for fiscal year 1994,

2 of which $673,706 shall be available to Arkansas, $40,702

3 shall be available to Georgia, $144,331 shall be available

4 to Hawaii, $488,178 shall be available to Idaho, $223,109

5 shall be available to Indiana, $820,641 shall be available

6 to Iowa, $729,745 shall be available to Kansas, $609,672

7 shall be available to Kentucky, $69,682 shall be available

8 to Louisiana, $34,514 shall be available to Maine, $349,997

9 shall be available to Minnesota, $8,626 shall be available

10 to the Red Lake Indian Tribe, $500,441 shall be available

11 to Mississippi, $184,176 shall be available to Montana,

12 $231,450 shall be available to Nebraska, $8,896 shall be

13 available to North Carolina, $97,530 shall be available to

14 North Dakota, $66,083 shall be available to Ohio, $578,520

15 shall be available to Oklahoma, $557,924 shall be available

16 to Oregon, $167,753 shall be available to South Carolina,

17 $319,674 shall be available to Tennessee, $196,426 shall be

18 available to West Virginia, $195,834 shall be available to

19 Wisconsin, and $234,455 shall be available to Wyoming.

20 Ω70æSEC. 208. Not to exceed $190,400,000 may be ob21 ligated in fiscal year 1994 for contracts with Utilization

22 and Quality Control Peer Review Organizations pursuant

23 to part B of title XI of the Social Security Act.

24 Ω71æSEC. 209. None of the funds appropriated under

25 this Act for the Medicaid Disproportionate Share Hospital
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1 payment program may be disbursed to a State until the

2 Governor of such State certifies to the Secretary of Health

3 and Human Services that such funds shall be expended sole4 ly for providing medical assistance under Medicaid: Pro5 vided, That it is the sense of the Senate that any health

6 care reform legislation enacted by Congress should modify

7 or eliminate the Medicaid Disproportionate Share Hospital

8 payment program, because States are currently abusing the

9 program by spending Federal matching funds for purposes

10 unrelated to Medicaid.

11 Ω72æSEC. 210. RESTRICTION ON PAYMENT OF BENE12 FITS TO INDIVIDUALS CONFINED BY COURT ORDER

13 TO PUBLIC INSTITUTIONS PURSUANT TO VERDICTS

14 OF NOT GUILTY BY REASON OF INSANITY OR OTHER

15 MENTAL DISORDER.

16 (a) IN GENERAL.—Section 202(x)(1) of the Social Se17 curity Act (42 U.S.C. 402(x)(1)) is amended—

18 (1) by inserting ‘‘(A)’’ after ‘‘(1)’’, and

19 (2) by adding at the end the following new sub20 paragraph:

21 ‘‘(B) Notwithstanding any other provision

22 of this title, no monthly benefits shall be paid

23 under this section or under section 223 to any

24 individual for any month during which such in25 dividual is confined in any public institution by
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1 a court order pursuant to a verdict that the indi2 vidual is guilty, but insane or not guilty of an

3 offense by reason of insanity (or by reason of a

4 similar finding, such as a mental disease, a

5 mental defect, or mental incompetence).’’.

6 (b) CONFORMING AMENDENTS.—

7 (1) The heading for section 202(x) of such Act is

8 amended by inserting ‘‘and Certain Other Inmates of

9 Public Institutions’’ after ‘‘Prisoners’’.

10 (2) section 202(x)(3), is amended by striking

11 ‘‘any individual’’ and all that follows and inserting

12 ‘‘any individual confined as described in paragraph

13 (1) if the jail, prison, penal institution, correctional

14 facility, or other public institution to which such in15 dividual is so confined is under the jurisdiction of

16 such agency and the Secretary requires such informa17 tion to carry out the provisions of this section.’’.

18 (c) EFFECTIVE DATE.—

19 (1) IN GENERAL.—Except as provided in para20 graph (2), the amendments made by this section shall

21 apply with respect to benefits for months commencing

22 90 days after the date of the enactment of this Act.

23 (2) SPECIAL RULE REGARDING PAYMENTS TO IN24 STITUTIONS.—The amendment made by subsection (a)

25 shall not apply to any payment with respect to any
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1 individual, if, as of the date of the enactment of this

2 Act, such payment is made directly to the public in3 stitution to compensate such institution for the ex4 pense of institutionalizing such individual.

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

6 and Human Services Appropriations Act, 1994’’.

7 TITLE III—DEPARTMENT OF EDUCATION

8 EDUCATION REFORM

9 Ω73æ(INCLUDING TRANSFER OF FUNDS)

10 Ω74æFor carrying out education reform activities in11 cluding activities authorized by the Carl D. Perkins Voca12 tional and Applied Technology Education Act and section

13 4601 of the Elementary and Secondary Education Act of

14 1965, $133,750,000, of which $3,750,000, under section

15 402 of the Perkins Act, shall be used by the Secretary

16 for activities, including peer review of applications, related

17 to school-to-work transition, and not less than

18 $30,000,000 shall be used under section 420A of the Per19 kins Act for State grants to initiate activities in States

20 and localities related to school-to-work transition.

21 For carrying out education reform activities author22 ized in law, including activities authorized by the Carl D.

23 Perkins Vocational and Applied Technology Education Act,

24 $166,000,000, of which $5,000,000, under section 402 of the

25 Perkins Act, shall be used by the Secretary for activities,
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1 including peer review of applications, related to school-to2 work transition, and not less than $45,000,000 shall be used

3 under section 420A of the Perkins Act for State grants and

4 subgrants to initiate activities in States and localities relat5 ed to school-to-work transition: Provided, That

6 $116,000,000 of the funds provided shall be for carrying

7 out activities authorized by the Goals 2000: Educate Amer8 ica Act, or similar legislation, if enacted into law by April

9 1, 1994 of which $5,000,000 shall be used for ‘‘State Plan10 ning for Improving Student Achievement Through Integra11 tion of Technology Into the Curriculum’’; and that if such

12 legislation is not enacted by that date, this amount shall

13 be used for alleviation of the funding shortfall in the Pell

14 Grant program under subpart 1 of Part A of title IV of

15 the Higher Education Act of 1965: Provided further, That

16 any funds appropriated in this account may be transferred

17 as necessary to other Department of Education accounts.

18 COMPENSATORY EDUCATION FOR THE DISADVANTAGED

19 For carrying out the activities authorized by chapter

20 1 of title I of the Elementary and Secondary Education

21 Act of 1965, as amended, and by section 418A of the

22 Higher Education Act, Ω75æ$6,871,147,000

23 $6,971,620,000, of which Ω76æ$6,844,682,000

24 $6,943,175,000 shall become available on July 1, 1994 and

25 shall remain available through September 30, 1995: Pro26 vided, That Ω77æ$5,597,000,000 $5,687,000,000 shall be
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1 available for basic grants under section 1005

2 Ω78æexcluding subsection (a)(3), $694,000,000 shall be

3 available for concentration grants under section 1006,

4 Ω79æ$39,734,000 $42,000,000 shall be available for cap5 ital expenses under section 1017, Ω80æ$89,123,000

6 $92,123,000 shall be available for the Even Start program

7 under part B, Ω81æ$302,773,000 $306,000,000 shall be

8 available for migrant education activities under subpart 1

9 of part D, $35,407,000 shall be available for delinquent

10 and neglected education activities under subpart 3 of part

11 D, $60,712,000 shall be for State administration under

12 section 1404, $25,933,000 shall be for program improve13 ment activities under section 1405, $13,100,000 shall be

14 for evaluation and technical assistance under sections

15 1437 and 1463, and Ω82æ$2,980,000 $4,960,000 shall be

16 for rural technical assistance under section 1459: Provided

17 further, That no State shall receive less than $340,000

18 from the amounts made available under this appropriation

19 for concentration grants under section 1006: Provided fur20 ther, That no State shall receive less than $375,000 from

21 the amounts made available under this appropriation for

22 State administration grants under section 1404.

23 IMPACT AID

24 For carrying out programs of financial assistance to

25 federally affected schools as authorized by Public Laws

26 81–815 and 81–874, as amended, Ω83æ$813,074,000
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1 $748,368,000: Provided, That Ω84æ$630,000,000

2 $563,780,000 shall be for payments under section 3(a),

3 Ω85æ$123,629,000 $121,629,000 shall be for payments

4 under section 3(b), Ω86æ$29,462,000 $34,762,000, to re5 main available until expended, shall be for payments under

6 section 3(d)(2)(B), $16,293,000 shall be for payments

7 under section 2, Ω87æ$1,786,000 shall be for payments

8 under section 3(e), and $11,904,000, to remain available

9 until expended, shall be for construction and renovation

10 of school facilities, including $4,563,000 for awards under

11 section 10, $3,770,000 for awards under sections 14(a)

12 and 14(b), and $3,571,000 for awards under sections 5

13 and 14(c): Provided further, That all payments under sec14 tion 3 shall be based on the number of children who, dur15 ing the prior fiscal year, were in average daily attendance

16 at the schools of a local educational agency and for whom

17 such agency provided free public education, except that

18 (1) any local educational agency that did not exist in the

19 prior fiscal year and that would be eligible under this pro20 viso for payments under section 3 for the current fiscal

21 year had it been an operating local educational agency in

22 the prior fiscal year, shall be paid on the basis of the num23 ber of children who, during the current fiscal year, are

24 in average daily attendance at the schools of such agency

25 and for whom such agency provides free public education;
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1 and (2) any local educational agency with an increase of

2 5 percent or more from the prior fiscal year to the current

3 fiscal year in the number of children described in section

4 3 of the Act, as a direct result of activities of the United

5 States, and that submits a written request to the Sec6 retary, shall be paid on the basis of the number of children

7 who, during the current fiscal year, are in average daily

8 attendance at the schools of such agency and for whom

9 such agency provides free public education: Provided fur10 ther, That notwithstanding the provisions of section

11 3(d)(3)(A), aggregate current expenditure and average

12 daily attendance data for the third preceding fiscal year

13 shall be used to compute local contribution rates: Provided

14 further, That notwithstanding the provisions of section

15 3(d)(2)(B), 3(d)(3)(B)(ii), and 3(h)(2), eligibility and en16 titlement determinations for those sections shall be com17 puted on the basis of data from the fiscal year preceding

18 each fiscal year described in those respective sections as

19 they were in effect for fiscal year 1991.

20 SCHOOL IMPROVEMENT PROGRAMS

21 For carrying out the activities authorized by chapter

22 2 of title I and titles II, III, IV, V, without regard to sec23 tions 5112(a) and 5112(c)(2)(A), and VI of the Elemen24 tary and Secondary Education Act of 1965; the Stewart

25 B. McKinney Homeless Assistance Act; the Civil Rights

26 Act of 1964; title V of the Higher Education Act; title
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1 IV of Public Law 100–297; and the Follow Through Act;

2 Ω88æ$1,339,178,000 $1,393,893,000, of which

3 Ω89æ$1,014,709,000 $1,065,101,000 shall become avail4 able on July 1, 1994, and remain available through Sep5 tember 30, 1995: Provided, That of the amount appro6 priated, Ω90æ$24,925,000 $25,196,000 shall be for na7 tional programs under part B of chapter 2 of title I, and

8 Ω91æ$246,016,000 $252,658,000 shall be for State grants

9 for mathematics and science education under part A of

10 title II of the Elementary and Secondary Education Act

11 of 1965Ω92æ: Provided further, That of the amount pro12 vided for the State and local programs under part B of

13 title V of the Elementary and Secondary Education Act,

14 up to $32,838,000 may be used for Department of Edu15 cation activities authorized under the Safe Schools Act, or

16 similar legislation, if such legislation is enacted by April

17 1, 1994; and any funds used for such activities shall be

18 available from October 1, 1993 through September 30, 1994.

19 BILINGUAL AND IMMIGRANT EDUCATION

20 For carrying out, to the extent not otherwise pro21 vided, title VII and part D of title IV of the Elementary

22 and Secondary Education Act, Ω93æ$242,789,000

23 $232,251,000, of which Ω94æ$36,672,000 $35,708,000

24 shall be for training activities under part C of title VII,

25 and Ω95æ$40,000,000 $35,968,000, which shall become

26 available on July 1, 1994 and remain available until Sep-
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1 tember 30, 1995, shall be for immigrant education activi2 ties authorized by part D of title IV.

3 SPECIAL EDUCATION

4 For carrying out the Individuals with Disabilities

5 Education Act and title I, chapter 1, part D, subpart 2

6 of the Elementary and Secondary Education Act of 1965,

7 Ω96æ$3,039,442,000 $3,134,734,000, of which

8 Ω97æ$2,108,218,000 $2,163,508,000 for section 611,

9 Ω98æ$325,773,000 $343,751,000 for section 619,

10 Ω99æ$243,769,000 $256,280,000 for section 686 and

11 Ω100æ$113,755,000 $120,000,000 for title I, chapter 1,

12 part D, subpart 2 shall become available for obligation on

13 July 1, 1994, and shall remain available through Septem14 ber 30, 1995: Provided, That any State agency eligible to

15 receive funds under such subpart shall, at a State’s discre16 tion, be deemed to be a local educational agency for the

17 purposes of part B of the Individuals with Disabilities

18 Education Act: Provided further, That no State shall re19 ceive more per child under such subpart than it received

20 for fiscal year 1993: Provided further, That any funds for

21 such subpart that are not allocated because of the preced22 ing proviso shall be available for carrying out section 611

23 of the Individuals with Disabilities Education Act.

24 REHABILITATION SERVICES AND DISABILITY RESEARCH

25 For carrying out, to the extent not otherwise pro26 vided, the Rehabilitation Act of 1973, Ω101æPublic Law
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1 100–407 the Technology-Related Assistance for Individuals

2 with Disabilities Act, and the Helen Keller National Cen3 ter Act, as amended, Ω102æ$2,251,028,000

4 $2,316,913,000.

5 SPECIAL INSTITUTIONS FOR PERSONS WITH

6 DISABILITIES

7 AMERICAN PRINTING HOUSE FOR THE BLIND

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

9 amended (20 U.S.C. 101 et seq.), $6,463,000.

10 NATIONAL TECHNICAL INSTITUTE FOR THE DEAF

11 For the National Technical Institute for the Deaf

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

13 of 1986 (20 U.S.C. 4301 et seq.), $41,836,000, of which

14 $336,000 shall be for the endowment program as author15 ized under section 207 and shall be available until ex16 pended and $193,000 shall be for construction and shall

17 be available until expended.

18 GALLAUDET UNIVERSITY

19 For the Kendall Demonstration Elementary School,

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

21 support of Gallaudet University under titles I and II of

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

23 et seq.), Ω103æ$77,435,000 $79,435,000, of which

24 $1,000,000 shall be for the endowment program as au25 thorized under section 207 and shall be available until ex-
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1 pended Ω104æand $2,000,000 shall be for construction and

2 shall be available until expended.

3 VOCATIONAL AND ADULT EDUCATION

4 For carrying out, to the extent not otherwise pro5 vided, the Carl D. Perkins Vocational and Applied Tech6 nology Education Act, the Adult Education Act, and the

7 Stewart B. McKinney Homeless Assistance Act,

8 Ω105æ$1,474,243,000 $1,483,433,000, of which $300,000

9 for the national assessment of vocational education shall

10 become available October 1, 1993 and remain available

11 until expended; $2,946,000 for tribally controlled post12 secondary vocational institutions shall become available on

13 October 1, 1993 and remain available until September 30,

14 1994; and the remainder shall become available on July

15 1, 1994 and shall remain available through September 30,

16 1995: Provided, That of the amounts made available under

17 the Carl D. Perkins Vocational and Applied Technology

18 Education Act, $436,000 of the amount available for

19 Tech-Prep shall be for evaluation of the program and

20 Ω106æ$31,327,000 $40,327,000 shall be for national pro21 grams under title IV, including $9,662,000 for research,

22 of which $6,000,000 shall be for the National Center for

23 Research on Vocational Education; Ω107æ$16,705,000

24 $25,705,000 for demonstrations, notwithstanding section

25 411(b)Ω108æ, including $5,000,000 for model community
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1 education and employment centers; and $4,960,000 for

2 data systems: Provided further, That of the amounts made

3 available under the Adult Education Act, $3,928,000 shall

4 be for national programs under section 383, and

5 $4,909,000 shall be for the National Institute for Literacy

6 under section 384.

7 STUDENT FINANCIAL ASSISTANCE

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

9 parts C, E, Ω109æG, and H of title IV of the Higher Edu10 cation Act of 1965, as amended, Ω110æ$8,120,366,000

11 $8,004,293,000, which shall remain available through Sep12 tember 30, 1995: Provided, That the maximum Pell Grant

13 for which a student shall be eligible during award year

14 1994–1995 shall be Ω111æ$2,250 $2,300: Provided fur15 ther, That notwithstanding section 484(f) of such Act, the

16 Secretary may, without limitation, require an institution

17 of higher education to verify the accuracy of data used

18 to determine student eligibility for assistance under title

19 IV of that Act.

20 FEDERAL FAMILY EDUCATION LOAN PROGRAM ACCOUNT

21 For the cost of Federal Family Education loans, in22 cluding administrative costs other than Federal adminis23 trative costs, as authorized by title IV, part B, of the

24 Higher Education Act, as amended, such sums as may be

25 necessary to carry out the purposes of the program: Pro26 vided, That such costs, including costs of modifying such
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1 loans, shall be as defined in section 502 of the Congres2 sional Budget Act of 1974, as amended. In addition, for

3 Federal administrative expenses to carry out guaranteed

4 student loans authorized by title IV, part B, of the Higher

5 Education Act, as amended, $72,466,000.

6 Ω112æGUARANTEED STUDENT LOANS PROGRAM ACCOUNT

7 (RESCISSION)

8 The amounts provided under this heading in Public

9 Law 102–394 for programs authorized by title XIV of the

10 Higher Education Act are rescinded.

11 FEDERAL DIRECT Ω113æSTUDENT LOAN PROGRAM

12 ACCOUNT

13 For the cost of Ω114æthe direct loan demonstration

14 program authorized by section 451 of Public Law 102–

15 325 (106 Stat. 569) direct loans authorized by title IV,

16 part D, of the Higher Education Act, as amended, such

17 sums as may be necessary to carry out the purposes of

18 the program, including such sums as may be derived from

19 negative subsidy receipts: Provided, That such costs, in20 cluding costs of modifying such loans, shall be as defined

21 in section 502 of the Congressional Budget Act of 1974.

22 HIGHER EDUCATION

23 For carrying out, to the extent not otherwise pro24 vided, titles I, III, IV, V, VI, VII, VIII, IX, part A

25 Ω115æand subpart 1 of part B, subpart 1 of part B and
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1 part D of title X, XI, without regard to section 1151, and

2 XII Ω116æand section 1410 of the Higher Education Act

3 of 1965, as amended; the Mutual Educational and Cul4 tural Exchange Act of 1961; and title VI of the Excellence

5 in Mathematics, Science and Engineering Education Act

6 of 1990; Ω117æ$889,855,000 $882,974,000, of which

7 $7,565,000 for endowment activities under section 331 of

8 part C of title III and $18,029,000 for interest subsidies

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

10 shall remain available until expended, and $397,000 shall

11 be available for section 1204(c)Ω118æ: Provided, That

12 under subpart 6 of part A of title IV of the Higher Edu13 cation Act, the District of Columbia and the Commonwealth

14 of Puerto Rico shall receive funding allocations as if they

15 were States and shall not be subject to the limitations on

16 the non-State entities listed in section 419G(b).

17 HOWARD UNIVERSITY

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

19 121 et seq.), $192,686,000, of which $3,441,000, to re20 main available until expended, shall be for a matching en21 dowment grant to be administered in accordance with 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
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1 heading and in accord with law, and to make such con2 tracts and commitments without regard to fiscal year limi3 tation, as provided by section 104 of the Government Cor4 poration Control Act (31 U.S.C. 9104), as may be nec5 essary in carrying out the program for the current fiscal

6 year.

7 COLLEGE HOUSING AND ACADEMIC FACILITIES LOANS

8 PROGRAM

9 For administrative expenses to carry out the existing

10 direct loan program of college housing and academic facili11 ties loans entered into pursuant to title VII, part C, of

12 the Higher Education Act, as amended, $730,000.

13 COLLEGE HOUSING LOANS

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

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

16 housing loans program, previously carried out under title

17 IV of the Housing Act of 1950, the Secretary shall make

18 expenditures and enter into contracts without regard to

19 fiscal year limitation using loan repayments and other re20 sources available to this account. Any unobligated bal21 ances becoming available from fixed fees paid into this ac22 count pursuant to 12 U.S.C. 1749d, relating to payment

23 of costs for inspections and site visits, shall be available

24 for the operating expenses of this account.
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1 HISTORICALLY BLACK COLLEGE AND UNIVERSITY

2 CAPITAL FINANCING, PROGRAM ACCOUNT

3 To carry out the purposes of title VII, part B of the

4 Higher Education Act, as amended, and subject to the

5 limitations of section 724 of such part, the Secretary is

6 authorized to enter into insurance agreements to provide

7 financial insurance to guarantee for full payment of prin8 cipal and interest on qualified bonds upon the conditions

9 set forth in subsections (b), (c) and (d) of section 723

10 of such part: Provided, That bonds insured pursuant to

11 such part shall not exceed Ω119æ$178,500,000

12 $357,000,000, and the cost, as defined in section 502 of

13 the Congressional Budget Act of 1974, of such bonds shall

14 not exceed zero.

15 For administrative expenses to carry out the Histori16 cally Black College and University Capital Financing Pro17 gram entered into pursuant to title VII, part B of the

18 Higher Education Act, as amended, $200,000.

19 EDUCATION RESEARCH, STATISTICS, AND IMPROVEMENT

20 For carrying out the activities authorized by section

21 405 and section 406 of the General Education Provisions

22 Act, as amended Ω120æ(or any successor authority); sec23 tion 1562, Ω121æsection 1566, section 2012, subpart 2 of

24 part A of title II, and parts B, E, and F of title IV of

25 the Elementary and Secondary Education Act of 1965, as
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1 amended; part B of title III of Public Law 100–297; title

2 IX of the Education for Economic Security Act;

3 Ω122æsection 6041 of Public Law 100–418; title II of

4 Public Law 102–62; and section 551 of the Higher Edu5 cation Act, Ω123æ$277,244,000: Provided, That

6 $5,396,000 shall be for Grants for Schools and Teachers

7 under subpart 1 and $3,687,000 shall be for Family

8 School Partnerships under subpart 2 of part B of title

9 III of Public Law 100–297; $14,582,000 shall be for na10 tional diffusion activities under section 1562; $879,000

11 shall be for Blue Ribbon Schools under section 1566; and

12 $15,872,000 shall be for national programs under section

13 2012 $301,398,000: Provided, That $31,000,000 shall be for

14 research centers, including funds to extend the existing

15 award for a research center on the education of disadvan16 taged students for up to one year; $38,032,000 shall be for

17 regional laboratories, including $9,508,000 for rural initia18 tives; $40,000,000 shall be for activities under the Fund for

19 Innovation in Education; $4,463,000 shall be for civic edu20 cation activities under section 4609; $5,396,000 shall be for

21 Grants for Schools and Teachers under subpart 1 and

22 $3,687,000 shall be for Family School Partnerships under

23 subpart 2 of part B of title III of Public Law 100-297;

24 $14,582,000 shall be for national diffusion activities under

25 section 1562; $16,072,000 shall be for national programs
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1 under section 2012, including $3,672,000 for the National

2 Clearinghouse for Science and Mathematics under section

3 2012(d); and $15,000,000 shall be for regional consortia

4 under subpart 2 of part A of title II; $9,607,000 shall be

5 for Javits gifted and talented students education;

6 $27,000,000 shall be for star schools, of which $4,500,000

7 shall be for a demonstration of a statewide, two-way inter8 active fiber optic telecommunications network, carrying

9 voice, video, and data transmissions, and housing a point

10 of presence in every county; $1,737,000 shall be for terri11 torial teacher training; and $3,212,000 shall be for the Na12 tional Writing Project.

13 LIBRARIES

14 For carrying out, to the extent not otherwise pro15 vided, titles I, II, III, IV, and VI of the Library Services

16 and Construction Act (20 U.S.C. ch. 16), and title II of

17 the Higher Education Act, Ω124æ$145,101,000

18 $147,517,000, of which $19,000,000 shall be used to carry

19 out the provisions of title II of the Library Services and

20 Construction Act and shall remain available until ex21 pended, and $4,960,000 shall be for section 222 and

22 $2,802,000 shall be for section 223 of the Higher Education

23 Act, of which $2,500,000 shall be for demonstration of on24 line and dial-in access to a statewide, multitype library

25 bibliographic database through a statewide fiber optic net-
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1 work housing a point of presence in every county, connect2 ing library services in every municipality.

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 Ω125æ$352,008,000 $291,921,000: Provided, That the

10 Secretary may use funds appropriated to carry out any

11 Department of Education programs under which awards

12 are made on a competitive basis to reimburse this account

13 for the direct expenses of non-Federal experts to review

14 applications and proposals for such awards.

15 OFFICE FOR CIVIL RIGHTS

16 For expenses necessary for the Office for Civil

17 Rights, as authorized by section 203 of the Department

18 of Education Organization Act, $56,570,000.

19 OFFICE OF THE INSPECTOR GENERAL

20 For expenses necessary for the Office of the Inspector

21 General, as authorized by section 212 of the Department

22 of Education Organization Act, $28,840,000.

23 GENERAL PROVISIONS

24 SEC. 301. No part of the funds contained in this title

25 may be used to force any school or school district which

26 is desegregated as that term is defined in title IV of the
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1 Civil Rights Act of 1964, Public Law 88–352, to take any

2 action to force the busing of students; to force on account

3 of race, creed or color the abolishment of any school so

4 desegregated; or to force the transfer or assignment of any

5 student attending any elementary or secondary school so

6 desegregated to or from a particular school over the pro7 test of his or her parents or parent.

8 SEC. 302. (a) No part of the funds contained in this

9 title shall be used to force any school or school district

10 which is desegregated as that term is defined in title IV

11 of the Civil Rights Act of 1964, Public Law 88–352, to

12 take any action to force the busing of students; to require

13 the abolishment of any school so desegregated; or to force

14 on account of race, creed or color the transfer of students

15 to or from a particular school so desegregated as a condi16 tion precedent to obtaining Federal funds otherwise avail17 able to any State, school district or school.

18 (b) No funds appropriated in this Act may be used

19 for the transportation of students or teachers (or for the

20 purchase of equipment for such transportation) in order

21 to overcome racial imbalance in any school or school sys22 tem, or for the transportation of students or teachers (or

23 for the purchase of equipment for such transportation) in

24 order to carry out a plan of racial desegregation of any

25 school or school system.
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1 SEC. 303. None of the funds contained in this Act

2 shall be used to require, directly or indirectly, the trans3 portation of any student to a school other than the school

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

5 requiring special education, to the school offering such

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

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

8 an indirect requirement of transportation of students in9 cludes the transportation of students to carry out a plan

10 involving the reorganization of the grade structure of

11 schools, the pairing of schools, or the clustering of schools,

12 or any combination of grade restructuring, pairing or clus13 tering. The prohibition described in this section does not

14 include the establishment of magnet schools.

15 SEC. 304. No funds appropriated under this Act may

16 be used to prevent the implementation of programs of vol17 untary prayer and meditation in the public schools.

18 Ω126æSEC. 305. (a) The Congress finds that—

19 (1) in order to increase our Nation’s standard of

20 living and to increase the number of good jobs, the

21 United States must increase its productivity and

22 ability to compete in the international marketplace

23 by improving the educational level of our workforce;

24 (2) although efforts are being made to establish

25 higher educational standards and goals, there is a
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1 substantial shortage of resources to meet such stand2 ards and goals;

3 (3) States and local communities are finding it

4 increasingly difficult to meet ever higher educational

5 standards and goals, and States will not be able to

6 fund needed changes without Federal help to reach

7 such standards and goals;

8 (4) the Federal Government has established

9 many education programs but failed to provide ade10 quate funding for such programs, for example one

11 such program provides education to our Nation’s dis12 abled students and was established with a promise of

13 40 percent Federal funding but currently receives

14 only 8 percent Federal funding;

15 (5) the annual shortfall in Federal education

16 programs is approximately half of the promised fund17 ing;

18 (6) many needed education improvements will

19 not need Federal funds, however, other suggested

20 changes such as lengthened school years, better pay,

21 after-school activities, mentoring for students at risk,

22 programs for gifted students, and replacing sub23 standard buildings will require substantial Federal

24 assistance; and
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1 (7) the Federal contribution to education is less

2 than 2 percent of the total Federal budget, and in

3 order to make education a national priority, the total

4 percentage of Federal education funding should be in5 creased by 1 percent each year over the next 8 years

6 to reach 10 percent of the total Federal budget.

7 (b) It is the sense of the Congress that the total share

8 of the Federal spending on education should increase by at

9 least 1 percent each year until such share reaches 10 percent

10 of the total Federal budget.

11 Ω127æSEC. 306. (a) The Congress finds that—

12 (1) according to the recent National Performance

13 Review, there are currently 230 distinct programs in

14 the Department of Education, 160 of which award

15 grants through 245 national competitions each year;

16 (2) many of these programs overlap in purpose

17 and orientation, differing only in the administrative

18 requirements such programs impose on applicants

19 and the Department of Education;

20 (3) as an example, the goal of reforming schools

21 is funded through at least 4 programs assisted under

22 this Act, including the programs assisted under chap23 ter 2 of title I of the Elementary and Secondary Edu24 cation Act of 1965 (block grants), the Fund for the

25 Improvement and Reform of Schools and Teaching,
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1 the Secretary’s Fund for Innovation in Education,

2 and a new program established under the Goals 2000:

3 Educate America Act, which has not yet become law;

4 (4) the overhead at the Department of Education

5 to administer each separate program, and the cost to

6 States, localities and schools of preparing applica7 tions, planning ahead, and managing funds under

8 each program diverts scarce resources from schools

9 and students;

10 (5) some Federal programs serve purposes which

11 would be better served by consolidation into a single

12 flexible grant, a few serve purposes that could be met

13 without Federal assistance, and some programs are

14 obsolete;

15 (6) in the Department of Education’s internal

16 study for the National Performance Review, the De17 partment indicated that the Department had identi18 fied 41 programs that could be eliminated or consoli19 dated into other programs;

20 (7) this Act takes a significant step toward con21 solidation by eliminating funding for 13 programs,

22 and the Department of Education has begun a serious

23 effort to consolidate programs, as is appropriate, in

24 the reauthorization of the Elementary and Secondary
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1 Education Act of 1965, but much more remains to be

2 done; and

3 (8) the Defense Base Closure and Realignment

4 Commission offers a successful model for cutting gov5 ernment spending despite powerful interests within

6 and outside of the Congress dedicated to protecting

7 specific projects or programs.

8 (b) It is the sense of the Congress that—

9 (1) within 6 months of the date of enactment of

10 this Act, the Department of Education should prepare

11 and submit to the Committee on Labor and Human

12 Resources of the Senate and the Committee on Edu13 cation and Labor of the House of Representatives a

14 legislative package reflecting the President’s National

15 Performance Review plan to consolidate Federal edu16 cation programs;

17 (2) the Committee on Labor and Human Re18 sources of the Senate and the Committee on Edu19 cation and Labor of the House of Representatives

20 should consider the package submitted by the Depart21 ment of Education and should report to the Senate

22 and House of Representatives, respectively, bills pro23 posing to consolidate Federal education programs;

24 (3) the leadership of each House of the Congress

25 should establish—
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1 (A) a process for considering a bill de2 scribed in paragraph (2) under which such bill

3 would be subject to a single vote of approval or

4 disapproval by such House; or

5 (B) a comparable process to minimize the

6 possibility that individual programs will be ex7 cepted from the consolidation; and

8 (4) the objective of the consolidation should be,

9 first, to find savings by reducing the administrative

10 costs to both the Department of Education and to

11 States and localities that are due to redundant pro12 grams, and, second, to maximize the impact of Fed13 eral education dollars, but not to reduce our Nation’s

14 overall investment in schools and students.

15 This title may be cited as the ‘‘Department of Edu16 cation Appropriations Act, 1994’’.

17 TITLE IV—RELATED AGENCIES

18 ACTION

19 OPERATING EXPENSES

20 For expenses necessary for Action to carry out the

21 provisions of the Domestic Volunteer Service Act of 1973,

22 as amended, Ω128æ$201,526,000: Provided, That

23 $34,667,000 shall be available for title I, section 102, and

24 $982,000 shall be available for title I, part C

25 $206,287,000: Provided, That notwithstanding any other
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1 provision of this Act, including the provisos pertaining to

2 consulting services under the heading Community Services

3 Block Grant, no department, agency, or instrumentality of

4 the United States Government receiving appropriated funds

5 under this Act for fiscal year 1994 shall, during fiscal year

6 1994, obligate and expend funds for consulting services in

7 excess of an amount equal to 94.975 percent of the amount

8 estimated to be obligated and expended by such department,

9 agency, or instrumentality for such services during fiscal

10 year 1994: Provided further, That notwithstanding any

11 other provision of this Act, the aggregate amount of funds

12 appopriated by this Act to any such department, agency,

13 or instrumentality for fiscal year 1994 is reduced by an

14 amount equal to 5.025 percent of the amount to be expended

15 by such department, agency, or instrumentality during fis16 cal year 1994 for consulting services. As used in the preced17 ing two provisos, the term ‘‘consulting services’’ includes

18 any service within the definition of sub-object class 25.1 as

19 described in the Office of Management and Budget Circular

20 A–11, dated August 4, 1993.

21 CORPORATION FOR PUBLIC BROADCASTING

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

24 1934, an amount which shall be available within limita25 tions specified by that Act, for the fiscal year 1996,
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1 Ω129æ$292,640,000 $320,000,000: Provided, That no

2 funds made available to the Corporation for Public Broad3 casting by this Act shall be used to pay for receptions,

4 parties, or similar forms of entertainment for Government

5 officials or employees: Provided further, That none of the

6 funds contained in this paragraph shall be available or

7 used to aid or support any program or activity from which

8 any person is excluded, or is denied benefits, or is discrimi9 nated against, on the basis of race, color, national origin,

10 religion, or sex.

11 FEDERAL MEDIATION AND CONCILIATION SERVICE

12 SALARIES AND EXPENSES

13 For expenses necessary for the Federal Mediation

14 and Conciliation Service to carry out the functions vested

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

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

17 motor vehicles; and for expenses necessary for the Labor18 Management Cooperation Act of 1978 (29 U.S.C. 175a);

19 and for expenses necessary for the Service to carry out

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

21 Public Law 95–454 (5 U.S.C. chapter 71), $30,241,000.
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1 FEDERAL MINE SAFETY AND HEALTH REVIEW

2 COMMISSION

3 SALARIES AND EXPENSES

4 For expenses necessary for the Federal Mine Safety

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

6 $5,842,000.

7 NATIONAL COMMISSION ON LIBRARIES AND

8 INFORMATION SCIENCE

9 SALARIES AND EXPENSES

10 For necessary expenses for the National Commission

11 on Libraries and Information Science, established by the

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

13 by Public Law 102–95), $904,000.

14 NATIONAL COUNCIL ON DISABILITY

15 SALARIES AND EXPENSES

16 For expenses necessary for the National Council on

17 Disability as authorized by title IV of the Rehabilitation

18 Act of 1973, as amended, Ω130æ$1,590,000 $1,791,000.

19 NATIONAL LABOR RELATIONS BOARD

20 SALARIES AND EXPENSES

21 For expenses necessary for the National Labor Rela22 tions Board to carry out the functions vested in it by the

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

24 U.S.C. 141–167), and other laws, $171,274,000: Pro25 vided, That no part of this appropriation shall be available
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1 to organize or assist in organizing agricultural laborers or

2 used in connection with investigations, hearings, direc3 tives, or orders concerning bargaining units composed of

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

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

6 by the Labor-Management Relations Act, 1947, as amend7 ed, and as defined in section 3(f) of the Act of June 25,

8 1938 (29 U.S.C. 203), and including in said definition em9 ployees engaged in the maintenance and operation of

10 ditches, canals, reservoirs, and waterways when main11 tained or operated on a mutual, nonprofit basis and at

12 least 95 per centum of the water stored or supplied there13 by is used for farming purposes.

14 NATIONAL MEDIATION BOARD

15 SALARIES AND EXPENSES

16 For expenses necessary to carry out the provisions

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

18 188), including emergency boards appointed by the Presi19 dent, Ω131æ$8,506,000 $8,807,000.

20 OCCUPATIONAL SAFETY AND HEALTH REVIEW

21 COMMISSION

22 SALARIES AND EXPENSES

23 For the expenses necessary for the Occupational

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

25 $7,362,000.
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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, $4,171,000, 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, $4,500,000, to be transferred

11 to this appropriation from the Federal Hospital Insurance

12 and the Federal Supplementary Medical Insurance Trust

13 Funds.

14 RAILROAD RETIREMENT BOARD

15 DUAL BENEFITS PAYMENTS ACCOUNT

16 For payment to the Dual Benefits Payments Ac17 count, authorized under section 15(d) of the Railroad Re18 tirement Act of 1974, $277,000,000, which shall include

19 amounts becoming available in fiscal year 1994 pursuant

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

22 provided herein, shall be available proportional to the

23 amount by which the product of recipients and the average

24 benefit received exceeds $277,000,000: Provided, That the

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

2 in the fiscal year.

3 FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT

4 ACCOUNTS

5 For payment to the accounts established in the

6 Treasury for the payment of benefits under the Railroad

7 Retirement Act for interest earned on unnegotiated

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

9 30, 1995, which shall be the maximum amount available

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

11 76.

12 LIMITATION ON ADMINISTRATION

13 For necessary expenses for the Railroad Retirement

14 Board, $73,791,000, to be derived from the railroad re15 tirement accounts: Provided, That $200,000 of the fore16 going amount shall be available only to the extent nec17 essary to process workloads not anticipated in the budget

18 estimates and after maximum absorption of the costs of

19 such workloads within the remainder of the existing limi20 tation has been achieved: Provided further, That notwith21 standing any other provision of law, no portion of this lim22 itation shall be available for payments of standard level

23 user charges pursuant to section 210(j) of the Federal

24 Property and Administrative Services Act of 1949, as

25 amended (40 U.S.C. 490(j); 45 U.S.C. 231–231u).
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1 LIMITATION ON RAILROAD UNEMPLOYMENT INSURANCE

2 ADMINISTRATION FUND

3 For further expenses necessary for the Railroad Re4 tirement Board, for administration of the Railroad Unem5 ployment Insurance Act, not less than $17,010,000 shall

6 be apportioned for fiscal year 1994 from moneys credited

7 to the railroad unemployment insurance administration

8 fund.

9 SPECIAL MANAGEMENT IMPROVEMENT FUND

10 To effect management improvements, including the

11 reduction of backlogs, accuracy of taxation accounting,

12 and debt collection, $3,300,000, to be derived from the

13 railroad retirement accounts and railroad unemployment

14 insurance account: Provided, That these funds shall sup15 plement, not supplant, existing resources devoted to such

16 operations and improvements.

17 LIMITATION ON THE OFFICE OF INSPECTOR GENERAL

18 For expenses necessary for the Office of Inspector

19 General for audit, investigatory and review activities, as

20 authorized by the Inspector General Act of 1978, as

21 amended, not more than $6,742,000, to be derived from

22 the railroad retirement accounts and railroad unemploy23 ment insurance account.
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1 SOLDIERS’ AND AIRMEN’S HOME

2 OPERATION AND MAINTENANCE

3 For operation and maintenance of the United States

4 Soldiers’ and Airmen’s Home, to be paid from funds avail5 able to the Soldiers’ Home in the Armed Forces Retire6 ment Home Trust Fund, $43,139,000: Provided, That

7 this appropriation shall not be available for the payment

8 of hospitalization of members of the Home in United

9 States Army hospitals at rates in excess of those pre10 scribed by the Secretary of the Army upon recommenda11 tion of the Board of Commissioners and the Surgeon

12 General of the Army.

13 CAPITAL OUTLAY

14 For construction and renovation of the physical plant,

15 to be paid from funds available to the Soldier’s Home in

16 the Armed Forces Retirement Home Trust Fund,

17 $4,930,000, to remain available until expended.

18 UNITED STATES INSTITUTE OF PEACE

19 OPERATING EXPENSES

20 For necessary expenses of the United States Institute

21 of Peace as authorized in the United States Institute of

22 Peace Act, $10,912,000.

23 UNITED STATES NAVAL HOME

24 OPERATION AND MAINTENANCE

25 For operation and maintenance of the United States

26 Naval Home, to be paid from funds available to the Naval
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1 Home in the Armed Forces Retirement Home Trust

2 Fund, $10,775,000.

3 CAPITAL PROGRAM

4 For construction and renovation of the physical plant

5 to be paid from funds available to the Naval Home in the

6 Armed Forces Retirement Home Trust Fund, $473,000,

7 to remain available until expended.

8 TITLE V—GENERAL PROVISIONS

9 SEC. 501. No part of the funds appropriated under

10 this Act shall be used to provide a loan, guarantee of a

11 loan, a grant, the salary of or any remuneration whatever

12 to any individual applying for admission, attending, em13 ployed by, teaching at, or doing research at an institution

14 of higher education who has engaged in conduct on or

15 after August 1, 1969, which involves the use of (or the

16 assistance to others in the use of) force or the threat of

17 force or the seizure of property under the control of an

18 institution of higher education, to require or prevent the

19 availability of certain curricula, or to prevent the faculty,

20 administrative officials, or students in such institution

21 from engaging in their duties or pursuing their studies

22 at such institution.

23 SEC. 502. The Secretaries of Labor, Health and

24 Human Services, and Education are authorized to transfer

25 unexpended balances of prior appropriations to accounts

26 corresponding to current appropriations provided in this
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1 Act: Provided, That such transferred balances are used for

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

3 which they were originally appropriated.

4 SEC. 503. No part of any appropriation contained in

5 this Act shall remain available for obligation beyond the

6 current fiscal year unless expressly so provided herein.

7 SEC. 504. (a) No part of any appropriation contained

8 in this Act shall be used, other than for normal and recog9 nized executive-legislative relationships, for publicity or

10 propaganda purposes, for the preparation, distribution, or

11 use of any kit, pamphlet, booklet, publication, radio, tele12 vision, or film presentation designed to support or defeat

13 legislation pending before the Congress, except in presen14 tation to the Congress itself.

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

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

17 grant or contract recipient, or agent acting for such recipi18 ent, related to any activity designed to influence legislation

19 or appropriations pending before the Congress.

20 SEC. 505. The Secretaries of Labor and Education

21 are each authorized to make available not to exceed

22 $7,500 from funds available for salaries and expenses

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

24 and representation expenses; the Director of the Federal

25 Mediation and Conciliation Service is authorized to make
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1 available for official reception and representation expenses

2 not to exceed $2,500 from the funds available for ‘‘Sala3 ries and expenses, Federal Mediation and Conciliation

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

5 Board is authorized to make available for official reception

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

7 funds available for ‘‘Salaries and expenses, National Medi8 ation Board’’.

9 SEC. 506. Notwithstanding any other provision of

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

11 used to carry out any program of distributing sterile nee12 dles for the hypodermic injection of any illegal drug unless

13 the Surgeon General of the United States determines that

14 such programs are effective in preventing the spread of

15 HIV and do not encourage the use of illegal drugs, except

16 that such funds may be used for such purposes in further17 ance of demonstrations or studies authorized in the

18 ADAMHA Reorganization Act (Public Law 102–321).

19 Ω132æCOMPLIANCE WITH BUY AMERICAN ACT

20 SEC. 507. No funds appropriated pursuant to this

21 Act may be expended by an entity unless the entity agrees

22 that in expending the assistance the entity will comply

23 with sections 2 through 4 of the Act of March 3, 1933

24 (41 U.S.C. 10a–10c, popularly known as the ‘‘Buy Amer25 ican Act’’).
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1 SENSE OF CONGRESS; REQUIREMENT REGARDING NOTICE

2 SEC. 508. (a) PURCHASE OF AMERICAN-MADE

3 EQUIPMENT AND PRODUCTS.—In the case of any equip4 ment or products that may be authorized to be purchased

5 with financial assistance provided under this Act, it is the

6 sense of the Congress that entities receiving such assist7 ance should, in expending the assistance, purchase only

8 American-made equipment and products.

9 (b) NOTICE TO RECIPIENTS OF ASSISTANCE.—In

10 providing financial assistance under this Act, the head of

11 each Federal agency shall provide to each recipient of the

12 assistance a notice describing the statement made in sub13 section (a) by the Congress.

14 PROHIBITION OF CONTRACTS

15 SEC. 509. If it has been finally determined by a court

16 or Federal agency that any person intentionally affixed a

17 label bearing a ‘‘Made in America’’ inscription, or any in18 scription with the same meaning, to any product sold in

19 or shipped to the United States that is not made in the

20 United States, such person shall be ineligible to receive

21 any contract or subcontract made with funds provided

22 pursuant to this Act, pursuant to the debarment, suspen23 sion, and ineligibility procedures described in section

24 9.400 through 9.409 of title 48, Code of Federal Regula25 tions.
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1 Ω133æSEC. 509. (a) Notwithstanding any other provi2 sion of law, monthly benefit payments under part B or part

3 C of the Black Lung Benefits Act for months after December

4 1993 and before October 1994 shall be calculated as though

5 the provisions of Federal law prescribing pay rates for Fed6 eral employees continued in effect, without amendment to

7 or limitation of such provisions, after January 1993.

8 (b) Of the amounts provided under title XII of Public

9 Law 102–368, Additional Assistance to Distressed Commu10 nities, under the heading ‘‘Community Investment Pro11 gram’’, $225,000,000 are rescinded.

12 SEC. 510. None of the funds appropriated under this

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

14 made known to the Federal entity or official to which

15 funds are appropriated under this Act that such procedure

16 is necessary to save the life of the mother or that the preg17 nancy is the result of an act of rape or incest.

18 Ω134æSEC. 511. It is the sense of the Senate that the

19 United States Department of Justice should investigate

20 whether any Federal criminal civil rights laws were vio21 lated as a result of (1) the murder of Yankel Rosenbaum

22 on August 19, 1991, and (2) the circumstances surrounding

23 the murder and accompanying riots in Crown Heights.
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1 Ω135æ

2 TITLE VI—NONSMOKING POLICY

3 SEC. 601. SHORT TITLE.

4 This title may be cited as the ‘‘Preventing Our Kids

5 From Inhaling Deadly Smoke (PRO-KIDS) Act of 1993’’.

6 SEC. 602. FINDINGS.

7 The Congress finds that—

8 (1) environmental tobacco smoke comes from sec9 ondhand smoke exhaled by smokers and sidestream

10 smoke emitted from the burning of cigarettes, cigars,

11 and pipes;

12 (2) since citizens of the United States spend up

13 to 90 percent of a day indoors, there is a significant

14 potential for exposure to environmental tobacco smoke

15 from indoor air;

16 (3) exposure to environmental tobacco smoke oc17 curs in schools, public buildings, and other indoor fa18 cilities;

19 (4) recent scientific studies have concluded that

20 exposure to environmental tobacco smoke is a cause of

21 lung cancer in healthy nonsmokers and is responsible

22 for acute and chronic respiratory problems and other

23 health impacts in sensitive populations (including

24 children);
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1 (5) the health risks posed by environmental to2 bacco smoke exceed the risks posed by many environ3 mental pollutants regulated by the Environmental

4 Protection Agency; and

5 (6) according to information released by the En6 vironmental Protection Agency, environmental to7 bacco smoke results in a loss to the economy of over

8 $3,000,000,000 per year.

9 SEC. 603. DEFINITIONS.

10 As used in this title:

11 (1) ADMINISTRATOR.—The term ‘‘Adminis12 trator’’ means the Administrator of the Environ13 mental Protection Agency.

14 (2) CHILDREN.—The term ‘‘children’’ means in15 dividuals who have not attained the age of 18.

16 (3) CHILDREN’S SERVICES.—The term ‘‘chil17 dren’s services’’ means—

18 (A) direct health services that are routinely

19 provided to children and that are funded (in

20 whole or in part) by Federal funds; or

21 (B) any other direct services that are rou22 tinely provided primarily to children, including

23 educational services and that are funded (in

24 whole or in part) by Federal funds.
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1 (4) FEDERAL AGENCY.—The term ‘‘Federal agen2 cy’’ means an entity in the executive, legislative or ju3 dicial branch of the Federal Government.

4 (5) SECRETARY.—The term ‘‘Secretary’’ means

5 the Secretary of Health and Human Services.

6 SEC. 604. NONSMOKING POLICY FOR CHILDREN’S SERV7 ICES.

8 (a) ISSUANCE OF GUIDELINES.—Not later than 180

9 days after the date of enactment of this Act, the Adminis10 trator shall issue guidelines for instituting and enforcing

11 a nonsmoking policy at each indoor facility where chil12 dren’s services are provided.

13 (b) CONTENTS OF GUIDELINES.—A nonsmoking policy

14 that meets the requirements of the guidelines shall, at a

15 minimum, prohibit smoking in each portion of an indoor

16 facility where children’s services are provided that is not

17 ventilated separately (as defined by the Administrator)

18 from other portions of the facility.

19 SEC. 605. TECHNICAL ASSISTANCE.

20 The Administrator and the Secretary shall provide

21 technical assistance to persons who provide children’s serv22 ices and other persons who request technical assistance. The

23 technical assistance shall include information—

24 (1) on smoking cessation programs for employ25 ees; and
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1 (2) to assist in compliance with the requirements

2 of this title.

3 SEC. 606. FEDERALLY FUNDED PROGRAMS.

4 (a) IN GENERAL.—Notwithstanding any other provi5 sion of law, each person who provides children’s services

6 shall establish and make a good-faith effort to enforce a non7 smoking policy that meets or exceeds the requirements of

8 subsection (b).

9 (b) NONSMOKING POLICY.—

10 (1) GENERAL REQUIREMENTS.—A nonsmoking

11 policy meets the requirements of this subsection if the

12 policy—

13 (A) is consistent with the guidelines issued

14 under section 604(a);

15 (B) prohibits smoking in each portion of an

16 indoor facility used in connection with the pro17 vision of services directly to children; and

18 (C) where appropriate, requires that signs

19 stating that smoking is not permitted be posted

20 in each indoor facility to communicate the

21 policy.

22 (2) PERMISSIBLE FEATURES.—A nonsmoking

23 policy that meets the requirements of this subsection

24 may allow smoking in those portions of the facility—
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1 (A) in which services are not normally pro2 vided directly to children; and

3 (B) that are ventilated separately from

4 those portions of the facility in which services

5 are normally provided directly to children.

6 (c) WAIVER.—

7 (1) IN GENERAL.—A person described in sub8 section (a) may publicly petition the head of the Fed9 eral agency from which the person receives Federal

10 funds (including financial assistance) for a waiver

11 from any or all of the requirements of subsection (b).

12 (2) CONDITIONS FOR GRANTING A WAIVER.—Ex13 cept as provided in paragraph (3), the head of the

14 Federal agency may grant a waiver only—

15 (A) after consulting with the Administrator,

16 and receiving the concurrence of the

17 Administrator;

18 (B) after giving an opportunity for public

19 hearing (at the main office of the Federal agency

20 or at any regional office of the agency) and com21 ment; and

22 (C) if the person requesting the waiver pro23 vides assurances that are satisfactory to the head

24 of the Federal agency (with the concurrence of

25 the Administrator) that—
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1 (i) unusual extenuating circumstances

2 prevent the person from establishing or en3 forcing the nonsmoking policy (or a require4 ment under the policy) referred to in sub5 section (b) (including a case in which the

6 person shares space in an indoor facility

7 with another entity and cannot obtain an

8 agreement with the other entity to abide by

9 the nonsmoking policy requirement) and the

10 person will establish and make a good-faith

11 effort to enforce an alternative nonsmoking

12 policy (or alternative requirement under the

13 policy) that will protect children from expo14 sure to environmental tobacco smoke to the

15 maximum extent possible; or

16 (ii) the person requesting the waiver

17 will establish and make a good-faith effort

18 to enforce an alternative nonsmoking policy

19 (or alternative requirement under the pol20 icy) that will protect children from exposure

21 to environmental tobacco smoke to the same

22 degree as the policy (or requirement) under

23 subsection (b).

24 (3) SPECIAL WAIVER.—
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1 (A) IN GENERAL.—On receipt of an appli2 cation, the head of the Federal agency may grant

3 a special waiver to a person described in sub4 section (a) who employs individuals who are

5 members of a labor organization and provide

6 children’s services pursuant to a collective bar7 gaining agreement that—

8 (i) took effect before the date of enact9 ment of this Act; and

10 (ii) includes provisions relating to

11 smoking privileges that are in violation of

12 the requirements of this section.

13 (B) TERMINATION OF WAIVER.—A special

14 waiver granted under this paragraph shall ter15 minate on the earlier of—

16 (i) the first expiration date (after the

17 date of enactment of this Act) of the collec18 tive bargaining agreement containing the

19 provisions relating to smoking privileges; or

20 (ii) the date that is 1 year after the

21 date specified in subsection (f).

22 (d) CIVIL PENALTIES.—

23 (1) IN GENERAL.—(A) Any person subject to the

24 requirements of this section who fails to comply with

25 the requirements shall be liable to the United States
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1 for a civil penalty in an amount not to exceed $1,000

2 for each violation, but in no case shall the amount be

3 in excess of the amount of Federal funds received by

4 the person for the fiscal year in which the violation

5 occurred for the provision of children’s services.

6 (B) Each day a violation continues shall con7 stitute a separate violation.

8 (2) ASSESSMENT.—A civil penalty for a viola9 tion of this section shall be assessed by the head of the

10 Federal agency that provided Federal funds (includ11 ing financial assistance) to the person (or if the head

12 of the Federal agency does not have the authority to

13 issue an order, the appropriate official) by an order

14 made on the record after opportunity for a hearing in

15 accordance with section 554 of title 5, United States

16 Code. Before issuing the order, the head of the Federal

17 agency (or the appropriate official) shall—

18 (A) give written notice to the person to be

19 assessed a civil penalty under the order of the

20 proposal to issue the order; and

21 (B) provide the person an opportunity to

22 request, not later than 15 days after the date of

23 receipt of the notice, a hearing on the order.

24 (3) AMOUNT OF CIVIL PENALTY.—In determining

25 the amount of a civil penalty under this subsection,
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1 the head of the Federal agency (or the appropriate of2 ficial) shall take into account—

3 (A) the nature, circumstances, extent, and

4 gravity of the violation;

5 (B) with respect to the violator, the ability

6 to pay, the effect of the penalty on the ability to

7 continue operation, any prior history of the

8 same kind of violation, the degree of culpability,

9 and a demonstration of willingness to comply

10 with the requirements of this title; and

11 (C) such other matters as justice may

12 require.

13 (4) MODIFICATION.—The head of the Federal

14 agency (or the appropriate official) may compromise,

15 modify, or remit, with or without conditions, any

16 civil penalty that may be imposed under this sub17 section. The amount of the penalty as finally deter18 mined or agreed upon in compromise may be de19 ducted from any sums that the United States owes to

20 the person against whom the penalty is assessed.

21 (5) PETITION FOR REVIEW.—A person who has

22 requested a hearing concerning the assessment of a

23 penalty pursuant to paragraph (2) and is aggrieved

24 by an order assessing a civil penalty may file a peti25 tion for judicial review of the order with the United
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1 States Court of Appeals for the District of Columbia

2 Circuit or for any other circuit in which the person

3 resides or transacts business. The petition may only

4 be filed during the 30-day period beginning on the

5 date of issuance of the order making the assessment.

6 (6) FAILURE TO PAY.—If a person fails to pay

7 an assessment of a civil penalty—

8 (A) after the order making the assessment

9 has become a final order and without filing a pe10 tition for judicial review in accordance with

11 paragraph (5); or

12 (B) after a court has entered a final judg13 ment in favor of the head of the Federal agency

14 (or appropriate official),

15 the Attorney General shall recover the amount as16 sessed (plus interest at currently prevailing rates

17 from the last day of the 30-day period referred to in

18 paragraph (5) or the date of the final judgment, as

19 the case may be) in an action brought in an appro20 priate district court of the United States. In the ac21 tion, the validity, amount, and appropriateness of the

22 penalty shall not be subject to review.

23 (e) EXEMPTION.—This section shall not apply to a

24 person who provides children’s services who—

25 (1) has attained the age of 18;
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1 (2) provides children’s services—

2 (A) in a private residence; and

3 (B) only to children who are, by affinity or

4 consanguinity, or by court decree, a grandchild,

5 niece, or nephew of the provider; and

6 (3) is registered and complies with any State re7 quirements that govern the children’s services pro8 vided.

9 (f) EFFECTIVE DATE.—This section shall take effect on

10 the first day of the first fiscal year beginning after the date

11 of enactment of this Act.

12 SEC. 607. REPORT BY THE ADMINISTRATOR.

13 Not later than 2 years after the date of enactment of

14 this Act, the Administrator shall submit a report to the

15 Congress that includes—

16 (1) information concerning the degree of compli17 ance with this title; and

18 (2) an assessment of the legal status of smoking

19 in public places.

20 SEC. 608. PREEMPTION.

21 Nothing in this title is intended to preempt any provi22 sion of law of a State or political subdivision of a State

23 that is more restrictive than a provision of this title.
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1 This Act may be cited as the ‘‘Departments of Labor,

2 Health and Human Services, and Education, and Related

3 Agencies Appropriations Act, 1994’’.

Passed the House of Representatives June 30, 1993.

Attest: DONNALD K. ANDERSON,

Clerk.

Passed the Senate September 29 (legislative day,

September 27), 1993.

Attest: WALTER J. STEWART,

Secretary.

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