103D CONGRESS

1ST SESSION H. R. 2518

AMENDMENTS
In the Senate of the United States,

September 29 (legislative day, September 27), 1993.

Resolved, That the bill from the House of Representatives (H.R. 2518) entitled ‘‘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’’, do pass with

the following

AMENDMENTS:

1 Ω1æPage 2, line 17, strike out ø$4,943,181,000¿ and in2 sert: $4,588,536,000

3 Ω2æPage 2, line 19, strike out ø$61,871,000¿ and insert:

4 $65,000,000

5 Ω3æPage 2, line 20, strike out ø$78,303,000¿ and insert:

6 $88,000,000

7 Ω4æPage 2, line 23, strike out ø$5,357,000¿ and insert:

8 $5,800,000

9 Ω5æPage 2, line 26, strike out ø$3,831,000¿ and insert:

10 $3,861,000

11 Ω6æPage 3, line 10, after ‘‘addition,’’ insert:

12 $178,000,000 is appropriated for carrying out part B of
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1 title II of the Job Training Partnership Act to be available

2 for obligation for the period October 1, 1993 through June

3 30, 1994; and, in addition, $50,000,000 is appropriated for

4 carrying out part D of title IV of the Job Training Partner5 ship Act to be available for obligation for the period October

6 1, 1993 through June 30, 1995; and, in addition,

7 Ω7æPage 3, line 13, strike out ø$744,000¿ and insert:

8 $1,500,000

9 Ω8æPage 3, line 18, after ‘‘Act’’ insert: and, in addition,

10 $750,000 is appropriated for the Women in Apprenticeship

11 and Nontraditional Occupations Act (Public Law 102–530)

12 Ω9æPage 3, line 20, strike all after ‘‘centers’’ over to and

13 including ‘‘1993’’ in line 2 on page 4

14 Ω10æPage 5, line 18, strike out ø$69,542,000¿ and in15 sert: $77,042,000

16 Ω11æPage 5, line 19, strike out ø$3,327,707,000¿ and

17 insert: $3,338,389,000

18 Ω12æPage 6, line 12, strike out ø$67,486,000¿ and in19 sert: $74,986,000

20 Ω13æPage 7, line 1, strike out ø3.28¿ and insert: 3.427

21 Ω14æPage 8, line 8, strike out ø$64,408,000¿ and insert:

22 $64,058,000
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1 Ω15æPage 9, line 12, after ‘‘Act’’ insert: : Provided, That,

2 notwithstanding 31 U.S.C. 3302, or any provision of Public

3 Law 102–170, Public Law 102–394, this Act, or any subse4 quent Appropriations Act, the Secretary of Labor is author5 ized to accept, retain and spend in the name of the Depart6 ment of Labor all sums of money ordered to be paid to the

7 Secretary of Labor, in accordance with the terms of the Con8 sent Judgment in Civil Action No. 91–0027 of the United

9 States District Court for the District of the Northern Mari10 ana Islands (May 21, 1992)

11 SEC. 100. CONGRESSIONAL COVERAGE UNDER

12 HEALTH CARE LEGISLATION.—

13 (a) FINDINGS.—Congress finds:

14 (1) Congress is expected to consider health care

15 reform legislation in the near future that would offer

16 a standard benefit package with several different op17 tions for the delivery of those benefits.

18 (2) The standard benefits offered under all plans

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

20 plans.

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

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

23 information about all plans so that they may make

24 their choice based on the quality of plans and

25 consumer satisfaction of plans.
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1 (4) Members of Congress should be treated the

2 same and afforded the same choices as every Amer3 ican in the health care system.

4 (b) SENSE OF THE CONGRESS.—It is the sense of the

5 Congress that any legislation appproved by Congress should

6 provide health care plans of comparable high quality and

7 that Members of Congress participate on an equal basis

8 with all other Americans in the health care system that re9 sults from health care reform legislation.

10 Ω16æPage 11, line 4, strike out ø$1,001,575,000¿ and

11 insert: $1,002,175,000

12 Ω17æPage 11, line 9, strike out ø$28,929,000¿ and in13 sert: $29,529,000

14 Ω18æPage 12, line 4, strike out ø$294,640,000¿ and in15 sert: $297,244,000

16 Ω19æPage 14, line 11, strike out ø$193,858,000¿ and

17 insert: $195,002,000

18 Ω20æPage 15, line 15, strike out ø$281,768,000¿ and

19 insert: $282,018,000

20 Ω21æPage 15, line 16, strike out ø$51,927,000¿ and in21 sert: $51,227,000
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1 Ω22æPage 15, line 24, strike out ø$142,242,000¿ and

2 insert: $143,127,000

3 Ω23æPage 16, strike out lines 4 to 7 and insert:

4 For expenses necessary for the maintenance and oper5 ation of a comprehensive program of centralized services

6 which the Secretary of Labor may prescribe and deem ap7 propriate and advantageous to provide on a reimbursable

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

9 prior notice to OMB) in the national office and field: Pro10 vided, That such fund shall be reimbursed in advance from

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

12 such centralized services are performed at rates which will

13 return in full cost of operations including services obtained

14 through cooperative administrative services units under the

15 Economy Act, including reserves for accrued annual leave,

16 worker’s compensation, depreciation of capitalized equip17 ment, and amortization of ADP software and systems (ei18 ther acquired or donated): Provided further, That funds re19 ceived for services rendered to any entity or person for use

20 of Departmental facilities, including associated utilities

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

22 this fund.

23 Ω24æPage 17, after line 2, insert:
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1 SEC. 102. Section 8102 of title 5, United States Code

2 (‘‘the Act’’) is amended to redesignate subsection (b) of sub3 section (c) and to add the following new subsection (b):

4 ‘‘(b) An individual convicted of a violation of 18

5 U.S.C. 1920, or of any felony fraud related to the applica6 tion for or receipt of benefits under subchapter I or III or

7 chapter 81 of title 5, shall (in addition to any other pen8 alties provided by this subchapter) as of the date of the con9 viction, forfeit all entitlement to any prospective benefits

10 provided by subchapter I or III for any injury occurring

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

12 Ω25æPage 17, after line 2, insert:

13 SEC. 103. None of the funds appropriated under this

14 Act shall be expended by the Secretary of Labor to imple15 ment or administer either the final or proposed regulations

16 referred to in section 303 of Public Law 102–27.

17 Ω26æPage 17, line 10, strike out øand XXVI¿ and in18 sert: XXVI, and XXVII

19 Ω27æPage 17, line 15, strike out ø$2,833,588,000¿ and

20 insert: $2,954,341,000

21 Ω28æPage 18, line 1, after ‘‘Center’’ insert: : Provided

22 further, That no more than $5,000,000 is available for car23 rying out the provisions of Public Law 102–501
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1 Ω29æPage 19, line 14, strike out ø$2,500,000¿ and in2 sert: $3,000,000

3 Ω30æPage 19, line 19, strike out ø$80,000,000¿ and in4 sert: $110,000,000

5 Ω31æPage 19, lines 23 and 24, strike out øand XIX¿

6 and insert: XIX, and XXVII

7 Ω32æPage 20, line 4, strike out ø$1,910,182,000¿ and

8 insert: $2,088,781,000

9 Ω33æPage 24, line 17, strike out ø$328,915,000¿ and

10 insert: $332,915,000

11 Ω34æPage 24, line 21, after ‘‘grants’’ insert: : Provided

12 further, That $8,000,000 shall be for extramural facilities

13 construction grants to be awarded on a competitive basis

14 and in accordance with the criteria of section 481A(c)(2)

15 of subpart 1 of part E of title IV

16 Ω35æPage 24, line 25, strike out ø$119,030,000¿ and

17 insert: $131,925,000

18 Ω36æPage 25, line 3, strike out ø$22,240,000¿ and in19 sert: $19,988,000

20 Ω37æPage 25, line 7, strike out ø$118,481,000¿ and in21 sert: $120,481,000
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1 Ω38æPage 25, line 11, strike out ø$224,746,000¿ and

2 insert: $241,225,000

3 Ω39æPage 25, line 14, after ‘‘only’’ insert: : Provided fur4 ther, That of the funds made available under this heading,

5 $15,000,000 shall be made available for the Director’s Dis6 cretionary Fund, of which $12,000,000 shall be allocated

7 to the relevant Institutes, Centers and Divisions to support

8 the activities of the Decade of the Brain Program

9 Ω40æPage 25, line 25, strike out ø$114,385,000¿ and

10 insert: $101,000,000

11 Ω41æPage 26, line 8, strike out ø$2,057,167,000¿ and

12 insert: $2,119,205,000

13 Ω42æPage 26, line 16, strike out ø$4,000,000¿ and in14 sert: $3,000,000

15 Ω43æPage 26, line 23, strike out ø$68,758,000¿ and in16 sert: $71,167,000

17 Ω44æPage 27, line 18, strike out ø$129,051,000¿ and

18 insert: $139,305,000

19 Ω45æPage 28, after line 16, insert:

20 For making payments to States under title XIX of the

21 Social Security Act for the first quarter of fiscal year 1995,

22 $26,600,000,000 to remain available until expended.
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1 Ω46æPage 29, line 10, strike out ø$2,172,598,000¿ and

2 insert: $2,192,414,000

3 Ω47æPage 29, line 13, strike out ø$2,172,598,000¿ and

4 insert: $2,192,414,000

5 Ω48æPage 30, after line 11, insert:

6 For making benefit payments under title IV of the Fed7 eral Mine Safety and Health Act of 1977 for the first quar8 ter of fiscal year 1995, $190,000,000, to remain available

9 until expended.

10 Ω49æPage 30, line 19, strike out ø$20,181,775,000¿ and

11 insert: $20,172,775,000

12 Ω50æPage 30, line 23, strike out øJuly 31¿ and insert:

13 June 15

14 Ω51æPage 31, after line 2, insert:

15 For carrying out title XVI of the Social Security Act

16 for the first quarter of fiscal year 1995, $6,770,000,000, to

17 remain available until expended.

18 Ω52æPage 31, line 5, strike out ø$4,874,285,000¿ and

19 insert: $4,876,085,000

20 Ω53æPage 31, line 6, after ‘‘Act’’ insert: or as necessary

21 to carry out sections 9704 and 9706 of the Internal Revenue
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1 Code of 1986 as such sections were in effect on January

2 1, 1993

3 Ω54æPage 31, line 7, after ‘‘therein’’ insert: : Provided,

4 That no more than $542,398,000 shall be derived from the

5 Federal Hospital Insurance and the Federal Supple6 mentary Medical Insurance Trust Funds: Provided further,

7 That reimbursement to the Trust Funds under this heading

8 for administrative expenses to carry out sections 9704 and

9 9706 of the Internal Revenue Code of 1986 shall be made,

10 with interest, not later than September 30, 1996: Provided

11 further, That not more than $1,800,000 is available for ex12 penses necessary for the Commission on the Social Security

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

14 102–393 as amended

15 Ω55æPage 31, line 15, strike out ø$330,000,000¿ and

16 insert: $220,000,000

17 Ω56æPage 32, after line 14, insert:

18 For making payments to States or other non-Federal

19 entities under titles I, IV–A (other than section 402(g)(6))

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

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

22 quarter of fiscal year 1995, $4,200,000,000 to remain avail23 able until expended.

24 Ω57æPage 32, after line 18, insert:
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1 LOW INCOME HOME ENERGY ASSISTANCE

2 For making payments under title XXVI of the Omni3 bus Budget Reconciliation Act of 1981, $1,507,408,000 to

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

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

6 available for reimbursing States for costs incurred during

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

8 For making payments under title XXVI of the Omni9 bus Budget Reconciliation Act of 1981, an additional

10 $600,000,000: Provided, That all funds available under this

11 paragraph are hereby designated by Congress to be emer12 gency requirements pursuant to section 251(b)(2)(D) of the

13 Balanced Budget and Emergency Deficit Control Act of

14 1985: Provided further, That these funds shall be made

15 available only after submission to Congress of a formal

16 budget request by the President that includes designation

17 of the entire amount of the request as an emergency require18 ment as defined in the Balanced Budget and Emergency

19 Deficit Control Act of 1985.

20 Ω58æPage 33, line 5, strike out ø$447,643,000¿ and in21 sert: $472,649,000, including $12,000,000 which shall be

22 for carrying out the National Youth Sports Program: Pro23 vided, That payments from such amount to the grantee and

24 subgrantee administering the National Youth Sports Pro25 gram may not exceed the aggregate amount contributed in
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1 cash or in kind by the grantee and subgrantee: Provided

2 further, That amounts in excess of $9,400,000 of such

3 amount may not be made available to the grantee and

4 subgrantees administering the National Youth Sports Pro5 gram unless the grantee agrees to provide contributions in

6 cash over and above the preceding years cash contribution

7 to such program in an amount that equals 50 percent of

8 such excess amount: Provided further, That notwithstand9 ing any other provision of this Act, no department, agency,

10 or instrumentality of the United States Government receiv11 ing appropriated funds under this Act for fiscal year 1994

12 shall, during fiscal year 1994, obligate and expend funds

13 for consulting services in excess of an amount equal to 96.48

14 percent of the amount estimated to be obligated and ex15 pended by such department, agency, or instrumentality for

16 such services during fiscal year 1994: Provided further,

17 That notwithstanding any other provision of this Act, the

18 aggregate amount of funds appropriated by this Act to any

19 such department, agency, or instrumentality for fiscal year

20 1994 is reduced by an amount equal to 3.52 percent of the

21 amount expected to be expended by such department, agency

22 or instrumentality during fiscal year 1994 for consulting

23 services. As used in the preceding two provisos, the term

24 ‘consulting services’ includes any services within the defini25 tion of sub-object class 25.1 as described in the Office of
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1 Management and Budget Circular A–11, dated August 4,

2 1993

3 Ω59æPage 33, line 9, after ‘‘$892,711,000’’ insert: ,

4 which shall be available for obligation under the same statu5 tory terms and conditions applicable in the prior fiscal year

6 Ω60æPage 33, strike out lines 11 and 12 and insert:

7 For making grants to States pursuant to section 2002

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

9 section 2007 of the Social Security Act, an additional

10 $1,000,000,000, which shall remain available until ex11 pended.

12 Ω61æPage 34, line 13, after ‘‘100–77,’’ insert: the Com13 mission on Child and Family Welfare established under

14 Public Law 102–521,

15 Ω62æPage 34, line 14, strike out ø$4,169,806,000¿ and

16 insert: $4,296,796,000

17 Ω63æPage 34, after line 14, insert:

18 FAMILY SUPPORT AND PRESERVATION

19 For carrying out section 430 of the Social Security

20 Act, $60,000,000.

21 Ω64æPage 34, line 25, strike out ø$841,875,000¿ and

22 insert: $881,863,000
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1 Ω65æPage 35, line 5, strike out ø$94,149,000¿ and in2 sert: $92,793,000

3 Ω66æPage 35, line 12, strike out ø$62,379,000¿ and in4 sert: $64,800,000

5 Ω67æPage 37, strike out lines 3 to 9

6 Ω68æPage 37, line 14, strike out ø1911(d)¿ and insert:

7 1503

8 Ω69æPage 37, after line 15, insert:

9 SEC. 207. For the purpose of carrying out subparts

10 II and III part B of title XIX of the Public Health Service

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

12 1994, the Secretary of Health and Human Services shall

13 obligate $7,532,065 from the amounts made available pur14 suant to section 1935(b) of such Act for fiscal year 1994,

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

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

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

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

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

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

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

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

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

24 to Mississippi, $184,176 shall be available to Montana,
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HR 2518 EAS

1 $231,450 shall be available to Nebraska, $8,896 shall be

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

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

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

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

6 $319,674 shall be available to Tennessee, $196,426 shall be

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

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

9 Ω70æPage 37, after line 15, insert:

10 SEC. 208. Not to exceed $190,400,000 may be obligated

11 in fiscal year 1994 for contracts with Utilization and Qual12 ity Control Peer Review Organizations pursuant to part

13 B of title XI of the Social Security Act.

14 Ω71æPage 37, after line 15, insert:

15 SEC. 209. None of the funds appropriated under this

16 Act for the Medicaid Disproportionate Share Hospital pay17 ment program may be disbursed to a State until the Gov18 ernor of such State certifies to the Secretary of Health and

19 Human Services that such funds shall be expended solely

20 for providing medical assistance under Medicaid: Provided,

21 That it is the sense of the Senate that any health care re22 form legislation enacted by Congress should modify or

23 eliminate the Medicaid Disproportionate Share Hospital

24 payment program, because States are currently abusing the
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HR 2518 EAS

1 program by spending Federal matching funds for purposes

2 unrelated to Medicaid.

3 Ω72æPage 37, after line 15, insert:

4 SEC. 210. RESTRICTION ON PAYMENT OF BENEFITS TO IN5 DIVIDUALS CONFINED BY COURT ORDER TO

6 PUBLIC INSTITUTIONS PURSUANT TO VER7 DICTS OF NOT GUILTY BY REASON OF INSAN8 ITY OR OTHER MENTAL DISORDER.

9 (a) IN GENERAL.—Section 202(x)(1) of the Social Se10 curity Act (42 U.S.C. 402(x)(1)) is amended—

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

12 (2) by adding at the end the following new sub13 paragraph:

14 ‘‘(B) Notwithstanding any other provision

15 of this title, no monthly benefits shall be paid

16 under this section or under section 223 to any

17 individual for any month during which such in18 dividual is confined in any public institution by

19 a court order pursuant to a verdict that the indi20 vidual is guilty, but insane or not guilty of an

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

22 similar finding, such as a mental disease, a

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

24 (b) CONFORMING AMENDENTS.—
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1 (1) The heading for section 202(x) of such Act is

2 amended by inserting ‘‘and Certain Other Inmates of

3 Public Institutions’’ after ‘‘Prisoners’’.

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

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

6 ‘‘any individual confined as described in paragraph

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

8 facility, or other public institution to which such in9 dividual is so confined is under the jurisdiction of

10 such agency and the Secretary requires such informa11 tion to carry out the provisions of this section.’’.

12 (c) EFFECTIVE DATE.—

13 (1) IN GENERAL.—Except as provided in para14 graph (2), the amendments made by this section shall

15 apply with respect to benefits for months commencing

16 90 days after the date of the enactment of this Act.

17 (2) SPECIAL RULE REGARDING PAYMENTS TO IN18 STITUTIONS.—The amendment made by subsection (a)

19 shall not apply to any payment with respect to any

20 individual, if, as of the date of the enactment of this

21 Act, such payment is made directly to the public in22 stitution to compensate such institution for the ex23 pense of institutionalizing such individual.

24 Ω73æPage 37, after line 19, insert:
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1 (INCLUDING TRANSFER OF FUNDS)

2 Ω74æPage 37, strike out all after line 19 over to and

3 including line 5 on page 38 and insert:

4 For carrying out education reform activities author5 ized in law, including activities authorized by the Carl D.

6 Perkins Vocational and Applied Technology Education Act,

7 $166,000,000, of which $5,000,000, under section 402 of the

8 Perkins Act, shall be used by the Secretary for activities,

9 including peer review of applications, related to school-to10 work transition, and not less than $45,000,000 shall be used

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

12 subgrants to initiate activities in States and localities relat13 ed to school-to-work transition: Provided, That

14 $116,000,000 of the funds provided shall be for carrying

15 out activities authorized by the Goals 2000: Educate Amer16 ica Act, or similar legislation, if enacted into law by April

17 1, 1994 of which $5,000,000 shall be used for ‘‘State Plan18 ning for Improving Student Achievement Through Integra19 tion of Technology Into the Curriculum’’; and that if such

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

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

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

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

24 any funds appropriated in this account may be transferred

25 as necessary to other Department of Education accounts.
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1 Ω75æPage 38, line 10, strike out ø$6,871,147,000¿ and

2 insert: $6,971,620,000

3 Ω76æPage 38, line 11, strike out ø$6,844,682,000¿ and

4 insert: $6,943,175,000

5 Ω77æPage 38, line 13, strike out ø$5,597,000,000¿ and

6 insert: $5,687,000,000

7 Ω78æPage 38, line 14, strike out øexcluding subsection

8 (a)(3)¿

9 Ω79æPage 38, line 16, strike out ø$39,734,000¿ and in10 sert: $42,000,000

11 Ω80æPage 38, line 17, strike out ø$89,123,000¿ and in12 sert: $92,123,000

13 Ω81æPage 38, line 19, strike out ø$302,773,000¿ and

14 insert: $306,000,000

15 Ω82æPage 38, line 26, strike out ø$2,980,000¿ and in16 sert: $4,960,000

17 Ω83æPage 39, line 12, strike out ø$813,074,000¿ and

18 insert: $748,368,000

19 Ω84æPage 39, line 13, strike out ø$630,000,000¿ and

20 insert: $563,780,000
20

HR 2518 EAS

1 Ω85æPage 39, line 14, strike out ø$123,629,000¿ and

2 insert: $121,629,000

3 Ω86æPage 39, line 15, strike out ø$29,462,000¿ and in4 sert: $34,762,000

5 Ω87æPage 39, line 18, strike out ø$1,786,000 shall be

6 for payments under section 3(e),¿

7 Ω88æPage 41, line 13, strike out ø$1,339,178,000¿ and

8 insert: $1,393,893,000

9 Ω89æPage 41, line 13, strike out ø$1,014,709,000¿ and

10 insert: $1,065,101,000

11 Ω90æPage 41, line 16, strike out ø$24,925,000¿ and in12 sert: $25,196,000

13 Ω91æPage 41, line 17, strike out ø$246,016,000¿ and

14 insert: $252,658,000

15 Ω92æPage 41, line 20, after ‘‘1965’’ insert: : Provided

16 further, That of the amount provided for the State and local

17 programs under part B of title V of the Elementary and

18 Secondary Education Act, up to $32,838,000 may be used

19 for Department of Education activities authorized under

20 the Safe Schools Act, or similar legislation, if such legisla21 tion is enacted by April 1, 1994; and any funds used for
21

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1 such activities shall be available from October 1, 1993

2 through September 30, 1994

3 Ω93æPage 41, line 24, strike out ø$242,789,000¿ and

4 insert: $232,251,000

5 Ω94æPage 41, line 25, strike out ø$36,672,000¿ and in6 sert: $35,708,000

7 Ω95æPage 41, line 26, strike out ø$40,000,000¿ and in8 sert: $35,968,000

9 Ω96æPage 42, line 8, strike out ø$3,039,442,000¿ and

10 insert: $3,134,734,000

11 Ω97æPage 42, line 8, strike out ø$2,108,218,000¿ and

12 insert: $2,163,508,000

13 Ω98æPage 42, line 9, strike out ø$325,773,000¿ and in14 sert: $343,751,000

15 Ω99æPage 42, line 9, strike out ø$243,769,000¿ and in16 sert: $256,280,000

17 Ω100æPage 42, line 10, strike out ø$113,755,000¿ and

18 insert: $120,000,000

19 Ω101æPage 42, line 25, strike out all after ‘‘1973,’’ over

20 to and including ‘‘407’’ in line 1 on page 43 and insert:
22

HR 2518 EAS

1 the Technology-Related Assistance for Individuals with Dis2 abilities Act

3 Ω102æPage 43, line 2, strike out ø$2,251,028,000¿ and

4 insert: $2,316,913,000

5 Ω103æPage 43, line 21, strike out ø$77,435,000¿ and

6 insert: $79,435,000

7 Ω104æPage 43, line 23, after ‘‘expended’’ insert: and

8 $2,000,000 shall be for construction and shall be available

9 until expended

10 Ω105æPage 44, line 6, strike out ø$1,474,243,000¿ and

11 insert: $1,483,433,000

12 Ω106æPage 44, line 17, strike out ø$31,327,000¿ and

13 insert: $40,327,000

14 Ω107æPage 44, line 21, strike out ø$16,705,000¿ and

15 insert: $25,705,000

16 Ω108æPage 44, line 22, after ‘‘411(b)’’ insert: , including

17 $5,000,000 for model community education and employ18 ment centers

19 Ω109æPage 45, line 5, after ‘‘E,’’ insert: G,

20 Ω110æPage 45, line 6, strike out ø$8,120,366,000¿ and

21 insert: $8,004,293,000
23

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1 Ω111æPage 45, line 9, strike out ø$2,250¿ and insert:

2 $2,300

3 Ω112æPage 46, strike out lines 1 to 5

4 Ω113æPage 46, line 6, after ‘‘DIRECT’’ insert: STUDENT

5 Ω114æPage 46, line 7, strike out all after ‘‘of’’ down to

6 and including ‘‘569)’’ in line 9 and insert: direct loans au7 thorized by title IV, part D, of the Higher Education Act,

8 as amended

9 Ω115æPage 46, lines 17 and 18, strike out øand subpart

10 1 of part B¿ and insert: , subpart 1 of part B and part

11 D

12 Ω116æPage 46, line 19, strike out øand section 1410¿

13 Ω117æPage 46, line 23, strike out ø$889,855,000¿ and

14 insert: $882,974,000

15 Ω118æPage 47, line 2, after ‘‘1204(c)’’ insert: : Provided,

16 That under subpart 6 of part A of title IV of the Higher

17 Education Act, the District of Columbia and the Common18 wealth of Puerto Rico shall receive funding allocations as

19 if they were States and shall not be subject to the limita20 tions on the non-State entities listed in section 419G(b)

21 Ω119æPage 48, line 23, strike out ø$178,500,000¿ and

22 insert: $357,000,000
24

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1 Ω120æPage 49, line 8, after ‘‘amended’’ insert: (or any

2 successor authority)

3 Ω121æPage 49, line 8, strike out øsection 1566,¿

4 Ω122æPage 49, line 13, strike out øsection 6041 of Pub5 lic Law 100–418;¿

6 Ω123æPage 49, line 15, strike out all after ‘‘Act,’’ down

7 to and including ‘‘2012’’ in line 22 and insert:

8 $301,398,000: Provided, That $31,000,000 shall be for re9 search centers, including funds to extend the existing award

10 for a research center on the education of disadvantaged stu11 dents for up to one year; $38,032,000 shall be for regional

12 laboratories, including $9,508,000 for rural initiatives;

13 $40,000,000 shall be for activities under the Fund for Inno14 vation in Education; $4,463,000 shall be for civic education

15 activities under section 4609; $5,396,000 shall be for Grants

16 for Schools and Teachers under subpart 1 and $3,687,000

17 shall be for Family School Partnerships under subpart 2

18 of part B of title III of Public Law 100-297; $14,582,000

19 shall be for national diffusion activities under section 1562;

20 $16,072,000 shall be for national programs under section

21 2012, including $3,672,000 for the National Clearinghouse

22 for Science and Mathematics under section 2012(d); and

23 $15,000,000 shall be for regional consortia under subpart

24 2 of part A of title II; $9,607,000 shall be for Javits gifted
25

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1 and talented students education; $27,000,000 shall be for

2 star schools, of which $4,500,000 shall be for a demonstra3 tion of a statewide, two-way interactive fiber optic tele4 communications network, carrying voice, video, and data

5 transmissions, and housing a point of presence in every

6 county; $1,737,000 shall be for territorial teacher training;

7 and $3,212,000 shall be for the National Writing Project

8 Ω124æPage 50, line 2, strike out ø$145,101,000¿ and

9 insert: $147,517,000, of which $19,000,000 shall be used to

10 carry out the provisions of title II of the Library Services

11 and Construction Act and shall remain available until ex12 pended, and $4,960,000 shall be for section 222 and

13 $2,802,000 shall be for section 223 of the Higher Education

14 Act, of which $2,500,000 shall be for demonstration of on15 line and dial-in access to a statewide, multitype library

16 bibliographic database through a statewide fiber optic net17 work housing a point of presence in every county, connect18 ing library services in every municipality

19 Ω125æPage 50, line 9, strike out ø$352,008,000¿ and

20 insert: $291,921,000

21 Ω126æPage 52, after line 17, insert:

22 SEC. 305. (a) The Congress finds that—

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

24 living and to increase the number of good jobs, the
26

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1 United States must increase its productivity and

2 ability to compete in the international marketplace

3 by improving the educational level of our workforce;

4 (2) although efforts are being made to establish

5 higher educational standards and goals, there is a

6 substantial shortage of resources to meet such stand7 ards and goals;

8 (3) States and local communities are finding it

9 increasingly difficult to meet ever higher educational

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

11 fund needed changes without Federal help to reach

12 such standards and goals;

13 (4) the Federal Government has established

14 many education programs but failed to provide ade15 quate funding for such programs, for example one

16 such program provides education to our Nation’s dis17 abled students and was established with a promise of

18 40 percent Federal funding but currently receives

19 only 8 percent Federal funding;

20 (5) the annual shortfall in Federal education

21 programs is approximately half of the promised fund22 ing;

23 (6) many needed education improvements will

24 not need Federal funds, however, other suggested

25 changes such as lengthened school years, better pay,
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1 after-school activities, mentoring for students at risk,

2 programs for gifted students, and replacing sub3 standard buildings will require substantial Federal

4 assistance; and

5 (7) the Federal contribution to education is less

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

7 order to make education a national priority, the total

8 percentage of Federal education funding should be in9 creased by 1 percent each year over the next 8 years

10 to reach 10 percent of the total Federal budget.

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

12 of the Federal spending on education should increase by at

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

14 of the total Federal budget.

15 Ω127æPage 52, after line 17, insert:

16 SEC. 306. (a) The Congress finds that—

17 (1) according to the recent National Performance

18 Review, there are currently 230 distinct programs in

19 the Department of Education, 160 of which award

20 grants through 245 national competitions each year;

21 (2) many of these programs overlap in purpose

22 and orientation, differing only in the administrative

23 requirements such programs impose on applicants

24 and the Department of Education;
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1 (3) as an example, the goal of reforming schools

2 is funded through at least 4 programs assisted under

3 this Act, including the programs assisted under chap4 ter 2 of title I of the Elementary and Secondary Edu5 cation Act of 1965 (block grants), the Fund for the

6 Improvement and Reform of Schools and Teaching,

7 the Secretary’s Fund for Innovation in Education,

8 and a new program established under the Goals 2000:

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

10 (4) the overhead at the Department of Education

11 to administer each separate program, and the cost to

12 States, localities and schools of preparing applica13 tions, planning ahead, and managing funds under

14 each program diverts scarce resources from schools

15 and students;

16 (5) some Federal programs serve purposes which

17 would be better served by consolidation into a single

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

19 without Federal assistance, and some programs are

20 obsolete;

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

22 study for the National Performance Review, the De23 partment indicated that the Department had identi24 fied 41 programs that could be eliminated or consoli25 dated into other programs;
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1 (7) this Act takes a significant step toward con2 solidation by eliminating funding for 13 programs,

3 and the Department of Education has begun a serious

4 effort to consolidate programs, as is appropriate, in

5 the reauthorization of the Elementary and Secondary

6 Education Act of 1965, but much more remains to be

7 done; and

8 (8) the Defense Base Closure and Realignment

9 Commission offers a successful model for cutting gov10 ernment spending despite powerful interests within

11 and outside of the Congress dedicated to protecting

12 specific projects or programs.

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

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

15 this Act, the Department of Education should prepare

16 and submit to the Committee on Labor and Human

17 Resources of the Senate and the Committee on Edu18 cation and Labor of the House of Representatives a

19 legislative package reflecting the President’s National

20 Performance Review plan to consolidate Federal edu21 cation programs;

22 (2) the Committee on Labor and Human Re23 sources of the Senate and the Committee on Edu24 cation and Labor of the House of Representatives

25 should consider the package submitted by the Depart-
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1 ment of Education and should report to the Senate

2 and House of Representatives, respectively, bills pro3 posing to consolidate Federal education programs;

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

5 should establish—

6 (A) a process for considering a bill de7 scribed in paragraph (2) under which such bill

8 would be subject to a single vote of approval or

9 disapproval by such House; or

10 (B) a comparable process to minimize the

11 possibility that individual programs will be ex12 cepted from the consolidation; and

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

14 first, to find savings by reducing the administrative

15 costs to both the Department of Education and to

16 States and localities that are due to redundant pro17 grams, and, second, to maximize the impact of Fed18 eral education dollars, but not to reduce our Nation’s

19 overall investment in schools and students.

20 Ω128æPage 52, line 25, strike out all after ‘‘amended,’’

21 over to and including line 2 on page 53, and insert:

22 $206,287,000: Provided, That notwithstanding any other

23 provision of this Act, including the provisos pertaining to

24 consulting services under the heading Community Services

25 Block Grant, no department, agency, or instrumentality of
31

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1 the United States Government receiving appropriated funds

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

3 1994, obligate and expend funds for consulting services in

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

5 estimated to be obligated and expended by such department,

6 agency, or instrumentality for such services during fiscal

7 year 1994: Provided further, That notwithstanding any

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

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

10 or instrumentality for fiscal year 1994 is reduced by an

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

12 by such department, agency, or instrumentality during fis13 cal year 1994 for consulting services. As used in the preced14 ing two provisos, the term ‘‘consulting services’’ includes

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

16 described in the Office of Management and Budget Circular

17 A–11, dated August 4, 1993.

18 Ω129æPage 53, line 8, strike out ø$292,640,000¿ and

19 insert: $320,000,000

20 Ω130æPage 54, line 20, strike out ø$1,590,000¿ and in21 sert: $1,791,000

22 Ω131æPage 55, line 21, strike out ø$8,506,000¿ and in23 sert: $8,807,000
32

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1 Ω132æPage 62, strike out all after line 22 over to and

2 including line 2 on page 64

3 Ω133æPage 64, after line 2, insert:

4 SEC. 509. (a). Notwithstanding any other provision of

5 law, monthly benefit payments under part B or part C of

6 the Black Lung Benefits Act for months after December

7 1993 and before October 1994 shall be calculated as though

8 the provisions of Federal law prescribing pay rates for Fed9 eral employees continued in effect, without amendment to

10 or limitation of such provisions, after January 1993.

11 (b). Of the amounts provided under title XII of Public

12 Law 102–368, Additional Assistance to Distressed Commu13 nities, under the heading ‘‘Community Investment Pro14 gram’’, $225,000,000 are rescinded.

15 Ω134æPage 64, after line 8, insert:

16 SEC. 511. It is the sense of the Senate that the United

17 States Department of Justice should investigate whether

18 any Federal criminal civil rights laws were violated as a

19 result of (1) the murder of Yankel Rosenbaum on August

20 19, 1991, and (2) the circumstances surrounding the mur21 der and accompanying riots in Crown Heights.

22 Ω135æPage 64, after line 8, insert:
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1 TITLE VI—NONSMOKING POLICY

2 SEC. 601. SHORT TITLE.

3 This title may be cited as the ‘‘Preventing Our Kids

4 From Inhaling Deadly Smoke (PRO-KIDS) Act of 1993’’.

5 SEC. 602. FINDINGS.

6 The Congress finds that—

7 (1) environmental tobacco smoke comes from sec8 ondhand smoke exhaled by smokers and sidestream

9 smoke emitted from the burning of cigarettes, cigars,

10 and pipes;

11 (2) since citizens of the United States spend up

12 to 90 percent of a day indoors, there is a significant

13 potential for exposure to environmental tobacco smoke

14 from indoor air;

15 (3) exposure to environmental tobacco smoke oc16 curs in schools, public buildings, and other indoor fa17 cilities;

18 (4) recent scientific studies have concluded that

19 exposure to environmental tobacco smoke is a cause of

20 lung cancer in healthy nonsmokers and is responsible

21 for acute and chronic respiratory problems and other

22 health impacts in sensitive populations (including

23 children);

24 (5) the health risks posed by environmental to25 bacco smoke exceed the risks posed by many environ-
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1 mental pollutants regulated by the Environmental

2 Protection Agency; and

3 (6) according to information released by the En4 vironmental Protection Agency, environmental to5 bacco smoke results in a loss to the economy of over

6 $3,000,000,000 per year.

7 SEC. 603. DEFINITIONS.

8 As used in this title:

9 (1) ADMINISTRATOR.—The term ‘‘Adminis10 trator’’ means the Administrator of the Environ11 mental Protection Agency.

12 (2) CHILDREN.—The term ‘‘children’’ means in13 dividuals who have not attained the age of 18.

14 (3) CHILDREN’S SERVICES.—The term ‘‘chil15 dren’s services’’ means—

16 (A) direct health services that are routinely

17 provided to children and that are funded (in

18 whole or in part) by Federal funds; or

19 (B) any other direct services that are rou20 tinely provided primarily to children, including

21 educational services and that are funded (in

22 whole or in part) by Federal funds.

23 (4) FEDERAL AGENCY.—The term ‘‘Federal agen24 cy’’ means an entity in the executive, legislative or ju25 dicial branch of the Federal Government.
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1 (5) SECRETARY.—The term ‘‘Secretary’’ means

2 the Secretary of Health and Human Services.

3 SEC. 604. NONSMOKING POLICY FOR CHILDREN’S SERV4 ICES.

5 (a) ISSUANCE OF GUIDELINES.—Not later than 180

6 days after the date of enactment of this Act, the Adminis7 trator shall issue guidelines for instituting and enforcing

8 a nonsmoking policy at each indoor facility where chil9 dren’s services are provided.

10 (b) CONTENTS OF GUIDELINES.—A nonsmoking policy

11 that meets the requirements of the guidelines shall, at a

12 minimum, prohibit smoking in each portion of an indoor

13 facility where children’s services are provided that is not

14 ventilated separately (as defined by the Administrator)

15 from other portions of the facility.

16 SEC. 605. TECHNICAL ASSISTANCE.

17 The Administrator and the Secretary shall provide

18 technical assistance to persons who provide children’s serv19 ices and other persons who request technical assistance. The

20 technical assistance shall include information—

21 (1) on smoking cessation programs for employ22 ees; and

23 (2) to assist in compliance with the requirements

24 of this title.
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1 SEC. 606. FEDERALLY FUNDED PROGRAMS.

2 (a) IN GENERAL.—Notwithstanding any other provi3 sion of law, each person who provides children’s services

4 shall establish and make a good-faith effort to enforce a non5 smoking policy that meets or exceeds the requirements of

6 subsection (b).

7 (b) NONSMOKING POLICY.—

8 (1) GENERAL REQUIREMENTS.—A nonsmoking

9 policy meets the requirements of this subsection if the

10 policy—

11 (A) is consistent with the guidelines issued

12 under section 604(a);

13 (B) prohibits smoking in each portion of an

14 indoor facility used in connection with the pro15 vision of services directly to children; and

16 (C) where appropriate, requires that signs

17 stating that smoking is not permitted be posted

18 in each indoor facility to communicate the

19 policy.

20 (2) PERMISSIBLE FEATURES.—A nonsmoking

21 policy that meets the requirements of this subsection

22 may allow smoking in those portions of the facility—

23 (A) in which services are not normally pro24 vided directly to children; and
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1 (B) that are ventilated separately from

2 those portions of the facility in which services

3 are normally provided directly to children.

4 (c) WAIVER.—

5 (1) IN GENERAL.—A person described in sub6 section (a) may publicly petition the head of the Fed7 eral agency from which the person receives Federal

8 funds (including financial assistance) for a waiver

9 from any or all of the requirements of subsection (b).

10 (2) CONDITIONS FOR GRANTING A WAIVER.—Ex11 cept as provided in paragraph (3), the head of the

12 Federal agency may grant a waiver only—

13 (A) after consulting with the Administrator,

14 and receiving the concurrence of the

15 Administrator;

16 (B) after giving an opportunity for public

17 hearing (at the main office of the Federal agency

18 or at any regional office of the agency) and com19 ment; and

20 (C) if the person requesting the waiver pro21 vides assurances that are satisfactory to the head

22 of the Federal agency (with the concurrence of

23 the Administrator) that—

24 (i) unusual extenuating circumstances

25 prevent the person from establishing or en-
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1 forcing the nonsmoking policy (or a require2 ment under the policy) referred to in sub3 section (b) (including a case in which the

4 person shares space in an indoor facility

5 with another entity and cannot obtain an

6 agreement with the other entity to abide by

7 the nonsmoking policy requirement) and the

8 person will establish and make a good-faith

9 effort to enforce an alternative nonsmoking

10 policy (or alternative requirement under the

11 policy) that will protect children from expo12 sure to environmental tobacco smoke to the

13 maximum extent possible; or

14 (ii) the person requesting the waiver

15 will establish and make a good-faith effort

16 to enforce an alternative nonsmoking policy

17 (or alternative requirement under the pol18 icy) that will protect children from exposure

19 to environmental tobacco smoke to the same

20 degree as the policy (or requirement) under

21 subsection (b).

22 (3) SPECIAL WAIVER.—

23 (A) IN GENERAL.—On receipt of an appli24 cation, the head of the Federal agency may grant

25 a special waiver to a person described in sub-
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1 section (a) who employs individuals who are

2 members of a labor organization and provide

3 children’s services pursuant to a collective bar4 gaining agreement that—

5 (i) took effect before the date of enact6 ment of this Act; and

7 (ii) includes provisions relating to

8 smoking privileges that are in violation of

9 the requirements of this section.

10 (B) TERMINATION OF WAIVER.—A special

11 waiver granted under this paragraph shall ter12 minate on the earlier of—

13 (i) the first expiration date (after the

14 date of enactment of this Act) of the collec15 tive bargaining agreement containing the

16 provisions relating to smoking privileges; or

17 (ii) the date that is 1 year after the

18 date specified in subsection (f).

19 (d) CIVIL PENALTIES.—

20 (1) IN GENERAL.—(A) Any person subject to the

21 requirements of this section who fails to comply with

22 the requirements shall be liable to the United States

23 for a civil penalty in an amount not to exceed $1,000

24 for each violation, but in no case shall the amount be

25 in excess of the amount of Federal funds received by
40

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1 the person for the fiscal year in which the violation

2 occurred for the provision of children’s services.

3 (B) Each day a violation continues shall con4 stitute a separate violation.

5 (2) ASSESSMENT.—A civil penalty for a viola6 tion of this section shall be assessed by the head of the

7 Federal agency that provided Federal funds (includ8 ing financial assistance) to the person (or if the head

9 of the Federal agency does not have the authority to

10 issue an order, the appropriate official) by an order

11 made on the record after opportunity for a hearing in

12 accordance with section 554 of title 5, United States

13 Code. Before issuing the order, the head of the Federal

14 agency (or the appropriate official) shall—

15 (A) give written notice to the person to be

16 assessed a civil penalty under the order of the

17 proposal to issue the order; and

18 (B) provide the person an opportunity to

19 request, not later than 15 days after the date of

20 receipt of the notice, a hearing on the order.

21 (3) AMOUNT OF CIVIL PENALTY.—In determining

22 the amount of a civil penalty under this subsection,

23 the head of the Federal agency (or the appropriate of24 ficial) shall take into account—
41

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1 (A) the nature, circumstances, extent, and

2 gravity of the violation;

3 (B) with respect to the violator, the ability

4 to pay, the effect of the penalty on the ability to

5 continue operation, any prior history of the

6 same kind of violation, the degree of culpability,

7 and a demonstration of willingness to comply

8 with the requirements of this title; and

9 (C) such other matters as justice may

10 require.

11 (4) MODIFICATION.—The head of the Federal

12 agency (or the appropriate official) may compromise,

13 modify, or remit, with or without conditions, any

14 civil penalty that may be imposed under this sub15 section. The amount of the penalty as finally deter16 mined or agreed upon in compromise may be de17 ducted from any sums that the United States owes to

18 the person against whom the penalty is assessed.

19 (5) PETITION FOR REVIEW.—A person who has

20 requested a hearing concerning the assessment of a

21 penalty pursuant to paragraph (2) and is aggrieved

22 by an order assessing a civil penalty may file a peti23 tion for judicial review of the order with the United

24 States Court of Appeals for the District of Columbia

25 Circuit or for any other circuit in which the person
42

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1 resides or transacts business. The petition may only

2 be filed during the 30-day period beginning on the

3 date of issuance of the order making the assessment.

4 (6) FAILURE TO PAY.—If a person fails to pay

5 an assessment of a civil penalty—

6 (A) after the order making the assessment

7 has become a final order and without filing a pe8 tition for judicial review in accordance with

9 paragraph (5); or

10 (B) after a court has entered a final judg11 ment in favor of the head of the Federal agency

12 (or appropriate official),

13 the Attorney General shall recover the amount as14 sessed (plus interest at currently prevailing rates

15 from the last day of the 30-day period referred to in

16 paragraph (5) or the date of the final judgment, as

17 the case may be) in an action brought in an appro18 priate district court of the United States. In the ac19 tion, the validity, amount, and appropriateness of the

20 penalty shall not be subject to review.

21 (e) EXEMPTION.—This section shall not apply to a

22 person who provides children’s services who—

23 (1) has attained the age of 18;

24 (2) provides children’s services—

25 (A) in a private residence; and
43

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1 (B) only to children who are, by affinity or

2 consanguinity, or by court decree, a grandchild,

3 niece, or nephew of the provider; and

4 (3) is registered and complies with any State re5 quirements that govern the children’s services pro6 vided.

7 (f) EFFECTIVE DATE.—This section shall take effect on

8 the first day of the first fiscal year beginning after the date

9 of enactment of this Act.

10 SEC. 607. REPORT BY THE ADMINISTRATOR.

11 Not later than 2 years after the date of enactment of

12 this Act, the Administrator shall submit a report to the

13 Congress that includes—

14 (1) information concerning the degree of compli15 ance with this title; and

16 (2) an assessment of the legal status of smoking

17 in public places.

18 SEC. 608. PREEMPTION.

19 Nothing in this title is intended to preempt any provi20 sion of law of a State or political subdivision of a State

21 that is more restrictive than a provision of this title.

Attest:

Secretary.
44

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