H. R. 4602—29
be used to enter into a contract for end use consumption surveys
for a term not to exceed eight years.
ADMINISTRATIVE PROVISIONS, DEPARTMENT OF ENERGY
Appropriations under this Act for the current fiscal year shall
be available for hire of passenger motor vehicles; hire, maintenance,
and operation of aircraft; purchase, repair, and cleaning of uniforms;
and reimbursement to the General Services Administration for secu-
rity guard services.
From appropriations under this Act, transfers of sums may
be made to other agencies of the Government for the performance
of work for which the appropriation is made.
None of the funds made available to the Department of Energy
under this Act shall be used to implement or finance authorized
price support or loan guarantee programs unless specific provision
is made for such programs in an appropriations Act.
The Secretary is authorized to accept lands, buildings, equip-
ment, and other contributions from public and private sources and
to prosecute projects in cooperation with other agencies, Federal,
State, private, or foreign: Provided, That revenues and other moneys
received by or for the account of the Department of Energy or
otherwise generated by sale of products in connection with projects
of the Department appropriated under this Act may be retained
by the Secretary of Energy, to be available until expended, and
used only for plant construction, operation, costs, and payments
to cost-sharing entities as provided in appropriate cost-sharing con-
tracts or agreements: Provided further, That the remainder of reve-
nues after the making of such payments shall be covered into
the Treasury as miscellaneous receipts: Provided further, That any
contract, agreement, or provision thereof entered into by the Sec-
retary pursuant to this authority shall not be executed prior to
the expiration of 30 calendar days (not including any day in which
either House of Congress is not in session because of adjournment
of more than three calendar days to a day certain) from the receipt
by the Speaker of the House of Representatives and the President
of the Senate of a full comprehensive report on such project, includ-
ing the facts and circumstances relied upon in support of the
proposed project.
The Secretary of Energy may transfer to the Emergency
Preparedness appropriation such funds as are necessary to meet
any unforeseen emergency needs from any funds available to the
Department of Energy from this Act.
No funds provided in this Act may be expended by the Depart-
ment of Energy to prepare, issue, or process procurement documents
for programs or projects for which appropriations have not been
made.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
INDIAN HEALTH SERVICE
INDIAN HEALTH SERVICES
For expenses necessary to carry out the Act of August 5, 1954
(68 Stat. 674), the Indian Self-Determination Act, the Indian Health
Care Improvement Act, and titles III and XXVII and section 208
of the Public Health Service Act with respect to the Indian Health
H. R. 4602—30
Service, $1,713,052,000, together with payments received during
the fiscal year pursuant to 42 U.S.C. 300aaa–2 for services fur-
nished by the Indian Health Service: Provided, That funds made
available to tribes and tribal organizations through contracts, grant
agreements, or any other agreements or compacts authorized by
the Indian Self-Determination and Education Assistance Act of
1975 (88 Stat. 2203; 25 U.S.C. 450), shall be deemed to be obligated
at the time of the grant or contract award and thereafter shall
remain available to the tribe or tribal organization without fiscal
year limitation: Provided further, That $12,000,000 shall remain
available until expended, for the Indian Catastrophic Health Emer-
gency Fund: Provided further, That $351,258,000 for contract medi-
cal care shall remain available for obligation until September 30,
1996: Provided further, That of the funds provided, not less than
$11,603,000 shall be used to carry out the loan repayment program
under section 108 of the Indian Health Care Improvement Act,
as amended: Provided further, That funds provided in this Act
may be used for one-year contracts and grants which are to be
performed in two fiscal years, so long as the total obligation is
recorded in the year for which the funds are appropriated: Provided
further, That the amounts collected by the Secretary of Health
and Human Services under the authority of title IV of the Indian
Health Care Improvement Act shall be available for two fiscal
years after the fiscal year in which they were collected, for the
purpose of achieving compliance with the applicable conditions and
requirements of titles XVIII and XIX of the Social Security Act
(exclusive of planning, design, or construction of new facilities):
Provided further, That of the funds provided, $7,500,000 shall
remain available until expended, for the Indian Self-Determination
Fund, which shall be available for the transitional costs of initial
or expanded tribal contracts, grants or cooperative agreements with
the Indian Health Service under the provisions of the Indian Self-
Determination Act: Provided further, That funding contained herein,
and in any earlier appropriations Acts for scholarship programs
under the Indian Health Care Improvement Act (25 U.S.C. 1613)
shall remain available for obligation until September 30, 1996:
Provided further, That amounts received by tribes and tribal
organizations under title IV of the Indian Health Care Improvement
Act, as amended, shall be reported and accounted for and available
to the receiving tribes and tribal organizations until expended.
INDIAN HEALTH FACILITIES
For construction, repair, maintenance, improvement, and equip-
ment of health and related auxiliary facilities, including quarters
for personnel; preparation of plans, specifications, and drawings;
acquisition of sites, purchase and erection of modular buildings,
and purchases of trailers; and for provision of domestic and commu-
nity sanitation facilities for Indians, as authorized by section 7
of the Act of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-
Determination Act and the Indian Health Care Improvement Act,
and for expenses necessary to carry out the Act of August 5,
1954 (68 Stat. 674), the Indian Self-Determination Act, the Indian
Health Care Improvement Act, and titles III and XXVII and section
208 of the Public Health Service Act with respect to environmental
health and facilities support activities of the Indian Health Service,
$253,767,000, to remain available until expended: Provided, That
H. R. 4602—31
notwithstanding any other provision of law, funds appropriated
for the planning, design, construction or renovation of health facili-
ties for the benefit of an Indian tribe or tribes may be used to
purchase land for sites to construct, improve, or enlarge health
or related facilities: Provided further, That notwithstanding any
other provision of law a single procurement for the construction
of the Fort Belknap, Montana health center and satellite clinic
and a single procurement for construction of the White Earth,
Minnesota health center may be issued which includes the full
scope of the project: Provided further, That the solicitation and
the contract shall contain the clause ‘‘availability of funds’’ found
at 48 CFR 52.232.18.
ADMINISTRATIVE PROVISIONS, INDIAN HEALTH SERVICE
Appropriations in this Act to the Indian Health Service shall
be available for services as authorized by 5 U.S.C. 3109 but at
rates not to exceed the per diem rate equivalent to the maximum
rate payable for senior-level positions under 5 U.S.C. 5376; hire
of passenger motor vehicles and aircraft; purchase of medical equip-
ment; purchase of reprints; purchase, renovation and erection of
modular buildings and renovation of existing facilities; payments
for telephone service in private residences in the field, when author-
ized under regulations approved by the Secretary; and for uniforms
or allowances therefor as authorized by law (5 U.S.C. 5901–5902);
and for expenses of attendance at meetings which are concerned
with the functions or activities for which the appropriation is made
or which will contribute to improved conduct, supervision, or
management of those functions or activities: Provided, That in
accordance with the provisions of the Indian Health Care Improve-
ment Act, non-Indian patients may be extended health care at
all tribally administered or Indian Health Service facilities, subject
to charges, and the proceeds along with funds recovered under
the Federal Medical Care Recovery Act (42 U.S.C. 2651–53) shall
be credited to the account of the facility providing the service
and shall be available without fiscal year limitation: Provided fur-
ther, That notwithstanding any other law or regulation, funds trans-
ferred from the Department of Housing and Urban Development
to the Indian Health Service shall be administered under Public
Law 86–121 (the Indian Sanitation Facilities Act) and Public Law
93–638, as amended: Provided further, That funds appropriated
to the Indian Health Service in this Act, except those used for
administrative and program direction purposes, shall not be subject
to limitations directed at curtailing Federal travel and transpor-
tation: Provided further, That the Indian Health Service shall nei-
ther bill nor charge those Indians who may have the economic
means to pay unless and until such time as Congress has agreed
upon a specific policy to do so and has directed the Indian Health
Service to implement such a policy: Provided further, That, notwith-
standing any other provision of law, funds previously or herein
made available to a tribe or tribal organization through a contract,
grant or agreement authorized by title I of the Indian Self-Deter-
mination and Education Assistance Act of 1975 (88 Stat. 2203;
25 U.S.C. 450), may be deobligated and reobligated to a self-govern-
ance funding agreement under title III of the Indian Self-Determina-
tion and Education Assistance Act of 1975 and thereafter shall
remain available to the tribe or tribal organization without fiscal
H. R. 4602—32
year limitation: Provided further, That none of the funds made
available to the Indian Health Service in this Act shall be used
to implement the final rule published in the Federal Register on
September 16, 1987, by the Department of Health and Human
Services, relating to eligibility for the health care services of the
Indian Health Service until the Indian Health Service has submit-
ted a budget request reflecting the increased costs associated with
the proposed final rule, and such request has been included in
an appropriations Act and enacted into law: Provided further, That
funds made available in this Act are to be apportioned to the
Indian Health Service as appropriated in this Act, and accounted
for in the appropriation structure set forth in this Act: Provided
further, That the appropriation structure for the Indian Health
Service may not be altered without the advance approval of the
House and Senate Committees on Appropriations: Provided further,
That in fiscal year 1995 and thereafter (a) the Secretary may
enter into personal services contracts with entities, either individ-
uals or organizations, for the provision of services in facilities
owned, operated or constructed under the jurisdiction of the Indian
Health Service; (b) the Secretary may exempt such a contract from
competitive contracting requirements upon adequate notice of
contracting opportunities to individuals and organizations residing
in the geographic vicinity of the health facility; (c) consideration
of individuals and organizations shall be based solely on the quali-
fications established for the contract and the proposed contract
price; and (d) individuals providing health care services pursuant
to these contracts are covered by the Federal Tort Claims Act:
Provided further, That notwithstanding any other provision of law,
the Indian Health Service clinic in Stilwell, Oklahoma shall be
known and designated as the ‘‘Wilma P. Mankiller Indian Health
Clinic’’: Provided further, That any reference in a law, regulation,
document, record, map, or other paper of the United States to
the clinic referenced in the preceding proviso shall be deemed
to be a reference to the ‘‘Wilma P. Mankiller Indian Health Clinic’’:
Provided further, That funds appropriated in fiscal year 1994 to
increase the level of need funded for the Ponca Tribe of Nebraska
may be used to purchase land with an existing improvement to
be used as a tribally owned health care facility: Provided further,
That the Secretary, acting through the Indian Health Service, may
contract with the Southcentral Foundation for the operation of
the Dena A Coy substance abuse treatment program in Anchorage,
Alaska under the authority of Public Law 93–638, the Indian Self-
Determination Act, 25 U.S.C. 450: Provided further, That money
heretofore and hereafter collected for meals served at Indian Health
Service facilities will be credited to the appropriations from which
the services were furnished and shall be credited to the appropria-
tion when received.
DEPARTMENT OF EDUCATION
OFFICE OF ELEMENTARY AND SECONDARY EDUCATION
INDIAN EDUCATION
For necessary expenses to carry out, to the extent not otherwise
provided, title VI of the Elementary and Secondary Education Act
of 1965, as amended, including, to the extent determined necessary
by the Secretary, continuing projects begun under the Indian Edu-