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funds as authorized by section 201(g)(1) of the Social
Security Act.
OFFICE OF INSPECTOR GENERAL
For expenses necessary for the Office of Inspector
General in carrying out the provisions of the Inspector
General Act of 1978, as amended, $4,816,000, together
with not to exceed $21,076,000, to be transferred and ex-
pended as authorized by section 201(g)(1) of the Social
Security Act from the Federal Old-Age and Survivors In-
surance Trust Fund and the Federal Disability Insurance
Trust Fund.
RAILROAD RETIREMENT BOARD
DUAL BENEFITS PAYMENTS ACCOUNT
For payment to the Dual Benefits Payments Ac-
count, authorized under section 15(d) of the Railroad Re-
tirement Act of 1974, $239,000,000, which shall include
amounts becoming available in fiscal year 1996 pursuant
to section 224(c)(1)(B) of Public Law 98–76; and in addi-
tion, an amount, not to exceed 2 percent of the amount
provided herein, shall be available proportional to the
amount by which the product of recipients and the average
benefit received exceeds $239,000,000: Provided, That the
total amount provided herein shall be credited in 12 ap-
proximately equal amounts on the first day of each month
in the fiscal year.
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FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT
ACCOUNTS
For payment to the accounts established in the
Treasury for the payment of benefits under the Railroad
Retirement Act for interest earned on unnegotiated
checks, $300,000, to remain available through September
30, 1997, which shall be the maximum amount available
for payment pursuant to section 417 of Public Law
98–76.
LIMITATION ON ADMINISTRATION
For necessary expenses for the Railroad Retirement
Board in administering the Railroad Retirement Act and
the Railroad Unemployment Insurance Act, $90,912,000,
to be derived as authorized by section 15(h) of the Rail-
road Retirement Act and section 10(a) of the Railroad
Unemployment Insurance Act, from the accounts referred
to in those sections.
SPECIAL MANAGEMENT IMPROVEMENT FUND
To effect management improvements, including the
reduction of backlogs, accuracy of taxation accounting,
and debt collection, $659,000, to be derived from the rail-
road retirement accounts and railroad unemployment in-
surance account: Provided, That these funds shall supple-
ment, not supplant, existing resources devoted to such op-
erations and improvements.
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LIMITATION ON THE OFFICE OF INSPECTOR GENERAL
For expenses necessary for the Office of Inspector
General for audit, investigatory and review activities, as
authorized by the Inspector General Act of 1978, as
amended, not more than $5,100,000, to be derived from
the railroad retirement accounts and railroad unemploy-
ment insurance account.
UNITED STATES INSTITUTE OF PEACE
OPERATING EXPENSES
For necessary expenses of the United States Institute
of Peace as authorized in the United States Institute of
Peace Act, $6,500,000.
TITLE V—GENERAL PROVISIONS
SEC. 501. The Secretaries of Labor, Health and
Human Services, and Education are authorized to transfer
unexpended balances of prior appropriations to accounts
corresponding to current appropriations provided in this
Act: Provided, That such transferred balances are used for
the same purpose, and for the same periods of time, for
which they were originally appropriated.
SEC. 502. No part of any appropriation contained in
this Act shall remain available for obligation beyond the
current fiscal year unless expressly so provided herein.
SEC. 503. (a) No part of any appropriation contained
in this Act shall be used, other than for normal and recog-
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nized executive-legislative relationships, for publicity or
propaganda purposes, for the preparation, distribution, or
use of any kit, pamphlet, booklet, publication, radio, tele-
vision, or film presentation designed to support or defeat
legislation pending before the Congress, except in presen-
tation to the Congress itself.
(b) No part of any appropriation contained in this
Act shall be used to pay the salary or expenses of any
grant or contract recipient, or agent acting for such recipi-
ent, related to any activity designed to influence legislation
or appropriations pending before the Congress.
SEC. 504. The Secretaries of Labor and Education
are each authorized to make available not to exceed
$15,000 from funds available for salaries and expenses
under titles I and III, respectively, for official reception
and representation expenses; the Director of the Federal
Mediation and Conciliation Service is authorized to make
available for official reception and representation expenses
not to exceed $2,500 from the funds available for ‘‘Sala-
ries and expenses, Federal Mediation and Conciliation
Service’’; and the Chairman of the National Mediation
Board is authorized to make available for official reception
and representation expenses not to exceed $2,500 from
funds available for ‘‘Salaries and expenses, National Medi-
ation Board’’.
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SEC. 505. Notwithstanding any other provision of
this Act, no funds appropriated under this Act shall be
used to carry out any program of distributing sterile nee-
dles for the hypodermic injection of any illegal drug unless
the Secretary of Health and Human Services determines
that such programs are effective in preventing the spread
of HIV and do not encourage the use of illegal drugs.
SEC. 506. (a) PURCHASE
OF
AMERICAN-MADE
EQUIPMENT AND PRODUCTS.—It is the sense of the Con-
gress that, to the greatest extent practicable, all equip-
ment and products purchased with funds made available
in this Act should be American-made.
(b) NOTICE REQUIREMENT.—In providing financial
assistance to, or entering into any contract with, any en-
tity using funds made available in this Act, the head of
each Federal agency, to the greatest extent practicable,
shall provide to such entity a notice describing the state-
ment made in subsection (a) by the Congress.
SEC. 507. When issuing statements, press releases,
requests for proposals, bid solicitations and other docu-
ments describing projects or programs funded in whole or
in part with Federal money, all grantees receiving Federal
funds, including but not limited to State and local govern-
ments and recipients of Federal research grants, shall
clearly state (1) the percentage of the total costs of the
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program or project which will be financed with Federal
money, (2) the dollar amount of Federal funds for the
project or program, and (3) percentage and dollar amount
of the total costs of the project or program that will be
financed by nongovernmental sources.
SEC. 508. None of the funds appropriated under this
Act shall be expended for any abortion except when it is
made known to the Federal entity or official to which
funds are appropriated under this Act that such procedure
is necessary to save the life of the mother or that the preg-
nancy is the result of an act of rape or incest.
SEC. 509. Effective October 1, 1993, and applicable
thereafter, and notwithstanding any other law, each State
is and remains free not to fund abortions to the extent
that the State in its sole discretion deems appropriate, ex-
cept where the life of the mother would be endangered if
the fetus were carried to term.
SEC. 510. Notwithstanding any other provision of
law—
(1) no amount may be transferred from an ap-
propriation account for the Departments of Labor,
Health and Human Services, and Education except
as authorized in this or any subsequent appropria-
tion act, or in the Act establishing the program or
activity for which funds are contained in this Act;
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(2) no department, agency, or other entity,
other than the one responsible for administering the
program or activity for which an appropriation is
made in this Act, may exercise authority for the tim-
ing of the obligation and expenditure of such appro-
priation, or for the purposes for which it is obligated
and expended, except to the extent and in the man-
ner otherwise provided in sections 1512 and 1513 of
title 31, United States Code; and
(3) no funds provided under this Act shall be
available for the salary (or any part thereof) of an
employee who is reassigned on a temporary detail
basis to another position in the employing agency or
department or in any other agency or department,
unless the detail is independently approved by the
head of the employing department or agency.
SEC. 511. None of the funds made available in this
Act may be used for—
(1) the creation of a human embryo or embryos
for research purposes; or
(2) research in which a human embryo or em-
bryos are destroyed, discarded, or knowingly sub-
jected to risk of injury or death greater than that
allowed for research on fetuses in utero under 45
CFR 46.208(a)(2) and 42 U.S.C. 289g(b).
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For purposes of this section, the phrase ‘‘human embryo
or embryos’’ shall include any organism, not protected as
a human subject under 45 CFR 46 as of the date of enact-
ment of this Act, that is derived by fertilization, par-
thenogenesis, cloning, or any other means from one or
more human gametes.
SEC. 512. None of the funds made available in this
Act may be used to carry out any Federal program, or
to provide financial assistance to any State, when it is
made known to the Federal official having authority to
obligate or expend such funds that—
(1) such Federal program or State subject any
health care entity to discrimination on the basis
that—
(A) the entity refuses to undergo training
in the performance of induced abortions, to pro-
vide such training, to perform such abortions,
or to provide referrals for such abortions;
(B) the entity refuses to make arrange-
ments for any of the activities specified in sub-
paragraph (A); or
(C) the entity attends (or attended) a post-
graduate physician training program, or any
other program of training in the health profes-
sions, that does not (or did not) require or pro-
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vide training in the performance of induced
abortions, or make arrangements for the provi-
sion of such training; or
(2) in granting a legal status to a health care
entity (including a license or certificate), or in pro-
viding to the entity financial assistance, a service, or
another benefit, such Federal program or State re-
quire that the entity be an accredited postgraduate
physician training program, or that the entity have
completed or be attending such a program, if the ap-
plicable standards for accreditation of the program
include the standard that the program must require
or provide training in the performance of induced
abortions, or make arrangements for the provision of
such training.
SEC. 513. (a) CONGRESSIONAL FINDINGS REGARD-
ING APPROPRIATE MINIMUM LENGTH OF STAY FOR ROU-
TINE DELIVERIES.—The Congress finds that—
(1) the Guidelines for Perinatal Care of the
American Academy of Pediatrics and the American
College of Obstetricians and Gynecologists rec-
ommend, when no complications are present, a
postpartum hospital stay of 48 hours for vaginal de-
livery and 96 hours for caesarean birth, excluding
the day of delivery;
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(2) the American College of Obstetricians and
Gynecologists reports that it has become common for
insurers to limit length of stay to up to 24 hours fol-
lowing vaginal delivery and up to 72 hours following
caesarean delivery, and the American College of Ob-
stetricians and Gynecologists has received reports of
insurers proposing limits of 12 hours, and in some
cases 6 hours, for routine deliveries;
(3) the American Medical Association recently
expressed concern about the trend toward increas-
ingly brief perinatal hospital stays as routine prac-
tice in the absence of adequate data to demonstrate
the practice is safe;
(4) the American College of Obstetricians and
Gynecologists has stated that the trend toward ear-
lier discharge is ‘‘equivalent to a large, uncontrolled,
uninformed experiment that may potentially affect
the health of American women and their babies’’;
(5) a recent study by Dartmouth-Hitchcock
Medical Center found that within an infant’s first
two weeks of life there is a 50 percent increased risk
of readmission and 70 percent increased risk of
emergency room visits if the infant is discharged at
less than two days of age;
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(6) studies have shown that early release of in-
fants can result in jaundice, feeding problems, res-
piratory difficulties, and infections of the cord, ears,
and eyes;
(7) the American Medical Association has urged
hospitals and insurance companies, in the absence of
empirical data, to allow the perinatal discharge of
mothers and infants to be determined by the clinical
judgment of attending physicians not by economic
considerations; and
(8) the American Medical Association rec-
ommends that the decision regarding perinatal dis-
charge should be made based on the criteria of medi-
cal stability, delivery of adequate predischarge edu-
cation, need for neonatal screening, and determina-
tion that adequate feeding is occurring and with
consideration of the mother’s social and emotional
needs and preferences.
(b) SENSE OF THE CONGRESS.—It is, therefore, the
sense of Congress that—
(1) the Maternal and Child Health Bureau
should promptly collaborate with other concerned
national organizations to encourage well-designed
studies, separating economic concerns from concerns
about the health and well-being of mothers and chil-
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dren, to identify safe neonatal practices with regard
to the hospital discharge of mothers and infants and
establish appropriate medical care procedures during
the perinatal period;
(2) decisions on how long mothers and
newborns should stay in the hospital after delivery
and before discharge should be made by doctors and
patients together based on the medical and health
care needs of the mother and newborn and not by
hospitals, health insurers, health services organiza-
tions, and health benefit plans based primarily on
economic considerations; and
(3) until further empirical data are collected so
as to indicate a need for change in current Guide-
lines, hospitals, health insurers, health services orga-
nizations, and health benefit plans should abide by
the current Guidelines for Perinatal Care of the
American Academy of Pediatrics and the American
College of Obstetricians and Gynecologists, that
state that the general time for discharge for mother
and baby should be at least 48 hours following un-
complicated vaginal delivery and at least 96 hours
following uncomplicated caesarian birth and that
permit early discharge if specified criteria are met.
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TITLE VI—POLITICAL ADVOCACY
PROHIBITION ON THE USE OF FEDERAL FUNDS FOR
POLITICAL ADVOCACY
SEC. 601. (a) LIMITATIONS.—Notwithstanding any
other provision of law, the following limitations apply to
any grant which is made from funds appropriated under
this or any other Act or controlled under any congressional
authorization until Congress provides specific exceptions
in subsequent Acts:
(1) No grantee may use funds from any grant
to engage in political advocacy.
(2) No grant applicant may receive any grant
if its expenditures for political advocacy for any one
of the previous five Federal fiscal years exceeded its
prohibited political advocacy threshold (but no Fed-
eral fiscal year before 1996 shall be considered). For
purposes of this title, the prohibited political advo-
cacy threshold for a given Federal fiscal year is to
be determined by the following formula:
(A) calculate the difference between the
grant applicant’s total expenditures made in a
given Federal fiscal year and the total grants it
received in that Federal fiscal year;
(B) for the first $20,000,000 of the dif-
ference calculated in (A), multiply by .05;
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(C) for the remainder of the difference cal-
culated in (A), multiply by .01;
(D) the sum of the products described in
(B) and (C) equals the prohibited political ad-
vocacy threshold.
(3) During any one Federal fiscal year in which
a grantee has possession, custody or control of grant
funds, the grantee shall not use any funds (whether
derived from grants or otherwise) to engage in polit-
ical advocacy in excess of its prohibited political ad-
vocacy threshold for the prior Federal fiscal year.
(4) No grantee may use funds from any grant
to purchase or secure any goods or services (includ-
ing dues and membership fees) from any other indi-
vidual, entity, or organization whose expenditures
for political advocacy for the previous Federal fiscal
year exceeded 15 percent of its total expenditures
for that Federal fiscal year.
(5) No grantee may use funds from any grant
for any purpose (including but not limited to extend-
ing subsequent grants to any other individual, en-
tity, or organization) other than to purchase or se-
cure goods or services, except as specifically per-
mitted by Congress in the law authorizing the grant.
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(6) Any individual, entity, or organization that
awards or administers a grant shall take reasonable
steps to ensure that the grantee complies with the
requirements of this title. Reasonable steps to en-
sure compliance shall include written notice to a
grantee that it is receiving a grant, and that the
provisions of this title apply to the grantee.
(b) ENFORCEMENT.—The following enforcement pro-
visions apply with respect to the limitations imposed under
subsection (a):
(1) Each grantee shall be subject to audit from
time to time as follows:
(A) Audits may be requested and con-
ducted by the General Accounting Office or
other auditing entity authorized by Congress,
including the inspector general of the Federal
entity awarding or administering the grant.
(B) Grantees shall follow generally accept-
ed accounting principles in keeping books and
records relating to each grant and no Federal
entity may impose more burdensome accounting
requirements for purposes of enforcing this
title.
(C) A grantee that engages in political ad-
vocacy shall have the burden of proving, by
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clear and convincing evidence, that it is in com-
pliance with the limitations of this section.
(2) Violations by a grantee of the limitations
contained in subsection (a) may be enforced and the
grant may be recovered in the same manner and to
the same extent as a false or fraudulent claim for
payment or approval made to the Federal Govern-
ment pursuant to sections 3729 through 3812 of
title 31, United States Code.
(3) Any officer or employee of the Federal Gov-
ernment who awards or administers funds from any
grant to a grantee who is not in compliance with
this section shall—
(A) for knowing or negligent noncompli-
ance with this section, be subjected to appro-
priate administrative discipline, including, when
circumstances warrant, suspension from duty
without pay or removal from office; and
(B) for knowing noncompliance with this
section, pay a civil penalty of not more than
$5,000 for each improper disbursement of
funds.
(c) DEFINITIONS.—For purposes of this title:
(1) POLITICAL ADVOCACY.—The term ‘‘political
advocacy’’ includes—
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(A) carrying on propaganda, or otherwise
attempting to influence legislation or agency ac-
tion, including, but not limited to monetary or
in-kind contributions, endorsements, publicity,
or similar activity;
(B) participating or intervening in (includ-
ing the publishing or distributing of statements)
any political campaign on behalf of (or in oppo-
sition to) any candidate for public office, includ-
ing but not limited to monetary or in-kind con-
tributions, endorsements, publicity, or similar
activity;
(C) participating in any judicial litigation
or agency proceeding (including as an amicus
curiae) in which agents or instrumentalities of
Federal, State, or local governments are par-
ties, other than litigation in which the grantee
or grant applicant: is a defendant appearing in
its own behalf; is defending its tax-exempt sta-
tus; or is challenging a government decision or
action directed specifically at the powers, rights,
or duties of that grantee or grant applicant;
and
(D) allocating, disbursing, or contributing
any funds or in-kind support to any individual,
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entity or organization whose expenditures for
political advocacy for the previous Federal fiscal
year exceeded 15 percent of its total expendi-
tures for that Federal fiscal year.
(2) INFLUENCE LEGISLATION OR AGENCY AC-
TION.—
(A) GENERAL RULE.—Except as otherwise
provided in subparagraph (B), the term ‘‘influ-
ence legislation or agency action’’ includes—
(i) any attempt to influence any legis-
lation or agency action through an attempt
to affect the opinions of the general public
or any segment thereof, and
(ii) any attempt to influence any legis-
lation or agency action through commu-
nication with any member or employee of
a legislative body or agency, or with any
government official or employee who may
participate in the formulation of the legis-
lation or agency action.
(B) EXCEPTIONS.—The term ‘‘influence
legislation or agency action’’ does not include—
(i) making available the results of
nonpartisan analysis, study, research, or
debate;