H. R. 4606
One Hundred Third Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twenty-fifth day of January, one thousand nine hundred and ninety-four
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,
1995, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That the
following sums are appropriated, out of any money in the Treasury
not otherwise appropriated, for the Departments of Labor, Health
and Human Services, and Education, and related agencies for the
fiscal year ending September 30, 1995, and for other purposes,
namely:
TITLE I—DEPARTMENT OF LABOR
EMPLOYMENT AND TRAINING ADMINISTRATION
PROGRAM ADMINISTRATION
For expenses of administering employment and training pro-
grams and for carrying out section 908 of the Social Security Act,
$90,276,000, together with not to exceed $45,073,000, which may
be expended from the Employment Security Administration account
in the Unemployment Trust Fund.
TRAINING AND EMPLOYMENT SERVICES
(INCLUDING RESCISSION)
For expenses necessary to carry into effect the Job Training
Partnership Act, as amended, including the purchase and hire
of passenger motor vehicles, the construction, alteration, and repair
of buildings and other facilities, and the purchase of real property
for training centers as authorized by the Job Training Partnership
Act; title II of the Civil Rights Act of 1991; title XV, part A
of Public Law 102–325; title VII, subtitle C of the Stewart B.
McKinney Homeless Assistance Act; the Women in Apprenticeship
and Nontraditional Occupations Act; Goals 2000: Educate America
Act; and the School-to-Work Opportunities Act; $5,505,885,000 plus
reimbursements, of which $5,181,250,000 is available for obligation
for the period July 1, 1995 through June 30, 1996; of which
$142,029,000 is available for the period July 1, 1995 through June
30, 1998 for necessary expenses of construction, rehabilitation, and
acquisition of Job Corps centers, including $46,404,000 for new
centers; and of which $125,000,000 shall be available for obligation
from July 1, 1995 through September 30, 1996, for carrying out
activities of the School-to-Work Opportunities Act: Provided, That
$64,080,000 shall be for carrying out section 401 of the Job Training
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Partnership Act, $85,710,000 shall be for carrying out section 402
of such Act, $8,880,000 shall be for carrying out section 441 of
such Act, $2,223,000 shall be for the National Commission for
Employment Policy, $6,000,000 shall be for all activities conducted
by and through the National Occupational Information Coordinating
Committee under such Act, $3,861,000 shall be for service delivery
areas under section 101(a)(4)(A)(iii) of such Act in addition to
amounts otherwise provided under sections 202, 252 and 262 of
the Act, $1,054,813,000 shall be for carrying out title II, part
A of such Act, and $598,682,000 shall be for carrying out title
II, part C of such Act: Provided further, That no funds from any
other appropriation shall be used to provide meal services at or
for Job Corps centers: Provided further, That funds used from
this Act to carry out title III of the Job Training Partnership
Act shall not be subject to the limitation contained in subsection
(b) of section 315 of such Act; that the waiver allowing a reduction
in the cost limitation relating to retraining services described in
subsection (a)(2) of such section 315 may be granted with respect
to funds used from this Act if a substate grantee demonstrates
to the Governor that such waiver is appropriate due to the availabil-
ity of low-cost retraining services, is necessary to facilitate the
provision of needs-related payments to accompany long-term train-
ing, or is necessary to facilitate the provision of appropriate basic
readjustment services; and that funds used from this Act to carry
out the Secretary’s discretionary grants under part B of such title
III may be used to provide needs-related payments to participants
who, in lieu of meeting the requirements relating to enrollment
in training under section 314(e) of such Act, are enrolled in training
by the end of the sixth week after grant funds have been awarded.
Of the amounts made available in fiscal year 1994 under the
Job Training Partnership Act, title II–C, $50,000,000 are hereby
rescinded.
COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS
To carry out the activities for national grants or contracts
with public agencies and public or private nonprofit organizations
under paragraph (1)(A) of section 506(a) of title V of the Older
Americans Act of 1965, as amended, $320,190,000.
To carry out the activities for grants to States under paragraph
(3) of section 506(a) of title V of the Older Americans Act of
1965, as amended, $90,310,000.
FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES
For payments during the current fiscal year of benefits and
payments as authorized by title II of Public Law 95–250, as
amended, and of trade adjustment benefit payments and allowances
under part I, and for training, for allowances for job search and
relocation, and for related State administrative expenses under
part II, subchapters B and D, chapter 2, title II of the Trade
Act of 1974, as amended, $274,400,000 together with such amounts
as may be necessary to be charged to the subsequent appropriation
for payments for any period subsequent to September 15 of the
current year.
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STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT SERVICE
OPERATIONS
For activities authorized by the Act of June 6, 1933, as amended
(29 U.S.C. 49–49l–1; 39 U.S.C. 3202(a)(1)(E)); title III of the Social
Security Act, as amended (42 U.S.C. 502–504); necessary adminis-
trative expenses for carrying out 5 U.S.C. 8501–8523, and sections
225, 231–235, 243–244, and 250(d)(1), 250(d)(3), title II of the
Trade Act of 1974, as amended; as authorized by section 7c of
the Act of June 6, 1933, as amended, necessary administrative
expenses under sections 101(a)(15)(H), 212(a)(5)(A), (m) (2) and
(3), (n)(1), and 218(g) (1), (2), and (3), and 258(c) of the Immigration
and Nationality Act, as amended (8 U.S.C. 1101 et seq.); necessary
administrative expenses to carry out the Targeted Jobs Tax Credit
Program under section 51 of the Internal Revenue Code of 1986,
and section 221(a) of the Immigration Act of 1990, $147,188,000,
together with not to exceed $3,269,097,000 (including not to exceed
$1,653,000 which may be used for amortization payments to States
which had independent retirement plans in their State employment
service agencies prior to 1980, and including not to exceed
$1,000,000 which may be obligated in contracts with non-State
entities for activities such as occupational and test research activi-
ties which benefit the Federal-State Employment Service System),
which may be expended from the Employment Security Administra-
tion account in the Unemployment Trust Fund, and of which the
sums available in the allocation for activities authorized by title
III of the Social Security Act, as amended (42 U.S.C. 502–504),
and the sums available in the allocation for necessary administra-
tive expenses for carrying out 5 U.S.C. 8501–8523, shall be available
for obligation by the States through December 31, 1995, except
that funds used for automation acquisitions shall be available for
obligation by States through September 30, 1997; and of which
$145,254,000 together with not to exceed $820,658,000 of the
amount which may be expended from said trust fund shall be
available for obligation for the period July 1, 1995, through June
30, 1996, to fund activities under the Act of June 6, 1933, as
amended, including the cost of penalty mail made available to
States in lieu of allotments for such purpose, and of which
$223,837,000 shall be available only to the extent necessary for
additional State allocations to administer unemployment compensa-
tion laws to finance increases in the number of unemployment
insurance claims filed and claims paid or changes in a State law:
Provided, That to the extent that the Average Weekly Insured
Unemployment (AWIU) for fiscal year 1995 is projected by the
Department of Labor to exceed 2.772 million, an additional
$30,000,000 shall be available for obligation for every 100,000
increase in the AWIU level (including a pro rata amount for any
increment less than 100,000) from the Employment Security
Administration Account of the Unemployment Trust Fund: Provided
further, That funds appropriated in this Act and in Public Law
103–112 which are used to establish a national one-stop career
center network may be obligated in contracts, grants or agreements
with non-State entities: Provided further, That funds appropriated
under this Act for activities authorized under the Wagner-Peyser
Act, as amended, and title III of the Social Security Act, may
be used by the States to fund integrated Employment Service and
Unemployment Insurance automation efforts, notwithstanding cost
H. R. 4606—4
allocation principles prescribed under Office of Management and
Budget Circular A–87.
ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND OTHER FUNDS
For repayable advances to the Unemployment Trust Fund as
authorized by sections 905(d) and 1203 of the Social Security Act,
as amended, and to the Black Lung Disability Trust Fund as
authorized by section 9501(c)(1) of the Internal Revenue Code of
1954, as amended; and for nonrepayable advances to the Unemploy-
ment Trust Fund as authorized by section 8509 of title 5, United
States Code, and section 104(d) of Public Law 102–164, and section
5 of Public Law 103–6, and to the ‘‘Federal unemployment benefits
and allowances’’ account, to remain available until September 30,
1996, $686,000,000.
In addition, for making repayable advances to the Black Lung
Disability Trust Fund in the current fiscal year after September
15, 1995, for costs incurred by the Black Lung Disability Trust
Fund in the current fiscal year, such sums as may be necessary.
OFFICE OF THE AMERICAN WORKPLACE
SALARIES AND EXPENSES
For necessary expenses for the Office of the American Work-
place, $31,471,000.
PENSION AND WELFARE BENEFITS ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses for Pension and Welfare Benefits
Administration, $69,454,000.
PENSION BENEFIT GUARANTY CORPORATION
PENSION BENEFIT GUARANTY CORPORATION FUND
The Pension Benefit Guaranty Corporation is authorized to
make such expenditures, including financial assistance authorized
by section 104 of Public Law 96–364, within limits of funds and
borrowing authority available to such Corporation, and in accord
with law, and to make such contracts and commitments without
regard to fiscal year limitations as provided by section 104 of
the Government Corporation Control Act, as amended (31 U.S.C.
9104), as may be necessary in carrying out the program through
September 30, 1995, for such Corporation: Provided, That not to
exceed $11,493,000 shall be available for administrative expenses
of the Corporation: Provided further, That expenses of such Corpora-
tion in connection with the termination of pension plans, for the
acquisition, protection or management, and investment of trust
assets, and for benefits administration services shall be considered
as non-administrative expenses for the purposes hereof, and
excluded from the above limitation.
H. R. 4606—5
EMPLOYMENT STANDARDS ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses for the Employment Standards
Administration, including reimbursement to State, Federal, and
local agencies and their employees for inspection services rendered,
$248,667,000, together with $1,059,000 which may be expended
from the Special Fund in accordance with sections 39(c) and 44(j)
of the Longshore and Harbor Workers’ Compensation Act: Provided,
That the Secretary of Labor is authorized to accept, retain, and
spend, until expended, in the name of the Department of Labor,
all sums of money ordered to be paid to the Secretary of Labor,
in accordance with the terms of the Consent Judgment in Civil
Action No. 91–0027 of the United States District Court for the
District of the Northern Mariana Islands (May 21, 1992): Provided
further, That the Secretary of Labor is authorized to establish
and, in accordance with 31 U.S.C. 3302, collect and deposit in
the Treasury fees for processing applications and issuing certificates
under sections 11(d) and 14 of the Fair Labor Standards Act of
1938, as amended (29 U.S.C. 211(d) and 214) and for processing
applications and issuing registrations under Title I of the Migrant
and Seasonal Agricultural Worker Protection Act, 29 U.S.C. 1801
et seq.
SPECIAL BENEFITS
(INCLUDING TRANSFER OF FUNDS)
For the payment of compensation, benefits, and expenses
(except administrative expenses) accruing during the current or
any prior fiscal year authorized by title 5, chapter 81 of the United
States Code; continuation of benefits as provided for under the
head ‘‘Civilian War Benefits’’ in the Federal Security Agency Appro-
priation Act, 1947; the Employees’ Compensation Commission
Appropriation Act, 1944; and sections 4(c) and 5(f) of the War
Claims Act of 1948 (50 U.S.C. App. 2012); and 50 per centum
of the additional compensation and benefits required by section
10(h) of the Longshore and Harbor Workers’ Compensation Act,
as amended, $258,000,000 together with such amounts as may
be necessary to be charged to the subsequent year appropriation
for the payment of compensation and other benefits for any period
subsequent to August 15 of the current year: Provided, That such
sums as are necessary may be used for a demonstration project
under section 8104 of title 5, United States Code, in which the
Secretary may reimburse an employer, who is not the employer
at the time of injury, for portions of the salary of a reemployed,
disabled beneficiary: Provided further, That balances of reimburse-
ments unobligated on September 30, 1994, shall remain available
until expended for the payment of compensation, benefits, and
expenses: Provided further, That in addition there shall be trans-
ferred to this appropriation from the Postal Service and from any
other corporation or instrumentality required under section 8147(c)
of title 5, United States Code, to pay an amount for its fair share
of the cost of administration, such sums as the Secretary of Labor
determines to be the cost of administration for employees of such
fair share entities through September 30, 1995: Provided further,
That of those funds transferred to this account from the fair share
entities to pay the cost of administration, $5,299,000 shall be made
H. R. 4606—6
available to the Secretary of Labor for expenditures relating to
capital improvements in support of Federal Employees’ Compensa-
tion Act administration, and the balance of such funds shall be
paid into the Treasury as miscellaneous receipts: Provided further,
That the Secretary may require that any person filing a notice
of injury or a claim for benefits under subchapter 5, U.S.C., chapter
81, or under subchapter 33, U.S.C. 901, et seq. (the Longshore
and Harbor Workers’ Compensation Act, as amended), provide as
part of such notice and claim, such identifying information (includ-
ing Social Security account number) as such regulations may
prescribe.
BLACK LUNG DISABILITY TRUST FUND
(INCLUDING TRANSFER OF FUNDS)
For payments from the Black Lung Disability Trust Fund,
$994,864,000, of which $943,005,000 shall be available until
September 30, 1996, for payment of all benefits as authorized
by section 9501(d) (1), (2), (4), and (7), of the Internal Revenue
Code of 1954, as amended, and interest on advances as authorized
by section 9501(c)(2) of that Act, and of which $28,216,000 shall
be available for transfer to Employment Standards Administration,
Salaries and Expenses, and $23,333,000 for transfer to Depart-
mental Management, Salaries and Expenses, and $310,000 for
transfer to Departmental Management, Office of Inspector General,
for expenses of operation and administration of the Black Lung
Benefits program as authorized by section 9501(d)(5)(A) of that
Act: Provided, That in addition, such amounts as may be necessary
may be charged to the subsequent year appropriation for the pay-
ment of compensation, interest, or other benefits for any period
subsequent to June 15 of the current year: Provided further, That
in addition such amounts shall be paid from this fund into mis-
cellaneous receipts as the Secretary of the Treasury determines
to be the administrative expenses of the Department of the Treasury
for administering the fund during the current fiscal year, as author-
ized by section 9501(d)(5)(B) of that Act.
OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses for the Occupational Safety and Health
Administration, $312,500,000, including not to exceed $70,615,000
which shall be the maximum amount available for grants to States
under section 23(g) of the Occupational Safety and Health Act,
which grants shall be no less than fifty percent of the costs of
State occupational safety and health programs required to be
incurred under plans approved by the Secretary under section 18
of the Occupational Safety and Health Act of 1970; and, in addition,
notwithstanding 31 U.S.C. 3302, the Occupational Safety and
Health Administration may retain up to $500,000 per fiscal year
of training institute course tuition fees, otherwise authorized by
law to be collected, and may utilize such sums for occupational
safety and health training and education grants: Provided, That
none of the funds appropriated under this paragraph shall be obli-
gated or expended to prescribe, issue, administer, or enforce any
standard, rule, regulation, or order under the Occupational Safety
and Health Act of 1970 which is applicable to any person who
H. R. 4606—7
is engaged in a farming operation which does not maintain a
temporary labor camp and employs ten or fewer employees: Pro-
vided further, That no funds appropriated under this paragraph
shall be obligated or expended to administer or enforce any stand-
ard, rule, regulation, or order under the Occupational Safety and
Health Act of 1970 with respect to any employer of ten or fewer
employees who is included within a category having an occupational
injury lost workday case rate, at the most precise Standard Indus-
trial Classification Code for which such data are published, less
than the national average rate as such rates are most recently
published by the Secretary, acting through the Bureau of Labor
Statistics, in accordance with section 24 of that Act (29 U.S.C.
673), except—
(1) to provide, as authorized by such Act, consultation,
technical assistance, educational and training services, and to
conduct surveys and studies;
(2) to conduct an inspection or investigation in response
to an employee complaint, to issue a citation for violations
found during such inspection, and to assess a penalty for viola-
tions which are not corrected within a reasonable abatement
period and for any willful violations found;
(3) to take any action authorized by such Act with respect
to imminent dangers;
(4) to take any action authorized by such Act with respect
to health hazards;
(5) to take any action authorized by such Act with respect
to a report of an employment accident which is fatal to one
or more employees or which results in hospitalization of two
or more employees, and to take any action pursuant to such
investigation authorized by such Act; and
(6) to take any action authorized by such Act with respect
to complaints of discrimination against employees for exercising
rights under such Act:
Provided further, That the foregoing proviso shall not apply to
any person who is engaged in a farming operation which does
not maintain a temporary labor camp and employs ten or fewer
employees.
MINE SAFETY AND HEALTH ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses for the Mine Safety and Health
Administration, $201,238,000, of which $5,851,000 shall be for the
State Grants Program, including purchase and bestowal of certifi-
cates and trophies in connection with mine rescue and first-aid
work, and the hire of passenger motor vehicles; the Secretary is
authorized to accept lands, buildings, equipment, and other con-
tributions from public and private sources and to prosecute projects
in cooperation with other agencies, Federal, State, or private; the
Mine Safety and Health Administration is authorized to promote
health and safety education and training in the mining community
through cooperative programs with States, industry, and safety
associations; and any funds available to the Department may be
used, with the approval of the Secretary, to provide for the costs
of mine rescue and survival operations in the event of a major
disaster: Provided, That none of the funds appropriated under this
paragraph shall be obligated or expended to carry out section 115
H. R. 4606—8
of the Federal Mine Safety and Health Act of 1977 or to carry
out that portion of section 104(g)(1) of such Act relating to the
enforcement of any training requirements, with respect to shell
dredging, or with respect to any sand, gravel, surface stone, surface
clay, colloidal phosphate, or surface limestone mine.
BUREAU OF LABOR STATISTICS
SALARIES AND EXPENSES
For necessary expenses for the Bureau of Labor Statistics,
including advances or reimbursements to State, Federal, and local
agencies and their employees for services rendered, $298,761,000,
of which $5,134,000 shall be for expenses of revising the Consumer
Price Index and shall remain available until September 30, 1996,
together with not to exceed $54,102,000, which may be expended
from the Employment Security Administration account in the
Unemployment Trust Fund.
DEPARTMENTAL MANAGEMENT
SALARIES AND EXPENSES
For necessary expenses for Departmental Management, includ-
ing the hire of five sedans, and including up to $4,392,000 for
the President’s Committee on Employment of People With Disabil-
ities, and including $2,100,000 for the International Program on
the Elimination of Child Labor notwithstanding any other provision
of law, $154,827,000 together with not to exceed $328,000, which
may be expended from the Employment Security Administration
account in the Unemployment Trust Fund.
ASSISTANT SECRETARY FOR VETERANS EMPLOYMENT AND TRAINING
Not to exceed $185,281,000 may be derived from the Employ-
ment Security Administration account in the Unemployment Trust
Fund to carry out the provisions of 38 U.S.C. 2001–10 and
2021–26.
OFFICE OF INSPECTOR GENERAL
For salaries and expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, as amended, $48,106,000, together with not to exceed
$3,913,000, which may be expended from the Employment Security
Administration account in the Unemployment Trust Fund.
GENERAL PROVISIONS
SEC. 101. DETERRENCE OF FRAUD AND ABUSE IN THE FEDERAL
EMPLOYEE’S WORKER COMPENSATION PROGRAM.
(a) IN GENERAL.—(1) Chapter 81 of title 5, United States Code,
is amended by inserting after section 8147 the following new section:
‘‘§ 8148. Forfeiture of benefits by convicted felons
‘‘(a) Any individual convicted of a violation of section 1920
of title 18, or any other Federal or State criminal statute relating
to fraud in the application for a receipt of any benefit under this
subchapter or subchapter III of this chapter, shall forfeit (as of
H. R. 4606—9
the date of such conviction) any entitlement to any benefit such
individual would otherwise be entitled to under this subchapter
or subchapter III for any injury occurring on or before the date
of such conviction. Such forfeiture shall be in addition to any
action the Secretary may take under section 8106 or 8129.
‘‘(b)(1) Notwithstanding any other provision of this chapter
(except as provided under paragraph (3)), no benefits under this
subchapter or subchapter III of this chapter shall be paid or pro-
vided to any individual during any period during which such
individual is confined in a jail, prison, or other penal institution
or correctional facility, pursuant to that individual’s conviction of
an offense that constituted a felony under applicable law.
‘‘(2) Such individual shall not be entitled to receive the benefits
forfeited during the period of incarceration under paragraph (1),
after such period of incarceration ends.
‘‘(3) If an individual has one or more dependents as defined
under section 8110(a), the Secretary of Labor may, during the
period of incarceration, pay to such dependents a percentage of
the benefits that would have been payable to such individual com-
puted according to the percentages set forth in section 8133(a)
(1) through (5).
‘‘(c) Notwithstanding the provision of section 552a of this title,
or any other provision of Federal or State law, any agency of
the United States Government or of any State (or political subdivi-
sion thereof) shall make available to the Secretary of Labor, upon
written request, the names and Social Security account numbers
of individuals who are confined in a jail, prison, or other penal
institution or correctional facility under the jurisdiction of such
agency, pursuant to such individuals’ conviction of an offense that
constituted a felony under applicable law, which the Secretary
of Labor may require to carry out the provisions of this section.’’.
(2) The table of sections for chapter 81 of title 5, United States
Code, is amended by inserting after the item relating to section
8147 the following new item:
‘‘8148. Forfeiture of benefits by convicted felons.’’.
(b) CRIMINAL PENALTIES.—(1) Section 1920 of title 18, United
States Code, is amended to read as follows:
‘‘§ 1920. False statement or fraud to obtain Federal employ-
ee’s compensation
‘‘Whoever knowingly and willfully falsifies, conceals, or covers
up a material fact, or makes a false, fictitious, or fraudulent state-
ment or representation, or makes or uses a false statement or
report knowing the same to contain any false, fictitious, or fraudu-
lent statement or entry in connection with the application for or
receipt of compensation or other benefit or payment under sub-
chapter I or III of chapter 81 of title 5, shall be guilty of perjury,
and on conviction thereof shall be punished by a fine of not more
than $250,000, or by imprisonment for not more than 5 years,
or both; but if the amount of the benefits falsely obtained does
not exceed $1,000, such person shall be punished by a fine of
not more than $100,000, or by imprisonment for not more than
1 year, or both.’’.
H. R. 4606—10
(2) The table of sections for chapter 93 of title 18, United
States Code, is amended by amending the item relating to section
1920 to read as follows:
‘‘1920. False statement or fraud to obtain Federal employee’s compensation.’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall take effect on the date of the enactment of this Act. The
amendments made by subsection (a) shall apply to claims filed
before, on, or after the date of enactment of this Act, and shall
apply only to individuals convicted after such date of enactment.
SEC. 102. None of the funds appropriated under this Act shall
be expended by the Secretary of Labor to implement or administer
either the final or proposed regulations referred to in section 303
of Public Law 102–27.
(TRANSFER OF FUNDS)
SEC. 103. Not to exceed 1 percent of any appropriation made
available for the current fiscal year for the Department of Labor
in this Act may be transferred between such appropriations, but
no such appropriation shall be increased by more than 3 percent
by any such transfers: Provided, That any transfer pursuant to
this section shall be treated as a reprogramming of funds under
section 104 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth
in that section.
SEC. 104. (a) None of the funds provided under this Act to
the Department of Labor shall be available for obligation or expendi-
ture through a reprogramming of funds which: (1) creates new
programs; (2) eliminates a program, project, or activity; (3) increases
funds or personnel by any means for any project or activity for
which funds have been denied or restricted; (4) relocates an office
or employees; (5) reorganizes offices, programs, or activities; or
(6) contracts out or privatizes any functions or activities presently
performed by Federal employees; unless the Appropriations
Committees of both Houses of Congress are notified fifteen days
in advance of such reprogramming of funds.
(b) None of the funds provided under this Act to the Department
of Labor shall be available for obligation or expenditure for activi-
ties, programs, or projects through a reprogramming of funds in
excess of $500,000 or 10 percent, whichever is less, that: (1) aug-
ments existing programs, projects, or activities; (2) reduces by 10
percent funding for any existing program, project, or activity, or
numbers of personnel by 10 percent as approved by Congress;
or (3) results from any general savings from a reduction in personnel
which would result in a change in existing programs, activities,
or projects as approved by Congress, unless the Appropriations
Committees of both Houses of Congress are notified fifteen days
in advance of such reprogramming of funds.
SEC. 105. The Secretary of Labor is authorized to accept, in
the name of the Department of Labor, and employ or dispose
of in furtherance of authorized activities of the Department of
Labor, during the fiscal year ending September 30, 1995, and each
fiscal year thereafter, any money or property, real, personal, or
mixed, tangible or intangible, received by gift, devise, bequest,
or otherwise.
SEC. 106. Section 5315 of title 5, United States Code, is
amended by inserting at the end thereof: ‘‘The Commissioner of
Labor Statistics, Department of Labor.’’.
H. R. 4606—11
Section 5316 of title 5, United States Code, is amended by
striking: ‘‘Commissioner of Labor Statistics, Department of Labor.’’.
SEC. 107. None of the funds appropriated in this title for
the Job Corps shall be used to pay the compensation of an individ-
ual, either as direct costs or any proration as an indirect cost,
at a rate in excess of $125,000.
This title may be cited as the ‘‘Department of Labor Appropria-
tions Act, 1995’’.
TITLE II—DEPARTMENT OF HEALTH AND HUMAN
SERVICES
HEALTH RESOURCES AND SERVICES ADMINISTRATION
HEALTH RESOURCES AND SERVICES
For carrying out titles II, III, VII, VIII, X, XII, XVI, XIX,
and XXVI of the Public Health Service Act, section 427(a) of the
Federal Coal Mine Health and Safety Act, title V of the Social
Security Act, the Health Care Quality Improvement Act of 1986,
as amended, Public Law 101–527, and the Native Hawaiian Health
Care Act of 1988, as amended, $3,056,203,000, of which $411,000
shall remain available until expended for interest subsidies on
loan guarantees made prior to fiscal year 1981 under part B of
title VII of the Public Health Service Act: Provided, That when
the Department of Health and Human Services administers or
operates an employee health program for any Federal department
or agency, payment for the full estimated cost shall be made by
way of reimbursement or in advance to this appropriation: Provided
further, That of the funds made available under this heading,
$933,000 shall be available until expended for facilities renovations
at the Gillis W. Long Hansen’s Disease Center: Provided further,
That in addition to fees authorized by section 427(b) of the Health
Care Quality Improvement Act of 1986, fees shall be collected
for the full disclosure of information under the Act sufficient to
recover the full costs of operating the National Practitioner Data
Bank, and shall remain available until expended to carry out that
Act: Provided further, That of the amounts available for Area Health
Education Centers, $24,625,000 shall be for section 746(i)(1)(A)
of the Health Professions Education Extension Amendments of
1992, notwithstanding section 746(i)(1)(C): Provided further, That
no more than $5,000,000 is available for carrying out the provisions
of Public Law 102–501.
MEDICAL FACILITIES GUARANTEE AND LOAN FUND
FEDERAL INTEREST SUBSIDIES FOR MEDICAL FACILITIES
For carrying out subsections (d) and (e) of section 1602 of
the Public Health Service Act, $9,000,000, together with any
amounts received by the Secretary in connection with loans and
loan guarantees under title VI of the Public Health Service Act,
to be available without fiscal year limitation for the payment of
interest subsidies. During the fiscal year, no commitments for direct
loans or loan guarantees shall be made.
H. R. 4606—12
HEALTH EDUCATION ASSISTANCE LOANS PROGRAM
For the cost of guaranteed loans, such sums as may be nec-
essary to carry out the purpose of the program, as authorized
by title VII of the Public Health Service Act, as amended: Provided,
That such costs, including the cost of modifying such loans, shall
be as defined in section 502 of the Congressional Budget Act of
1974: Provided further, That these funds are available to subsidize
gross obligations for the total loan principal any part of which
is to be guaranteed at not to exceed $375,000,000. In addition,
for administrative expenses to carry out the guaranteed loan pro-
gram, $2,946,000.
VACCINE INJURY COMPENSATION PROGRAM TRUST FUND
For payments from the Vaccine Injury Compensation Program
Trust Fund, such sums as may be necessary for claims associated
with vaccine-related injury or death with respect to vaccines
administered after September 30, 1988, pursuant to subtitle 2 of
title XXI of the Public Health Service Act, to remain available
until expended: Provided, That for necessary administrative
expenses, not to exceed $3,000,000 shall be available from the
Trust Fund to the Secretary of Health and Human Services.
VACCINE INJURY COMPENSATION
For payment of claims resolved by the United States Court
of Federal Claims related to the administration of vaccines before
October 1, 1988, $110,000,000, to remain available until expended.
CENTERS FOR DISEASE CONTROL AND PREVENTION
DISEASE CONTROL, RESEARCH, AND TRAINING
To carry out titles II, III, VII, XI, XV, XVII, and XIX of the
Public Health Service Act, sections 101, 102, 103, 201, 202, and
203 of the Federal Mine Safety and Health Act of 1977, and sections
20, 21, and 22 of the Occupational Safety and Health Act of 1970;
including insurance of official motor vehicles in foreign countries;
and hire, maintenance, and operation of aircraft, $2,089,443,000,
of which $3,575,000 shall remain available until expended for equip-
ment and construction and renovation of facilities, and in addition,
such sums as may be derived from authorized user fees, which
shall be credited to this account: Provided, That for fiscal year
1995 and subsequent fiscal years training of private persons shall
be made subject to reimbursement or advances to this appropriation
for not in excess of the full cost of such training: Provided further,
That funds appropriated under this heading for fiscal year 1995
and subsequent fiscal years shall be available for payment of the
costs of medical care, related expenses, and burial expenses here-
after incurred by or on behalf of any person who had participated
in the study of untreated syphilis initiated in Tuskegee, Alabama,
in 1932, in such amounts and subject to such terms and conditions
as prescribed by the Secretary of Health and Human Services
and for payment, in such amounts and subject to such terms and
conditions, of such costs and expenses hereafter incurred by or
on behalf of such person’s wife or offspring determined by the
Secretary to have suffered injury or disease from syphilis contracted
from such person: Provided further, That for fiscal year 1995 and
H. R. 4606—13
subsequent fiscal years amounts received by the National Center
for Health Statistics from reimbursements and interagency agree-
ments and the sale of data tapes may be credited to this appropria-
tion and shall remain available until expended: Provided further,
That in addition to amounts provided herein, up to $27,862,000
shall be available from amounts available under section 241 of
the Public Health Service Act, to carry out the National Center
for Health Statistics surveys.
NATIONAL INSTITUTES OF HEALTH
NATIONAL CANCER INSTITUTE
For carrying out section 301 and title IV of the Public Health
Service Act with respect to cancer, $1,919,419,000.
NATIONAL HEART, LUNG, AND BLOOD INSTITUTE
For carrying out sections 301 and 1105 and title IV of the
Public Health Service Act with respect to cardiovascular, lung,
and blood diseases, and blood and blood products, $1,259,590,000.
NATIONAL INSTITUTE OF DENTAL RESEARCH
For carrying out section 301 and title IV of the Public Health
Service Act with respect to dental disease, $162,832,000.
NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND KIDNEY
DISEASES
For carrying out section 301 and title IV of the Public Health
Service Act with respect to diabetes and digestive and kidney dis-
eases, $728,284,000.
NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS AND STROKE
For carrying out section 301 and title IV of the Public Health
Service Act with respect to neurological disorders and stroke,
$628,301,000.
NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES
For carrying out section 301 and title IV of the Public Health
Service Act with respect to allergy and infectious diseases,
$536,416,000.
NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES
For carrying out section 301 and title IV of the Public Health
Service Act with respect to general medical sciences, $877,113,000.
NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN DEVELOPMENT
For carrying out section 301 and title IV of the Public Health
Service Act with respect to child health and human development,
$513,409,000.
NATIONAL EYE INSTITUTE
For carrying out section 301 and title IV of the Public Health
Service Act with respect to eye diseases and visual disorders,
$291,600,000.
H. R. 4606—14
NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES
For carrying out sections 301 and 311 and title IV of the
Public Health Service Act with respect to environmental health
sciences, $267,566,000.
NATIONAL INSTITUTE ON AGING
For carrying out section 301 and title IV of the Public Health
Service Act with respect to aging, $432,698,000.
NATIONAL INSTITUTE OF ARTHRITIS AND MUSCULOSKELETAL AND SKIN
DISEASES
For carrying out section 301 and title IV of the Public Health
Service Act with respect to arthritis, and musculoskeletal and skin
diseases, $228,521,000.
NATIONAL INSTITUTE ON DEAFNESS AND OTHER COMMUNICATION
DISORDERS
For carrying out section 301 and title IV of the Public Health
Service Act with respect to deafness and other communication dis-
orders, $166,886,000.
NATIONAL INSTITUTE OF NURSING RESEARCH
For carrying out section 301 and title IV of the Public Health
Service Act with respect to nursing research, $48,237,000.
NATIONAL INSTITUTE ON ALCOHOL ABUSE AND ALCOHOLISM
For carrying out section 301 and title IV of the Public Health
Service Act with respect to alcohol abuse and alcoholism,
$181,445,000.
NATIONAL INSTITUTE ON DRUG ABUSE
For carrying out section 301 and title IV of the Public Health
Service Act with respect to drug abuse, $290,280,000.
NATIONAL INSTITUTE OF MENTAL HEALTH
For carrying out section 301 and title IV of the Public Health
Service Act with respect to mental health, $543,550,000.
NATIONAL CENTER FOR RESEARCH RESOURCES
For carrying out section 301 and title IV of the Public Health
Service Act with respect to research resources and general research
support grants, $294,877,000: Provided, That none of these funds
shall be used to pay recipients of the general research support
grants program any amount for indirect expenses in connection
with such grants: Provided further, That $20,000,000 shall be for
extramural facilities construction grants.
NATIONAL CENTER FOR HUMAN GENOME RESEARCH
For carrying out section 301 and title IV of the Public Health
Service Act with respect to human genome research, $152,010,000.
H. R. 4606—15
JOHN E. FOGARTY INTERNATIONAL CENTER
For carrying out the activities at the John E. Fogarty Inter-
national Center, $14,697,000.
NATIONAL LIBRARY OF MEDICINE
For carrying out section 301 and title IV of the Public Health
Service Act with respect to health information communications,
$126,274,000.
OFFICE OF THE DIRECTOR
(INCLUDING TRANSFER OF FUNDS)
For carrying out the responsibilities of the Office of the Director,
National Institutes of Health, $218,367,000, of which $3,375,000
shall be transferred to the National Institute of General Medical
Sciences: Provided, That funding shall be available for the purchase
of not to exceed five passenger motor vehicles for replacement
only: Provided further, That the Director may direct up to 1 percent
of the total amount made available in this Act to all National
Institutes of Health appropriations to activities the Director may
so designate: Provided further, That no such appropriation shall
be increased or decreased by more than 1 percent by any such
transfers and that the Congress is promptly notified of the transfer.
OFFICE OF AIDS RESEARCH
(INCLUDING TRANSFER OF FUNDS)
For carrying out part D of title XXIII of the Public Health
Service Act, $1,337,606,000: Provided, That the Director of the
Office of AIDS Research shall transfer from this appropriation
the amounts necessary to carry out section 2353(d) of the Act.
BUILDINGS AND FACILITIES
For the study of, construction of, and acquisition of equipment
for, facilities of or used by the National Institutes of Health, includ-
ing the acquisition of real property, $114,120,000, to remain avail-
able until expended.
SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION
SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES
For carrying out the Public Health Service Act with respect
to substance abuse and mental health services, section 612 of Public
Law 100–77, as amended, and the Protection and Advocacy for
Mentally Ill Individuals Act of 1986, $2,181,407,000: Provided, That
no portion of amounts appropriated for the programs of the Depart-
ment of Health and Human Services shall be available for obligation
pursuant to section 571 of the Public Health Service Act, other
than an amount of $3,750,000 from amounts appropriated to carry
out section 510 of that Act.