H. R. 2264—10
U.S.C. 921) where such participation is precluded by the decision
of the United States Supreme Court in Director, Office of Workers’
Compensation Programs v. Newport News Shipbuilding, 115 S.
Ct. 1278 (1995): Provided further, That no funds made available
by this Act may be used by the Secretary of Labor to review
a decision under the Longshore and Harbor Workers’ Compensation
Act (33 U.S.C. 901 et seq.) that has been appealed and that has
been pending before the Benefits Review Board for more than
12 months: Provided further, That any such decision pending a
review by the Benefits Review Board for more than one year shall
be considered affirmed by the Benefits Review Board on that date,
and shall be considered the final order of the Board for purposes
of obtaining a review in the United States courts of appeals: Pro-
vided further, That these provisions shall not be applicable to the
review of any decision issued under the Black Lung Benefits Act
(30 U.S.C. 901 et seq.).
WORKING CAPITAL FUND
The paragraph under this heading in Public Law 85–67 (29
U.S.C. 563) is amended by striking the last period and inserting
after ‘‘appropriation action’’ the following: ‘‘: Provided further, That
the Secretary of Labor may transfer annually an amount not to
exceed $3,000,000 from unobligated balances in the Department’s
salaries and expenses accounts, to the unobligated balance of the
Working Capital Fund, to be merged with such Fund and used
for the acquisition of capital equipment and the improvement of
financial management, information technology and other support
systems, and to remain available until expended: Provided further,
That the unobligated balance of the Fund shall not exceed
$20,000,000.’’.
ASSISTANT SECRETARY FOR VETERANS EMPLOYMENT AND TRAINING
Not to exceed $181,955,000 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. 4100–4110A and
4321–4327, and Public Law 103–353, and which shall be available
for obligation by the States through December 31, 1998.
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, $42,605,000, together with not to exceed
$3,645,000, which may be expended from the Employment Security
Administration account in the Unemployment Trust Fund.
GENERAL PROVISIONS
SEC. 101. 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.
(TRANSFER OF FUNDS)
SEC. 102. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control
H. R. 2264—11
Act, as amended) which are appropriated for the current fiscal
year for the Department of Labor in this Act may be transferred
between appropriations, but no such appropriation shall be
increased by more than 3 percent by any such transfer: Provided,
That the Appropriations Committees of both Houses of Congress
are notified at least fifteen days in advance of any transfer.
SEC. 103. Funds shall be available for carrying out title IV–
B of the Job Training Partnership Act, notwithstanding section
427(c) of that Act, if a Job Corps center fails to meet national
performance standards established by the Secretary.
SEC. 104. None of the funds made available in this Act may
be used by the Occupational Safety and Health Administration
to promulgate or issue any proposed or final standard regarding
ergonomic protection before September 30, 1998: Provided, That
nothing in this section shall be construed to limit the Occupational
Safety and Health Administration from issuing voluntary guidelines
on ergonomic protection or from developing a proposed standard
regarding ergonomic protection: Provided further, That no funds
made available in this Act may be used by the Occupational Safety
and Health Administration to enforce voluntary ergonomics guide-
lines through section 5 (the general duty clause) of the Occupational
Safety and Health Act of 1970 (29 U.S.C. 654).
SEC. 105. Section 13(b)(12) of the Fair Labor Standards Act
of 1938 (29 U.S.C. 213(b)(12)) is amended by striking ‘‘water for
agricultural purposes’’ and inserting in lieu thereof ‘‘water, at least
90 percent of which was ultimately delivered for agricultural pur-
poses during the preceding calendar year’’.
This title may be cited as the ‘‘Department of Labor Appropria-
tions Act, 1998’’.
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, 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,
and the Native Hawaiian Health Care Act of 1988, as amended,
$3,618,137,000, of which $225,000 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 and of which $28,000,000 shall be available for the
construction and renovation of health care and other facilities:
Provided, That the Division of Federal Occupational Health may
utilize personal services contracting to employ professional manage-
ment/administrative and occupational health professionals: Pro-
vided further, That of the funds made available under this heading,
$2,500,000 shall be available until expended for facilities renova-
tions 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 suffi-
cient to recover the full costs of operating the National Practitioner
Data Bank, and shall remain available until expended to carry
H. R. 2264—12
out that Act: Provided further, That no more than $5,000,000 is
available for carrying out the provisions of Public Law 104–73:
Provided further, That of the funds made available under this
heading, $203,452,000 shall be for the program under title X of
the Public Health Service Act to provide for voluntary family plan-
ning projects: Provided further, That amounts provided to said
projects under such title shall not be expended for abortions, that
all pregnancy counseling shall be nondirective, and that such
amounts shall not be expended for any activity (including the
publication or distribution of literature) that in any way tends
to promote public support or opposition to any legislative proposal
or candidate for public office: Provided further, That $285,500,000
shall be for State AIDS Drug Assistance Programs authorized by
section 2616 of the Public Health Service Act: Provided further,
That notwithstanding any other provision of law, funds made avail-
able under this heading may be used to continue operating the
Council on Graduate Medical Education established by section 301
of Public Law 102–408: Provided further, That, of the funds made
available under this heading, not more than $6,000,000 shall be
made available and shall remain available until expended for loan
guarantees for loans funded under part A of title XVI of the Public
Health Service Act as amended, made by non-Federal lenders for
the construction, renovation, and modernization of medical facilities
that are owned and operated by health centers, and for loans
made to health centers under section 330(d) of the Public Health
Service Act as amended by Public Law 104–299, and that such
funds be available to subsidize guarantees of total loan principal
in an amount not to exceed $80,000,000: Provided further, That
notwithstanding section 502(a)(1) of the Social Security Act, not
to exceed $103,863,000 is available for carrying out special projects
of regional and national significance pursuant to section 501(a)(2)
of such Act.
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, $6,000,000, 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.
HEALTH EDUCATION ASSISTANCE LOANS PROGRAM
(INCLUDING TRANSFER OF FUNDS)
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 $85,000,000: Provided further,
That the Secretary may use up to $1,000,000 derived by transfer
from insurance premiums collected from guaranteed loans made
H. R. 2264—13
under title VII of the Public Health Service Act for the purpose
of carrying out section 709 of that Act. In addition, for administra-
tive expenses to carry out the guaranteed loan program, $2,688,000.
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.
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, 203,
301, and 501 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, title IV of the Immigration and Nationality Act and
section 501 of the Refugee Education Assistance Act of 1980; includ-
ing insurance of official motor vehicles in foreign countries; and
hire, maintenance, and operation of aircraft, $2,327,552,000, of
which $21,504,000 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 in addition to
amounts provided herein, up to $59,232,000 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:
Provided further, That none of the funds made available for injury
prevention and control at the Centers for Disease Control and
Prevention may be used to advocate or promote gun control: Pro-
vided further, That the Director may redirect the total amount
made available under authority of Public Law 101–502, section
3, dated November 3, 1990, to activities the Director may so des-
ignate: Provided further, That the Congress is to be notified
promptly of any such transfer.
In addition, $51,000,000, to be derived from the Violent Crime
Reduction Trust Fund, for carrying out sections 40151 and 40261
of Public Law 103–322.
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, $2,547,314,000.
NATIONAL HEART, LUNG, AND BLOOD INSTITUTE
For carrying out section 301 and title IV of the Public Health
Service Act with respect to cardiovascular, lung, and blood diseases,
and blood and blood products, $1,531,061,000.
H. R. 2264—14
NATIONAL INSTITUTE OF DENTAL RESEARCH
For carrying out section 301 and title IV of the Public Health
Service Act with respect to dental disease, $209,415,000.
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-
ease, $873,860,000.
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,
$780,713,000.
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,
$1,351,655,000.
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, $1,065,947,000.
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,
$674,766,000.
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,
$355,691,000.
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, $330,108,000.
NATIONAL INSTITUTE ON AGING
For carrying out section 301 and title IV of the Public Health
Service Act with respect to aging, $519,279,000.
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, $274,760,000.
H. R. 2264—16
OFFICE OF THE DIRECTOR
(INCLUDING TRANSFER OF FUNDS)
For carrying out the responsibilities of the Office of the Director,
National Institutes of Health, $296,373,000, of which $40,536,000
shall be for the Office of AIDS Research: 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 or any other Act to all National Institutes of
Health appropriations to activities the Director may so designate:
Provided further, That no such appropriation shall be decreased
by more than 1 percent by any such transfers and that the Congress
is promptly notified of the transfer: Provided further, That NIH
is authorized to collect third party payments for the cost of clinical
services that are incurred in National Institutes of Health research
facilities and that such payments shall be credited to the National
Institutes of Health Management Fund: Provided further, That
all funds credited to the NIH Management Fund shall remain
available for one fiscal year after the fiscal year in which they
are deposited: Provided further, That up to $500,000 shall be avail-
able to carry out section 499 of the Public Health Service Act:
Provided further, That, notwithstanding section 499(k)(10) of the
Public Health Service Act, funds from the National Foundation
for Biomedical Research may be transferred to the National
Institutes of Health: Provided further, That $20,000,000 shall be
available to carry out section 404E of the Public Health Service
Act: Provided further, That of the funds available to carry out
section 404E of the Public Health Service Act, not less than
$7,000,000 shall be for peer reviewed complementary and alter-
native medicine research grants and contracts that respond to pro-
gram announcements and requests for proposals issued by the
Office of Alternative Medicine.
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, $206,957,000, to remain avail-
able until expended, of which $90,000,000 shall be for the clinical
research center and $16,957,000 for the Vaccine Facility: Provided,
That notwithstanding any other provision of law, a single contract
or related contracts for the development and construction of the
clinical research center may be employed which collectively include
the full scope of the project: Provided further, That the solicitation
and contract shall contain the clause ‘‘availability of funds’’ found
at 48 CFR 52.232–18: Provided further, That notwithstanding any
other provision of law, a single contract or related contracts for
the development and construction of the Vaccine Facility may be
employed which collectively include the full scope of the project:
Provided further, That the solicitation and contract shall contain
the clause ‘‘availability of funds’’ found in 48 CFR 52.232–18.
H. R. 2264—17
SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION
SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES
For carrying out titles V and XIX of the Public Health Service
Act with respect to substance abuse and mental health services,
the Protection and Advocacy for Mentally Ill Individuals Act of
1986, and section 301 of the Public Health Service Act with respect
to program management, $2,146,743,000, of which $10,000,000 shall
be for grants to rural and Native American projects: Provided,
That notwithstanding any other provision of law, each State’s allot-
ment for fiscal year 1998 for each of the programs under subparts
I and II of part B of title XIX of the Public Health Service Act
shall be equal to such State’s allotment for such programs for
fiscal year 1997.
RETIREMENT PAY AND MEDICAL BENEFITS FOR COMMISSIONED
OFFICERS
For retirement pay and medical benefits of Public Health Serv-
ice Commissioned Officers as authorized by law, and for payments
under the Retired Serviceman’s Family Protection Plan and Survi-
vor Benefit Plan and for medical care of dependents and retired
personnel under the Dependents’ Medical Care Act (10 U.S.C. ch.
55), and for payments pursuant to section 229(b) of the Social
Security Act (42 U.S.C. 429(b)), such amounts as may be required
during the current fiscal year.
AGENCY FOR HEALTH CARE POLICY AND RESEARCH
HEALTH CARE POLICY AND RESEARCH
For carrying out titles III and IX of the Public Health Service
Act, and part A of title XI of the Social Security Act, $90,229,000;
in addition, amounts received from Freedom of Information Act
fees, reimbursable and interagency agreements, and the sale of
data tapes shall be credited to this appropriation and shall remain
available until expended: Provided, That the amount made available
pursuant to section 926(b) of the Public Health Service Act shall
not exceed $56,206,000.
HEALTH CARE FINANCING ADMINISTRATION
GRANTS TO STATES FOR MEDICAID
For carrying out, except as otherwise provided, titles XI and
XIX of the Social Security Act, $71,602,429,000, to remain available
until expended.
For making, after May 31, 1998, payments to States under
title XIX of the Social Security Act for the last quarter of fiscal
year 1998 for unanticipated costs, incurred for the current fiscal
year, such sums as may be necessary.
For making payments to States under title XIX of the Social
Security 
Act 
for 
the 
first 
quarter 
of 
fiscal 
year 
1999,
$27,800,689,000, to remain available until expended.
Payment under title XIX may be made for any quarter with
respect to a State plan or plan amendment in effect during such
quarter, if submitted in or prior to such quarter and approved
in that or any subsequent quarter.
H. R. 2264—18
PAYMENTS TO HEALTH CARE TRUST FUNDS
For payment to the Federal Hospital Insurance and the Federal
Supplementary Medical Insurance Trust Funds, as provided under
sections 217(g) and 1844 of the Social Security Act, sections 103(c)
and 111(d) of the Social Security Amendments of 1965, section
278(d) of Public Law 97–248, and for administrative expenses
incurred pursuant to section 201(g) of the Social Security Act,
$60,904,000,000.
PROGRAM MANAGEMENT
For carrying out, except as otherwise provided, titles XI, XVIII,
XIX and XXI of the Social Security Act, titles XIII and XXVII
of the Public Health Service Act, and the Clinical Laboratory
Improvement Amendments of 1988, not to exceed $1,743,066,000
to be transferred from the Federal Hospital Insurance and the
Federal Supplementary Medical Insurance Trust Funds, as author-
ized by section 201(g) of the Social Security Act; together with
all funds collected in accordance with section 353 of the Public
Health Service Act and such sums as may be collected from author-
ized user fees and the sale of data, which shall remain available
until expended, and together with administrative fees collected
relative to Medicare overpayment recovery activities, which shall
remain available until expended: Provided, That all funds derived
in accordance with 31 U.S.C. 9701 from organizations established
under title XIII of the Public Health Service Act shall be credited
to and available for carrying out the purposes of this appropriation:
Provided further, That $900,000 shall be for carrying out section
4021 of Public Law 105–33: Provided further, That in carrying
out its legislative mandate, the National Bipartisan Commission
on the Future of Medicare shall examine the impact of increased
investments in health research on future Medicare costs, and the
potential for coordinating Medicare with cost-effective long-term
care services: Provided further, That $40,000,000 appropriated
under this heading for the transition to a single Part A and Part
B processing system shall remain available until expended: Provided
further, That funds appropriated under this heading may be obli-
gated to increase Medicare provider audits and implement the
Department’s corrective action plan to the Chief Financial Officer’s
audit of the Health Care Financing Administration’s oversight of
Medicare: Provided further, That the Secretary of Health and
Human Services is directed to collect, in aggregate, $95,000,000
in fees in fiscal year 1998 from Medicare∂Choice organizations
pursuant to section 1857(e)(2) of the Social Security Act and from
eligible organizations with risk-sharing contracts under section 1876
of that Act pursuant to section 1876(k)(4)(D) of that Act.
HEALTH MAINTENANCE ORGANIZATION LOAN AND LOAN GUARANTEE
FUND
For carrying out subsections (d) and (e) of section 1308 of
the Public Health Service Act, any amounts received by the Sec-
retary in connection with loans and loan guarantees under title
XIII of the Public Health Service Act, to be available without
fiscal year limitation for the payment of outstanding obligations.
During fiscal year 1998, no commitments for direct loans or loan
guarantees shall be made.
H. R. 2264—19
ADMINISTRATION FOR CHILDREN AND FAMILIES
FAMILY SUPPORT PAYMENTS TO STATES
For making payments to each State for carrying out the pro-
gram of Aid to Families with Dependent Children under title IV–
A of the Social Security Act before the effective date of the program
of Temporary Assistance to Needy Families (TANF) with respect
to such State, such sums as may be necessary: Provided, That
the sum of the amounts available to a State with respect to expendi-
tures under such title IV–A in fiscal year 1997 under this appropria-
tion and under such title IV–A as amended by the Personal Respon-
sibility and Work Opportunity Reconciliation Act of 1996 shall
not exceed the limitations under section 116(b) of such Act: Provided
further, That, notwithstanding section 418(a) of the Social Security
Act, for fiscal year 1997 only, the amount of payment under section
418(a)(1) to which each State is entitled shall equal the amount
specified as mandatory funds with respect to such State for such
fiscal year in the table transmitted by the Administration for Chil-
dren and Families to State Child Care and Development Block
Grant Lead Agencies on August 27, 1996, and the amount of State
expenditures in fiscal year 1994 or 1995 (whichever is greater)
that equals the non-Federal share for the programs described in
section 418(a)(1)(A) shall be deemed to equal the amount specified
as maintenance of effort with respect to such State for fiscal year
1997 in such table.
For making, after May 31 of the current fiscal year, payments
to States or other non-Federal entities under titles I, IV–D, X,
XI, XIV, and XVI of the Social Security Act and the Act of July
5, 1960 (24 U.S.C. ch. 9), for the last three months of the current
year for unanticipated costs, incurred for the current fiscal year,
such sums as may be necessary.
For making payments to States or other non-Federal entities
under titles I, IV–D, X, XI, XIV, and XVI of the Social Security
Act and the Act of July 5, 1960 (24 U.S.C. ch. 9), for the first
quarter of fiscal year 1999, $660,000,000, to remain available until
expended.
LOW INCOME HOME ENERGY ASSISTANCE
For making payments under title XXVI of the Omnibus Budget
Reconciliation Act of 1981, $1,100,000,000, to be available for obliga-
tion in the period October 1, 1998 through September 30, 1999.
For making payments under title XXVI of such Act,
$300,000,000: Provided, That these funds are hereby designated
by Congress to be emergency requirements pursuant to section
251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control
Act of 1985: Provided further, That these funds shall be made
available only after submission to Congress of a formal budget
request by the President that includes designation of the entire
amount of the request as an emergency requirement as defined
in the Balanced Budget and Emergency Deficit Control Act.
REFUGEE AND ENTRANT ASSISTANCE
For making payments for refugee and entrant assistance activi-
ties authorized by title IV of the Immigration and Nationality
Act and section 501 of the Refugee Education Assistance Act of