II
105TH CONGRESS
1ST SESSION
H. R. 2264
IN THE SENATE OF THE UNITED STATES
SEPTEMBER 17, 1997
Received
AN ACT
Making appropriations for the Departments of Labor, Health
and Human Services, and Education, and related agen-
cies for the fiscal year ending September 30, 1998, and
for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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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, 1998, and for other purposes, namely:
TITLE I—DEPARTMENT OF LABOR
EMPLOYMENT AND TRAINING ADMINISTRATION
TRAINING AND EMPLOYMENT SERVICES
For necessary expenses of the Job Training Partner-
ship 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; the Stewart B. McKinney
Homeless Assistance Act; the Women in Apprenticeship
and Nontraditional Occupations Act; the National Skill
Standards Act of 1994; and the School-to-Work Opportu-
nities Act; $5,162,601,000 (reduced by $21,000,000) plus
reimbursements, of which $2,500,000 shall be available
for purposes of carrying out section 738 of the Stewart
B. McKinney Homeless Assistance Act (relating to
homelesss veterans’ reintegration projects); of which
$3,872,463,000 (reduced by $21,000,000) is available for
obligation for the period July 1, 1998 through June 30,
1999; of which $118,491,000 is available for the period
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July 1, 1998 through June 30, 2001 for necessary ex-
penses of construction, rehabilitation, and acquisition of
Job Corps centers; of which $200,000,000 shall be avail-
able from July 1, 1998 through September 30, 1999, for
carrying out activities of the School-to-Work Opportuni-
ties Act; and of which $100,000,000 shall be available for
obligation for the period July 1, 1999 through June 30,
2000 for Opportunity Areas for Out-of-School Youth only
if specifically authorized by subsequent legislation: Pro-
vided, That $52,502,000 shall be for carrying out section
401 of the Job Training Partnership Act, $69,285,000
shall be for carrying out section 402 of such Act,
$7,300,000 shall be for carrying out section 441 of such
Act, $5,000,000 shall be for all activities conducted by and
through the National Occupational Information Coordi-
nating Committee under such Act, $1,063,990,000 (re-
duced by $21,000,000) shall be for carrying out title II,
part A of such Act, and $129,965,000 shall be for carry-
ing 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 provided for title III of the Job Train-
ing Partnership Act shall not be subject to the limitation
contained in subsection (b) of section 315 of such Act;
that the waiver described in section 315(a)(2) may be
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granted if a substate grantee demonstrates to the Gov-
ernor 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 training, or is necessary to facilitate the provi-
sion of appropriate basic readjustment services; and that
funds provided for discretionary grants under part B of
such title III may be used to provide needs-related pay-
ments to participants who, in lieu of meeting the enroll-
ment requirements under section 314(e) of such Act, are
enrolled in training by the end of the sixth week after
grant funds have been awarded: Provided further, That
service delivery areas may transfer funding provided here-
in under authority of titles II, parts B and C of the Job
Training Partnership Act between the programs author-
ized by those titles of the Act, if the transfer is approved
by the Governor: Provided further, That service delivery
areas and substate areas may transfer up to 20 percent
of the funding provided herein under authority of title II,
part A and title III of the Job Training Partnership Act
between the programs authorized by those titles of the
Act, if such transfer is approved by the Governor: Pro-
vided further, That, notwithstanding any other provision
of law, any proceeds from the sale of Job Corps center
facilities shall be retained by the Secretary of Labor to
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carry out the Job Corps program: Provided further, That
notwithstanding any other provision of law, the Secretary
of Labor may waive any of the statutory or regulatory re-
quirements of titles I–III of the Job Training Partnership
Act (except for requirements relating to wage and labor
standards, worker rights, participation and protection,
grievance procedures and judicial review, nondiscrimina-
tion, allocation of funds to local areas, eligibility, review
and approval of plans, the establishment and functions of
service delivery areas and private industry councils, and
the basic purposes of the Act), and any of the statutory
or regulatory requirements of sections 8–10 of the Wag-
ner-Peyser Act (except for requirements relating to the
provision of services to unemployment insurance claimants
and veterans, and to universal access to basic labor ex-
change services without cost to job seekers), only for funds
available for expenditure in program year 1998, pursuant
to a request submitted by a State which identifies the stat-
utory or regulatory requirements that are requested to be
waived and the goals which the State or local service deliv-
ery areas intend to achieve, describes the actions that the
State or local service delivery areas have undertaken to
remove State or local statutory or regulatory barriers, de-
scribes the goals of the waiver and the expected pro-
grammatic outcomes if the request is granted, describes
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the individuals impacted by the waiver, and describes the
process used to monitor the progress in implementing a
waiver, and for which notice and an opportunity to com-
ment on such request has been provided to the organiza-
tions identified in section 105(a)(1) of the Job Training
Partnership Act, if and only to the extent that the Sec-
retary determines that such requirements impede the abil-
ity of the State to implement a plan to improve the
workforce development system and the State has executed
a Memorandum of Understanding with the Secretary re-
quiring such State to meet agreed upon outcomes and im-
plement other appropriate measures to ensure accountabil-
ity: Provided further, That the Secretary of Labor shall
establish a workforce flexibility (work-flex) partnership
demonstration program under which the Secretary shall
authorize not more than six States, of which at least three
States shall each have populations not in excess of
3,500,000, with a preference given to those States that
have been designated Ed-Flex Partnership States under
section 311(e) of Public Law 103–227, to waive any statu-
tory or regulatory requirement applicable to service deliv-
ery areas or substate areas within the State under titles
I–III of the Job Training Partnership Act (except for re-
quirements relating to wage and labor standards, griev-
ance procedures and judicial review, nondiscrimination, al-
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lotment of funds, and eligibility), and any of the statutory
or regulatory requirements of sections 8–10 of the Wag-
ner-Peyser Act (except for requirements relating to the
provision of services to unemployment insurance claimants
and veterans, and to universal access to basic labor ex-
change services without cost to job seekers), for a duration
not to exceed the waiver period authorized under section
311(e) of Public Law 103–227, pursuant to a plan sub-
mitted by such States and approved by the Secretary for
the provision of workforce employment and training activi-
ties in the States, which includes a description of the proc-
ess by which service delivery areas and substate areas may
apply for and have waivers approved by the State, the re-
quirements of the Wagner-Peyser Act to be waived, the
outcomes to be achieved and other measures to be taken
to ensure appropriate accountability for Federal funds.
COMMUNITY SERVICE EMPLOYMENT FOR OLDER
AMERICANS
(TRANSFER OF FUNDS)
To carry out the activities for national grants or con-
tracts 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,
or to carry out older worker activities as subsequently au-
thorized, $343,356,000.
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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, or to carry out older
worker activities as subsequently authorized, $96,844,000.
The funds appropriated under this heading shall be
transferred to and merged with the Department of Health
and Human Services, ‘‘Aging Services Programs’’, for the
same purposes and the same period as the account to
which transferred, following the enactment of legislation
authorizing the administration of the program by that De-
partment.
FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES
For payments during the current fiscal year of trade
adjustment benefit payments and allowances under part
I, and for training, for allowances for job search and relo-
cation, 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, $349,000,000, to-
gether 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.
STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT
SERVICE OPERATIONS
For 
authorized 
administrative 
expenses,
$173,452,000, 
together 
with 
not 
to 
exceed
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$3,332,476,000 (reduced by $20,000,000) (including not
to exceed $1,228,000 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 $2,000,000 which may
be obligated in contracts with non-State entities for activi-
ties such as occupational and test research activities which
benefit the Federal-State Employment Service System),
which may be expended from the Employment Security
Administration account in the Unemployment Trust Fund
including the cost of administering section 1201 of the
Small Business Job Protection Act of 1996, section 7(d)
of the Wagner-Peyser Act, as amended, the Trade Act of
1974, as amended, the Immigration Act of 1990, and the
Immigration and Nationality Act, as amended, and of
which the sums available in the allocation for activities au-
thorized by title III of the Social Security Act, as amended
(42 U.S.C. 502–504), and the sums available in the alloca-
tion for necessary administrative expenses for carrying out
5 U.S.C. 8501–8523, shall be available for obligation by
the States through December 31, 1998, except that funds
used for automation acquisitions shall be available for obli-
gation by States through September 30, 2000; and of
which $173,452,000, together with not to exceed
$738,283,000 of the amount which may be expended from
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said trust fund, shall be available for obligation for the
period July 1, 1998 through June 30, 1999, to fund ac-
tivities under the Act of June 6, 1933, as amended, in-
cluding the cost of penalty mail authorized under 39
U.S.C. 3202(a)(1)(E) made available to States in lieu of
allotments for such purpose, and of which $200,000,000
(reduced by $10,000,000) shall be available solely for the
purpose of assisting States to convert their automated
State employment security agency systems to be year
2000 compliant, and of which $206,333,000 (reduced by
$10,000,000) shall be available only to the extent nec-
essary for additional State allocations to administer unem-
ployment compensation 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 Unemploy-
ment (AWIU) for fiscal year 1998 is projected by the De-
partment of Labor to exceed 2,789,000 an additional
$28,600,000 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 Un-
employment Trust Fund: Provided further, That funds ap-
propriated in this Act which are used to establish a na-
tional one-stop career center network may be obligated in
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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, not-
withstanding cost 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 Unemployment Trust
Fund as authorized by section 8509 of title 5, United
States Code, section 104(d) of Public Law 102–164, and
section 5 of Public Law 103–6, and to the ‘‘Federal unem-
ployment benefits and allowances’’ account, to remain
available until September 30, 1999, $392,000,000.
In addition, for making repayable advances to the
Black Lung Disability Trust Fund in the current fiscal
year after September 15, 1998, for costs incurred by the
Black Lung Disability Trust Fund in the current fiscal
year, such sums as may be necessary.
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PROGRAM ADMINISTRATION
For expenses of administering employment and train-
ing programs, $84,308,000, together with not to exceed
$41,285,000, which may be expended from the Employ-
ment Security Administration account in the Unemploy-
ment Trust Fund.
PENSION AND WELFARE BENEFITS ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses for the Pension and Welfare
Benefits 
Administration, 
$82,000,000, 
of 
which
$3,000,000 shall remain available through September 30,
1999 for expenses of completing the revision of the proc-
essing of employee benefit plan returns.
PENSION BENEFIT GUARANTY CORPORATION
PENSION BENEFIT GUARANTY CORPORATION FUND
The Pension Benefit Guaranty Corporation is author-
ized to make such expenditures, including financial assist-
ance 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 Govern-
ment Corporation Control Act, as amended (31 U.S.C.
9104), as may be necessary in carrying out the program
through September 30, 1998, for such Corporation: Pro-
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vided, That not to exceed $10,433,000 shall be available
for administrative expenses of the Corporation: Provided
further, That expenses of such Corporation 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 consid-
ered as non-administrative expenses for the purposes here-
of, and excluded from the above limitation.
EMPLOYMENT STANDARDS ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses for the Employment Stand-
ards Administration, including reimbursement to State,
Federal, and local agencies and their employees for inspec-
tion services rendered, $298,007,000, together with
$993,000 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: Pro-
vided, That $500,000 shall be for the development and
implementation of the electronic submission of reports re-
quired to be filed under the Labor-Management Reporting
and Disclosure Act of 1959, as amended, and for a com-
puter database of the information for each submission that
is indexed and easily searchable by the public via the
Internet: Provided further, That the Secretary of Labor
is authorized to accept, retain, and spend, until expended,
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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 ex-
penses (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 ben-
efits as provided for under the head ‘‘Civilian War Bene-
fits’’ in the Federal Security Agency Appropriation Act,
1947; the Employees’ Compensation Commission Appro-
priation 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 re-
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quired by section 10(h) of the Longshore and Harbor
Workers’ Compensation Act, as amended, $201,000,000
together with such amounts as may be necessary to be
charged to the subsequent year appropriation for the pay-
ment of compensation and other benefits for any period
subsequent to August 15 of the current year: Provided,
That amounts appropriated may be used under section
8104 of title 5, United States Code, by the Secretary to
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 re-
imbursements unobligated on September 30, 1997, shall
remain available until expended for the payment of com-
pensation, benefits, and expenses: Provided further, That
in addition there shall be transferred 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, 1998: Provided further, That of those funds trans-
ferred to this account from the fair share entities to pay
the cost of administration, $7,269,000 shall be made avail-
able to the Secretary of Labor for expenditures relating
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to capital improvements in support of Federal Employees’
Compensation Act administration, and the balance of such
funds shall be paid into the Treasury as miscellaneous re-
ceipts: Provided further, That the Secretary may require
that any person filing a notice of injury or a claim for
benefits under chapter 81 of title 5, United States Code,
or 33 U.S.C. 901 et seq., provide as part of such notice
and claim, such identifying information (including Social
Security account number) as such regulations may pre-
scribe.
BLACK LUNG DISABILITY TRUST FUND
(INCLUDING TRANSFER OF FUNDS)
For payments from the Black Lung Disability Trust
Fund, $1,007,000,000, of which $960,650,000 shall be
available until September 30, 1999, 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 $26,147,000 shall
be available for transfer to Employment Standards Ad-
ministration, Salaries and Expenses, $19,551,000 for
transfer to Departmental Management, Salaries and Ex-
penses, $296,000 for transfer to Departmental Manage-
ment, Office of Inspector General, and $356,000 for pay-
ment into miscellaneous receipts for the expenses of the
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Department of the Treasury, for expenses of operation
and administration of the Black Lung Benefits program
as authorized by section 9501(d)(5) of that Act: Provided,
That, in addition, such amounts as may be necessary may
be charged to the subsequent year appropriation for the
payment of compensation, interest, or other benefits for
any period subsequent to August 15 of the current year.
OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses for the Occupational Safety
and Health Administration, $336,205,000, including not
to exceed $77,941,000 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 sec-
tion 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 $750,000 per fiscal year of training institute
course tuition fees, otherwise authorized by law to be col-
lected, and may utilize such sums for occupational safety
and health training and education grants: Provided, That,
notwithstanding 31 U.S.C. 3302, the Secretary of Labor
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is authorized, during the fiscal year ending September 30,
1998, to collect and retain fees for services provided to
Nationally Recognized Testing Laboratories, and may uti-
lize such sums, in accordance with the provisions of 29
U.S.C. 9a, to administer national and international lab-
oratory recognition programs that ensure the safety of
equipment and products used by workers in the workplace:
Provided further, That none of the funds appropriated
under this paragraph shall be obligated 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
is engaged in a farming operation which does not maintain
a temporary labor camp and employs ten or fewer employ-
ees: Provided further, That no funds appropriated under
this paragraph shall be obligated or expended to admin-
ister or enforce any standard, 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 Stand-
ard Industrial 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
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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, con-
sultation, technical assistance, educational and train-
ing services, and to conduct surveys and studies;
(2) to conduct an inspection or investigation in
response to an employee complaint, to issue a cita-
tion for violations found during such inspection, and
to assess a penalty for violations which are not cor-
rected 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 re-
sults in hospitalization of two or more employees,
and to take any action pursuant to such investiga-
tion 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: Pro-
vided further, That the foregoing proviso shall not
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apply to any person who is engaged in a farming op-
eration 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, $199,159,000, including purchase
and bestowal of certificates and trophies in connection
with mine rescue and first-aid work, and the hire of pas-
senger motor vehicles; the Secretary is authorized to ac-
cept lands, buildings, equipment, and other contributions
from public and private sources and to prosecute projects
in cooperation with other agencies, Federal, State, or pri-
vate; the Mine Safety and Health Administration is au-
thorized to promote health and safety education and train-
ing in the mining community through cooperative pro-
grams 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 appro-
priated under this paragraph shall be obligated or ex-
pended to carry out section 115 of the Federal Mine Safe-
ty and Health Act of 1977 or to carry out that portion
of section 104(g)(1) of such Act relating to the enforce-
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ment of any training requirements, with respect to shell
dredging, or with respect to any sand, gravel, surface
stone, surface clay, colloidal phosphate, or surface lime-
stone mine.
BUREAU OF LABOR STATISTICS
SALARIES AND EXPENSES
For necessary expenses for the Bureau of Labor Sta-
tistics, including advances or reimbursements to State,
Federal, and local agencies and their employees for serv-
ices rendered, $327,609,000, of which $15,430,000 shall
be for expenses of revising the Consumer Price Index and
shall remain available until September 30, 1999, together
with not to exceed $52,848,000, 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 Manage-
ment, including the hire of three sedans, and including
up to $4,402,000 for the President’s Committee on Em-
ployment of People With Disabilities, $152,199,000; to-
gether with not to exceed $282,000, which may be ex-
pended from the Employment Security Administration ac-
count in the Unemployment Trust Fund: Provided, That
no funds made available by this Act may be used by the
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Solicitor of Labor to participate in a review in any United
States court of appeals of any decision made by the Bene-
fits Review Board under section 21 of the Longshore and
Harbor Workers’ Compensation Act (33 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 Ship-
building, 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: Provided 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:
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‘‘: 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 im-
provement of financial management, information tech-
nology 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
Employment Security Administration account in the Un-
employment 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, $43,105,000, (reduced
by $1,000,000) together with not to exceed $3,645,000,
which may be expended from the Employment Security
Administration account in the Unemployment Trust
Fund.
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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 individual, either as direct costs or any proration
as an indirect cost, at a rate in excess of $125,000 (re-
duced by $25,000).
(TRANSFER OF FUNDS)
SEC. 102. Not to exceed 1 percent of any discre-
tionary funds (pursuant to the Balanced Budget and
Emergency Deficit Control Act, as amended) which are
appropriated for the current fiscal year for the Depart-
ment of Labor in this Act may be transferred between ap-
propriations, 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, notwith-
standing 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 Sep-
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tember 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 fur-
ther, That no funds made available in this Act may be
used by the Occupational Safety and Health Administra-
tion to enforce voluntary ergonomics guidelines through
section 5 (the general duty clause) of the Occupational
Safety and Health Act of 1970 (29 U.S.C. 654).
This title may be cited as the ‘‘Department of Labor
Appropriations 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, and the Health Care
Quality Improvement Act of 1986, as amended,
$3,616,068,000 (reduced by $9,000,000), of which
$225,000 shall remain available until expended for inter-
est subsidies on loan guarantees made prior to fiscal year
1981 under part B of title VII of the Public Health Serv-
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ice Act: Provided, That the Division of Federal Occupa-
tional Health may utilize personal services contracting to
employ professional management/administrative and occu-
pational health professionals: Provided further, That of the
funds made available under this heading, $2,500,000 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 operat-
ing the National Practitioner Data Bank, and shall re-
main available until expended to carry out that Act: Pro-
vided further, That no more than $5,000,000 is available
for carrying out the provisions of Public Law 104–73: Pro-
vided further, That of the funds made available under this
heading, $203,452,000 (reduced by $9,000,000) shall be
for the program under title X of the Public Health Service
Act to provide for voluntary family planning projects: Pro-
vided 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 (in-
cluding the publication or distribution of literature) that
in any way tends to promote public support or opposition
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to any legislative proposal or candidate for public office:
Provided further, That $299,000,000 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 available under this heading may be used to con-
tinue operating the Council on Graduate Medical Edu-
cation established by section 301 of Public Law 102–408:
Provided further, That, of the funds made available under
this heading, not more than $4,600,000 shall be made
available and shall remain available until expended for
loan guarantees for loans made by non-Federal lenders 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 $53,300,000:
Provided further, That notwithstanding section 502(a)(1)
of the Social Security Act, not to exceed $105,624,000 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, to-
gether with any amounts received by the Secretary in con-
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nection with loans and loan guarantees under title VI of
the Public Health Service Act, to be available without fis-
cal 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 necessary 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 fur-
ther, That these funds are available to subsidize gross obli-
gations 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 de-
rived by transfer from insurance premiums collected from
guaranteed loans made under title VII of the Public
Health Service Act for the purpose of carrying out section
709 of that Act. In addition, for administrative 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
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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 sec-
tion 501 of the Refugee Education Assistance Act of 1980;
including insurance of official motor vehicles in foreign
countries; and hire, maintenance, and operation of air-
craft, $2,343,737,000, of which $20,000,000 shall remain
available until expended for equipment 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 $48,400,000 shall be
available from amounts available under section 241 of the
Public Health Service Act, to carry out the National Cen-
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ter 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: Provided
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 Direc-
tor may so designate: Provided further, That the Congress
is to be notified promptly of any such transfer.
In addition, $45,000,000, to be derived from the Vio-
lent Crime Reduction Trust Fund, for carrying out section
40151 of Public Law 103–322.
NATIONAL INSTITUTES OF HEALTH
NATIONAL CANCER INSTITUTE
For carrying out section 301 and title IV of the Pub-
lic 
Health 
Service 
Act 
with 
respect 
to 
cancer,
$2,513,020,000.
NATIONAL HEART, LUNG, AND BLOOD INSTITUTE
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to cardiovascular, lung,
and blood diseases, and blood and blood products,
$1,513,004,000.
NATIONAL INSTITUTE OF DENTAL RESEARCH
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to dental disease,
$209,403,000.
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NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND
KIDNEY DISEASES
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to diabetes and diges-
tive and kidney disease, $874,337,000.
NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS
AND STROKE
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to neurological dis-
orders and stroke, $763,325,000.
NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS
DISEASES
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to allergy and infec-
tious diseases, $1,339,459,000.
NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to general medical
sciences, $1,047,963,000.
NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN
DEVELOPMENT
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to child health and
human development, $666,682,000.
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NATIONAL EYE INSTITUTE
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to eye diseases and
visual disorders, $354,032,000.
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 environ-
mental health sciences, $328,583,000.
NATIONAL INSTITUTE ON AGING
For carrying out section 301 and title IV of the Pub-
lic 
Health 
Service 
Act 
with 
respect 
to 
aging,
$509,811,000.
NATIONAL INSTITUTE OF ARTHRITIS AND
MUSCULOSKELETAL AND SKIN DISEASES
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to arthritis and mus-
culoskeletal and skin diseases, $269,807,000.
NATIONAL INSTITUTE ON DEAFNESS AND OTHER
COMMUNICATION DISORDERS
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to deafness and other
communication disorders, $198,373,000.
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NATIONAL INSTITUTE OF NURSING RESEARCH
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to nursing research,
$62,451,000.
NATIONAL INSTITUTE ON ALCOHOL ABUSE AND
ALCOHOLISM
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to alcohol abuse and
alcoholism, $226,205,000.
NATIONAL INSTITUTE ON DRUG ABUSE
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to drug abuse,
$525,641,000.
NATIONAL INSTITUTE OF MENTAL HEALTH
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to mental health,
$744,235,000.
NATIONAL HUMAN GENOME RESEARCH INSTITUTE
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to human genome re-
search, $211,772,000.
NATIONAL CENTER FOR RESEARCH RESOURCES
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to research resources
and general research support grants, $436,961,000: Pro-
vided, That none of these funds shall be used to pay recipi-
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ents 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.
JOHN E. FOGARTY INTERNATIONAL CENTER
For carrying out the activities at the John E.
Fogarty International Center, $27,620,000.
NATIONAL LIBRARY OF MEDICINE
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to health information
communications, $161,171,000, of which $4,000,000 shall
be available until expended for improvement of informa-
tion systems: Provided, That in fiscal year 1998, the Li-
brary may enter into personal services contracts for the
provision of services in facilities owned, operated, or con-
structed under the jurisdiction of the National Institutes
of Health.
OFFICE OF THE DIRECTOR
(INCLUDING TRANSFER OF FUNDS)
For carrying out the responsibilities of the Office of
the Director, National Institutes of Health, $298,339,000:
Provided, That funding shall be available for the purchase
of not to exceed five passenger motor vehicles for replace-
ment 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
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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 Con-
gress 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 Na-
tional 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 re-
main available for one fiscal year after the fiscal year in
which they are deposited: Provided further, That up to
$500,000 shall be available to carry out section 499 of
the Public Health Service Act.
BUILDINGS AND FACILITIES
For the study of, construction of, and acquisition of
equipment for, facilities of or used by the National Insti-
tutes of Health, including the acquisition of real property,
$223,100,000, to remain available until expended, of
which $90,000,000 shall be for the clinical research cen-
ter: Provided, That, notwithstanding any other provision
of law, a single contract or related contracts for the devel-
opment 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
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contract shall contain the clause ‘‘availability of funds’’
found at 48 CFR 52.232–18.
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, $2,151,943,000.
RETIREMENT PAY AND MEDICAL BENEFITS FOR
COMMISSIONED OFFICERS
For retirement pay and medical benefits of Public
Health Service Commissioned Officers as authorized by
law, and for payments under the Retired Serviceman’s
Family Protection Plan and Survivor 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 Se-
curity 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
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Security Act, $101,588,000; 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 avail-
able until expended: Provided, That the amount made
available pursuant to section 926(b) of the Public Health
Service Act shall not exceed $47,412,000.
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, $71,530,429,000,
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, in-
curred 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 ex-
pended.
Payment under title XIX may be made for any quar-
ter 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.
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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 So-
cial Security Amendments of 1965, section 278(d) of Pub-
lic Law 97–248, and for administrative expenses incurred
pursuant to section 201(g) of the Social Security Act,
$63,581,000,000.
PROGRAM MANAGEMENT
For carrying out, except as otherwise provided, titles
XI, XVIII, and XIX of the Social Security Act, titles XIII
and XXVII of the Public Health Service Act, the Clinical
Laboratory Improvement Amendments of 1988, and sec-
tion 191 of Public Law 104–191, not to exceed
$1,679,435,000 to be transferred from the Federal Hos-
pital Insurance and the Federal Supplementary Medical
Insurance Trust Funds, as authorized by section 201(g)
of the Social Security Act; together with all funds collected
in accordance with section 353 of the Public Health Serv-
ice Act, the latter funds to remain available until ex-
pended, together with such sums as may be collected from
authorized user fees and the sale of data, which shall re-
main available until expended: Provided, That all funds
derived in accordance with 31 U.S.C. 9701 from organiza-
tions established under title XIII of the Public Health
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Service Act are to be credited to and available for carrying
out the purposes of this appropriation.
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 re-
ceived by the Secretary 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.
ADMINISTRATION FOR CHILDREN AND FAMILIES
FAMILY SUPPORT PAYMENTS TO STATES
For making payments to each State for carrying out
the program of Aid to Families with Dependent Children
under title IV–A of the Social Security Act before the ef-
fective 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 expenditures
under such title IV–A in fiscal year 1997 under this ap-
propriation and under such title IV–A as amended by the
Personal Responsibility and Work Opportunity Reconcili-
ation Act of 1996 shall not exceed the limitations under
section 116(b) of such Act.
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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 Omni-
bus Budget Reconciliation Act of 1981, $1,000,000,000,
to be available for obligation 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 des-
ignated by Congress to be emergency requirements pursu-
ant 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 sub-
mission to Congress of a formal budget request by the
President that includes designation of the entire amount
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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 assist-
ance activities authorized by title IV of the Immigration
and Nationality Act and section 501 of the Refugee Edu-
cation Assistance Act of 1980 (Public Law 96–422),
$415,000,000: Provided, That funds appropriated pursu-
ant to section 414(a) of the Immigration and Nationality
Act under Public Law 104–134 for fiscal year 1996 shall
be available for the costs of assistance provided and other
activities conducted in such year and in fiscal years 1997
and 1998.
CHILD CARE AND DEVELOPMENT BLOCK GRANT
For carrying out sections 658A through 658R of the
Omnibus Budget Reconciliation Act of 1981 (The Child
Care and Development Block Grant Act of 1990),
$1,000,000,000 to become available on October 1, 1998
and remain available through September 30, 1999: Pro-
vided, That of funds appropriated for each of fiscal years
1998 and 1999, $19,120,000 shall be available for child
care resource and referral and school-aged child care ac-
tivities.
SOCIAL SERVICES BLOCK GRANT
For making grants to States pursuant to section
2002 of the Social Security Act, $2,245,000,000.
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CHILDREN AND FAMILIES SERVICES PROGRAMS
(INCLUDING RESCISSIONS)
For carrying out, except as otherwise provided, the
Runaway and Homeless Youth Act, the Developmental
Disabilities Assistance and Bill of Rights Act, the Head
Start Act, the Child Abuse Prevention and Treatment Act,
the Native American Programs Act of 1974, title II of
Public Law 95–266 (adoption opportunities), the Aban-
doned Infants Assistance Act of 1988, part B(1) of title
IV and sections 413, 429A and 1110 of the Social Secu-
rity Act; for making payments under the Community Serv-
ices Block Grant Act; and for necessary administrative ex-
penses to carry out said Acts and titles I, IV, X, XI, XIV,
XVI, and XX of the Social Security Act, the Act of July
5, 1960 (24 U.S.C. ch. 9), the Omnibus Budget Reconcili-
ation Act of 1981, title IV of the Immigration and Nation-
ality Act, section 501 of the Refugee Education Assistance
Act of 1980, and section 126 and titles IV and V of Public
Law 
100–485, 
$5,565,217,000 
(increased 
by
$32,835,000, for community based resource centers), of
which $537,165,000 shall be for making payments under
the Community Services Block Grant Act: Provided, That
to the extent Community Services Block Grant funds are
distributed as grant funds by a State to an eligible entity
as provided under the Act, and have not been expended
by such entity, they shall remain with such entity for car-
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ryover into the next fiscal year for expenditure by such
entity consistent with program purposes.
In addition, $99,000,000, to be derived from the Vio-
lent Crime Reduction Trust Fund, for carrying out sec-
tions 40155, 40211 and 40241 of Public Law 103–322.
Funds appropriated for fiscal year 1998 under sec-
tion 429A(e), part B of title IV of the Social Security Act
shall be reduced by $6,000,000.
Funds appropriated for fiscal year 1998 under sec-
tion 413(h)(1) of the Social Security Act shall be reduced
by $15,000,000.
FAMILY PRESERVATION AND SUPPORT
For carrying out section 430 of the Social Security
Act, $255,000,000.
PAYMENTS TO STATES FOR FOSTER CARE AND ADOPTION
ASSISTANCE
For making payments to States or other non-Federal
entities, under title IV–E of the Social Security Act,
$3,200,000,000.
For making payments to States or other non-Federal
entities, under title IV–E of the Social Security Act, for
the first quarter of fiscal year 1999, $1,157,500,000.
ADMINISTRATION ON AGING
AGING SERVICES PROGRAMS
For carrying out, to the extent not otherwise pro-
vided, the Older Americans Act of 1965, as amended,
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$810,545,000 (increased by $4,725,000): Provided, That
notwithstanding section 308(b)(1) of such Act, the
amounts available to each State for administration of the
State plan under title III of such Act shall be reduced
not more than 5 percent below the amount that was avail-
able to such State for such purpose for fiscal year 1995.
OFFICE OF THE SECRETARY
GENERAL DEPARTMENTAL MANAGEMENT
For necessary expenses, not otherwise provided, for
general departmental management, including hire of six
sedans, and for carrying out titles III, XVII, and XX of
the Public Health Service Act, $159,636,000, together
with $5,851,000, to be transferred and expended as au-
thorized by section 201(g)(1) of the Social Security Act
from the Hospital Insurance Trust Fund and the Supple-
mental Medical Insurance Trust Fund.
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, $31,921,000 (reduced
by $1,000,000).
OFFICE FOR CIVIL RIGHTS
For expenses necessary for the Office for Civil
Rights, $16,345,000, together with not to exceed
$3,314,000, to be transferred and expended as authorized
by section 201(g)(1) of the Social Security Act from the
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Hospital Insurance Trust Fund and the Supplemental
Medical Insurance Trust Fund.
POLICY RESEARCH
For carrying out, to the extent not otherwise pro-
vided, research studies under section 1110 of the Social
Security Act, $14,000,000.
GENERAL PROVISIONS
SEC. 201. Funds appropriated in this title shall be
available for not to exceed $37,000 for official reception
and representation expenses when specifically approved by
the Secretary.
SEC. 202. The Secretary shall make available through
assignment not more than 60 employees of the Public
Health Service to assist in child survival activities and to
work in AIDS programs through and with funds provided
by the Agency for International Development, the United
Nations International Children’s Emergency Fund or the
World Health Organization.
SEC. 203. None of the funds appropriated under this
Act may be used to implement section 399L(b) of the Pub-
lic Health Service Act or section 1503 of the National In-
stitutes of Health Revitalization Act of 1993, Public Law
103–43.
SEC. 204. None of the funds appropriated in this Act
for the National Institutes of Health and the Substance
Abuse and Mental Health Services Administration shall
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be used to pay the salary of an individual, through a grant
or other extramural mechanism, at a rate in excess of
$125,000 per year.
SEC. 205. None of the funds appropriated in this Act
may be expended pursuant to section 241 of the Public
Health Service Act, except for funds specifically provided
for in this Act, or for other taps and assessments made
by any office located in the Department of Health and
Human Services, prior to the Secretary’s preparation and
submission of a report to the Committee on Appropria-
tions of the Senate and of the House detailing the planned
uses of such funds.
SEC. 206. None of the funds appropriated in this Act
may be obligated or expended for the Federal Council on
Aging under the Older Americans Act or the Advisory
Board on Child Abuse and Neglect under the Child Abuse
Prevention and Treatment Act.
(TRANSFER OF FUNDS)
SEC. 207. Not to exceed 1 percent of any discre-
tionary funds (pursuant to the Balanced Budget and
Emergency Deficit Control Act, as amended) which are
appropriated for the current fiscal year for the Depart-
ment of Health and Human Services in this Act may be
transferred between appropriations, but no such appro-
priation shall be increased by more than 3 percent by any
such transfer: Provided, That the Appropriations Commit-
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tees of both Houses of Congress are notified at least fif-
teen days in advance of any transfer.
(TRANSFER OF FUNDS)
SEC. 208. The Director of the National Institutes of
Health, jointly with the Director of the Office of AIDS
Research, may transfer up to 3 percent among institutes,
centers, and divisions from the total amounts identified
by these two Directors as funding for research pertaining
to the human immunodeficiency virus: Provided, That the
Congress is promptly notified of the transfer.
(TRANSFER OF FUNDS)
SEC. 209. Of the amounts made available in this Act
for the National Institutes of Health, the amount for re-
search related to the human immunodeficiency virus, as
jointly determined by the Director of NIH and the Direc-
tor of the Office of AIDS Research, shall be made avail-
able to the ‘‘Office of AIDS Research’’ account. The Di-
rector of the Office of AIDS Research shall transfer from
such account amounts necessary to carry out section
2353(d)(3) of the Public Health Service Act.
SEC. 210. Funds appropriated in this Act for the Na-
tional Institutes of Health may be used to provide transit
subsidies in amounts consistent with the transportation
subsidy programs authorized under section 629 of Public
Law 101–509 to non-FTE bearing positions including
trainees, visiting fellows and volunteers.
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SEC. 211. (a) The Secretary of Health and Human
Services may in accordance with this section provide for
the relocation of the Federal facility known as the Gillis
W. Long Hansen’s Disease Center (located in the vicinity
of Carville, in the State of Louisiana), including the relo-
cation of the patients of the Center.
(b)(1) Subject to paragraph (2), in relocating the
Center the Secretary may on behalf of the United States
transfer to the State of Louisiana, without charge, title
to the real property and improvements that as of the date
of the enactment of this Act constitute the Center. Such
real property is a parcel consisting of approximately 330
acres. The exact acreage and legal description used for
purposes of the transfer shall be in accordance with a sur-
vey satisfactory to the Secretary.
(2) Any conveyance under paragraph (1) is not effec-
tive unless the deed or other instrument of conveyance
contains the conditions specified in subsection (d); the in-
strument specifies that the United States and the State
of Louisiana agree to such conditions; and the instrument
specifies that, if the State engages in a material breach
of the conditions, title to the real property and improve-
ments involved reverts to the United States at the election
of the Secretary.
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(c)(1) With respect to Federal equipment and other
items of Federal personal property that are in use at the
Center as of the date of the enactment of this Act, the
Secretary may, subject to paragraph (2), transfer to the
State such items as the Secretary determines to be appro-
priate, if the Secretary makes the transfer under sub-
section (b).
(2) A transfer of equipment or other items may be
made under paragraph (1) only if the State agrees that,
during the 30-year period beginning on the date on which
the transfer under subsection (b) is made, the items will
be used exclusively for purposes that promote the health
or education of the public, except that the Secretary may
authorize such exceptions as the Secretary determines to
be appropriate.
(d) For purposes of subsection (b)(2), the conditions
specified in this subsection with respect to a transfer of
title are the following:
(1) During the 30-year period beginning on the
date on which the transfer is made, the real property
and improvements referred to in subsection (b)(1)
(referred to in this subsection as the ‘‘transferred
property’’) will be used exclusively for purposes that
promote the health or education of the public, with
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been awarded and appropriations have been made as
of the date on which the transfer is made.
(B) If upon completion of the projects referred
to in subparagraph (A) there are any unobligated
balances of amounts appropriated for the projects,
and the sum of such balances is in excess of
$100,000—
(i) the Secretary will transfer the amount
of such excess to the State; and
(ii) the State will expend such amount for
the purposes referred to in paragraph (1),
which may include the renovation of facilities at
the transferred property.
(5)(A) The State will maintain the cemetery lo-
cated on the transferred property, will permit indi-
viduals who were long-term-care patients of the Cen-
ter to be buried at the cemetery, and will permit
members of the public to visit the cemetery.
(B) The State will permit the Center to main-
tain a museum on the transferred property, and will
permit members of the public to visit the museum.
(C) In the case of any waste products stored at
the transferred property as of the date of the trans-
fer, the Federal Government will after the transfer
retain title to and responsibility for the products,
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and the State will not require that the Federal Gov-
ernment remove the products from the transferred
property.
(6) In the case of each individual who as of the
date of the enactment of this Act is a Federal em-
ployee at the transferred property with facilities
management or dietary duties:
(A) The State will offer the individual an
employment position with the State, the posi-
tion with the State will have duties similar to
the duties the individual performed in his or her
most recent position at the transferred prop-
erty, and the position with the State will pro-
vide compensation and benefits that are similar
to the compensation and benefits provided for
such most recent position, subject to the con-
currence of the Governor of the State.
(B) If the individual becomes an employee
of the State pursuant to subparagraph (A), the
State will make payments in accordance with
subsection (e)(2)(B) (relating to disability), as
applicable with respect to the individual.
(7) The Federal Government may, consistent
with the intended uses by the State of the trans-
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ferred property, carry out at such property activities
regarding at-risk youth.
(8) Such additional conditions as the Secretary
determines to be necessary to protect the interests of
the United States.
(e)(1) This subsection applies if the transfer under
subsection (b) is made.
(2) In the case of each individual who as of the date
of the enactment of this Act is a Federal employee at the
Center with facilities management or dietary duties, and
who becomes an employee of the State pursuant to sub-
section (d)(6)(A):
(A) The provisions of subchapter III of chapter
83 of title 5, United States Code, or of chapter 84
of such title, whichever are applicable, that relate to
disability shall be considered to remain in effect with
respect to the individual (subject to subparagraph
(C)) until the earlier of—
(i) the expiration of the 2-year period be-
ginning on the date on which the transfer under
subsection (b) is made; or
(ii) the date on which the individual first
meets all conditions for coverage under a State
program for payments during retirement by
reason of disability.
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(B) The payments to be made by the State pur-
suant to subsection (d)(6)(B) with respect to the in-
dividual are payments to the Civil Service Retire-
ment and Disability Fund, if the individual is receiv-
ing Federal disability coverage pursuant to subpara-
graph (A). Such payments are to be made in a total
amount equal to that portion of the normal-cost per-
centage (determined through the use of dynamic as-
sumptions) of the basic pay of the individual that is
allocable to such coverage and is paid for service
performed during the period for which such coverage
is in effect. Such amount is to be determined in ac-
cordance with chapter 84 of such title 5, is to be
paid at such time and in such manner as mutually
agreed by the State and the Office of Personnel
Management, and is in lieu of individual or agency
contributions otherwise required.
(C) In the determination pursuant to subpara-
graph (A) of whether the individual is eligible for
Federal disability coverage (during the applicable pe-
riod of time under such subparagraph), service as an
employee of the State after the date of the transfer
under subsection (b) shall be counted toward the
service requirement specified in the first sentence of
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section 8337(a) or 8451(a)(1)(A) of such title 5
(whichever is applicable).
(3) In the case of each individual who as of the date
of the enactment of this Act is a Federal employee with
a position at the Center and is, for duty at the Center,
receiving the pay differential under section 208(e) of the
Public Health Service Act or under section 5545(d) of title
5, United States Code:
(A) If as of the date of the transfer under sub-
section (b) the individual is eligible for an annuity
under section 8336 or 8412 of title 5, United States
Code, then once the individual separates from the
service and thereby becomes entitled to receive the
annuity, the pay differential shall be included in the
computation of the annuity if the individual sepa-
rated from the service not later than the expiration
of the 90-day period beginning on the date of the
transfer.
(B) If the individual is not eligible for such an
annuity as of the date of the transfer under sub-
section (b) but subsequently does become eligible,
then once the individual separates from the service
and thereby becomes entitled to receive the annuity,
the pay differential shall be included in the computa-
tion of the annuity if the individual separated from
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the service not later than the expiration of the 90-
day period beginning on the date on which the indi-
vidual first became eligible for the annuity.
(C) For purposes of this paragraph, the individ-
ual is eligible for the annuity if the individual meets
all conditions under such section 8336 or 8412 to be
entitled to the annuity, except the condition that the
individual be separated from the service.
(4) With respect to individuals who as of the date
of the enactment of this Act are Federal employees with
positions at the Center and are not, for duty at the center,
receiving the pay differential under section 208(e) of the
Public Health Service Act or under section 5545(d) of title
5, United States Code:
(A) During the calendar years 1997 and 1998,
the Secretary may in accordance with this paragraph
provide to any such individual a voluntary separa-
tion incentive payment. The purpose of such pay-
ments is to avoid or minimize the need for involun-
tary separations under a reduction in force with re-
spect to the Center.
(B) During calendar year 1997, any payment
under subparagraph (A) shall be made under section
663 of the Treasury, Postal Service, and General
Government Appropriations Act, 1997 (as contained