HR 2264 RH
(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,
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
HR 2264 RH
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-
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
HR 2264 RH
(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.
(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
HR 2264 RH
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
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
HR 2264 RH
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
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.
HR 2264 RH
(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
in section 101(f) of division A of Public Law 104–
208), except that, for purposes of this subparagraph,
subsection (b) of such section 663 does not apply.
(C) During calendar year 1998, such section
663 applies with respect to payments under subpara-
graph (A) to the same extent and in the same man-
ner as such section applied with respect to the pay-
ments during fiscal year 1997, and for purposes of
this subparagraph, the reference in subsection
(c)(2)(D) of such section 663 to December 31, 1997,
is deemed to be a reference to December 31, 1998.
(f) The following provisions apply if under subsection
(a) the Secretary makes the decision to relocate the Cen-
ter:
(1) The site to which the Center is relocated
shall be in the vicinity of Baton Rouge, in the State
of Louisiana.
(2) The facility involved shall continue to be
designated as the Gillis W. Long Hansen’s Disease
Center.
HR 2264 RH
graph (4) for support and maintenance and
other nonmedical expenses of the patient.
(B) The choice by an eligible patient of the op-
tion under clause (i) of subparagraph (A) may at
any time be revoked by the patient, and the patient
may instead choose the option under clause (ii) of
such subparagraph. The choice by an eligible patient
of the option under such clause (ii) is irrevocable.
(C) Payments under subparagraph (A)(ii) shall
be made on a monthly basis, and shall be pro rated
as applicable. In 1999 and each subsequent year, the
monthly amount of such payments shall be increased
by a percentage equal to any percentage increase
taking effect under section 215(i) of the Social Secu-
rity Act (relating to a cost-of-living increase) for
benefits under title II of such Act (relating to Fed-
eral old-age, survivors, and disability insurance bene-
fits). Any such percentage increase in monthly pay-
ments under subparagraph (A)(ii) shall take effect
in the same month as the percentage increase under
such section 215(i) takes effect.
(D) With respect to the provision of outpatient
and inpatient medical care for Hansen’s disease and
related complications to an eligible patient:
HR 2264 RH
(i) The choice the patient makes under
subparagraph (A) does not affect the respon-
sibility of the Secretary for providing to the pa-
tient such care at or through the Center.
(ii) If the patient chooses the option under
subparagraph (A)(ii) and receives inpatient care
at or through the Center, the Secretary may re-
duce the amount of payments under such sub-
paragraph, except to the extent that reimburse-
ment for the expenses of such care is available
to the provider of the care through the program
under title XVIII of the Social Security Act or
the program under title XIX of such Act. Any
such reduction shall be made on the basis of the
number of days for which the patient received
the inpatient care.
(6) The Secretary shall provide to each eligible
patient such information and time as may be nec-
essary for the patient to make an informed decision
regarding the options under paragraph (5)(A).
(7) After the date of the enactment of this Act,
the Center may not provide long-term care for any
individual who as of such date was not receiving
such care as a patient of the Center.
HR 2264 RH
(8) If upon completion of the projects referred
to in subsection (d)(4)(A) there are unobligated bal-
ances of amounts appropriated for the projects, such
balances are available to the Secretary for expenses
relating to the relocation of the Center, except that,
if the sum of such balances is in excess of $100,000,
such excess is available to the State in accordance
with subsection (d)(4)(B). The amounts available to
the Secretary pursuant to the preceding sentence are
available until expended.
(g) For purposes of this section:
(1) The term ‘‘Center’’ means the Gillis W.
Long Hansen’s Disease Center.
(2) The term ‘‘Secretary’’ means the Secretary
of Health and Human Services.
(3) The term ‘‘State’’ means the State of Lou-
isiana.
(h) Section 320 of the Public Health Service Act (42
U.S.C. 247e) is amended by striking the section designa-
tion and all that follows and inserting the following:
‘‘SEC. 320. (a)(1) At or through the Gillis W. Long
Hansen’s Disease Center (located in the State of Louisi-
ana), the Secretary shall without charge provide short-
term care and treatment, including outpatient care, for
Hansen’s disease and related complications to any person
HR 2264 RH
determined by the Secretary to be in need of such care
and treatment. The Secretary may not at or through such
Center provide long-term care for any such disease or
complication.
‘‘(2) The Center referred to in paragraph (1) shall
conduct training in the diagnosis and management of
Hansen’s disease and related complications, and shall con-
duct and promote the coordination of research (including
clinical research), investigations, demonstrations, and
studies relating to the causes, diagnosis, treatment, con-
trol, and prevention of Hansen’s disease and other
mycobacterial diseases and complications related to such
diseases.
‘‘(3) Paragraph (1) is subject to section 211 of the
Department of Health and Humans Services Appropria-
tions Act, 1998.
‘‘(b) In addition to the Center referred to in sub-
section (a), the Secretary may establish sites regarding
persons with Hansen’s disease. Each such site shall pro-
vide for the outpatient care and treatment for Hansen’s
disease and related complications to any person deter-
mined by the Secretary to be in need of such care and
treatment.
‘‘(c) The Secretary shall carry out subsections (a)
and (b) acting through an agency of the Service. For pur-
HR 2264 RH
poses of the preceding sentence, the agency designated by
the Secretary shall carry out both activities relating to the
provision of health services and activities relating to the
conduct of research.
‘‘(d) The Secretary shall make payments to the
Board of Health of the State of Hawaii for the care and
treatment (including outpatient care) in its facilities of
persons suffering from Hansen’s disease at a rate deter-
mined by the Secretary. The rate shall be approximately
equal to the operating cost per patient of such facilities,
except that the rate may not exceed the comparable costs
per patient with Hansen’s disease for care and treatment
provided by the Center referred to in subsection (a). Pay-
ments under this subsection are subject to the availability
of appropriations for such purpose.’’.
SEC. 212. None of the funds appropriated in the Act
may be made available to any entity under title X of the
Public Health Service Act unless the applicant for the
award certifies to the Secretary that it encourages family
participation in the decision of minors to seek family plan-
ning services and that it provides counseling to minors on
resisting attempts to coerce minors into engaging in sexual
activities.
This title may be cited as the ‘‘Department of Health
and Human Services Appropriations Act, 1998’’.
HR 2264 RH
TITLE III—DEPARTMENT OF EDUCATION
EDUCATION REFORM
For carrying out activities authorized by titles III
and IV of the Goals 2000: Educate America Act, the
School-to-Work Opportunities Act, and section 3132 of
the Elementary and Secondary Education Act of 1965,
$1,135,000,000, of which $458,500,000 for the Goals
2000: Educate America Act and $200,000,000 for the
School-to-Work Opportunities Act shall become available
on July 1, 1998, and remain available through September
30, 1999: Provided, That none of the funds appropriated
under this heading shall be obligated or expended to carry
out section 304(a)(2)(A) of the Goals 2000: Educate
America Act, except that no more than $1,500,000 may
be used to carry out activities under section 314(a)(2) of
that Act: Provided further, That section 315(a)(2) of the
Goals 2000 Act shall not apply: Provided further, That up
to one-half of one percent of the amount available under
section 3132 shall be set aside for the outlying areas, to
be distributed on the basis of their relative need as deter-
mined by the Secretary in accordance with the purposes
of the program: Provided further, That if any State edu-
cational agency does not apply for a grant under section
3132, that State’s allotment under section 3131 shall be
reserved by the Secretary for grants to local educational
HR 2264 RH
agencies in that State that apply directly to the Secretary
according to the terms and conditions published by the
Secretary in the Federal Register.
EDUCATION FOR THE DISADVANTAGED
For carrying out title I of the Elementary and Sec-
ondary Education Act of 1965, and section 418A of the
Higher 
Education 
Act, 
$8,204,217,000, 
of 
which
$6,882,616,000 shall become available on July 1, 1998,
and shall remain available through September 30, 1999,
and of which $1,298,386,000 shall become available on
October 1, 1998 and shall remain available through Sep-
tember 30, 1999, for academic year 1998–1999: Provided,
That $6,191,350,000 shall be available for basic grants
under section 1124: Provided further, That up to
$3,500,000 of these funds shall be available to the Sec-
retary on October 1, 1997, to obtain updated local-edu-
cational-agency-level census poverty data from the Bureau
of the Census: Provided further, That $949,249,000 shall
be available for concentration grants under section 1124A,
$400,000,000 shall be available for targeted grants under
section 1125, $150,000,000 shall be available under sec-
tion 1002(g)(2) to demonstrate effective approaches to
whole school reform as authorized under section
1502(a)(1)(C), $10,000,000 shall be available for evalua-
tions under section 1501 and not more than $7,500,000
HR 2264 RH
shall be reserved for section 1308, of which not more than
$3,000,000 shall be reserved for section 1308(d).
IMPACT AID
For carrying out programs of financial assistance to
federally affected schools authorized by title VIII of the
Elementary and Secondary Education Act of 1965,
$796,000,000, of which $667,000,000 shall be for basic
support payments under section 8003(b), $40,000,000
shall be for payments for children with disabilities under
section 8003(d), $62,000,000, to remain available until
expended, shall be for payments under section 8003(f),
$7,000,000 shall be for construction under section 8007,
and $20,000,000 shall be for Federal property payments
under section 8002.
SCHOOL IMPROVEMENT PROGRAMS
For carrying out school improvement activities au-
thorized by titles II, IV–A–1 and 2, V–A and B, VI, X
and XIII of the Elementary and Secondary Education Act
of 1965; the Stewart B. McKinney Homeless Assistance
Act; and the Civil Rights Act of 1964; $1,480,888,000,
of which $1,219,500,000 shall become available on July
1, 1998, and remain available through September 30,
1999: Provided, That of the amount appropriated,
$310,000,000 shall be for Eisenhower professional devel-
opment State grants under title II–B of the Elementary
and Secondary Education Act, $350,000,000 shall be for
HR 2264 RH
innovative education program strategies State grants
under title VI–A of said Act and $750,000 shall be for
an evaluation of comprehensive regional assistance centers
under title XIII of said Act.
LITERACY
(INCLUDING TRANSFER OF FUNDS)
For carrying out a literacy initiative, $260,000,000,
which shall become available on October 1, 1998 and shall
remain available through September 30, 1999 only if spe-
cifically authorized by subsequent legislation enacted by
April 1, 1998: Provided, That, if the initiative is not au-
thorized by such date, the funds shall be transferred to
‘‘Special Education’’ to be merged with that account and
to be available for the same purposes for which that ac-
count is available: Provided further, That the transferred
funds shall become available for obligation on July 1,
1999, and shall remain available through September 30,
2000 for academic year 1999–2000.
INDIAN EDUCATION
For expenses necessary to carry out, to the extent
not otherwise provided, title IX, part A of the Elementary
and Secondary Education Act of 1965, as amended, and
section 215 of the Department of Education Organization
Act, $62,600,000.
HR 2264 RH
BILINGUAL AND IMMIGRANT EDUCATION
For carrying out, to the extent not otherwise pro-
vided, bilingual, foreign language and immigrant edu-
cation activities authorized by parts A and C and section
7203 of title VII of the Elementary and Secondary Edu-
cation 
Act, 
without 
regard 
to 
section 
7103(b),
$354,000,000: Provided, That State educational agencies
may use all, or any part of, their part C allocation for
competitive grants to local educational agencies: Provided
further, That the Department of Education should only
support instructional programs which ensure that students
completely master English in a timely fashion (a period
of three to five years) while meeting rigorous achievement
standards in the academic content areas.
SPECIAL EDUCATION
For carrying out the Individuals with Disabilities
Education Act, $4,348,647,000, of which $4,117,186,000
shall become available for obligation on July 1, 1998, and
shall remain available through September 30, 1999.
REHABILITATION SERVICES AND DISABILITY RESEARCH
For carrying out, to the extent not otherwise pro-
vided, the Rehabilitation Act of 1973, the Technology-Re-
lated Assistance for Individuals with Disabilities Act, and
the Helen Keller National Center Act, as amended,
$2,589,176,000.
HR 2264 RH
SPECIAL INSTITUTIONS FOR PERSONS WITH
DISABILITIES
AMERICAN PRINTING HOUSE FOR THE BLIND
For carrying out the Act of March 3, 1879, as
amended (20 U.S.C. 101 et seq.), $8,186,000.
NATIONAL TECHNICAL INSTITUTE FOR THE DEAF
For the National Technical Institute for the Deaf
under titles I and II of the Education of the Deaf Act
of 1986 (20 U.S.C. 4301 et seq.), $43,841,000: Provided,
That from the amount available, the Institute may at its
discretion use funds for the endowment program as au-
thorized under section 207.
GALLAUDET UNIVERSITY
For the Kendall Demonstration Elementary School,
the Model Secondary School for the Deaf, and the partial
support of Gallaudet University under titles I and II of
the Education of the Deaf Act of 1986 (20 U.S.C. 4301
et seq.), $80,682,000: Provided, That from the amount
available, the University may at its discretion use funds
for the endowment program as authorized under section
207.
VOCATIONAL AND ADULT EDUCATION
For carrying out, to the extent not otherwise pro-
vided, the Carl D. Perkins Vocational and Applied Tech-
nology Education Act and the Adult Education Act,
$1,486,975,000, of which $1,483,875,000 shall become
HR 2264 RH
available on July 1, 1998 and shall remain available
through September 30, 1999; and of which $4,491,000
from amounts available under the Adult Education Act
shall be for the National Institute for Literacy under sec-
tion 384(c): Provided, That, of the amounts made avail-
able for title II of the Carl D. Perkins Vocational and Ap-
plied Technology Education Act, $13,497,000 shall be
used by the Secretary for national programs under title
IV, without regard to section 451: Provided further, That
the Secretary may reserve up to $4,998,000 under section
313(d) of the Adult Education Act for activities carried
out under section 383 of that Act: Provided further, That
no funds shall be awarded to a State Council under section
112(f) of the Carl D. Perkins Vocational and Applied
Technology Education Act, and no State shall be required
to operate such a Council.
STUDENT FINANCIAL ASSISTANCE
For carrying out subparts 1 and 3 of part A, part
C and part E of title IV of the Higher Education Act of
1965, as amended, $9,046,407,000, which shall remain
available through September 30, 1999.
The maximum Pell Grant for which a student shall
be eligible during award year 1998–1999 shall be $3,000:
Provided, That notwithstanding section 401(g) of the Act,
if the Secretary determines, prior to publication of the
payment schedule for such award year, that the amount
HR 2264 RH
included within this appropriation for Pell Grant awards
in such award year, and any funds available from the fis-
cal year 1997 appropriation for Pell Grant awards, are
insufficient to satisfy fully all such awards for which stu-
dents are eligible, as calculated under section 401(b) of
the Act, the amount paid for each such award shall be
reduced by either a fixed or variable percentage, or by a
fixed dollar amount, as determined in accordance with a
schedule of reductions established by the Secretary for this
purpose.
FEDERAL FAMILY EDUCATION LOAN PROGRAM ACCOUNT
For Federal administrative expenses to carry out
guaranteed student loans authorized by title IV, part B,
of the Higher Education Act, as amended, $47,688,000.
HIGHER EDUCATION
For carrying out, to the extent not otherwise pro-
vided, parts A and B of title III, without regard to section
360(a)(1)(B)(ii), titles IV, V, VI, VII, and IX, and part
A and subpart 1 of part B of title X of the Higher Edu-
cation Act of 1965, as amended, the Mutual Educational
and Cultural Exchange Act of 1961, and Public Law 102-
423; $909,893,000, of which $13,700,000 for interest
subsidies under title VII of the Higher Education Act shall
remain available until expended: Provided, That funds
available for part D of title IX of the Higher Education
Act shall be available to fund noncompeting continuation
HR 2264 RH
awards for academic year 1998-1999 for fellowships
awarded originally under part C of title IX of said Act,
under the terms and conditions of part C: Provided fur-
ther, That notwithstanding sections 419D, 419E, and
419H of the Higher Education Act, scholarships made
under title IV, part A, subpart 6 shall be prorated to
maintain the same number of new scholarships in fiscal
year 1998 as in fiscal year 1997.
HOWARD UNIVERSITY
For partial support of Howard University (20 U.S.C.
121 et seq.), $210,000,000: Provided, That from the
amount available, the University may at its discretion use
funds for the endowment program as authorized under the
Howard University Endowment Act (Public Law 98–480).
COLLEGE HOUSING AND ACADEMIC FACILITIES LOANS
PROGRAM
For Federal administrative expenses to carry out ac-
tivities related to facility loans entered into under title VII,
part C and section 702 of the Higher Education Act, as
amended, $698,000.
HISTORICALLY BLACK COLLEGE AND UNIVERSITY
CAPITAL FINANCING, PROGRAM ACCOUNT
The total amount of bonds insured pursuant to sec-
tion 724 of title VII, part B of the Higher Education Act
shall not exceed $357,000,000, and the cost, as defined
HR 2264 RH
in section 502 of the Congressional Budget Act of 1974,
of such bonds shall not exceed zero.
For administrative expenses to carry out the Histori-
cally Black College and University Capital Financing Pro-
gram entered into pursuant to title VII, part B of the
Higher Education Act, as amended, $104,000.
EDUCATION RESEARCH, STATISTICS, AND IMPROVEMENT
For carrying out activities authorized by the Edu-
cational Research, Development, Dissemination, and Im-
provement Act of 1994, including part E; the National
Education Statistics Act of 1994; section 2102, sections
3136 and 3141 and parts A, B, I, and K and section
10601 of title X, and part C of title XIII of the Elemen-
tary and Secondary Education Act of 1965, as amended,
$508,752,000: Provided, That $50,000,000 of the amount
provided for section 10101 of part A of title X of the Ele-
mentary and Secondary Education Act shall be for grants
to local educational agencies to demonstrate effective ap-
proaches to whole school reform.
LIBRARIES
For carrying out subtitle B of the Museum and Li-
brary Services Act, $142,000,000.
DEPARTMENTAL MANAGEMENT
PROGRAM ADMINISTRATION
For carrying out, to the extent not otherwise pro-
vided, the Department of Education Organization Act, in-
HR 2264 RH
cluding rental of conference rooms in the District of Co-
lumbia and hire of two passenger motor vehicles,
$329,479,000.
OFFICE FOR CIVIL RIGHTS
For expenses necessary for the Office for Civil
Rights, as authorized by section 203 of the Department
of Education Organization Act, $55,449,000.
OFFICE OF THE INSPECTOR GENERAL
For expenses necessary for the Office of the Inspector
General, as authorized by section 212 of the Department
of Education Organization Act, $30,242,000.
GENERAL PROVISIONS
SEC. 301. No funds appropriated in this Act may be
used for the transportation of students or teachers (or for
the purchase of equipment for such transportation) in
order to overcome racial imbalance in any school or school
system, or for the transportation of students or teachers
(or for the purchase of equipment for such transportation)
in order to carry out a plan of racial desegregation of any
school or school system.
SEC. 302. None of the funds contained in this Act
shall be used to require, directly or indirectly, the trans-
portation of any student to a school other than the school
which is nearest the student’s home, except for a student
requiring special education, to the school offering such
special education, in order to comply with title VI of the
HR 2264 RH
Civil Rights Act of 1964. For the purpose of this section
an indirect requirement of transportation of students in-
cludes the transportation of students to carry out a plan
involving the reorganization of the grade structure of
schools, the pairing of schools, or the clustering of schools,
or any combination of grade restructuring, pairing or clus-
tering. The prohibition described in this section does not
include the establishment of magnet schools.
SEC. 303. No funds appropriated under this Act may
be used to prevent the implementation of programs of vol-
untary prayer and meditation in the public schools.
SEC. 304. None of the funds appropriated in this Act
may be obligated or expended to carry out section 621(b)
of Public Law 101–589.
(TRANSFER OF FUNDS)
SEC. 305. 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 Education in this Act may be transferred between
appropriations, but no such appropriation shall be in-
creased by more than 3 percent by any such transfer: Pro-
vided, That the Appropriations Committees of both
Houses of Congress are notified at least fifteen days in
advance of any transfer.
HR 2264 RH
SEC. 306. Notwithstanding any other provision of
law, from funds appropriated under the Fund for the Im-
provement of Education, the Secretary of Education shall
make an award, in an amount not to exceed $1,000,000,
to the National Academy of Sciences to evaluate and sub-
mit a preliminary report by June 30, 1998 and a final
report by August 31, 1998 to the Committee on Appro-
priations and the Committee on Education and the
Workforce of the House of Representatives on the follow-
ing items with respect to the Administration’s proposed
national tests in 4th grade reading and 8th grade math:
(1) the technical quality of the work performed under the
test development contract(s), linking activities, and con-
tract(s) for providing the tests to States and school dis-
tricts; (2) the adequacy of the administration of the field
tests; (3) the validity and reliability of the data produced
by the field tests; (4) the reasonableness and validity of
the contractors’ design for linking test results to student
performance levels; and (5) the degree to which the tests
can be expected to provide valid and useful information
to the public: Provided, That in no event may the Depart-
ment of Education proceed to administer any final version
of the tests, until such time as a final National Academy
of Sciences report is completed.
HR 2264 RH
SEC. 307. Notwithstanding any other provision of
law, any institution of higher education which receives
funds under title III of the Higher Education Act, except
for grants made under section 326, may use up to twenty
percent of its award under part A or part B of the Act
for endowment building purposes authorized under section
331. Any institution seeking to use part A or part B funds
for endowment building purposes shall indicate such inten-
tion in its application to the Secretary and shall abide by
departmental regulations governing the endowment chal-
lenge grant program.
SEC. 308. AMENDMENTS
TO ELIGIBLE LENDER
DEFINITION.—Section 435(d)(1) of the Higher Education
Act of 1965 (20 U.S.C. 1085) is amended—
(1) by inserting before the semicolon at the end
of subparagraph (A) the following: ‘‘; and in deter-
mining whether the making or holding of loans to
students and parents under this part is the primary
consumer credit function of the eligible lender, loans
made or held as trustee or in a trust capacity for
the benefit of a third party shall not be considered’’;
(2) by striking ‘‘and’’ at the end of subpara-
graph (I);
(3) in subparagraph (J), by striking the period
and inserting ‘‘; and’’; and
HR 2264 RH
(4) by adding at the end the following new sub-
paragraph:
‘‘(K) a wholly owned subsidiary of a pub-
licly-held holding company which, as of the date
of enactment of this subparagraph, through one
or more subsidiaries (i) acts as a finance com-
pany, and (ii) participates in the program au-
thorized by this part pursuant to subparagraph
(C).’’.
This title may be cited as the ‘‘Department of Edu-
cation Appropriations Act, 1998’’.
TITLE IV—RELATED AGENCIES
ARMED FORCES RETIREMENT HOME
For expenses necessary for the Armed Forces Retire-
ment Home to operate and maintain the United States
Soldiers’ and Airmen’s Home and the United States Naval
Home, to be paid from funds available in the Armed
Forces Retirement Home Trust Fund, $71,777,000, of
which $16,325,000 shall remain available until expended
for construction and renovation of the physical plants at
the United States Soldiers’ and Airmen’s Home and the
United States Naval Home.
HR 2264 RH
CORPORATION FOR NATIONAL AND COMMUNITY SERVICE
DOMESTIC VOLUNTEER SERVICE PROGRAMS, OPERATING
EXPENSES
For expenses necessary for the Corporation for Na-
tional and Community Service to carry out the provisions
of the Domestic Volunteer Service Act of 1973, as amend-
ed, $227,547,000.
CORPORATION FOR PUBLIC BROADCASTING
For payment to the Corporation for Public Broad-
casting, as authorized by the Communications Act of
1934, an amount which shall be available within limita-
tions specified by that Act, for the fiscal year 2000,
$300,000,000: Provided, That no funds made available to
the Corporation for Public Broadcasting by this Act shall
be used to pay for receptions, parties, or similar forms
of entertainment for Government officials or employees:
Provided further, That none of the funds contained in this
paragraph shall be available or used to aid or support any
program or activity from which any person is excluded,
or is denied benefits, or is discriminated against, on the
basis of race, color, national origin, religion, or sex.
FEDERAL MEDIATION AND CONCILIATION SERVICE
SALARIES AND EXPENSES
For expenses necessary for the Federal Mediation
and Conciliation Service to carry out the functions vested
HR 2264 RH
in it by the Labor Management Relations Act, 1947 (29
U.S.C. 171–180, 182–183), including hire of passenger
motor vehicles; and for expenses necessary for the Labor-
Management Cooperation Act of 1978 (29 U.S.C. 175a);
and for expenses necessary for the Service to carry out
the functions vested in it by the Civil Service Reform Act,
Public Law 95-454 (5 U.S.C. chapter 71), $33,481,000,
including $1,500,000, to remain available through Sep-
tember 30, 1999, for activities authorized by the Labor-
Management Cooperation Act of 1978 (29 U.S.C. 175a):
Provided, That notwithstanding 31 U.S.C. 3302, fees
charged, up to full-cost recovery, for special training ac-
tivities and for arbitration services shall be credited to and
merged with this account, and shall remain available until
expended: Provided further, That fees for arbitration serv-
ices shall be available only for education, training, and
professional development of the agency workforce: Pro-
vided further, That the Director of the Service is author-
ized to accept on behalf of the United States gifts of serv-
ices and real, personal, or other property in the aid of any
projects or functions within the Director’s jurisdiction.
HR 2264 RH
FEDERAL MINE SAFETY AND HEALTH REVIEW
COMMISSION
SALARIES AND EXPENSES
For expenses necessary for the Federal Mine Safety
and Health Review Commission (30 U.S.C. 801 et seq.),
$6,060,000.
NATIONAL COMMISSION ON LIBRARIES AND
INFORMATION SCIENCE
SALARIES AND EXPENSES
For necessary expenses for the National Commission
on Libraries and Information Science, established by the
Act of July 20, 1970 (Public Law 91–345, as amended
by Public Law 102–95), $1,000,000.
NATIONAL COUNCIL ON DISABILITY
SALARIES AND EXPENSES
For expenses necessary for the National Council on
Disability as authorized by title IV of the Rehabilitation
Act of 1973, as amended, $1,793,000.
NATIONAL EDUCATION GOALS PANEL
For expenses necessary for the National Education
Goals Panel, as authorized by title II, part A of the Goals
2000: Educate America Act, $2,000,000.
HR 2264 RH
NATIONAL LABOR RELATIONS BOARD
SALARIES AND EXPENSES
For expenses necessary for the National Labor Rela-
tions Board to carry out the functions vested in it by the
Labor-Management Relations Act, 1947, as amended (29
U.S.C. 141–167), and other laws, $174,661,000: Pro-
vided, That no part of this appropriation shall be available
to organize or assist in organizing agricultural laborers or
used in connection with investigations, hearings, direc-
tives, or orders concerning bargaining units composed of
agricultural laborers as referred to in section 2(3) of the
Act of July 5, 1935 (29 U.S.C. 152), and as amended
by the Labor-Management Relations Act, 1947, as amend-
ed, and as defined in section 3(f) of the Act of June 25,
1938 (29 U.S.C. 203), and including in said definition em-
ployees engaged in the maintenance and operation of
ditches, canals, reservoirs, and waterways when main-
tained or operated on a mutual, nonprofit basis and at
least 95 per centum of the water stored or supplied there-
by is used for farming purposes: Provided further, That
none of the funds made available by this Act shall be used
in any way to promulgate a final rule (altering 29 CFR
part 103) regarding single location bargaining units in
representation cases.
HR 2264 RH
NATIONAL MEDIATION BOARD
SALARIES AND EXPENSES
For expenses necessary to carry out the provisions
of the Railway Labor Act, as amended (45 U.S.C. 151–
188), including emergency boards appointed by the Presi-
dent, $8,400,000: Provided, That unobligated balances at
the end of fiscal year 1998 not needed for emergency
boards shall remain available for other statutory purposes
through September 30, 1999.
OCCUPATIONAL SAFETY AND HEALTH REVIEW
COMMISSION
SALARIES AND EXPENSES
For expenses necessary for the Occupational Safety
and Health Review Commission (29 U.S.C. 661),
$7,900,000.
PHYSICIAN PAYMENT REVIEW COMMISSION
SALARIES AND EXPENSES
For expenses necessary to carry out section 1845(a)
of the Social Security Act, $3,258,000, to be transferred
to this appropriation from the Federal Supplementary
Medical Insurance Trust Fund.
PROSPECTIVE PAYMENT ASSESSMENT COMMISSION
SALARIES AND EXPENSES
For expenses necessary to carry out section 1886(e)
of the Social Security Act, $3,257,000, to be transferred
HR 2264 RH
to this appropriation from the Federal Hospital Insurance
and the Federal Supplementary Medical Insurance Trust
Funds.
RAILROAD RETIREMENT BOARD
DUAL BENEFITS PAYMENTS ACCOUNT
For payment to the Dual Benefits Payments Ac-
count, authorized under section 15(d) of the Railroad Re-
tirement Act of 1974, $206,000,000, which shall include
amounts becoming available in fiscal year 1998 pursuant
to section 224(c)(1)(B) of Public Law 98–76; and in addi-
tion, an amount, not to exceed 2 percent of the amount
provided herein, shall be available proportional to the
amount by which the product of recipients and the average
benefit received exceeds $206,000,000: Provided, That the
total amount provided herein shall be credited in 12 ap-
proximately equal amounts on the first day of each month
in the fiscal year.
FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT
ACCOUNTS
For payment to the accounts established in the
Treasury for the payment of benefits under the Railroad
Retirement Act for interest earned on unnegotiated
checks, $50,000, to remain available through September
30, 1999, which shall be the maximum amount available
for payment pursuant to section 417 of Public Law 98–
76.
HR 2264 RH
LIMITATION ON ADMINISTRATION
For necessary expenses for the Railroad Retirement
Board for administration of the Railroad Retirement Act
and 
the 
Railroad 
Unemployment 
Insurance 
Act,
$87,228,000, to be derived in such amounts as determined
by the Board from the railroad retirement accounts and
from moneys credited to the railroad unemployment insur-
ance administration fund.
LIMITATION ON THE OFFICE OF INSPECTOR GENERAL
For expenses necessary for the Office of Inspector
General for audit, investigatory and review activities, as
authorized by the Inspector General Act of 1978, as
amended, not more than $5,000,000, to be derived from
the railroad retirement accounts and railroad unemploy-
ment insurance account: Provided, That none of the funds
made available in any other paragraph of this Act may
be transferred to the Office; used to carry out any such
transfer; used to provide any office space, equipment, of-
fice supplies, communications facilities or services, mainte-
nance services, or administrative services for the Office;
used to pay any salary, benefit, or award for any personnel
of the Office; used to pay any other operating expense of
the Office; or used to reimburse the Office for any service
provided, or expense incurred, by the Office: Provided fur-
ther, That none of the funds made available in this para-
HR 2264 RH
graph may be used for any audit, investigation, or review
of the Medicare program.
SOCIAL SECURITY ADMINISTRATION
PAYMENTS TO SOCIAL SECURITY TRUST FUNDS
For payment to the Federal Old-Age and Survivors
Insurance and the Federal Disability Insurance trust
funds, as provided under sections 201(m), 228(g), and
1131(b)(2) of the Social Security Act, $20,308,000.
SPECIAL BENEFITS FOR DISABLED COAL MINERS
For carrying out title IV of the Federal Mine Safety
and Health Act of 1977, $426,090,000, to remain avail-
able until expended.
For making, after July 31 of the current fiscal year,
benefit payments to individuals under title IV of the Fed-
eral Mine Safety and Health Act of 1977, for costs in-
curred in the current fiscal year, such amounts as may
be necessary.
For making benefit payments under title IV of the
Federal Mine Safety and Health Act 1977 for the first
quarter of fiscal year 1999, $160,000,000, to remain
available until expended.
SUPPLEMENTAL SECURITY INCOME PROGRAM
For carrying out titles XI and XVI of the Social Se-
curity Act, section 401 of Public Law 92–603, section 212
of Public Law 93–66, as amended, and section 405 of
Public Law 95–216, including payment to the Social Secu-
HR 2264 RH
rity trust funds for administrative expenses incurred pur-
suant to section 201(g)(1) of the Social Security Act,
$16,170,000,000, to remain available until expended: Pro-
vided, That any portion of the funds provided to a State
in the current fiscal year and not obligated by the State
during that year shall be returned to the Treasury.
From funds provided under the previous paragraph,
not less than $100,000,000 shall be available for payment
to the Social Security trust funds for administrative ex-
penses for conducting continuing disability reviews.
In addition, $175,000,000, to remain available until
September 30, 1999, for payment to the Social Security
trust funds for administrative expenses for continuing dis-
ability reviews as authorized by section 103 of Public Law
104–121 and Supplemental Security Income administra-
tive work as authorized by Public Law 104–193. The term
‘‘continuing disability reviews’’ means reviews and redeter-
minations as defined under section 201(g)(1)(A) of the
Social Security Act, as amended, and reviews and redeter-
minations authorized under section 211 of Public Law
104–193.
For making, after June 15 of the current fiscal year,
benefit payments to individuals under title XVI of the So-
cial Security Act, for unanticipated costs incurred for the
current fiscal year, such sums as may be necessary.
HR 2264 RH
For making benefit payments under title XVI of the
Social Security Act for the first quarter of fiscal year
1999, $8,680,000,000, to remain available until expended.
LIMITATION ON ADMINISTRATIVE EXPENSES
For necessary expenses, including the hire of two pas-
senger motor vehicles, and not to exceed $10,000 for offi-
cial reception and representation expenses, not more than
$5,938,040,000 may be expended, as authorized by sec-
tion 201(g)(1) of the Social Security Act, from any one
or all of the trust funds referred to therein: Provided, That
not less than $1,600,000 shall be for the Social Security
Advisory Board: Provided further, That unobligated bal-
ances at the end of fiscal year 1998 not needed for fiscal
year 1998 shall remain available until expended for a
state-of-the-art computing network, including related
equipment and non-payroll administrative expenses associ-
ated solely with this network: Provided further, That reim-
bursement to the trust funds under this heading for ex-
penditures for official time for employees of the Social Se-
curity Administration pursuant to section 7131 of title 5,
United States Code, and for facilities or support services
for labor organizations pursuant to policies, regulations,
or procedures referred to in section 7135(b) of such title
shall be made by the Secretary of the Treasury, with inter-
est, from amounts in the general fund not otherwise ap-
HR 2264 RH
propriated, as soon as possible after such expenditures are
made.
From funds provided under the previous paragraph,
not less than $200,000,000 shall be available for conduct-
ing continuing disability reviews.
In addition to funding already available under this
heading, and subject to the same terms and conditions,
$245,000,000, to remain available until September 30,
1999, for continuing disability reviews as authorized by
section 103 of Public Law 104–121 and Supplemental Se-
curity Income administrative work as authorized by Public
Law 104–193. The term ‘‘continuing disability reviews’’
means reviews and redeterminations as defined under sec-
tion 201(g)(1)(A) of the Social Security Act as amended,
and reviews and redeterminations authorized under sec-
tion 211 of Public Law 104–193.
In addition to funding already available under this
heading, and subject to the same terms and conditions,
$200,000,000, which shall remain available until ex-
pended, to invest in a state-of-the-art computing network,
including related equipment and non-payroll administra-
tive expenses associated solely with this network, for the
Social Security Administration and the State Disability
Determination Services, may be expended from any or all
HR 2264 RH
of the trust funds as authorized by section 201(g)(1) of
the Social Security Act.
In addition, $35,000,000 to be derived from adminis-
tration fees in excess of $5.00 per supplementary payment
collected pursuant to section 1616(d) of the Social Secu-
rity Act or section 212(b)(3) of Public Law 93–66, which
shall remain available until expended. To the extent that
the amounts collected pursuant to such section 1616(d)
or 212(b)(3) in fiscal year 1998 exceed $35,000,000, the
amounts shall be available in fiscal year 1999 only to the
extent provided in advance in appropriations Acts.
OFFICE OF INSPECTOR GENERAL
(INCLUDING TRANSFER OF FUNDS)
For expenses necessary for the Office of Inspector
General in carrying out the provisions of the Inspector
General Act of 1978, as amended, $10,164,000, together
with not to exceed $42,260,000, to be transferred and ex-
pended as authorized by section 201(g)(1) of the Social
Security Act from the Federal Old-Age and Survivors In-
surance Trust Fund and the Federal Disability Insurance
Trust Fund.
In addition, an amount not to exceed 3 percent of
the total provided in this appropriation may be transferred
from the ‘‘Limitation on Administrative Expenses’’, Social
Security Administration, to be merged with this account,
to be available for the time and purposes for which this
HR 2264 RH
account is available: Provided, That notice of such trans-
fers shall be transmitted promptly to the Committees on
Appropriations of the House and Senate.
UNITED STATES INSTITUTE OF PEACE
OPERATING EXPENSES
For necessary expenses of the United States Institute
of Peace as authorized in the United States Institute of
Peace Act, $11,160,000.
TITLE V—GENERAL PROVISIONS
SEC. 501. The Secretaries of Labor, Health and
Human Services, and Education are authorized to transfer
unexpended balances of prior appropriations to accounts
corresponding to current appropriations provided in this
Act: Provided, That such transferred balances are used for
the same purpose, and for the same periods of time, for
which they were originally appropriated.
SEC. 502. No part of any appropriation contained in
this Act shall remain available for obligation beyond the
current fiscal year unless expressly so provided herein.
SEC. 503. (a) No part of any appropriation contained
in this Act shall be used, other than for normal and recog-
nized executive-legislative relationships, for publicity or
propaganda purposes, for the preparation, distribution, or
use of any kit, pamphlet, booklet, publication, radio, tele-
vision, or video presentation designed to support or defeat
HR 2264 RH
legislation pending before the Congress or any State legis-
lature, except in presentation to the Congress or any State
legislature itself.
(b) No part of any appropriation contained in this
Act shall be used to pay the salary or expenses of any
grant or contract recipient, or agent acting for such recipi-
ent, related to any activity designed to influence legislation
or appropriations pending before the Congress or any
State legislature.
SEC. 504. The Secretaries of Labor and Education
are each authorized to make available not to exceed
$15,000 from funds available for salaries and expenses
under titles I and III, respectively, for official reception
and representation expenses; the Director of the Federal
Mediation and Conciliation Service is authorized to make
available for official reception and representation expenses
not to exceed $2,500 from the funds available for ‘‘Sala-
ries and expenses, Federal Mediation and Conciliation
Service’’; and the Chairman of the National Mediation
Board is authorized to make available for official reception
and representation expenses not to exceed $2,500 from
funds available for ‘‘Salaries and expenses, National Medi-
ation Board’’.
SEC. 505. Notwithstanding any other provision of
this Act, no funds appropriated under this Act shall be
HR 2264 RH
used to carry out any program of distributing sterile nee-
dles for the hypodermic injection of any illegal drug unless
the Secretary of Health and Human Services determines
that such programs are effective in preventing the spread
of HIV and do not encourage the use of illegal drugs.
SEC. 506. (a) Purchase of American-Made Equip-
ment and Products.—It is the sense of the Congress that,
to the greatest extent practicable, all equipment and prod-
ucts purchased with funds made available in this Act
should be American-made.
(b) NOTICE REQUIREMENT.—In providing financial
assistance to, or entering into any contract with, any en-
tity using funds made available in this Act, the head of
each Federal agency, to the greatest extent practicable,
shall provide to such entity a notice describing the state-
ment made in subsection (a) by the Congress.
(c) PROHIBITION
OF CONTRACTS WITH PERSONS
FALSELY LABELING PRODUCTS AS MADE IN AMERICA.—
If it has been finally determined by a court or Federal
agency that any person intentionally affixed a label bear-
ing a ‘‘Made in America’’ inscription, or any inscription
with the same meaning, to any product sold in or shipped
to the United States that is not made in the United
States, the person shall be ineligible to receive any con-
tract or subcontract made with funds made available in
HR 2264 RH
this Act, pursuant to the debarment, suspension, and ineli-
gibility procedures described in sections 9.400 through
9.409 of title 48, Code of Federal Regulations.
SEC. 507. When issuing statements, press releases,
requests for proposals, bid solicitations and other docu-
ments describing projects or programs funded in whole or
in part with Federal money, all grantees receiving Federal
funds included in this Act, including but not limited to
State and local governments and recipients of Federal re-
search grants, shall clearly state (1) the percentage of the
total costs of the program or project which will be financed
with Federal money, (2) the dollar amount of Federal
funds for the project or program, and (3) percentage and
dollar amount of the total costs of the project or program
that will be financed by nongovernmental sources.
SEC. 508. None of the funds appropriated under this
Act shall be expended for any abortion except when it is
made known to the Federal entity or official to which
funds are appropriated under this Act that such procedure
is necessary to save the life of the mother or that the preg-
nancy is the result of an act of rape or incest.
SEC. 509. Notwithstanding any other provision of
law—
(1) no amount may be transferred from an ap-
propriation account for the Departments of Labor,
HR 2264 RH
Health and Human Services, and Education except
as authorized in this or any subsequent appropria-
tion Act, or in the Act establishing the program or
activity for which funds are contained in this Act;
(2) no department, agency, or other entity,
other than the one responsible for administering the
program or activity for which an appropriation is
made in this Act, may exercise authority for the tim-
ing of the obligation and expenditure of such appro-
priation, or for the purpose for which it is obligated
and expended, except to the extent and in the man-
ner otherwise provided in sections 1512 and 1513 of
title 31, United States Code; and
(3) no funds provided under this Act shall be
available for the salary (or any part thereof) of an
employee who is reassigned on a temporary detail
basis to another position in the employing agency or
department or in any other agency or department,
unless the detail is independently approved by the
head of the employing department or agency.
SEC. 510. None of the funds made available in this
Act may be used to enforce the requirements of section
428(b)(1)(U)(iii) of the Higher Education Act of 1965
with respect to any lender when it is made known to the
Federal official having authority to obligate or expend
HR 2264 RH
such funds that the lender has a loan portfolio under part
B of title IV of such Act that is equal to or less than
$5,000,000.
SEC. 511. (a) None of the funds made available in
this Act may be used for—
(1) the creation of a human embryo or embryos
for research purposes; or
(2) research in which a human embryo or em-
bryos are destroyed, discarded, or knowingly sub-
jected to risk of injury or death greater than that
allowed for research on fetuses in utero under 45
CFR 46.208(a)(2) and section 498(b) of the Public
Health Service Act (42 U.S.C. 289g(b)).
(b) For purposes of this section, the term ‘‘human
embryo or embryos’’ include any organism, not protected
as a human subject under 45 CFR 46 as of the date of
the enactment of this Act, that is derived by fertilization,
parthenogenesis, cloning, or any other means from one or
more human gametes or human diploid cells.
SEC. 512. (a) LIMITATION ON USE OF FUNDS FOR
PROMOTION OF LEGALIZATION OF CONTROLLED SUB-
STANCES.—None of the funds made available in this Act
may be used for any activity when it is made known to
the Federal official having authority to obligate or expend
such funds that the activity promotes the legalization of
HR 2264 RH
any drug or other substance included in schedule I of the
schedules of controlled substances established by section
202 of the Controlled Substances Act (21 U.S.C. 812).
(b) EXCEPTIONS.—The limitation in subsection (a)
shall not apply when it is made known to the Federal offi-
cial having authority to obligate or expend such funds that
there is significant medical evidence of a therapeutic ad-
vantage to the use of such drug or other substance or that
Federally-sponsored clinical trials are being conducted to
determine therapeutic advantage.
SEC. 513. None of the funds made available in this Act
may be obligated or expended to enter into or renew a
contract with an entity when it is made known to the Fed-
eral official having authority to obligate or expend such
funds that—
(1) such entity is otherwise a contractor with
the United States and is subject to the requirement
in section 4212(d) of title 38, United States Code,
regarding submission of an annual report to the Sec-
retary of Labor concerning employment of certain
veterans; and
(2) such entity has not submitted a report as
required by that section for the most recent year for
which such requirement was applicable to such en-
tity.
HR 2264 RH
SEC. 514. (a) FEES FOR FEDERAL ADMINISTRATION
OF STATE SUPPLEMENTARY SSI PAYMENTS.—
(1) OPTIONAL
STATE
SUPPLEMENTARY
PAY-
MENTS.—
(A) IN GENERAL.—Section 1616(d)(2)(B)
of 
the 
Social 
Security 
Act 
(42 
U.S.C.
1382e(d)(2)(B)) is amended—
(i) by striking ‘‘and’’ at the end of
clause (iii); and
(ii) by striking clause (iv) and insert-
ing the following:
‘‘(iv) for fiscal year 1997, $5.00;
‘‘(v) for fiscal year 1998, $6.20;
‘‘(vi) for fiscal year 1999, $7.60;
‘‘(vii) for fiscal year 2000, $7.80;
‘‘(viii) for fiscal year 2001, $8.10;
‘‘(ix) for fiscal year 2002, $8.50; and
‘‘(x) for fiscal year 2003 and each succeeding
fiscal year—
‘‘(I) the applicable rate in the preceding
fiscal year, increased by the percentage, if any,
by which the Consumer Price Index for the
month of June of the calendar year of the in-
crease exceeds the Consumer Price Index for
the month of June of the calendar year preced-
HR 2264 RH
ing the calendar year of the increase, and
rounded to the nearest whole cent; or
‘‘(II) such different rate as the Commis-
sioner determines is appropriate for the State.’’.
(B) CONFORMING
AMENDMENT.—Section
1616(d)(2)(C) 
of 
such 
Act 
(42 
U.S.C.
1382e(d)(2)(C)) 
is 
amended 
by 
striking
‘‘(B)(iv)’’ and inserting ‘‘(B)(x)(II)’’.
(2) MANDATORY STATE SUPPLEMENTARY PAY-
MENTS.—
(A) IN GENERAL.—Section 212(b)(3)(B)(ii)
of Public Law 93–66 (42 U.S.C. 1382 note) is
amended—
(i) by striking ‘‘and’’ at the end of
subclause (III); and
(ii) by striking subclause (IV) and in-
serting the following:
‘‘(IV) for fiscal year 1997, $5.00;
‘‘(V) for fiscal year 1998, $6.20;
‘‘(VI) for fiscal year 1999, $7.60;
‘‘(VII) for fiscal year 2000, $7.80;
‘‘(VIII) for fiscal year 2001, $8.10;
‘‘(IX) for fiscal year 2002, $8.50; and
‘‘(X) for fiscal year 2003 and each succeeding
fiscal year—
100
HR 2264 RH
‘‘(aa) the applicable rate in the preceding
fiscal year, increased by the percentage, if any,
by which the Consumer Price Index for the
month of June of the calendar year of the in-
crease exceeds the Consumer Price Index for
the month of June of the calendar year preced-
ing the calendar year of the increase, and
rounded to the nearest whole cent; or
‘‘(bb) such different rate as the Commis-
sioner determines is appropriate for the State.’’.
(B) CONFORMING
AMENDMENT.—Section
212(b)(3)(B)(iii) of such Act (42 U.S.C. 1382
note) is amended by striking ‘‘(ii)(IV)’’ and in-
serting ‘‘(ii)(X)(bb)’’.
(b) USE OF NEW FEES TO DEFRAY THE SOCIAL SE-
CURITY
ADMINISTRATION’S
ADMINISTRATIVE
EX-
PENSES.—
(1) CREDIT
TO
SPECIAL
FUND
FOR
FISCAL
YEAR 1998 AND SUBSEQUENT YEARS.—
(A) OPTIONAL
STATE
SUPPLEMENTARY
PAYMENT FEES.—Section 1616(d)(4) of the So-
cial Security Act (42 U.S.C. 1382e(d)(4)) is
amended to read as follows:
‘‘(4)(A) The first $5 of each administration fee as-
sessed pursuant to paragraph (2), upon collection, shall
101
HR 2264 RH
be deposited in the general fund of the Treasury of the
United States as miscellaneous receipts.
‘‘(B) That portion of each administration fee in ex-
cess of $5, and 100 percent of each additional services
fee charged pursuant to paragraph (3), upon collection for
fiscal year 1998 and each subsequent fiscal year, shall be
credited to a special fund established in the Treasury of
the United States for State supplementary payment fees.
The amounts so credited, to the extent and in the amounts
provided in advance in appropriations Acts, shall be avail-
able to defray expenses incurred in carrying out this title
and related laws.’’.
(B) MANDATORY STATE SUPPLEMENTARY
PAYMENT FEES.—Section 212(b)(3)(D) of Pub-
lic Law 93–66 (42 U.S.C. 1382 note) is amend-
ed to read as follows:
‘‘(D)(i) The first $5 of each administration fee as-
sessed pursuant to subparagraph (B), upon collection,
shall be deposited in the general fund of the Treasury of
the United States as miscellaneous receipts.
‘‘(ii) The portion of each administration fee in excess
of $5, and 100 percent of each additional services fee
charged pursuant to subparagraph (C), upon collection for
fiscal year 1998 and each subsequent fiscal year, shall be
credited to a special fund established in the Treasury of
102
HR 2264 RH
the United States for State supplementary payment fees.
The amounts so credited, to the extent and in the amounts
provided in advance in appropriations Acts, shall be avail-
able to defray expenses incurred in carrying out this sec-
tion and title XVI of the Social Security Act and related
laws.’’.
(2) LIMITATIONS ON AUTHORIZATION OF AP-
PROPRIATIONS.—From amounts credited pursuant
to section 1616(d)(4)(B) of the Social Security Act
and section 212(b)(3)(D)(ii) of Public Law 93–66 to
the special fund established in the Treasury of the
United States for State supplementary payment
fees, there is authorized to be appropriated an
amount not to exceed $35,000,000 for fiscal year
1998, and such sums as may be necessary for each
fiscal year thereafter, for administrative expenses in
carrying out the supplemental security income pro-
gram under title XVI of the Social Security Act and
related laws.
SEC. 515. Section 520(c)(2)(D) of the Departments
of Labor, Health and Human Services, and Education,
and Related Agencies Appropriations Act, 1997, is amend-
ed by striking ‘‘September 30, 1997’’ and inserting in lieu
thereof ‘‘December 31, 1997’’.