In the Senate of the United States,
September 17, 1997.
Resolved, That the bill from the House of Representa-
tives (H.R. 2264) entitled ‘‘An Act making appropriations for
the Departments of Labor, Health and Human Services, and
Education, and related agencies for the fiscal year ending
September 30, 1998, and for other purposes.’’, do pass with
the following
AMENDMENT:
Strike out all after the enacting clause and insert:
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:
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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 Stand-
ards Act of 1994; and the School-to-Work Opportunities
Act; $5,010,053,000 plus reimbursements, of which
$3,815,062,000 is available for obligation for the period
July 1, 1998 through June 30, 1999; of which $118,491,000
is available for the period July 1, 1998 through June 30,
2001 for necessary expenses of construction, rehabilitation,
and acquisition of Job Corps centers; and of which
$200,000,000 shall be available from July 1, 1998 through
September 30, 1999, for carrying out activities of the
School-to-Work 
Opportunities 
Act: 
Provided, 
That
$55,127,000 shall be for carrying out section 401 of the Job
Training Partnership Act, $72,749,000 shall be for carry-
ing out section 402 of such Act, $7,300,000 shall be for car-
rying out section 441 of such Act, $10,000,000 shall be for
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all activities conducted by and through the National Occu-
pational Information Coordinating Committee under such
Act, $955,000,000 shall be for carrying out title II, part
A of such Act, and $129,965,000 shall be for carrying out
title II, part C of such Act: Provided further, That the Na-
tional Occupational Information Coordinating Committee
is authorized, effective upon enactment, to charge fees for
publications, training and technical assistance developed by
the National Occupational Information Coordinating Com-
mittee: Provided further, That revenues received from publi-
cations and delivery of technical assistance and training,
notwithstanding 31 U.S.C. 3302, shall be credited to the
National Occupational Information Coordinating Commit-
tee program account and shall be available to the National
Occupational Information Coordinating Committee without
further appropriations, so long as such revenues are used
for authorized activities of the National Occupational Infor-
mation Coordinating Committee: 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 Training Part-
nership 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 granted if a substate
grantee demonstrates to the Governor that such waiver is
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appropriate due to the availability of low-cost retraining
services, is necessary to facilitate the provision of needs-re-
lated payments to accompany long-term training, or is nec-
essary to facilitate the provision of appropriate basic read-
justment services; and that funds provided for discretionary
grants under part B of such title III may be used to provide
needs-related payments to participants who, in lieu of meet-
ing the enrollment 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 funds provided to carry out section 324 of such Act
may be used for demonstation projects that provide assist-
ance to new entrants in the workforce and incumbent work-
ers: Provided further, That service delivery areas may
transfer funding provided herein under authority of title
II, parts B and C of the Job Training Partnership Act be-
tween the programs authorized by those titles of the Act,
if the transfer is approved by the Governor: Provided fur-
ther, 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: Provided further, That, notwithstanding any
other provision of law, any proceeds from the sale of Job
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Corps center facilities shall be retained by the Secretary of
Labor to carry out the Job Corps program: Provided fur-
ther, That notwithstanding any other provision of law, the
Secretary of Labor may waive any of the statutory or regu-
latory requirements of titles I–III of the Job Training Part-
nership Act (except for requirements relating to wage and
labor standards, worker rights, participation and protec-
tion, grievance procedures and judicial review, non-
discrimination, allocation of funds to local areas, eligi-
bility, 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 Wagner-Peyser Act (except for requirements relating
to the provision of services to unemployment insurance
claimants and veterans, and to universal access to basic
labor exchange services without cost to job seekers), only for
funds available for expenditure in program year 1998, pur-
suant to a request submitted by a State which identifies
the statutory or regulatory requirements that are requested
to be waived and the goals which the State or local service
delivery 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,
describes the goals of the waiver and the expected pro-
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grammatic outcomes if the request is granted, describes the
individuals impacted by the waiver, and describes the proc-
ess used to monitor the progress in implementing a waiver,
and for which notice and an opportunity to comment on
such request has been provided to the organizations identi-
fied in section 105(a)(1) of the Job Training Partnership
Act, if and only to the extent that the Secretary determines
that such requirements impede the ability of the State to
implement a plan to improve the workforce development
system and the State has executed a Memorandum of Un-
derstanding with the Secretary requiring such State to meet
agreed upon outcomes and implement other appropriate
measures to ensure accountability: 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 popu-
lations not in excess of 3,500,000, with a preference given
to those States that have been designated Ed-Flex Partner-
ship States under section 311(e) of Public Law 103–227,
to waive any statutory or regulatory requirement applica-
ble to service delivery areas or substate areas within the
State under titles I–III of the Job Training Partnership
Act (except for requirements relating to wage and labor
standards, grievance procedures and judicial review, non-
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discrimination, allotment of funds, and eligibility), and
any of the statutory or regulatory requirements of sections
8–10 of the Wagner-Peyser Act (except for requirements re-
lating to the provision of services to unemployment insur-
ance claimants and veterans, and to universal access to
basic labor exchange 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 submitted by such States and approved by the Sec-
retary for the provision of workforce employment and train-
ing activities in the States, which includes a description
of the process by which service delivery areas and substate
areas may apply for and have waivers approved by the
State, the requirements 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.
For necessary expenses of Opportunity Areas of Out-
of-School Youth, in addition to amounts otherwise provided
herein, $250,000,000, to be available for obligation for the
period October 1, 1998 through September 30, 1999, if job
training reform legislation authorizing this or similar at-
risk youth projects is enacted by April 1, 1998.
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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, $353,340,000.
To carry out the activities for grants to States under
paragraph (3) of section 506(a) of title V of the Older Amer-
icans Act of 1965, as amended, or to carry out older worker
activities as subsequently authorized, $99,660,000.
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 authoriz-
ing the administration of the program by that Department.
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, allowances for job search and relocation,
and 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, together with such
amounts as may be necessary to be charged to the subse-
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quent appropriation for payments for any period subse-
quent 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 $3,288,476,000 (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 obli-
gated in contracts with non-State entities for activities 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 Na-
tionality Act, as amended, and of which the sums available
in the allocation for activities authorized by title III of the
Social Security Act, as amended (42 U.S.C. 502–504), and
the sums available in the allocation for necessary adminis-
trative 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 acquisi-
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tions shall be available for obligation 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 said trust fund, shall be available for obli-
gation for the period July 1, 1998 through June 30, 1999,
to fund activities under the Act of June 6, 1933, as amend-
ed, including 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 $150,000,000
shall be available solely for the purpose of assisting States
to convert their automated State employment security agen-
cy systems to be year 2000 compliant, and of which
$212,333,000 shall be available only to the extent necessary
for additional State allocations to administer unemploy-
ment 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 Unemployment (AWIU) for fis-
cal year 1998 is projected by the Department of Labor to
exceed 2,789,000 an additional $28,600,000 shall be avail-
able 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 Administra-
tion Account of the Unemployment Trust Fund: Provided
further, That funds appropriated in this Act which are used
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to establish a national one-stop career center network may
be obligated in contracts, grants or agreements with non-
State entities: Provided further, That funds appropriated
under this Act for activities authorized under the Wagner-
Peyser Act, as amended, and title III of the Social Security
Act, may be used by the States to fund integrated Employ-
ment Service and Unemployment Insurance automation ef-
forts, notwithstanding 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 So-
cial Security Act, as amended, and to the Black Lung Dis-
ability 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 unemployment ben-
efits 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
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Black Lung Disability Trust Fund in the current fiscal
year, such sums as may be necessary.
PROGRAM ADMINISTRATION
For expenses of administering employment and train-
ing programs, $88,308,000, together with not to exceed
$41,285,000, which may be expended from the Employment
Security Administration account in the Unemployment
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 ex-
penses of completing the revision of the processing of em-
ployee 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, with-
in 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
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through September 30, 1998, for such Corporation: Pro-
vided, That not to exceed $10,433,000 shall be available for
administrative expenses of the Corporation: Provided fur-
ther, That expenses of such Corporation in connection with
the termination of pension plans, for the acquisition, pro-
tection or management, and investment of trust assets, and
for benefits administration services shall be considered as
non-administrative expenses for the purposes hereof, and ex-
cluded from the above limitation.
EMPLOYMENT STANDARDS ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses for the Employment Standards
Administration, including reimbursement to State, Federal,
and local agencies and their employees for inspection serv-
ices rendered, $299,660,000, 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 Work-
ers’ Compensation Act: Provided further, That the Secretary
of Labor is authorized to accept, retain, and spend, until
expended, in the name of the Department of Labor, all sums
of money ordered to be paid to the Secretary of Labor, in
accordance with the terms of the Consent Judgment in Civil
Action No. 91–0027 of the United States District Court for
the District of the Northern Mariana Islands (May 21,
1992): Provided further, That the Secretary of Labor is au-
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thorized 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 amend-
ed (29 U.S.C. 211(d) and 214) and for processing applica-
tions 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, chap-
ter 81 of the United States Code; continuation of benefits
as provided for under the head ‘‘Civilian War Benefits’’ in
the Federal Security Agency Appropriation Act, 1947; the
Employees’ Compensation Commission Appropriation Act,
1944; and sections 4(c) and 5(f) of the War Claims Act of
1948 (50 U.S.C. App. 2012); and 50 per centum of the addi-
tional compensation and benefits required 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 ap-
propriation for the payment of compensation and other ben-
efits for any period subsequent to August 15 of the current
year: Provided, That amounts appropriated may be used
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under section 8104 of title 5, United States Code, by the
Secretary to reimburse an employer, who is not the em-
ployer at the time of injury, for portions of the salary of
a reemployed, disabled beneficiary: Provided further, That
balances of reimbursements unobligated on September 30,
1997, shall remain available until expended for the pay-
ment of compensation, benefits, and expenses: Provided fur-
ther, That in addition there shall be transferred to this ap-
propriation from the Postal Service and from any other cor-
poration 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 administra-
tion for employees of such fair share entities through Sep-
tember 30, 1998: Provided further, That of those funds
transferred to this account from the fair share entities to
pay the cost of administration, $7,269,000 shall be made
available to the Secretary of Labor for expenditures relating
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
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claim, such identifying information (including Social Secu-
rity account number) as such regulations may prescribe.
BLACK LUNG DISABILITY TRUST FUND
(INCLUDING TRANSFER OF FUNDS)
For payments from the Black Lung Disability Trust
Fund, $1,007,000,000, of which $960,650,000 shall be avail-
able 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 inter-
est 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 Administration, Salaries and
Expenses, $19,551,000 for transfer to Departmental Man-
agement, Salaries and Expenses, $296,000 for transfer to
Departmental Management, Office of Inspector General,
and $356,000 for payment into miscellaneous receipts for
the expenses of the Department of 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 nec-
essary 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.
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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 Oc-
cupational Safety and Health Act, which grants shall be
no less than fifty percent of the costs of State occupational
safety and health programs required to be incurred under
plans approved by the Secretary under section 18 of the
Occupational Safety and Health Act of 1970; and, in addi-
tion, 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 collected, and may
utilize such sums for occupational safety and health train-
ing and education grants: Provided, That, notwithstanding
31 U.S.C. 3302, the Secretary of Labor is authorized, dur-
ing the fiscal year ending September 30, 1998, to collect
and retain fees for services provided to Nationally Recog-
nized Testing Laboratories, and may utilize such sums, in
accordance with the provisions of 29 U.S.C. 9a, to admin-
ister national and international laboratory recognition pro-
grams that ensure the safety of equipment and products
used by workers in the workplace: Provided further, That
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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 ap-
plicable to any person who is engaged in a farming oper-
ation which does not maintain a temporary labor camp
and employs ten or fewer employees: Provided further, That
no funds appropriated under this paragraph shall be obli-
gated or expended to administer 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 Standard 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 through the Bureau of Labor Statis-
tics, 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 citation
for violations found during such inspection, and to
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assess a penalty for violations which are not corrected
within a reasonable abatement period and for any
willful violations found;
(3) to take any action authorized by such Act
with respect to imminent dangers;
(4) to take any action authorized by such Act
with respect to health hazards;
(5) to take any action authorized by such Act
with respect to a report of an employment accident
which is fatal to one or more employees or which re-
sults in hospitalization of two or more employees, and
to take any action pursuant to such investigation au-
thorized 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
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, $205,804,000, including purchase and be-
stowal of certificates and trophies in connection with mine
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rescue and first-aid work, and the hire of passenger motor
vehicles; the Secretary is authorized to accept lands, build-
ings, equipment, and other contributions from public and
private sources and to prosecute projects in cooperation
with other agencies, Federal, State, or private; the Mine
Safety and Health Administration is authorized to promote
health and safety education and training in the mining
community through cooperative programs with States, in-
dustry, and safety associations; and any funds available to
the Department may be used, with the approval of the Sec-
retary, to provide for the costs of mine rescue and survival
operations in the event of a major disaster: Provided, That
none of the funds appropriated under this paragraph shall
be obligated or expended to carry out section 115 of the Fed-
eral Mine Safety and Health Act of 1977 or to carry out
that portion of section 104(g)(1) of such Act relating to the
enforcement of any training requirements, with respect to
shell dredging, or with respect to any sand, gravel, surface
stone, surface clay, colloidal phosphate, or surface limestone
mine.
BUREAU OF LABOR STATISTICS
SALARIES AND EXPENSES
For necessary expenses for the Bureau of Labor Statis-
tics, including advances or reimbursements to State, Fed-
eral, and local agencies and their employees for services ren-
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dered, $320,097,000, of which $15,430,000 shall be for ex-
penses of revising the Consumer Price Index and shall re-
main available until September 30, 1999, together with not
to exceed $52,574,000, which may be expended from the
Employment Security Administration account in the Un-
employment Trust Fund.
DEPARTMENTAL MANAGEMENT
SALARIES AND EXPENSES
For necessary expenses for Departmental Management,
including the hire of three sedans, and including up to
$4,439,000 for the President’s Committee on Employment
of People With Disabilities, $152,131,000; together with not
to exceed $282,000, which may be expended from the Em-
ployment Security Administration account in the Unem-
ployment Trust Fund: Provided, That no funds made avail-
able by this Act may be used by the Solicitor of Labor to
participate in a review in any United States court of ap-
peals of any decision made by the Benefits Review Board
under section 21 of the Longshore and Harbor Workers’
Compensation Act (33 U.S.C. 921) where such participa-
tion is precluded by the decision of the United States Su-
preme Court in Director, Office of Workers’ Compensation
Programs v. Newport News Shipbuilding, 115 S. Ct. 1278
(1995): Provided further, That no funds made available by
this Act may be used by the Secretary of Labor to review
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a decision under the Longshore and Harbor Workers’ Com-
pensation 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 fur-
ther, That these provisions shall not be applicable to the
review of any decision issued under the Black Lung Benefits
Act (30 U.S.C. 901 et seq.).
WORKING CAPITAL FUND
The paragraph under this heading in Public Law 85–
67 (29 U.S.C. 563) is amended by striking the last period
and inserting after ‘‘appropriation action’’ the following:
‘‘: Provided further, That the Secretary of Labor may trans-
fer annually an amount not to exceed $3,000,000 from un-
obligated balances in the Department’s salaries and ex-
penses accounts, to the unobligated balance of the Working
Capital Fund, to be merged with such Fund and used for
the acquisition of capital equipment and the improvement
of financial management, information technology and other
support systems, and to remain available until expended:
Provided further, That the unobligated balance of the Fund
shall not exceed $20,000,000.’’.
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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 Gen-
eral Act of 1978, as amended, $43,105,000, together with
not to exceed $3,645,000, which may be expended from the
Employment Security Administration account in the Un-
employment Trust Fund.
GENERAL PROVISIONS
SEC. 101. None of the funds appropriated in this title
for the Job Corps shall be used to pay the compensation
of an individual, either as direct costs or any proration
as an indirect cost, at a rate in excess of $125,000.
(TRANSFER OF FUNDS)
SEC. 102. Not to exceed 1 percent of any discretionary
funds (pursuant to the Balanced Budget and Emergency
Deficit Control Act, as amended) which are appropriated
for the current fiscal year for the Department of Labor in
this Act may be transferred between appropriations, but no
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such appropriation shall be increased by more than 3 per-
cent by any such transfer: Provided, That the Appropria-
tions 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-
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 further,
That no funds made available in this Act may be used by
the Occupational Safety and Health Administration to en-
force voluntary guidelines through section 5 (general duty
clause) of the Occupational Safety and Health Act.
SEC. 105. Section 13(b)(12) of the Fair Labor Stand-
ards Act of 1938 (29 U.S.C. 213(b)(12)) is amended by in-
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serting after ‘‘water’’ the following: ‘‘, at least 90 percent
of which is ultimately delivered’’.
SEC. 106. (a) IN GENERAL.—Except as provided in
subsection (b), none of the funds made available under this
Act, or any other Act making appropriations for fiscal year
1998, may be used by the Department of Labor or the De-
partment of Justice to conduct a rerun of a 1996 election
for the office of President, General Secretary, Vice-Presi-
dent, or Trustee of the International Brotherhood of Team-
sters.
(b) EXCEPTION.—
(1) IN GENERAL.—Upon the submission to Con-
gress of a certification by the President of the United
States that the International Brotherhood of Team-
sters does not have funds sufficient to conduct a rerun
of a 1996 election for the office of President, General
Secretary, Vice-President, or Trustee of the Inter-
national Brotherhood of Teamsters, the President of
the United States may transfer funds from the De-
partment of Justice and the Department of Labor for
the conduct and oversight of such a rerun election.
(2) REQUIREMENT.—Prior to the transfer of
funds under paragraph (1), the International Broth-
erhood of Teamsters shall agree to repay the Secretary
of the Treasury for the costs incurred by the Depart-
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ment of Labor and the Department of Justice in con-
nection with the conduct of an election described in
paragraph (1). Such agreement shall provide that any
such repayment plan be reasonable and practicable,
as determined by the Attorney General and the Sec-
retary of the Treasury, and be structured in a man-
ner that permits the International Brotherhood of
Teamsters to continue to operate.
(3) 
REPAYMENT
PLAN.—The 
International
Brotherhood of Teamsters shall submit to the Presi-
dent of the United States, the Majority and Minority
Leaders of the Senate, the Majority and Minority
Leaders of the House of Representatives, and the
Speaker of the House of Representatives, a plan for
the repayment of amounts described in paragraph
(2), at an interest rate equal to the Federal underpay-
ment rate established under section 6621(a)(2) of the
Internal Revenue Code of 1986 as in effect for the cal-
ender quarter in which the plan is submitted, prior
to the expenditure of any funds under this section.
(c) EFFECTIVE DATE.—This section shall take effect
one day after enactment of this Act.
This title may be cited as the ‘‘Department of Labor
Appropriations Act, 1998’’.
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TITLE II—DEPARTMENT OF HEALTH AND
HUMAN SERVICES
HEALTH RESOURCES AND SERVICES ADMINISTRATION
HEALTH RESOURCES AND SERVICES
For carrying out titles II, III, VII, VIII, X, XII, XVI,
XIX, and XXVI of the Public Health Service Act, section
427(a) of the Federal Coal Mine Health and Safety Act,
title V of the Social Security Act, and the Health Care
Quality Improvement Act of 1986, as amended, and the Na-
tive Hawaiian Health Care Act of 1988, as amended,
$3,449,071,000, of which $225,000 shall remain available
until expended for interest subsidies on loan guarantees
made prior to fiscal year 1981 under part B of title VII
of the Public Health Service Act: Provided, That the Divi-
sion of Federal Occupational Health may utilize personal
services contracting to employ professional management/ad-
ministrative and occupational health professionals: Pro-
vided 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 informa-
tion under the Act sufficient to recover the full costs of oper-
ating 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-
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vided further, That of the funds made available under this
heading, $208,452,000 shall be for the program under title
X of the Public Health Service Act to provide for voluntary
family planning projects: Provided further, That amounts
provided to said projects under such title shall not be ex-
pended for abortions, that all pregnancy counseling shall
be nondirective, and that such amounts shall not be ex-
pended for any activity (including the publication or dis-
tribution of literature) that in any way tends to promote
public support or opposition to any legislative proposal or
candidate for public office: Provided further, That
$217,000,000 shall be for State AIDS Drug Assistance Pro-
grams authorized by section 2616 of the Public Health Serv-
ice Act: Provided further, That notwithstanding any other
provision of law, funds made available under this heading
may be used to continue operating the Council on Graduate
Medical Education established by section 301 of Public Law
102–408: Provided further, That, of the funds made avail-
able under this heading, not more than $6,000,000 shall be
made available and shall remain available until expended
for loan guarantees for loans funded under part A of title
XVI of the Public Health Service Act as amended, made
by non-Federal lenders for the construction, renovation, and
modernization of medical facilities that are owned and op-
erated by health centers, and for loans made to health cen-
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ters under section 330(d) of the Public Health Service Act
as amended by Public Law 104–299, and that such funds
be available to subsidize guarantees of total loan principal
in an amount not to exceed $80,000,000: Provided further,
That notwithstanding section 502(a)(1) of the Social Secu-
rity Act, not to exceed $103,609,000 is available for carry-
ing out special projects of regional and national signifi-
cance pursuant to section 501(a)(2) of such Act.
MEDICAL FACILITIES GUARANTEE AND LOAN FUND
FEDERAL INTEREST SUBSIDIES FOR MEDICAL FACILITIES
For carrying out subsections (d) and (e) of section
1602 of the Public Health Service Act, $6,000,000, together
with any amounts received by the Secretary in connection
with loans and loan guarantees under title VI of the Public
Health Service Act, to be available without fiscal year limi-
tation for the payment of interest subsidies. During the fis-
cal year, no commitments for direct loans or loan guaran-
tees 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 further,
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That these funds are available to subsidize gross obligations
for the total loan principal any part of which is to be guar-
anteed at not to exceed $85,000,000: Provided further, That
the Secretary may use up to $1,000,000 derived by transfer
from insurance premiums collected from guaranteed loans
made under title VII of the Public Health Service Act for
the purpose of carrying out section 709 of that Act. In addi-
tion, for administrative expenses to carry out the guaran-
teed loan program, $2,688,000.
VACCINE INJURY COMPENSATION PROGRAM TRUST FUND
For payments from the Vaccine Injury Compensation
Program Trust Fund, such sums as may be necessary for
claims associated with vaccine-related injury or death with
respect to vaccines administered after September 30, 1988,
pursuant to subtitle 2 of title XXI of the Public Health
Service Act, to remain available until expended: Provided,
That for necessary administrative expenses, not to exceed
$3,000,000 shall be available from the Trust Fund to the
Secretary of Health and Human Services.
CENTERS FOR DISEASE CONTROL AND PREVENTION
DISEASE CONTROL, RESEARCH, AND TRAINING
To carry out titles II, III, VII, XI, XV, XVII, and XIX
of the Public Health Service Act, sections 101, 102, 103,
201, 202, 203, 301, and 501 of the Federal Mine Safety
and Health Act of 1977, and sections 20, 21 and 22 of the
Occupational Safety and Health Act of 1970, title IV of
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the Immigration and Nationality Act and section 501 of
the Refugee Education Assistance Act of 1980; including in-
surance of official motor vehicles in foreign countries; and
hire, 
maintenance, 
and 
operation 
of 
aircraft,
$2,317,113,000, of which $23,007,000 shall remain avail-
able 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 pro-
vided herein, up to $70,063,000 shall be available from
amounts available under section 241 of the Public Health
Service Act, to carry out the National Center for Health
Statistics surveys: Provided further, That none of the funds
made available for injury prevention and control at the
Centers for Disease Control and Prevention may be used
to advocate or promote gun control: 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 Director may so des-
ignate: Provided further, That the Congress is to be notified
promptly of any such transfer.
In addition, $51,000,000, to be derived from the Vio-
lent Crime Reduction Trust Fund, for carrying out sections
40151 and 40261 of Public Law 103–322.
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NATIONAL INSTITUTES OF HEALTH
NATIONAL CANCER INSTITUTE
For carrying out section 301 and title IV of the Public
Health Service Act with respect to cancer, $2,558,377,000.
NATIONAL HEART, LUNG, AND BLOOD INSTITUTE
For carrying out section 301 and title IV of the Public
Health Service Act with respect to cardiovascular, lung,
and blood diseases, and blood and blood products,
$1,539,898,000.
NATIONAL INSTITUTE OF DENTAL RESEARCH
For carrying out section 301 and title IV of the Public
Health Service Act with respect to dental disease,
$211,611,000.
NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND
KIDNEY DISEASES
For carrying out section 301 and title IV of the Public
Health Service Act with respect to diabetes and digestive
and kidney disease, $883,321,000.
NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS AND
STROKE
For carrying out section 301 and title IV of the Public
Health Service Act with respect to neurological disorders
and stroke, $781,351,000.
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NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS
DISEASES
For carrying out section 301 and title IV of the Public
Health Service Act with respect to allergy and infectious
diseases, $1,359,688,000.
NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES
For carrying out section 301 and title IV of the Public
Health Service Act with respect to general medical sciences,
$1,058,969,000.
NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN
DEVELOPMENT
For carrying out section 301 and title IV of the Public
Health Service Act with respect to child health and human
development, $676,870,000.
NATIONAL EYE INSTITUTE
For carrying out section 301 and title IV of the Public
Health Service Act with respect to eye diseases and visual
disorders, $357,695,000.
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, $331,969,000.
NATIONAL INSTITUTE ON AGING
For carrying out section 301 and title IV of the Public
Health Service Act with respect to aging, $520,705,000.
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NATIONAL INSTITUTE OF ARTHRITIS AND
MUSCULOSKELETAL AND SKIN DISEASES
For carrying out section 301 and title IV of the Public
Health Service Act with respect to arthritis and musculo-
skeletal and skin diseases, $272,631,000.
NATIONAL INSTITUTE ON DEAFNESS AND OTHER
COMMUNICATION DISORDERS
For carrying out section 301 and title IV of the Public
Health Service Act with respect to deafness and other com-
munication disorders, $200,428,000.
NATIONAL INSTITUTE OF NURSING RESEARCH
For carrying out section 301 and title IV of the Public
Health Service Act with respect to nursing research,
$64,016,000.
NATIONAL INSTITUTE ON ALCOHOL ABUSE AND
ALCOHOLISM
For carrying out section 301 and title IV of the Public
Health Service Act with respect to alcohol abuse and alco-
holism, $228,585,000.
NATIONAL INSTITUTE ON DRUG ABUSE
For carrying out section 301 and title IV of the Public
Health 
Service 
Act 
with 
respect 
to 
drug 
abuse,
$531,751,000.
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NATIONAL INSTITUTE OF MENTAL HEALTH
For carrying out section 301 and title IV of the Public
Health Service Act with respect to mental health,
$753,334,000.
NATIONAL HUMAN GENOME RESEARCH INSTITUTE
For carrying out section 301 and title IV of the Public
Health Service Act with respect to human genome research,
$218,851,000.
NATIONAL CENTER FOR RESEARCH RESOURCES
For carrying out section 301 and title IV of the Public
Health Service Act with respect to research resources and
general research support grants, $455,805,000: Provided,
That none of these funds shall be used to pay recipients
of the general research support grants program any amount
for indirect expenses in connection with such grants: Pro-
vided further, That $20,000,000 shall be for extramural fa-
cilities construction grants.
JOHN E. FOGARTY INTERNATIONAL CENTER
For carrying out the activities at the John E. Fogarty
International Center, $28,468,000.
NATIONAL LIBRARY OF MEDICINE
For carrying out section 301 and title IV of the Public
Health Service Act with respect to health information com-
munications, $162,825,000, of which $4,000,000 shall be
available until expended for improvement of information
systems: Provided, That in fiscal year 1998, the Library
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may enter into personal services contracts for the provision
of services in facilities owned, operated, or constructed
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, $292,196,000 of
which $40,266,000 shall be for the Office of AIDS Research:
Provided, That funding shall be available for the purchase
of not to exceed five passenger motor vehicles for 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
activities the Director may so designate: Provided further,
That no such appropriation shall be decreased by more than
1 percent by any such transfers and that the Congress is
promptly notified of the transfer: Provided further, That
NIH is authorized to collect third party payments for the
cost of clinical services that are incurred in National Insti-
tutes of Health research facilities and that such payments
shall be credited to the National Institutes of Health Man-
agement Fund: Provided further, That all funds credited
to the NIH Management Fund shall remain available for
one fiscal year after the fiscal year in which they are depos-
ited: Provided further, That up to $500,000 shall be avail-
able to carry out section 499 of the Public Health Service
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Act: Provided further, That $13,000,000 shall be available
to carry out section 404E 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,
$203,500,000, to remain available until expended, of which
$90,000,000 shall be for the clinical research center: Pro-
vided, That, notwithstanding any other provision of law,
a single contract or related contracts for the development
and construction of the clinical research center may be em-
ployed which collectively include the full scope of the project:
Provided further, That the solicitation and contract shall
contain the clause ‘‘availability of funds’’ found at 48 CFR
52.232–18.
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,
$2,126,643,000 of which $10,000,000 shall be for grants to
rural and Native American projects: Provided, That in ad-
dition to amounts provided herein, up to $10,000,000 shall
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be available from amounts available under section 241 of
the Public Health Service Act, for State-level data collection
activities by the National Household Survey on Drug
Abuse: Provided further, That notwithstanding any other
provision of law, each State’s allotment for fiscal year 1998
for each of the programs under subparts I and II of part
B of title XIX of the Public Health Service Act shall be
equal to such State’s allotment for such programs for fiscal
year 1997.
RETIREMENT PAY AND MEDICAL BENEFITS FOR
COMMISSIONED OFFICERS
For retirement pay and medical benefits of Public
Health 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 Depend-
ents’ Medical Care Act (10 U.S.C. ch. 55), and for payments
pursuant to section 229(b) of the Social Security Act (42
U.S.C. 429(b)), such amounts as may be required during
the current fiscal year.
AGENCY FOR HEALTH CARE POLICY AND RESEARCH
HEALTH CARE POLICY AND RESEARCH
For carrying out titles III and IX of the Public Health
Service Act, and part A of title XI of the Social Security
Act, $77,587,000; in addition, amounts received from Free-
dom of Information Act fees, reimbursable and interagency
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agreements, and the sale of data tapes shall be credited to
this appropriation and shall remain available until ex-
pended: Provided, That the amount made available pursu-
ant to section 926(b) of the Public Health Service Act shall
not exceed $65,000,000.
HEALTH CARE FINANCING ADMINISTRATION
GRANTS TO STATES FOR MEDICAID
For carrying out, except as otherwise provided, titles
XI and XIX of the Social Security Act, $71,602,429,000,
to remain available until expended.
For making, after May 31, 1998, payments to States
under title XIX of the Social Security Act for the last quar-
ter of fiscal year 1998 for unanticipated costs, incurred for
the current fiscal year, such sums as may be necessary.
For making payments to States under title XIX of the
Social Security Act for the first quarter of fiscal year 1999,
$27,800,689,000, to remain available until expended.
Payment under title XIX may be made for any quarter
with respect to a State plan or plan amendment in effect
during such quarter, if submitted in or prior to such quar-
ter and approved in that or any subsequent quarter.
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-
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cial Security Amendments of 1965, section 278(d) of Public
Law 97–248, and for administrative expenses incurred pur-
suant 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 section
191 of Public Law 104–191, not to exceed $1,719,241,000
to be transferred from the Federal Hospital Insurance and
the Federal Supplementary Medical Insurance Trust
Funds, as authorized by section 201(g) of the Social Secu-
rity Act; together with all funds collected in accordance with
section 353 of the Public Health Service Act, the latter
funds to remain available until expended, together with
such sums as may be collected from authorized user fees and
the sale of data, which shall remain available until ex-
pended, and together with administrative fees collected rel-
ative to medicare overpayment recovery activities, which
shall remain available until expended: Provided, That all
funds derived in accordance with 31 U.S.C. 9701 from or-
ganizations established under title XIII of the Public Health
Service Act are to be credited to and available for carrying
out the purposes of this appropriation: Provided further,
That $900,000 shall be for carrying out section 4021 of Pub-
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lic Law 105–33: Provided further, That in carrying out its
legislative mandate, the National Bipartisan Commission
on the Future of Medicare shall examine the role increased
investments in health research can play in reducing future
Medicare costs, and the potential for coordinating Medicare
with cost-effective long-term care services: Provided further,
That $54,100,000 appropriated under this heading for the
development of, transition to, and implementation of the
Medicare Transaction System shall remain available until
expended: Provided further, That $2,000,000 of the amount
available for research, demonstration, and evaluation ac-
tivities shall be available for carrying out demonstration
projects on Medicaid coverage of community-based attend-
ant care services for people with disabilities which ensures
maximum control by the consumer to select and manage
their attendant care services: Provided further, That no less
than $50,000,000 appropriated under this heading in fiscal
year 1997 shall be obligated in fiscal year 1997 to increase
medicare provider audits and implement the Department’s
corrective action plan to the Chief Financial Officer’s audit
of the Health Care Financing Administration’s oversight
of medicare.
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-
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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 effec-
tive 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 appropriation and
under such title IV–A as amended by the Personal Respon-
sibility and Work Opportunity Reconciliation Act of 1996
shall not exceed the limitations under section 116(b) of such
Act: Provided further, That, notwithstanding section 418(a)
of the Social Security Act, for fiscal year 1997 only, the
amount of payment under section 418(a)(1) to which each
State is entitled shall equal the amount specified as manda-
tory funds with respect to such State for such fiscal year
in the table transmitted by the Administration for Children
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and Families to State Child Care and Development Block
Grant Lead Agencies on August 27, 1996, and the amount
of State expenditures in fiscal year 1994 or 1995 (whichever
is greater) that equals the non-Federal share for the pro-
grams described in section 418(a)(1)(A) shall be deemed to
equal the amount specified as maintenance of effort with
respect to such State for fiscal year 1997 in such table.
For making, after May 31 of the current fiscal year,
payments to States or other non-Federal entities under ti-
tles 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, $1,200,000,000, 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-
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ignated by Congress to be emergency requirements pursuant
to section 251(b)(2)(D) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985: Provided further, That
these funds shall be made available only after submission
to Congress of a formal budget request by the President that
includes designation of the entire amount of the request as
an emergency requirement as defined in the Balanced
Budget and Emergency Deficit Control Act.
REFUGEE AND ENTRANT ASSISTANCE
For making payments for refugee and entrant 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),
$392,332,000: Provided, That funds appropriated pursuant
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 ac-
tivities 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), in addi-
tion to amounts already appropriated for fiscal year 1998,
$26,120,000; and to become available on October 1, 1998
and remain available through September 30, 1999,
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$1,000,000,000: Provided, 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 activities, of which for fiscal year 1998
$6,120,000 shall be derived from an amount that shall be
transferred from the amount appropriated under section
452(j) of the Social Security Act (42 U.S.C. 652(j)) for fis-
cal year 1997 and remaining available for expenditure.
SOCIAL SERVICES BLOCK GRANT
For making grants to States pursuant to section 2002
of the Social Security Act, $2,245,000,000: Provided, That
notwithstanding section 2003(c) of such Act, as amended,
the amount specified for allocation under such section for
fiscal year 1998 shall be $2,245,000,000.
CHILDREN AND FAMILIES SERVICES PROGRAMS
(INCLUDING RESCISSIONS)
For carrying out, except as otherwise provided, the
Runaway and Homeless Youth Act, the Developmental Dis-
abilities Assistance and Bill of Rights Act, the Head Start
Act, the Child Abuse Prevention and Treatment Act, (in-
cluding section 105(a)(2) of the Child Abuse Prevention and
Treatment Act), the Native American Programs Act of
1974, title II of Public Law 95–266 (adoption opportuni-
ties), the Abandoned Infants Assistance Act of 1988, part
B(1) of title IV and sections 413, 429A and 1110 of the
Social Security Act; for making payments under the Com-
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munity Services Block Grant Act; and for necessary admin-
istrative expenses 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
Reconciliation Act of 1981, title IV of the Immigration and
Nationality Act, section 501 of the Refugee Education As-
sistance Act of 1980, and section 126 and titles IV and V
of Public Law 100–485, $5,611,094,000, of which
$539,432,000 shall be for making payments under the Com-
munity Services Block Grant Act: Provided, That to the ex-
tent 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 carryover into the
next fiscal year for expenditure by such entity consistent
with program purposes: Provided further, That notwith-
standing any other provision of law, 10 percent of any ad-
ditional funds for Head Start over the fiscal year 1997 ap-
propriation shall be made available for Early Head Start
programs.
In addition, $93,000,000, to be derived from the Vio-
lent Crime Reduction Trust Fund, for carrying out sections
40155, 40211 and 40241 of Public Law 103–322.
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Funds appropriated for fiscal year 1998 under section
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 section
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 provided,
the 
Older 
Americans 
Act 
of 
1965, 
as 
amended,
$894,074,000: 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 available to such State for such purpose
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for fiscal year 1995: Provided further, That of the funds
appropriated to carry out section 303(a)(1) of such Act,
$4,449,000 shall be available for carrying out section 702(a)
of such Act and $4,732,000 shall be available for carrying
out section 702(c) of such Act: Provided further, That in
considering grant applications for nutrition services for
elder Indian recipients, the Assistant Secretary shall pro-
vide maximum flexibility to applicants who seek to take
into account subsistence, local customs, and other character-
istics that are appropriate to the unique cultural, regional,
and geographic needs of the American Indian, Alaskan and
Hawaiian native communities to be served.
OFFICE OF THE SECRETARY
GENERAL DEPARTMENTAL MANAGEMENT
For necessary expenses, not otherwise provided, for
general departmental management, including hire of six se-
dans, and for carrying out titles III, XVII, and XX of the
Public Health Service Act, the United States-Mexico Border
Health Commission Act, and research studies under section
1110 of the Socal Security Act, $174,588,000, together with
$5,851,000, to be transferred and expended as authorized
by section 201(g)(1) of the Social Security Act from the
Hospital Insurance Trust Fund and the Supplemental
Medical Insurance Trust Fund.
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OFFICE OF INSPECTOR GENERAL
For expenses necessary for the Office of Inspector Gen-
eral in carrying out the provisions of the Inspector General
Act of 1978, as amended, $31,921,000.
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 Hospital Insurance
Trust Fund and the Supplemental Medical Insurance Trust
Fund.
POLICY RESEARCH
For carrying out, to the extent not otherwise provided,
research studies under section 1110 of the Social Security
Act, $9,500,000.
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
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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 Public
Health Service Act or section 1503 of the National Insti-
tutes 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 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 submis-
sion of a report to the Committee on Appropriations 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
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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 discretionary
funds (pursuant to the Balanced Budget and Emergency
Deficit Control Act, as amended) which are appropriated
for the current fiscal year for the Department of Health and
Human Services 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 Con-
gress are notified at least fifteen 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 Re-
search, may transfer up to 3 percent among institutes, cen-
ters, 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 Director
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of the Office of AIDS Research, shall be made available to
the ‘‘Office of AIDS Research’’ account. The Director 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.
COMPREHENSIVE INDEPENDENT STUDY OF NIH RESEARCH
PRIORITY SETTING
SEC. 211. (a) STUDY BY THE INSTITUTE OF MEDI-
CINE.—Not later than 30 days after the date of enactment
of this Act, the Secretary of Health and Human Services
shall enter into a contract with the Institute of Medicine
to conduct a comprehensive study of the policies and process
used by the National Institutes of Health to determine fund-
ing allocations for biomedical research.
(b) MATTERS TO BE ASSESSED.—The study under
subsection (a) shall assess—
(1) the factors or criteria used by the National
Institutes of Health to determine funding allocations
for disease research;
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(2) the process by which research funding deci-
sions are made;
(3) the mechanisms for public input into the pri-
ority setting process; and
(4) the impact of statutory directives on research
funding decisions.
(c) REPORT.—
(1) IN GENERAL.—Not later than 6 months after
the date on which the Secretary of Health and
Human Services enters into the contract under sub-
section (a), the Institute of Medicine shall submit a
report concerning the study to the Committee on
Labor and Human Resources and the Committee on
Appropriations of the Senate, and the Committee on
Commerce and the Committee on Appropriations of
the House of Representatives.
(2) REQUIREMENT.—The report under para-
graph (1) shall set forth the findings, conclusions, and
recommendations of the Institute of Medicine for im-
provements in the National Institutes of Health re-
search funding policies and processes and for any
necessary congressional action.
(d) FUNDING.—Of the amount appropriated in this
title for the National Institutes of Health, $300,000 shall
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be made available for the study and report under this sec-
tion.
PARKINSON’S DISEASE RESEARCH.
SEC. 212. (a) SHORT TITLE.—This section may be
cited as the ‘‘Morris K. Udall Parkinson’s Research Act of
1997’’.
(b) FINDING AND PURPOSE.—
(1) FINDING.—Congress finds that to take full
advantage of the tremendous potential for finding a
cure or effective treatment, the Federal investment in
Parkinson’s must be expanded, as well as the coordi-
nation strengthened among the National Institutes of
Health research institutes.
(2) PURPOSE.—It is the purpose of this section
to provide for the expansion and coordination of re-
search regarding Parkinson’s, and to improve care
and assistance for afflicted individuals and their fam-
ily caregivers.
(c) PARKINSON’S RESEARCH.—Part B of title IV of
the Public Health Service Act (42 U.S.C. 284 et seq.) is
amended by adding at the end the following:
‘‘PARKINSON’S DISEASE
‘‘SEC. 409B. (a) IN GENERAL.—The Director of NIH
shall establish a program for the conduct and support of
research and training with respect to Parkinson’s disease
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(subject to the extent of amounts appropriated under sub-
section (e)).
‘‘(b) INTER-INSTITUTE COORDINATION.—
‘‘(1) IN GENERAL.—The Director of NIH shall
provide for the coordination of the program estab-
lished under subsection (a) among all of the national
research institutes conducting Parkinson’s research.
‘‘(2) CONFERENCE.—Coordination under para-
graph (1) shall include the convening of a research
planning conference not less frequently than once
every 2 years. Each such conference shall prepare and
submit to the Committee on Appropriations and the
Committee on Labor and Human Resources of the
Senate and the Committee on Appropriations and the
Committee on Commerce of the House of Representa-
tives a report concerning the conference.
‘‘(c) MORRIS K. UDALL RESEARCH CENTERS.—
‘‘(1) IN GENERAL.—The Director of NIH shall
award Core Center Grants to encourage the develop-
ment of innovative multidisciplinary research and
provide training concerning Parkinson’s. The Direc-
tor shall award not more than 10 Core Center Grants
and designate each center funded under such grants
as a Morris K. Udall Center for Research on Parkin-
son’s Disease.
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‘‘(2) REQUIREMENTS.—
‘‘(A) IN GENERAL.—With respect to Parkin-
son’s, each center assisted under this subsection
shall—
‘‘(i) use the facilities of a single insti-
tution or a consortium of cooperating insti-
tutions, and meet such qualifications as
may be prescribed by the Director of the
NIH; and
‘‘(ii) conduct basic and clinical re-
search.
‘‘(B) 
DISCRETIONARY
REQUIREMENTS.—
With respect to Parkinson’s, each center assisted
under this subsection may—
‘‘(i) conduct training programs for sci-
entists and health professionals;
‘‘(ii) conduct programs to provide in-
formation and continuing education to
health professionals;
‘‘(iii) conduct programs for the dis-
semination of information to the public;
‘‘(iv) separately or in collaboration
with other centers, establish a nationwide
data system derived from patient popu-
lations with Parkinson’s, and where pos-
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sible, comparing relevant data involving
general populations;
‘‘(v) separately or in collaboration
with other centers, establish a Parkinson’s
Disease Information Clearinghouse to facili-
tate and enhance knowledge and under-
standing of Parkinson’s disease; and
‘‘(vi) separately or in collaboration
with other centers, establish a national edu-
cation program that fosters a national focus
on Parkinson’s and the care of those with
Parkinson’s.
‘‘(3) STIPENDS
REGARDING
TRAINING
PRO-
GRAMS.—A center may use funds provided under
paragraph (1) to provide stipends for scientists and
health professionals enrolled in training programs
under paragraph (2)(B).
‘‘(4) DURATION OF SUPPORT.—Support of a cen-
ter under this subsection may be for a period not ex-
ceeding five years. Such period may be extended by
the Director of NIH for one or more additional peri-
ods of not more than five years if the operations of
such center have been reviewed by an appropriate
technical and scientific peer review group established
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by the Director and if such group has recommended
to the Director that such period should be extended.
‘‘(d) MORRIS K. UDALL AWARDS FOR EXCELLENCE IN
PARKINSON’S DISEASE RESEARCH.—The Director of NIH
shall establish a grant program to support investigators
with a proven record of excellence and innovation in Par-
kinson’s research and who demonstrate potential for signifi-
cant future breakthroughs in the understanding of the
pathogensis, diagnosis, and treatment of Parkinson’s.
Grants under this subsection shall be available for a period
of not to exceed 5 years.
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—For the
purpose of carrying out this section and section 301 and
title IV of the Public Health Service Act with respect to
direct Parkinson’s disease research, there are authorized to
be appropriated a total of $100,000,000 for fiscal year 1998,
and such sums as may be necessary for each of the fiscal
years 1999 and 2000.’’.
COMPREHENSIVE FETAL ALCOHOL SYNDROME PREVENTION
SEC. 213. (a) SHORT TITLE.—This section may be
cited as the ‘‘Comprehensive Fetal Alcohol Syndrome Pre-
vention Act’’.
(b) FINDINGS.—Congress finds that—
(1) Fetal Alcohol Syndrome is the leading known
cause of mental retardation, and it is 100 percent
preventable;
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(2) each year, up to 12,000 infants are born in
the United States with Fetal Alcohol Syndrome, suf-
fering irreversible physical and mental damage;
(3) thousands more infants are born each year
with Fetal Alcohol Effects, which are lesser, though
still serious, alcohol-related birth defects;
(4) children of women who use alcohol while
pregnant have a significantly higher infant mortality
rate (13.3 per 1000) than children of those women
who do not use alcohol (8.6 per 1000);
(5) Fetal Alcohol Syndrome and Fetal Alcohol
Effects are national problems which can impact any
child, family, or community, but their threat to
American Indians and Alaska Natives is especially
alarming;
(6) in some American Indian communities,
where alcohol dependency rates reach 50 percent and
above, the chances of a newborn suffering Fetal Alco-
hol Syndrome or Fetal Alcohol Effects are up to 30
times greater than national averages;
(7) in addition to the immeasurable toll on chil-
dren and their families, Fetal Alcohol Syndrome and
Fetal Alcohol Effects pose extraordinary financial
costs to the Nation, including the costs of health care,
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education, foster care, job training, and general sup-
port services for affected individuals;
(8) the total cost to the economy of Fetal Alcohol
Syndrome was approximately $2,700,000,000 in
1995, and over a lifetime, health care costs for one
Fetal Alcohol Syndrome child are estimated to be at
least $1,400,000;
(9) researchers have determined that the possibil-
ity of giving birth to a baby with Fetal Alcohol Syn-
drome or Fetal Alcohol Effects increases in proportion
to the amount and frequency of alcohol consumed by
a pregnant woman, and that stopping alcohol con-
sumption at any point in the pregnancy reduces the
emotional, physical, and mental consequences of alco-
hol exposure to the baby; and
(10) though approximately 1 out of every 5 preg-
nant women drink alcohol during their pregnancy, we
know of no safe dose of alcohol during pregnancy, or
of any safe time to drink during pregnancy, thus, it
is in the best interest of the Nation for the Federal
Government to take an active role in encouraging all
women to abstain from alcohol consumption during
pregnancy.
(c) PURPOSE.—It is the purpose of this section to es-
tablish, within the Department of Health and Human Serv-
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ices, a comprehensive program to help prevent Fetal Alcohol
Syndrome and Fetal Alcohol Effects nationwide. Such pro-
gram shall—
(1) coordinate, support, and conduct basic and
applied epidemiologic research concerning Fetal Alco-
hol Syndrome and Fetal Alcohol Effects;
(2) coordinate, support, and conduct national,
State, and community-based public awareness, pre-
vention, and education programs on Fetal Alcohol
Syndrome and Fetal Alcohol Effects; and
(3) foster coordination among all Federal agen-
cies that conduct or support Fetal Alcohol Syndrome
and Fetal Alcohol Effects research, programs, and
surveillance and otherwise meet the general needs of
populations actually or potentially impacted by Fetal
Alcohol Syndrome and Fetal Alcohol Effects.
(d) ESTABLISHMENT OF PROGRAM.—Title III of the
Public Health Service Act (42 U.S.C. 241 et seq.) is amend-
ed by adding at the end the following:
‘‘PART O—FETAL ALCOHOL SYNDROME
PREVENTION PROGRAM
‘‘SEC. 399G. ESTABLISHMENT OF FETAL ALCOHOL SYN-
DROME PREVENTION PROGRAM.
‘‘(a) FETAL ALCOHOL SYNDROME PREVENTION PRO-
GRAM.—The Secretary shall establish a comprehensive Fetal
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Alcohol Syndrome and Fetal Alcohol Effects prevention pro-
gram that shall include—
‘‘(1) an education and public awareness program
to—
‘‘(A) support, conduct, and evaluate the ef-
fectiveness of—
‘‘(i) training programs concerning the
prevention, diagnosis, and treatment of
Fetal Alcohol Syndrome and Fetal Alcohol
Effects;
‘‘(ii) prevention and education pro-
grams, including school health education
and school-based clinic programs for school-
age children, concerning Fetal Alcohol Syn-
drome and Fetal Alcohol Effects; and
‘‘(iii) public and community aware-
ness programs concerning Fetal Alcohol
Syndrome and Fetal Alcohol Effects;
‘‘(B) provide technical and consultative as-
sistance to States, Indian tribal governments,
local governments, scientific and academic insti-
tutions, and nonprofit organizations concerning
the programs referred to in subparagraph (A);
and
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‘‘(C) award grants to, and enter into coop-
erative agreements and contracts with, States,
Indian tribal governments, local governments,
scientific and academic institutions, and non-
profit organizations for the purpose of—
‘‘(i) evaluating the effectiveness, with
particular emphasis on the cultural com-
petency and age-appropriateness, of pro-
grams referred to in subparagraph (A);
‘‘(ii) providing training in the preven-
tion, diagnosis, and treatment of Fetal Al-
cohol Syndrome and Fetal Alcohol Effects;
‘‘(iii) educating school-age children, in-
cluding pregnant and high-risk youth, con-
cerning Fetal Alcohol Syndrome and Fetal
Alcohol Effects, with priority given to pro-
grams that are part of a sequential, com-
prehensive school health education program;
and
‘‘(iv) increasing public and community
awareness concerning Fetal Alcohol Syn-
drome and Fetal Alcohol Effects through
culturally competent projects, programs,
and campaigns, and improving the under-
standing of the general public and targeted
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groups concerning the most effective inter-
vention methods to prevent fetal exposure to
alcohol;
‘‘(2) an applied epidemiologic research and pre-
vention program to—
‘‘(A) support and conduct research on the
causes, mechanisms, diagnostic methods, treat-
ment, and prevention of Fetal Alcohol Syndrome
and Fetal Alcohol Effects;
‘‘(B) provide technical and consultative as-
sistance and training to States, Tribal govern-
ments, local governments, scientific and aca-
demic institutions, and nonprofit organizations
engaged in the conduct of—
‘‘(i) Fetal Alcohol Syndrome preven-
tion and early intervention programs; and
‘‘(ii) research relating to the causes,
mechanisms, diagnosis methods, treatment,
and prevention of Fetal Alcohol Syndrome
and Fetal Alcohol Effects; and
‘‘(C) award grants to, and enter into coop-
erative agreements and contracts with, States,
Indian tribal governments, local governments,
scientific and academic institutions, and non-
profit organizations for the purpose of—
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‘‘(i) conducting innovative demonstra-
tion and evaluation projects designed to de-
termine effective strategies, including com-
munity-based prevention programs and
multicultural education campaigns, for pre-
venting and intervening in fetal exposure to
alcohol;
‘‘(ii) improving and coordinating the
surveillance and ongoing assessment meth-
ods implemented by such entities and the
Federal Government with respect to Fetal
Alcohol Syndrome and Fetal Alcohol Effects;
‘‘(iii) developing and evaluating effec-
tive age-appropriate and culturally com-
petent prevention programs for children,
adolescents, and adults identified as being
at-risk of becoming chemically dependent on
alcohol and associated with or developing
Fetal Alcohol Syndrome and Fetal Alcohol
Effects; and
‘‘(iv) facilitating coordination and col-
laboration among Federal, State, local gov-
ernment, Indian tribal, and community-
based Fetal Alcohol Syndrome prevention
programs;
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‘‘(3) a basic research program to support and
conduct basic research on services and effective pre-
vention treatments and interventions for pregnant al-
cohol-dependent women and individuals with Fetal
Alcohol Syndrome and Fetal Alcohol Effects;
‘‘(4) a procedure for disseminating the Fetal Al-
cohol Syndrome and Fetal Alcohol Effects diagnostic
criteria developed pursuant to section 705 of the
ADAMHA Reorganization Act (42 U.S.C. 485n note)
to health care providers, educators, social workers,
child welfare workers, and other individuals; and
‘‘(5) the establishment, in accordance with sub-
section (b), of an inter-agency task force on Fetal Al-
cohol Syndrome and Fetal Alcohol Effects to foster co-
ordination among all Federal agencies that conduct
or support Fetal Alcohol Syndrome and Fetal Alcohol
Effects research, programs, and surveillance, and oth-
erwise meet the general needs of populations actually
or potentially impacted by Fetal Alcohol Syndrome
and Fetal Alcohol Effects.
‘‘(b) INTER-AGENCY TASK FORCE.—
‘‘(1) MEMBERSHIP.—The Task Force established
pursuant to paragraph (5) of subsection (a) shall—
‘‘(A) be chaired by the Secretary or a des-
ignee of the Secretary; and
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‘‘(B) include representatives from all rel-
evant agencies within the Department of Health
and Human Services, including the Centers for
Disease Control and Prevention, the National In-
stitutes of Health, the Health Resources and
Services Administration, the Substance Abuse
and Mental Health Services Administration, and
any other relevant agencies of the Department of
Health and Human Services.
‘‘(2) FUNCTIONS.—The Task Force shall—
‘‘(A) coordinate all relevant programs and
research concerning Fetal Alcohol Syndrome and
Fetal Alcohol Effects, including programs that—
‘‘(i) target individuals, families, and
populations identified as being at risk of
acquiring Fetal Alcohol Syndrome and
Fetal Alcohol Effects; and
‘‘(ii) provide health, education, treat-
ment, and social services to infants, chil-
dren, and adults with Fetal Alcohol Syn-
drome and Fetal Alcohol Effects;
‘‘(B) coordinate its efforts with existing De-
partment of Health and Human Services task
forces on substance abuse prevention and mater-
nal and child health; and
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‘‘(C) report on a biennial basis to the Sec-
retary and relevant committees of Congress on
the current and planned activities of the partici-
pating agencies, including a proposal for a Fed-
eral Interagency Task Force to include represent-
atives from all relevant agencies and offices with-
in the Department of Health and Human Serv-
ices, the Department of Agriculture, the Depart-
ment of Education, the Department of Defense,
the Department of the Interior, the Department
of Justice, the Department of Veterans Affairs,
the Bureau of Alcohol, Tobacco and Firearms,
the Federal Trade Commission, and any other
relevant Federal agency.
‘‘(c) SCIENTIFIC RESEARCH AND TRAINING.—The Di-
rector of the National Institute on Alcohol Abuse and Alco-
holism, with the cooperation of members of the interagency
task force established under subsection (b), shall establish
a collaborative program to provide for the conduct and sup-
port of research, training, and dissemination of informa-
tion to researchers, clinicians, health professionals and the
public, with respect to the cause, prevention, diagnosis, and
treatment of Fetal Alcohol Syndrome and the related condi-
tion know as Fetal Alcohol Effects.
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‘‘SEC. 399H. ELIGIBILITY.
‘‘To be eligible to receive a grant, or enter into a coop-
erative agreement or contract under this part, an entity
shall—
‘‘(1) be a State, Indian tribal government, local
government, scientific or academic institution, or
nonprofit organization; and
‘‘(2) prepare and submit to the Secretary an ap-
plication at such time, in such manner, and contain-
ing such information as the Secretary may prescribe,
including a description of the activities that the en-
tity intends to carry out using amounts received
under this part.
‘‘SEC. 399I. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to carry out
this part, such sums as are necessary for each of the fiscal
years 1998 through 2002.’’.
SEC. 214.—(a) That section 414(a) of the Immigration
and Nationality Act (8 U.S.C. 1524(a)) is amended by
striking ‘‘fiscal year 1995, fiscal year 1996, and fiscal year
1997’’ and inserting ‘‘each of fiscal years 1998 and 1999’’.
(b) The amendment made by subsection (a) shall take
effect October 1, 1997.
SEC. 215. (a) STUDY.—From amounts appropriated
under this title, the Secretary should conduct a study on
the health effects of perchlorate on humans with particular
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emphasis on the health risks to vulnerable subpopulations
including pregnant women, children, and the elderly.
(b) REPORT.—Not later than 9 months after the date
of enactment of this Act, and annually thereafter, the Na-
tional Institutes of Health should prepare and submit to
the Committee on Appropriations of the Senate and the
Committee on Appropriations of the House of Representa-
tives, a report concerning the results of the study conducted
under subsection (a), including whether further health ef-
fects research is necessary.
SEC. 216. Subparagraphs (B) and (C) of section
1143(a)(2) of the Social Security Act (42 U.S.C. 1320b–
13(a)(2)(B), (C)) are each amended by striking ‘‘employee’’
and inserting ‘‘employer, employee,’’.
SEC. 217. (a) Notwithstanding any other provision of
law, the payments described in subsection (b) shall not be
considered income or resources in determining eligibility
for, or the amount of benefits under, a program or State
plan under title XVI or XIX of the Social Security Act.
(b) The payments described in this subsection are pay-
ments made by the Secretary of Defense pursuant to section
657 of the National Defense Authorization Act for Fiscal
Year 1997 (Public Law 104–201; 110 Stat. 2584).
SEC. 218. (a) STUDY.—Not later than 30 days after
the date of enactment of this Act, the Secretary of Health
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and Human Services, in consultation with the General Ac-
counting Office, shall conduct a comprehensive study con-
cerning efforts to improve organ and tissue procurement at
hospitals. Under such study, the Secretary shall survey at
least 5 percent of the hospitals who have entered into agree-
ments with an organ procurement organization required
under the Public Health Service Act and the hospitals’ des-
ignated organ procurement organizations to examine—
(1) the differences in protocols for the identifica-
tion of potential organ and tissue donors;
(2) whether each hospital, and the designated
organ procurement organization of the hospital, have
a system in place for such identification of donors;
and
(3) protocols for outreach to the relatives of po-
tential organ or tissue donors.
(b) REPORT.—Not later than 1 year after the date of
enactment of this Act, the Secretary of Health and Human
Services shall prepare and submit to the appropriate com-
mittees of Congress a report concerning the study conducted
under subsection (a), that shall include recommendations
on hospital best practices—
(1) that result in the most efficient and com-
prehensive identification of organ and tissue donors;
and
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(2) for communicating with the relatives of po-
tential organ and tissue donors.
SEC. 219. (a) FINDINGS.—Congress finds that—
(1) over 53,000 Americans are currently await-
ing organ transplants;
(2) in 1996, 3,916 people on the transplant wait-
ing list died because no organs became available for
such people;
(3) the number of organ donors has grown slowly
over the past several years, even though there is sig-
nificant unrealized donor potential;
(4) a Gallup survey indicated that 85 percent of
the American public supports organ donation, and 69
percent describe themselves as likely to donate their
organs upon death;
(5) most potential donors are cared for in hos-
pitals with greater than 350 beds, trauma services,
and medical school affiliations;
(6) a recent Harvard study showed that hospitals
frequently fail to offer donation services to the fami-
lies of medically eligible potential organ donors;
(7) staff and administration in large hospitals
often are not aware of the current level of donor po-
tential in their institution or the current level of do-
nation effectiveness of the institution;
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(8) under titles XVIII and XIX of the Social Se-
curity Act (42 U.S.C. 1395 et seq; 1396 et seq.), hos-
pitals that participate in the medicare or medicaid
program are required to have in place policies to offer
eligible families the option of organ and tissue dona-
tion; and
(9) many hospitals have not yet incorporated
systematic protocols for offering donation to eligible
families in a skilled and sensitive way.
(b) SENSE OF THE SENATE.—It is the sense of the Sen-
ate that hospitals that have organ or tissue donor potential
take prompt steps to ensure that a skilled and sensitive re-
quest for organ or tissue donation is provided to eligible
families by—
(1) working with the designated organ procure-
ment organization or other suitable agency to assess
donor potential and performance in their institutions;
(2) establishing protocols for organ donation that
incorporate best-demonstrated practices;
(3) providing education to hospital staff to en-
sure adequate skills related to organ and tissue dona-
tion;
(4) establishing teams of skilled hospital staff to
respond to potential organ donor situations, ensure
optimal communication with the patient’s surviving
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family, and achieve smooth coordination of activities
with the designated organ procurement organization;
and
(5) monitoring organ donation effectiveness
through quality assurance mechanisms.
PROTECTING VICTIMS OF FAMILY VIOLENCE
SEC. 220. (a) FINDINGS.—Congress finds that—
(1) the intent of Congress in amending part A
of title IV of the Social Security Act (42 U.S.C. 601
et seq.) in section 103(a) of the Personal Responsibil-
ity and Work Opportunity Reconciliation Act of 1996
(Public Law 104–193; 110 Stat 2112) was to allow
States to take into account the effects of the epidemic
of domestic violence in establishing their welfare pro-
grams, by giving States the flexibility to grant indi-
vidual, temporary waivers for good cause to victims
of domestic violence who meet the criteria set forth in
section 402(a)(7)(B) of the Social Security Act (42
U.S.C. 602(a)(7)(B));
(2) the allowance of waivers under such sections
was not intended to be limited by other, separate, and
independent provisions of part A of title IV of the So-
cial Security Act (42 U.S.C. 601 et seq.);
(3) under section 402(a)(7)(A)(iii) of such Act
(42 U.S.C. 602(a)(7)(A)(iii)), requirements under the
temporary assistance for needy families program
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under part A of title IV of such Act may, for good
cause, be waived for so long as necessary; and
(4) good cause waivers granted pursuant to sec-
tion 402(a)(7)(A)(iii) of such Act (42 U.S.C.
602(a)(7)(A)(iii)) are intended to be temporary and
directed only at particular program requirements
when needed on an individual case-by-case basis, and
are intended to facilitate the ability of victims of do-
mestic violence to move forward and meet program
requirements when safe and feasible without inter-
ference by domestic violence.
(b) CLARIFICATION OF WAIVER PROVISIONS.—
(1) IN GENERAL.—Section 402(a)(7) of the So-
cial Security Act (42 U.S.C. 602(a)(7)) is amended
by adding at the end the following:
‘‘(C) NO
NUMERICAL
LIMITS.—In imple-
menting this paragraph, a State shall not be
subject to any numerical limitation in the grant-
ing of good cause waivers under subparagraph
(A)(iii).
‘‘(D) WAIVERED
INDIVIDUALS
NOT
IN-
CLUDED
FOR
PURPOSES
OF
CERTAIN
OTHER
PROVISIONS OF THIS PART.—Any individual to
whom a good cause waiver of compliance with
this Act has been granted in accordance with
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subparagraph (A)(iii) shall not be included for
purposes of determining a State’s compliance
with the participation rate requirements set
forth in section 407, for purposes of applying the
limitation described in section 408(a)(7)(C)(ii),
or for purposes of determining whether to impose
a penalty under paragraph (3), (5), or (9) of sec-
tion 409(a).’’.
(2) EFFECTIVE DATE.—The amendment made by
paragraph (1) takes effect as if it had been included
in the enactment of section 103(a) of the Personal Re-
sponsibility and Work Opportunity Reconciliation
Act of 1996 (Public Law 104–193; 110 Stat. 2112).
(c) FEDERAL PARENT LOCATOR SERVICE.—
(1) IN GENERAL.—Section 453 of the Social Se-
curity Act (42 U.S.C. 653), as amended by section
5534 of the Balanced Budget Act of 1997 (Public Law
105–33; 111 Stat. 627), is amended—
(A) in subsection (b)(2)—
(i) in the matter preceding subpara-
graph (A), by inserting ‘‘or that the health,
safety, or liberty or a parent or child would
by unreasonably put at risk by the disclo-
sure of such information,’’ before ‘‘provided
that’’;
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mation could be harmful to the party or the
child’’ and inserting ‘‘that the health, safety, or
liberty of a parent or child would be unreason-
ably put at risk by the disclosure of such infor-
mation’’; and
(C) in subparagraph (E), by striking ‘‘of
domestic violence’’ and all that follows through
the semicolon and inserting ‘‘that the health,
safety, or liberty of a parent or child would be
unreasonably put at risk by the disclosure of
such information pursuant to section 453(b)(2),
the court shall determine whether disclosure to
any other person or persons of information re-
ceived from the Secretary could place the health,
safety, or liberty or a parent or child unreason-
ably at risk (if the court determines that disclo-
sure to any other person could be harmful, the
court and its agents shall not make any such
disclosure);’’.
(3) EFFECTIVE DATE.—The amendments made
by this section shall take effect 1 day after the effec-
tive date described in section 5557(a) of the Balanced
Budget Act of 1997 (Public Law 105–33).
SEC. 221. (a) TRANSFER.—Using $5,000,000 of the
amounts appropriated under this title, the Secretary of
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Health and Human Services shall carry out activities
under subsection (b) to address urgent health threats posed
by E. coli:0157H7.
(b) USE OF FUNDS.—From amounts transferred under
subsection (a) the Secretary of Health and Human Services
shall—
(1) provide $1,000,000 for the development of
improved medical treatments for patients infected
with E. coli:0157H7-related disease (HUS);
(2) provide $550,000 to fund ongoing research to
detect or prevent colonization of E. coli:0157H7 in
live cattle;
(3) provide, through the existing partnership be-
tween 
the 
Federal 
Government, 
industry, 
and
consumer 
groups, 
$1,000,000 
for 
the 
National
Consumer Education Campaign on Food Safety as
part of the activities to address safe food handling
practices;
(4) provide $1,000,000 for a study to determine
the feasibility of the use of electronic pasteurization
on red meats to eliminate pathogens and to carry out
activities to educate the public on the safety of that
process; and
(5) provide $1,000,000 for a contract to be en-
tered into with the National Academy of Sciences to
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assess the effectiveness of testing to ensure zero toler-
ance of E. coli:0157H7 in raw ground beef products.
This title may be cited as the ‘‘Department of Health
and Human Services Appropriations Act, 1998’’.
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 sections 3132, 3136, and 3141
of the Elementary and Secondary Education Act of 1965,
$1,271,000,000, of which $530,000,000 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, ex-
cept 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 per-
cent 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 determined by the Secretary
in accordance with the purposes of the program: Provided
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further, That if any State educational 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 agencies in that State that apply
directly to the Secretary according to the terms and condi-
tions published by the Secretary in the Federal Register.
EDUCATION FOR THE DISADVANTAGED
For carrying out title I of the Elementary and Second-
ary Education Act of 1965, and section 418A of the Higher
Education Act, $7,807,349,000, of which $6,488,271,000
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 September 30, 1999, for
academic year 1998–1999: Provided, That $6,273,712,000
shall be available for basic grants under section 1124: Pro-
vided further, That up to $4,000,000 of these funds shall
be available to the Secretary on October 1, 1997, to obtain
updated local-educational-agency-level census poverty data
from the Bureau of the Census: Provided further, That
$1,022,020,000 shall be available for concentration grants
under section 1124A, $6,977,000 shall be available for eval-
uations under section 1501 and not more than $7,500,000
shall be reserved for section 1308, of which not more than
$3,000,000 shall be reserved for section 1308(d): Provided
further, That grant awards under section 1124 and 1124(A)
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of title I of the Elementary and Secondary Education Act
shall be made to each State or local educational agency at
no less than 100 percent of the amount such State or local
educational agency received under this authority for fiscal
year 1997 under Public Laws 104–208 and 105–18: Pro-
vided further, That in determining State allocations under
any other program administered by the Secretary, amounts
provided under Public Law 105–18, or equivalent amounts
provided for in this bill, will not be taken into account in
determining State allocations.
IMPACT AID
For carrying out programs of financial assistance to
federally affected schools authorized by title VIII of the Ele-
mentary 
and 
Secondary 
Education 
Act 
of 
1965,
$794,500,000, of which $623,500,000 shall be for basic sup-
port payments under section 8003(b), $80,000,000 shall be
for payments for children with disabilities under section
8003(d), $52,000,000, to remain available until expended,
shall be for payments under section 8003(f), $5,000,000
shall be for construction under section 8007, and
$24,000,000 shall be for Federal property payments under
section 8002 and $10,000,000, to remain available until ex-
pended, shall be for facilities maintenance under section
8008.
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SCHOOL IMPROVEMENT PROGRAMS
For carrying out school improvement activities author-
ized by titles II, IV–A–1 and 2, V–A and B, VI, IX, X,
XII 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; $1,482,293,000, of
which $1,206,278,000 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 development State
grants under title II–B of the Elementary and Secondary
Education Act, $310,000,000 shall be for innovative edu-
cation program strategies State grants under title VI–A of
said Act and $750,000 shall be for an evaluation of com-
prehensive regional assistance centers under title XIII of
said Act: Provided further, That—
(1) of the amount appropriated under this head-
ing and notwithstanding any other provision of law,
the Secretary of Education may award $1,000,000 to
a State educational agency (as defined in section
14101 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 8801)) to pay for appraisals,
resource studies, and other expenses associated with
the exchange of State school trust lands within the
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boundaries of a national monument for Federal lands
outside the boundaries of the monument; and
(2) the State educational agency is eligible to re-
ceive a grant under paragraph (1) only if the agency
serves a State that—
(A) has a national monument declared
within the State under the authority of the Act
entitled ‘‘An Act for the preservation of Amer-
ican antiquities’’, approved June 8, 1906 (16
U.S.C. 431 et seq.) (commonly known as the An-
tiquities Act of 1906) that incorporates more
than 100,000 acres of State school trust lands
within the boundaries of the national monument;
and
(B) ranks in the lowest 25 percent of all
States when comparing the average per pupil ex-
penditure (as defined in section 14101 of the El-
ementary and Secondary Education Act of 1965
(20 U.S.C. 8801)) in the State to the average per
pupil expenditure for each State in the United
States.
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
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215 of the Department of Education Organization Act,
$62,600,000.
BILINGUAL AND IMMIGRANT EDUCATION
For carrying out, to the extent not otherwise provided,
bilingual, foreign language and immigrant education ac-
tivities authorized by parts A and C and section 7203 of
title VII of the Elementary and Secondary Education 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 Depart-
ment of Education should only support instructional pro-
grams which ensure that students completely master Eng-
lish in a timely fashion (a period of three to five years)
while meeting rigorous achievement standards in the aca-
demic content areas.
SPECIAL EDUCATION
For carrying out the Individuals with Disabilities
Education Act, $4,958,073,000, of which $4,713,112,000
shall become available for obligation on July 1, 1998, and
shall remain available through September 30, 1999: Pro-
vided, That $1,500,000 of the funds provided shall be for
secton 687(b)(2)(G), and shall remain available until ex-
pended.
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REHABILITATION SERVICES AND DISABILITY RESEARCH
For carrying out, to the extent not otherwise provided,
the Rehabilitation Act of 1973, the Technology-Related As-
sistance for Individuals with Disabilities Act, and the
Helen 
Keller 
National 
Center 
Act, 
as 
amended,
$2,591,286,000.
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.), $7,906,000.
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.), $44,141,000: Provided, That
from the amount available, the Institute may at its discre-
tion use funds for the endowment program as authorized
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.), $81,000,000: Provided, That from the amount avail-
able, the University may at its discretion use funds for the
endowment program as authorized under section 207.
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VOCATIONAL AND ADULT EDUCATION
For carrying out, to the extent not otherwise provided,
the Carl D. Perkins Vocational and Applied Technology
Education Act and the Adult Education Act and the Na-
tional Literacy Act of 1991, $1,487,698,000, of which
$1,484,598,000 shall become available on July 1, 1998 and
shall remain available through September 30, 1999; and of
which $5,491,000 from amounts available under the Adult
Education Act shall be for the National Institute for Lit-
eracy under section 384(c) which shall be derived from un-
obligated Pell Grant funds: Provided, That, of the amounts
made available for title II of the Carl D. Perkins Vocational
and Applied 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 Tech-
nology Education Act, and no State shall be required to
operate such a Council.
STUDENT FINANCIAL ASSISTANCE
For carrying out subparts 1, 3, and 4 of part A, part
C and part E of title IV of the Higher Education Act of
1965, as amended, $8,556,641,000, which shall remain
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available through September 30, 1999: Provided, That,
$35,000,000 shall be available for State Student Incentive
grants derived from unobligated balances: Provided further,
That $60,000,000 shall be for education infrastructure au-
thorized under title XII of the Elementary and Secondary
Education Act to be derived from unobligated balances.
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 pay-
ment schedule for such award year, that the amount in-
cluded within this appropriation for Pell Grant awards in
such award year, and any funds available from the fiscal
year 1997 appropriation for Pell Grant awards, are insuffi-
cient to satisfy fully all such awards for which students 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, $46,482,000.
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HIGHER EDUCATION
For carrying out, to the extent not otherwise provided,
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 parts B and E of title X and title XI
of the Higher Education Act of 1965, as amended, part G
of title XV of Public Law 102–325, the Mutual Educational
and Cultural Exchange Act of 1961, and Public Law 102–
423; $929,752,000, of which $13,700,000 for interest sub-
sidies under title VII of the Higher Education Act shall re-
main available until expended: Provided, That funds avail-
able for part D of title IX of the Higher Education Act
shall be available to fund new and noncompeting continu-
ation 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.
HOWARD UNIVERSITY
For partial support of Howard University (20 U.S.C.
121 et seq.), $198,000,000: Provided, That not less than
$3,530,000, shall be for a matching endowment grant pur-
suant to the Howard University Endowment Act (Public
Law 98–480) and shall remain available until expended.
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,
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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 section
724 of title VII, part B of the Higher Education Act shall
not exceed $357,000,000, and the cost, as defined 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 High-
er 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 of title II,
and parts B, C, and D of title III, and parts A, B, I, and
K and section 10601 of title X, and part C of title XIII
of the Elementary and Secondary Education Act of 1965,
as amended, and title VI of Public Law 103–227,
$362,225,000.
CHILD LITERACY INITIATIVE
For 
carrying 
out 
a 
child 
literacy 
initiative,
$260,000,000, which shall become available on October 1,
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1998 and shall remain available through September 30,
1999 only if specifically authorized by subsequent legisla-
tion enacted by April 1, 1998.
INSTITUTE OF MUSEUM AND LIBRARY SERVICES
For carrying out subtitle B of the Museum and Li-
brary Services Act, $146,369,000, of which $15,455,000
shall be for national leadership grants, notwithstanding sec-
tion 221(a)(1)(B).
DEPARTMENTAL MANAGEMENT
PROGRAM ADMINISTRATION
For carrying out, to the extent not otherwise provided,
the Department of Education Organization Act, including
rental of conference rooms in the District of Columbia and
hire of two passenger motor vehicles, $340,064,000: Pro-
vided, That $1,100,000 shall be used for the Millennium
2000 project.
OFFICE FOR CIVIL RIGHTS
For expenses necessary for the Office for Civil Rights,
as authorized by section 203 of the Department of Edu-
cation Organization Act, $57,522,000.
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, $32,000,000.
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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 transportation
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 edu-
cation, in order to comply with title VI of the Civil Rights
Act of 1964. For the purpose of this section an indirect re-
quirement of transportation of students includes the trans-
portation of students to carry out a plan involving the reor-
ganization of the grade structure of schools, the pairing of
schools, or the clustering of schools, or any combination of
grade restructuring, pairing or clustering. The prohibition
described in this section does not include the establishment
of magnet schools.
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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.
(TRANSFER OF FUNDS)
SEC. 304. Not to exceed 1 percent of any discretionary
funds (pursuant to the Balanced Budget and Emergency
Deficit Control Act, as amended) which are appropriated
for the Department of Education may be transferred be-
tween appropriations, but no such appropriation shall be
increased 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.
SEC. 305. Of the funds made available under this title,
the Secretary of Education shall establish a program to pro-
vide training and technical assistance to State educational
agencies and local educational agencies (as defined in sec-
tion 14101 of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 8801) in developing, establishing, and
implementing procedures and programs designed to protect
victims of and witnesses to incidents of elementary school
and secondary school violence, including procedures and
programs designed to protect witnesses testifying in school
disciplinary proceedings.
SEC. 306. Of the funds made available under this title,
$450,000 shall be awarded by the Secretary of Education
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for grants for the establishment, operation, and evaluation
of pilot student safety toll-free hotlines to provide elemen-
tary school and secondary school students with confidential
assistance regarding school crime, violence, drug dealing,
and threats to the personal safety of the students.
SEC. 307. The Secretary of Education shall annually
provide to the Committee on Labor and Human Resources
and the Committee on Appropriations of the Senate and
the Committee on Education and the Workforce and the
Committee on Appropriations of the House of Representa-
tives a certification that not less than 95 percent of the
amount appropriated for a fiscal year for the activities of
the Department of Education is being used directly for
teachers and students. If the Secretary determines that less
than 95 percent of such amount appropriated for a fiscal
year is being used directly for teachers and students, the
Secretary shall certify the percentage of such amount that
is being directly used for teachers and students.
SEC. 308. (a) The Secretary of Education shall con-
duct a study that examines—
(1) the economic, educational, and societal costs
of—
(A) the increase in enrollments of secondary
school students during the period 1998 through
2008;
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(B) the creation of smaller class sizes for
students enrolled in grades 1 through 3; and
(C) the increase in enrollments described in
subparagraph (A) in relation to the creation of
smaller class sizes described in subparagraph
(B); and
(2) the costs to States and local school districts
for taking no action with respect to such increase in
enrollments and smaller class sizes.
(b) The Secretary of Education shall report to Con-
gress within 9 months of the date of enactment of this Act
regarding the results of the study conducted under sub-
section (a). Such report shall include recommendations re-
garding what local school districts, States and the Federal
Government can do to address the issue of the increase in
enrollments of secondary school students and the need for
smaller class sizes in grades 1 through 3.
SEC. 309. (a) The Senate finds that—
(1) Federal Pell Grants are a crucial source of
college aid for low- and middle-income students;
(2) in addition to the increase in the maximum
Federal Pell Grant from $2,700 to $3,000, which will
increase aid to more than 3,600,000 low- and middle-
income students, our Nation should provide addi-
tional funds to help more than 250,000 independent
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and dependent students obtain crucial aid in order to
help the students obtain the education, training, or
retraining the students need to obtain good jobs;
(3) our Nation needs to help children learn to
read well in fiscal year 1998, as 40 percent of the Na-
tion’s young children cannot read at the basic level;
and
(4) the Bipartisan Budget Agreement includes a
total 
funding 
level 
for 
fiscal 
year 
1998 
of
$7,600,000,000 for Federal Pell Grants, and of
$260,000,000 for a child literacy initiative.
(b) It is the sense of the Senate that prompt action
should be taken by the authorizing committees to—
(1) make the change in the needs analysis for
Federal Pell Grants for independent and for depend-
ent students; and
(2) enact legislation and authorize the funds
needed to cover the cost of the changes for a
$260,000,000 child literacy initiative.
(c) It is the sense of the Senate that the maximum level
possible of fiscal year 1998 funding should be achieved in
the appropriations conference committee.
This title may be cited as the ‘‘Department of Edu-
cation Appropriations Act, 1998’’.
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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 Sol-
diers’ and Airmen’s Home and the United States Naval
Home, to be paid from funds available in the Armed Forces
Retirement Home Trust Fund, $65,452,000, of which
$10,000,000 shall remain available until expended for con-
struction and renovation of the physical plants at the Unit-
ed States Soldiers’ and Airmen’s Home and the United
States Naval Home.
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 amended,
$232,604,000.
CORPORATION FOR PUBLIC BROADCASTING
For payment to the Corporation for Public Broadcast-
ing, as authorized by the Communications Act of 1934, an
amount which shall be available within limitations speci-
fied by that Act, for the fiscal year 2000, $300,000,000: Pro-
vided, That no funds made available to the Corporation for
Public Broadcasting by this Act shall be used to pay for
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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, na-
tional 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 in
it by the Labor Management Relations Act, 1947 (29 U.S.C.
171–180, 182–183), including hire of passenger motor vehi-
cles; 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 September 30, 1999, for activi-
ties 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 activities and for arbitration services shall
be credited to and merged with this account, and shall re-
main available until expended: Provided further, That fees
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for arbitration services shall be available only for education,
training, and professional development of the agency
workforce: Provided further, That the Director of the Service
is authorized to accept on behalf of the United States gifts
of services and real, personal, or other property in the aid
of any projects or functions within the Director’s jurisdic-
tion.
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.
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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.
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: Provided,
That no part of this appropriation shall be available to or-
ganize or assist in organizing agricultural laborers or used
in connection with investigations, hearings, directives, or
orders concerning bargaining units composed of agricul-
tural 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 amended, and
as defined in section 3(f) of the Act of June 25, 1938 (29
U.S.C. 203), and including in said definition employees en-
gaged in the maintenance and operation of ditches, canals,
reservoirs, and waterways when maintained or operated on
a mutual, nonprofit basis and at least 95 per centum of
the water stored or supplied thereby is used for farming
purposes: Provided further, That none of the funds made
available by this Act shall be used in any way to promul-
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gate a final rule (altering 29 CFR part 103) regarding sin-
gle location bargaining units in representation cases.
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 President,
$8,600,000: Provided, That unobligated balances at the end
of fiscal year 1998 not needed for emergency boards shall
remain available for other statutory purposes through Sep-
tember 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),
$7,800,000.
PHYSICIAN PAYMENT REVIEW COMMISSION
SALARIES AND EXPENSES
For expenses necessary to carry out section 1845(a) of
the Social Security Act, $3,508,000, to be transferred to this
appropriation from the Federal Supplementary Medical In-
surance Trust Fund.
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PROSPECTIVE PAYMENT ASSESSMENT COMMISSION
SALARIES AND EXPENSES
For expenses necessary to carry out section 1886(e) of
the Social Security Act, $3,507,000, to be transferred 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 Account,
authorized under section 15(d) of the Railroad Retirement
Act of 1974, $205,500,000, which shall include amounts be-
coming available in fiscal year 1998 pursuant to section
224(c)(1)(B) of Public Law 98–76; and in addition, 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 re-
ceived exceeds $205,500,000: Provided, That the total
amount provided herein shall be credited in 12 approxi-
mately 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 Treas-
ury for the payment of benefits under the Railroad Retire-
ment Act for interest earned on unnegotiated checks,
$50,000, to remain available through September 30, 1999,
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which shall be the maximum amount available for payment
pursuant to section 417 of Public Law 98–76.
LIMITATION ON ADMINISTRATION
For necessary expenses for the Railroad Retirement
Board for administration of the Railroad Retirement Act
and 
the 
Railroad 
Unemployment 
Insurance 
Act,
$87,728,000, 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 Gen-
eral for audit, investigatory and review activities, as au-
thorized by the Inspector General Act of 1978, as amended,
not more than $5,394,000, to be derived from the railroad
retirement accounts and railroad unemployment insurance
account.
SOCIAL SECURITY ADMINISTRATION
PAYMENTS TO SOCIAL SECURITY TRUST FUNDS
For payment to the Federal Old-Age and Survivors In-
surance 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.
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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 available
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 incurred
in the current fiscal year, such amounts as may be nec-
essary.
For making benefit payments under title IV of the Fed-
eral 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 Secu-
rity 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 Security
trust funds for administrative expenses incurred pursuant
to 
section 
201(g)(1) 
of 
the 
Social 
Security 
Act,
$16,162,525,000, 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: Pro-
vided further, That not less than $2,225,000 shall be avail-
able for conducting a disability return to work demonstra-
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tion initiative, which focuses on providing persons who
have lost limbs with an integrated program of prosthetic
and rehabilitative care and job placement assistance.
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 So-
cial 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.
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.
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LIMITATION ON ADMINISTRATIVE EXPENSES
For necessary expenses, including the hire of two pas-
senger motor vehicles, and not to exceed $10,000 for official
reception and representation expenses, not more than
$5,937,708,000 may be expended, as authorized by section
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 $1,268,000 shall be for the Social Security Advi-
sory Board: Provided further, That unobligated balances 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 associated solely with this
network.
From funds provided under the previous paragraph,
not less than $200,000,000 shall be available for conducting
continuing disability reviews.
In addition to funding already available under this
heading, and subject to the same terms and conditions,
$290,000,000, to remain available until September 30,
1999, for continuing disability reviews as authorized by sec-
tion 103 of Public Law 104–121, section 10203 of Public
Law 105–33 and Supplemental Security Income adminis-
trative work as authorized by Public Law 104–193. The
term ‘‘continuing disability reviews’’ means reviews and re-
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determinations 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.
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 expended,
to invest in a state-of-the-art computing network, including
related equipment and non-payroll administrative expenses
associated solely with this network, for the Social Security
Administration and the State Disability Determination
Services, may be expended from any or all 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 Security
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.
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OFFICE OF INSPECTOR GENERAL
(INCLUDING TRANSFER OF FUNDS)
For expenses necessary for the Office of Inspector Gen-
eral in carrying out the provisions of the Inspector General
Act of 1978, as amended, $6,265,000, together with not to
exceed $31,089,000, to be transferred and expended as au-
thorized by section 201(g)(1) of the Social Security Act from
the Federal Old-Age and Survivors Insurance 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
account is available: Provided, That notice of such transfers
shall be transmitted promptly to the Committees on Appro-
priations 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
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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
legislation pending before the Congress or any State legisla-
ture, 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 recipient, re-
lated to any activity designed to influence legislation or ap-
propriations pending before the Congress or any State legis-
lature.
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