NATIONAL INSTITUTE ON DEAFNESS AND OTHER
COMMUNICATION DISORDERS
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to deafness and other
communication disorders, $189,243,000.
NATIONAL INSTITUTE OF NURSING RESEARCH
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to nursing research,
$59,715,000.
NATIONAL INSTITUTE ON ALCOHOL ABUSE AND
ALCOHOLISM
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to alcohol abuse and
alcoholism, $212,079,000.
NATIONAL INSTITUTE ON DRUG ABUSE
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to drug abuse,
$487,341,000.
NATIONAL INSTITUTE OF MENTAL HEALTH
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to mental health,
$701,247,000.
NATIONAL CENTER FOR RESEARCH RESOURCES
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to research resources
and general research support grants, $416,523,000: Pro-
vided, That none of these funds shall be used to pay recipi-
ents of the general research support grants program any
amount for indirect expenses in connection with such
grants: Provided further, That $37,000,000 shall be for
extramural facilities construction grants.
NATIONAL CENTER FOR HUMAN GENOME RESEARCH
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to human genome re-
search, $189,267,000.
JOHN E. FOGARTY INTERNATIONAL CENTER
For carrying out the activities at the John E.
Fogarty International Center, $26,707,000.
NATIONAL LIBRARY OF MEDICINE
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to health information
communications, $150,093,000, of which $4,000,000 shall
be available until expended for improvement of informa-
tion systems: Provided, That in fiscal year 1997, the Li-
brary may enter into personal services contracts for the
provision of services in facilities owned, operated, or con-
structed under the jurisdiction of the National Institutes
of Health.
OFFICE OF THE DIRECTOR
(INCLUDING TRANSFER OF FUNDS)
For carrying out the responsibilities of the Office of
the Director, National Institutes of Health, $275,423,000:
Provided, That funding shall be available for the purchase
of not to exceed five passenger motor vehicles for replace-
ment only: Provided further, That the Director may direct
up to 1 percent of the total amount made available in this
Act to all National Institutes of Health appropriations to
activities the Director may so designate: Provided further,
That no such appropriation shall be increased or de-
creased by more than 1 percent by any such transfers and
that the Congress is promptly notified of the transfer: Pro-
vided further, That NIH is authorized to collect third
party payments for the cost of clinical services that are
incurred in National Institutes of Health research facili-
ties and that such payments shall be credited to the Na-
tional Institutes of Health Management Fund: Provided
further, That all funds credited to the NIH Management
Fund shall remain available for one fiscal year after the
fiscal year in which they are deposited.
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,
$200,000,000, to remain available until expended, of
which $90,000,000 shall be for the clinical research cen-
ter: Provided, That, notwithstanding any other provision
of law, a single contract or related contracts for the devel-
opment and construction of the clinical research center
may be employed which collectively include the full scope
of the project: Provided further, That the solicitation and
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, $1,849,235,000.
RETIREMENT PAY AND MEDICAL BENEFITS FOR
COMMISSIONED OFFICERS
For retirement pay and medical benefits of Public
Health Service Commissioned Officers as authorized by
law, and for payments under the Retired Serviceman’s
Family Protection Plan and Survivor Benefit Plan and for
medical care of dependents and retired personnel under
the Dependents’ Medical Care Act (10 U.S.C. ch. 55), and
for payments pursuant to section 229(b) of the Social Se-
curity Act (42 U.S.C. 429(b)), such amounts as may be
required during the current fiscal year.
AGENCY FOR HEALTH CARE POLICY AND RESEARCH
HEALTH CARE POLICY AND RESEARCH
For carrying out titles III and IX of the Public
Health Service Act, and part A of title XI of the Social
Security Act, $90,469,000; in addition, amounts received
from Freedom of Information Act fees, reimbursable and
interagency agreements, and the sale of data tapes shall
be credited to this appropriation and shall remain avail-
able until expended: Provided, That the amount made
available pursuant to section 926(b) of the Public Health
Service Act shall not exceed $34,700,000.
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, $75,056,618,000,
to remain available until expended.
For making, after May 31, 1997, payments to States
under title XIX of the Social Security Act for the last
quarter of fiscal year 1997 for unanticipated costs, in-
curred for the current fiscal year, such sums as may be
necessary.
For making payments to States under title XIX of
the Social Security Act for the first quarter of fiscal year
1998, $27,988,993,000, to remain available until ex-
pended.
Payment under title XIX may be made for any quar-
ter with respect to a State plan or plan amendment in
effect during such quarter, if submitted in or prior to such
quarter and approved in that or any subsequent quarter.
PAYMENTS TO HEALTH CARE TRUST FUNDS
For payment to the Federal Hospital Insurance and
the Federal Supplementary Medical Insurance Trust
Funds, as provided under sections 217(g) and 1844 of the
Social Security Act, sections 103(c) and 111(d) of the So-
cial Security Amendments of 1965, section 278(d) of Pub-
lic Law 97–248, and for administrative expenses incurred
pursuant to section 201(g) of the Social Security Act,
$60,079,000,000.
PROGRAM MANAGEMENT
For carrying out, except as otherwise provided, titles
XI, XVIII, and XIX of the Social Security Act, title XIII
of the Public Health Service Act, and the Clinical Labora-
tory Improvement Amendments of 1988, not to exceed
$1,733,125,000, to be transferred from the Federal Hos-
pital Insurance and the Federal Supplementary Medical
Insurance Trust Funds, as authorized by section 201(g)
of the Social Security Act; together with all funds collected
in accordance with section 353 of the Public Health Serv-
ice Act, the latter funds to remain available until ex-
pended, together with such sums as may be collected from
authorized user fees and the sale of data, which shall re-
main available until expended: Provided, That all funds
derived in accordance with 31 U.S.C. 9701 from organiza-
tions established under title XIII of the Public Health
Service Act are to be credited to and available for carrying
out the purposes of this appropriation.
HEALTH MAINTENANCE ORGANIZATION LOAN AND LOAN
GUARANTEE FUND
For carrying out subsections (d) and (e) of section
1308 of the Public Health Service Act, any amounts re-
ceived by the Secretary in connection with loans and loan
guarantees under title XIII of the Public Health Service
Act, to be available without fiscal year limitation for the
payment of outstanding obligations. During fiscal year
1997, 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 States or other non-Federal
entities, except as otherwise provided, under titles I, IV–
A (other than section 402(g)(6)) and D, X, XI, XIV, and
XVI of the Social Security Act, and the Act of July 5,
1960 (24 U.S.C. ch. 9), $13,301,000,000, to remain avail-
able until expended.
For making, after May 31 of the current fiscal year,
payments to States or other non-Federal entities under
titles I, IV–A and D, X, XI, XIV, and XVI of the Social
Security Act, 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-A (other than section 402(g)(6))
and 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 1998, $4,700,000,000, to re-
main available until expended.
JOB OPPORTUNITIES AND BASIC SKILLS
For carrying out aid to families with dependent chil-
dren work programs, as authorized by part F of title IV
of the Social Security Act, $1,000,000,000.
LOW INCOME HOME ENERGY ASSISTANCE
For making payments under title XXVI of the Omni-
bus Budget Reconciliation Act of 1981, $900,000,000.
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),
$412,076,000: Provided, That funds appropriated pursu-
ant to section 414(a) of the Immigration and Nationality
Act under Public Law 103–333 for fiscal year 1995 shall
be available for the costs of assistance provided and other
activities conducted in such year and in fiscal years 1996
and 1997.
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),
$950,000,000, which shall be available for obligation
under the same statutory terms and conditions applicable
in the prior fiscal year: Provided, That $13,000,000 shall
become available for obligation on October 1, 1996.
SOCIAL SERVICES BLOCK GRANT
For making grants to States pursuant to section
2002 of the Social Security Act, $2,480,000,000: Pro-
vided, That notwithstanding section 2003(c) of such Act,
the amount specified for allocation under such section for
fiscal year 1997 shall be $2,480,000,000.
CHILDREN AND FAMILIES SERVICES PROGRAMS
For carrying out, except as otherwise provided, the
Runaway and Homeless Youth Act, the Developmental
Disabilities Assistance and Bill of Rights Act, the Head
Start Act, the Child Abuse Prevention and Treatment Act,
the Family Violence Prevention and Services Act, the Na-
tive American Programs Act of 1974, title II of Public
Law 95–266 (adoption opportunities), the Abandoned In-
fants Assistance Act of 1988, and part B(1) of title IV
of the Social Security Act; for making payments under the
Community Services Block Grant Act; and for necessary
administrative 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 Omni-
bus Budget Reconciliation Act of 1981, title IV of the Im-
migration and Nationality Act, section 501 of the Refugee
Education Assistance Act of 1980, and section 126 and
titles IV and V of Public Law 100–485, $4,854,036,000
(increased by $2,399,000), of which $531,941,000 shall
be for making payments under the Community Services
Block Grant Act: Provided, That to the extent Community
Services Block Grant funds are distributed as grant funds
by a State to an eligible entity as provided under the Act,
and have not been expended by such entity, they shall re-
main with such entity for carryover into the next fiscal
year for expenditure by such entity consistent with pro-
gram purposes.
In addition, $27,358,000, to be derived from the Vio-
lent Crime Reduction Trust Fund, for carrying out sec-
tions 40155, 40211 and 40241 of Public Law 103–322.
FAMILY PRESERVATION AND SUPPORT
For carrying out section 430 of the Social Security
Act, $240,000,000.
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,
$4,445,031,000.
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 1998, $1,111,000,000.
ADMINISTRATION ON AGING
AGING SERVICES PROGRAMS
For carrying out, to the extent not otherwise pro-
vided, the Older Americans Act of 1965, as amended,
$810,545,000.
OFFICE OF THE SECRETARY
GENERAL DEPARTMENTAL MANAGEMENT
For necessary expenses, not otherwise provided, for
general departmental management, including hire of six
sedans, and for carrying out titles III, XVII, and XX of
the Public Health Service Act, $148,999,000, together
with $5,851,000, to be transferred and expended as au-
thorized by section 201(g)(1) of the Social Security Act
from the Hospital Insurance Trust Fund and the Supple-
mental Medical Insurance Trust Fund: Provided, That of
the funds made available under this heading for carrying
out title XVII of the Public Health Service Act,
$11,500,000 shall be available until expended for extra-
mural construction.
OFFICE OF INSPECTOR GENERAL
For expenses necessary for the Office of Inspector
General in carrying out the provisions of the Inspector
General Act of 1978, as amended, $29,399,000, together
with any funds, to remain available until expended, that
represent the equitable share from the forfeiture of prop-
erty in investigations in which the Office of Inspector Gen-
eral participated, and which are transferred to the Office
of the Inspector General by the Department of Justice,
the Department of the Treasury, or the United States
Postal Service.
OFFICE FOR CIVIL RIGHTS
For expenses necessary for the Office for Civil
Rights, $16,066,000, 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 pro-
vided, research studies under section 1110 of the Social
Security Act, $9,000,000.
GENERAL PROVISIONS
SEC. 201. Funds appropriated in this title shall be
available for not to exceed $37,000 for official reception
and representation expenses when specifically approved by
the Secretary.
SEC. 202. The Secretary shall make available through
assignment not more than 60 employees of the Public
Health Service to assist in child survival activities and to
work in AIDS programs through and with funds provided
by the Agency for International Development, the United
Nations International Children’s Emergency Fund or the
World Health Organization.
SEC. 203. None of the funds appropriated under this
Act may be used to implement section 399L(b) of the Pub-
lic Health Service Act or section 1503 of the National In-
stitutes of Health Revitalization Act of 1993, Public Law
103–43.
SEC. 204. None of the funds made available by this
Act may be used to withhold payment to any State under
the Child Abuse Prevention and Treatment Act by reason
of a determination that the State is not in compliance with
section 1340.2(d)(2)(ii) of title 45 of the Code of Federal
Regulations. This provision expires upon the date of enact-
ment of the reauthorization of the Child Abuse Prevention
and Treatment Act.
SEC. 205. 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. 206. None of the funds appropriated in this Act
may be expended pursuant to section 241 of the Public
Health Service Act, except for funds specifically provided
for in this Act, or for other taps and assessments made
by any office located in the Department of Health and
Human Services, prior to the Secretary’s preparation and
submission of a report to the Committee on Appropria-
tions of the Senate and of the House detailing the planned
uses of such funds.
(TRANSFER OF FUNDS)
SEC. 207. Of the funds appropriated or otherwise
made available for the Department of Health and Human
Services, General Departmental Management, for fiscal
year 1997, the Secretary of Health and Human Services
shall transfer to the Office of the Inspector General such
sums as may be necessary for any expenses with respect
to the provision of security protection for the Secretary
of Health and Human Services.
SEC. 208. None of the funds appropriated in this Act
may be obligated or expended for the Federal Council on
Aging under the Older Americans Act or the Advisory
Board on Child Abuse and Neglect under the Child Abuse
Prevention and Treatment Act.
(TRANSFER OF FUNDS)
SEC. 209. Not to exceed 1 percent of any discre-
tionary funds (pursuant to the Balanced Budget and
Emergency Deficit Control Act, as amended) which are
appropriated for the current fiscal year for the Depart-
ment of Health and Human Services in this Act may be
transferred between appropriations, but no such appro-
priation shall be increased by more than 3 percent by any
such transfer: Provided, That the Appropriations Commit-
tees of both Houses of Congress are notified at least fif-
teen days in advance of any transfer.
(TRANSFER OF FUNDS)
SEC. 210. The Director of the National Institutes of
Health, jointly with the Director of the Office of AIDS
Research, may transfer up to 3 percent among institutes,
centers, and divisions from the total amounts identified
by these two Directors as funding for research pertaining
to the human immunodeficiency virus: Provided, That the
Congress is promptly notified of the transfer.
SEC. 211. None of the funds made available in this
Act may be used by the National Institutes of Health to
provide grants or cooperative agreements under the SBIR
program under section 9(f) of Public Law 85–536 for re-
search proposals when it is made known to the Federal
official having authority to obligate or expend such funds
that (in the process of technical and scientific peer review
under section 492 of the Public Health Service Act) the
median of the evaluation scores for the proposals in the
review cycle involved is higher than the median of the eval-
uation scores in such review cycle for RO1 proposals.
SEC. 212. EXTENSION OF MORATORIUM.—Section
6408(a)(3) of the Omnibus Budget Reconciliation Act of
1989, as amended by section 13642 of the Omnibus Budg-
et Reconciliation Act of 1993, is amended by striking ‘‘De-
cember 31, 1995’’ and inserting ‘‘December 31, 2000, or
the first day of the first quarter on which the Medigrant
plan for the State of Michigan is effective under title XIX
of such Act.’’.
SEC. 213. (a) The Secretary of Health and Human
Services may in accordance with this section provide for
the relocation of the Federal facility known as the Gillis
W. Long Hansen’s Disease Center (located in the vicinity
of Carville, in the State of Louisiana), including the relo-
cation of the patients of the Center.
(b)(1) Subject to entering into a contract in accord-
ance with subsection (c), in relocating the Center the Sec-
retary may on behalf of the United States transfer to the
State of Louisiana, without charge, title to the real prop-
erty and improvements that (as of the date of the enact-
ment of this Act) constitute the Center. Such real property
is a parcel consisting of approximately 330 acres. The
exact acreage and legal description used for purposes of
the transfer shall be in accordance with a survey satisfac-
tory to the Secretary.
(2) Any conveyance under paragraph (1) is not effec-
tive unless the conveyance specifies that, if the State of
Louisiana engages in a material breach of the contract
under subsection (c), title to the real property and im-
provements involved reverts to the United States at the
election of the Secretary.
(c) The transfer described in subsection (b) may be
made only if, before the transfer is made, the Secretary
and the State enter into a contract whose provisions are
in accordance with the following:
(1) During the 30-year period beginning on the
date on which the transfer is made, the real property
and improvements referred to in subsection (b) (re-
ferred to in this subsection as the ‘‘transferred prop-
erty’’) will be used exclusively for purposes that pro-
mote the health or education of the public, with such
incidental exceptions as the Secretary may approve,
and consistent with the memorandum of understand-
ing signed June 11, 1996 by the Chancellors of Lou-
isiana State University and Southern University.
(2) For purposes of monitoring the extent to
which the transferred property is being used in ac-
cordance with paragraph (1), the Secretary will have
access to such documents as the Secretary deter-
mines to be necessary, and the Secretary may re-
quire the advance approval of the Secretary for such
contracts, conveyances of real or personal property,
or other transactions as the Secretary determines to
be necessary.
(3) The relocation of patients from the trans-
ferred property will be completed not later than 3
years after the date on which the transfer is made,
except to the extent the Secretary determines that
relocating particular patients is not feasible. During
the period of relocation, the Secretary will have un-
restricted access to the transferred property, and
after such period will have such access as may be
necessary with respect to the patients who pursuant
to the preceding sentence are not relocated.
(4) The Secretary will provide for the continu-
ation at the transferred property of the projects (un-
derway as of the date of the enactment of this Act)
to make repairs and to make energy-related improve-
ments, subject to the availability of appropriations to
carry out the projects.
(5) The contract disposes of issues regarding
access to the cemetery located on the transferred
property, and the establishment of a museum re-
garding memorabilia relating to the use of the prop-
erty to care for patients with Hansen’s disease.
(6) In the case of each individual who as of the
date of the enactment of this Act is a Federal em-
ployee at the transferred property with management,
engineering, or dietary duties:
(A) The State will provide the individual
with the right of first refusal to an employment
position with the State with substantially the
same type of duties as the individual performed
in his or her most recent position at the trans-
ferred property.
(B) If the individual becomes an employee
of the State pursuant to subparagraph (A), the
State will make payments in accordance with
subsection (d)(3)(B) (relating to disability), as
applicable with respect to the individual.
(7) The contract contains such additional provi-
sions as the Secretary determines to be necessary to
protect the interests of the United States, and the
Secretary shall have final approval over the terms of
the contract.
(d)(1) This subsection applies if the transfer under
subsection (b) is made.
(2) In the case of each individual who as of the date
of the enactment of this Act is a Federal employee with
a position at the Center and is, for duty at the Center,
receiving the pay differential under section 5545(d) of title
5, United States Code:
(A) If as of the date of the transfer under sub-
section (b) the individual is eligible for an annuity
under section 8336 or 8412 of title 5, United States
Code, then once the individual separates from the
service and thereby becomes entitled to receive the
annuity, the pay differential shall be excluded from
the computation of the annuity unless the individual
separated from the service not later than 30 days
after the date on which the transfer was made.
(B) If the individual is not eligible for such an
annuity as of the date of the transfer under sub-
section (b) but subsequently does become eligible,
then once the individual separates from the service
and thereby becomes entitled to receive the annuity,
the pay differential shall be excluded from the com-
putation of the annuity unless the individual sepa-
rated from the service not later than 30 days after
the date on which the individual first became eligible
for the annuity.
(C) For purposes of this paragraph, the individ-
ual is eligible for the annuity if the individual meets
all conditions under such section 8336 or 8412 to be
entitled to the annuity, except the condition that the
individual be separated from the service.
(3) In the case of each individual who as of the date
of the enactment of this Act is a Federal employee at the
Center with management, engineering, or dietary duties,
and who becomes an employee of the State pursuant to
subsection (c)(6)(A):
(A) The provisions of subchapter III of chapter
83 of title 5, United States Code, or of chapter 84
of such title, whichever is applicable, that relate to
disability shall be considered to remain in effect with
respect to the individual (subject to subparagraph
(C)) until the earlier of—
(i) the expiration of the 2-year period be-
ginning on the date on which the transfer under
subsection (b) is made; or
(ii) the date on which the individual first
meets all conditions for coverage under a State
program for payments during retirement by
reason of disability.
(B) The payments to be made by a State pur-
suant to subsection (c)(6)(B) with respect to the in-
dividual are payments to the Civil Service Retire-
ment and Disability Fund, if the individual is receiv-
ing Federal disability coverage pursuant to subpara-
graph (A). Such payments are to be made in a total
amount equal to that portion of the normal-cost per-
centage (determined through the use of dynamic as-
sumptions) of the basic pay of the individual that is
allocable to such coverage and is paid for service
performed during the period for which such coverage
is in effect. Such amount is to be determined in ac-
cordance with chapter 84 of such title 5, is to be
paid at such time and in such manner as mutually
agreed by the State and the Office of Personnel
Management, and is in lieu of individual or agency
contributions otherwise required.
(C) In the determination pursuant to subpara-
graph (A) of whether the individual is eligible for
Federal disability coverage (during the applicable pe-
riod of time under such subparagraph), service as an
employee of the State after the date of the transfer
under subsection (b) shall be counted toward the
service requirement specified in the first sentence of
section 8337(a) or 8451(a)(1)(A) of such title 5
(whichever is applicable).
(e) The following provisions apply if under subsection
(a) the Secretary makes the decision to relocate the Cen-
ter:
(1) The site to which the Center is relocated
shall be in the vicinity of Baton Rouge, in the State
of Louisiana.
(2) The facility involved shall continue to be
designated as the Gillis W. Long Hansens’s Disease
Center.
(3) The Secretary shall make reasonable efforts
to inform the patients of the Center with respect to
the planning and carrying out of the relocation.
(4) In the case of each individual who as of Oc-
tober 1, 1996, is a patient of the Center and is re-
ceiving long-term care (referred to in this subsection
as an ‘‘eligible patient’’), the Secretary shall con-
tinue to provide for the long-term care of the eligible
patient, without charge, for the remainder of the life
of the patient. Of the amounts appropriated for a
fiscal year for the Public Health Service, the Sec-
retary shall make available such amounts as may be
necessary to carry out the preceding sentence.
(5) Except in the case of an eligible patient for
whom it is not feasible to relocate for purposes of
subsection (c)(3), each eligible patient may make an
irrevocable choice of one of the following long-term
care options:
(A) For the remainder of his or her life,
the patient may reside at the Center.
(B) For the remainder of his or her life,
the patient may elect to receive payments each
year in an annual amount of $33,000 (adjusted
for fiscal year 1998 and each subsequent fiscal
year to the extent necessary to offset inflation
occurring after October 1, 1996), which pay-
ments are in complete discharge of the obliga-
tion of the Federal Government under para-
graph (4). If the individual makes the election
under the preceding sentence, the Federal Gov-
ernment does not under such paragraph have
any responsibilities regarding the daily life of
the patient, other than making such payments.
(6) The Secretary shall provide to each eligible
patient such information and time as may be nec-
essary for the patient to make an informed decision
regarding the options under paragraph (5).
(f) For purposes of this section:
status is not a deterrent to participation in the
project.
(b) None of the funds made available in this Act may
be expended for the program under section 1001 of title
X of the Public Health Service Act after the expiration
of the 180-day period beginning on the date of the enact-
ment of this Act unless the Secretary of Health and
Human Services submits to the Congress, not later than
such date of expiration, a report providing, to the extent
that the information is available to the Secretary, the fol-
lowing information for the most recent fiscal year for
which the information is available:
(1) The number of individuals who receive fam-
ily planning services through voluntary family plan-
ning projects under such section 1001, and the de-
mographic characteristics of the individuals.
(2) The types of family planning services cho-
sen by recipients of services from such projects.
(3) The number of individuals served by such
projects who are—
(A) at risk of unintended pregnancy; and
(B) from a family with a total annual in-
come not exceeding 250 percent.
(4) The extent to which the availability of fam-
ily planning services from such projects has, among
individuals served by the projects, reduced the num-
ber of unintended pregnancies, reduced the number
of abortions, and reduced the number of cases of
sexually transmitted diseases.
(5) The extent to which the availability of fam-
ily planning services from such projects has reduced
Federal and State expenditures for—
(A) the program under title XIX of the So-
cial Security Act (commonly known as the Med-
icaid program); and
(B) the programs under title IV of such
Act (commonly referred to as welfare pro-
grams).
SEC. 215. Amounts available in this title for congres-
sional and legislative affairs, public affairs, and intergov-
ernmental affairs activities are hereby reduced by
$2,000,000.
This title may be cited as the ‘‘Department of Health
and Human Services Appropriations Act, 1997’’.
TITLE III—DEPARTMENT OF EDUCATION
EDUCATION REFORM
For carrying out activities authorized by the School-
to-Work Opportunities Act, $175,000,000, which shall be-
come available on July 1, 1997, and remain available
through September 30, 1998.
EDUCATION FOR THE DISADVANTAGED
For carrying out title I of the Elementary and Sec-
ondary Education Act of 1965, $7,204,130,000 (increased
by $20,000,000) (increased by $1,000,000), of which
$5,895,244,000 (increased by $20,000,000) (increased by
$1,000,000) shall become available on July 1, 1997, and
shall remain available through September 30, 1998, and
of which $1,298,386,000 shall become available on Octo-
ber 1, 1997 and shall remain available through September
30, 1998, for academic year 1997–1998: Provided, That
$6,042,766,000 (increased by $1,000,000) shall be avail-
able for basic grants under section 1124: Provided further,
That up to $3,500,000 of these funds shall be available
to the Secretary on October 1, 1996, to obtain updated
local-educational-agency-level census poverty data from
the Bureau of the Census: Provided further, That
$684,082,000 (increased by $20,000,000) shall be avail-
able for concentration grants under section 1124(A) and
$7,000,000 shall be available for evaluations under section
1501.
IMPACT AID
For carrying out programs of financial assistance to
federally affected schools authorized by title VIII of the
Elementary and Secondary Education Act of 1965,
$728,000,000, of which $615,500,000 shall be for basic
support payments under section 8003(b), $40,000,000
shall be for payments for children with disabilities under
section 8003(d), $50,000,000, to remain available until
expended, shall be for payments under section 8003(f),
$5,000,000 shall be for construction under section 8007,
and $17,500,000 shall be for Federal property payments
under section 8002.
SCHOOL IMPROVEMENT PROGRAMS
For carrying out school improvement activities au-
thorized by titles IV–A–1, V–A, VI, IX, X and XIII of
the Elementary and Secondary Education Act of 1965; the
Stewart B. McKinney Homeless Assistance Act; and the
Civil Rights Act of 1964; $1,235,383,000 of which
$1,071,495,000 shall become available on July 1, 1997,
and remain available through September 30, 1998: Pro-
vided, That of the amount appropriated, $606,517,000
shall be for innovative education program strategies State
grants under title VI–A: Provided further, That the per-
centage of the funds appropriated under this heading for
innovative education program strategies State grants that
are allocated to any State or territory shall not be less
than the percentage allocated to such State or territory
from the total of the funds appropriated in appropriation
laws for fiscal year 1996 for the combined totals of such
grants plus Eisenhower professional development State
grants, foreign language assistance grants, and the star
schools program.
BILINGUAL AND IMMIGRANT EDUCATION
For carrying out, to the extent not otherwise pro-
vided, bilingual and immigrant education activities author-
ized by parts A and C of title VII of the Elementary and
Secondary Education Act, without regard to section
7103(b), $167,190,000, of which $50,000,000 shall be for
immigrant education programs authorized by part C: Pro-
vided, 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 De-
partment of Education should only support instructional
programs which ensure that students completely master
English in a timely fashion (a period of three to five years)
while meeting rigorous achievement standards in the aca-
demic content areas.
SPECIAL EDUCATION
For carrying out the Individuals with Disabilities
Education Act (except part I), $3,246,315,000, of which
$3,000,000,000 shall become available for obligation on
July 1, 1997, and shall remain available through Septem-
ber 30, 1998.
REHABILITATION SERVICES AND DISABILITY RESEARCH
For carrying out, to the extent not otherwise pro-
vided, the Rehabilitation Act of 1973, the Technology-Re-
lated Assistance for Individuals with Disabilities Act, and
the Helen Keller National Center Act, as amended,
$2,509,447,000.
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.), $6,680,000.
NATIONAL TECHNICAL INSTITUTE FOR THE DEAF
For the National Technical Institute for the Deaf
under titles I and II of the Education of the Deaf Act
of 1986 (20 U.S.C. 4301 et seq.), $43,041,000: Provided,
That from the amount available, the Institute may at its
discretion use funds for the endowment program as au-
thorized under section 207.
GALLAUDET UNIVERSITY
For the Kendall Demonstration Elementary School,
the Model Secondary School for the Deaf, and the partial
support of Gallaudet University under titles I and II of
the Education of the Deaf Act of 1986 (20 U.S.C. 4301
et seq.), $79,182,000: Provided, That from the amount
available, the University may at its discretion use funds
for the endowment program as authorized under section
207.
VOCATIONAL AND ADULT EDUCATION
For carrying out, to the extent not otherwise pro-
vided, the Carl D. Perkins Vocational and Applied Tech-
nology Education Act and the Adult Education Act,
$1,329,669,000, of which $1,326,750,000 shall become
available on July 1, 1997 and shall remain available
through September 30, 1998: Provided, That no funds
shall be awarded to a State Council under section 112(f)
of the Carl D. Perkins Vocational and Applied Technology
Education Act, and no State shall be required to operate
such a Council.
STUDENT FINANCIAL ASSISTANCE
For carrying out subparts 1 and 3 of part A, part
C and part E of title IV of the Higher Education Act of
1965, as amended, $6,630,407,000, which shall remain
available through September 30, 1998.
The maximum Pell Grant for which a student shall
be eligible during award year 1997–1998 shall be $2,500:
Provided, That notwithstanding section 401(g) of the Act,
if the Secretary determines, prior to publication of the
payment schedule for such award year, that the amount
included within this appropriation for Pell Grant awards
in such award year, and any funds available from the fis-
cal year 1996 appropriation for Pell Grant awards, are
insufficient to satisfy fully all such awards for which stu-
dents are eligible, as calculated under section 401(b) of
the Act, the amount paid for each such award shall be
reduced by either a fixed or variable percentage, or by a
fixed dollar amount, as determined in accordance with a
schedule of reductions established by the Secretary for this
purpose.
FEDERAL FAMILY EDUCATION LOAN PROGRAM ACCOUNT
For Federal administrative expenses to carry out
guaranteed student loans authorized by title IV, part B,
of the Higher Education Act, as amended, $29,977,000.
HIGHER EDUCATION
For carrying out, to the extent not otherwise pro-
vided, parts A and B of title III, without regard to section
360(a)(1)(B)(ii), titles IV, V, VI, VII, and IX, part A and
subpart 1 of part B of title X, and title XI of the Higher
Education Act of 1965, as amended, and the Mutual Edu-
cational 
and 
Cultural 
Exchange 
Act 
of 
1961;
$829,497,000, of which $15,673,000 for interest subsidies
under title VII of the Higher Education Act, as amended,
shall remain available until expended: Provided, That
funds available for part D of title IX of the Higher Edu-
cation Act shall be available to fund noncompeting con-
tinuation awards for academic year 1997–1998 for fellow-
ships awarded originally under parts B and C of title IX
of said Act, under the terms and conditions of parts B
and C, respectively.
HOWARD UNIVERSITY
For partial support of Howard University (20 U.S.C.
121 et seq.), $187,348,000: Provided, That from the
amount available, the University may at its discretion use
funds for the endowment program as authorized under the
Howard University Endowment Act (Public Law 98–480).
HIGHER EDUCATION FACILITIES LOANS
The Secretary is hereby authorized to make such ex-
penditures, within the limits of funds available under this
heading and in accord with law, and to make such con-
tracts and commitments without regard to fiscal year limi-
tation, as provided by section 104 of the Government Cor-
poration Control Act (31 U.S.C. 9104), as may be nec-
essary in carrying out the program for the current fiscal
year.
COLLEGE HOUSING AND ACADEMIC FACILITIES LOANS
PROGRAM
For administrative expenses to carry out the existing
direct loan program of college housing and academic facili-
ties loans entered into pursuant to title VII, part C, of
the Higher Education Act, as amended, $698,000.
COLLEGE HOUSING LOANS
Pursuant to title VII, part C of the Higher Education
Act, as amended, for necessary expenses of the college
housing loans program, the Secretary shall make expendi-
tures and enter into contracts without regard to fiscal year
limitation using loan repayments and other resources
available to this account. Any unobligated balances becom-
ing available from fixed fees paid into this account pursu-
ant to 12 U.S.C. 1749d, relating to payment of costs for
inspections and site visits, shall be available for the operat-
ing expenses of this account.
HISTORICALLY BLACK COLLEGE AND UNIVERSITY
CAPITAL FINANCING, PROGRAM ACCOUNT
The total amount of bonds insured pursuant to sec-
tion 724 of title VII, part B of the Higher Education Act
shall not exceed $357,000,000, and the cost, as defined
in section 502 of the Congressional Budget Act of 1974,
of such bonds shall not exceed zero.
For administrative expenses to carry out the Histori-
cally Black College and University Capital Financing Pro-
gram entered into pursuant to title VII, part B of the
Higher Education Act, as amended, $104,000.
EDUCATION RESEARCH, STATISTICS, AND IMPROVEMENT
For carrying out activities authorized by the Edu-
cational Research, Development, Dissemination, and Im-
provement Act of 1994; the National Education Statistics
Act of 1994; section 2102(c)(11), sections 3136 and 3141,
parts A, B, 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, $319,264,000: Provided, That $48,000,000 shall be
for sections 3136 and 3141 of the Elementary and Sec-
ondary Education Act: Provided further, That none of the
funds appropriated in this paragraph may be obligated or
expended for the Goals 2000 Community Partnerships
Program.
LIBRARIES
For carrying out, to the extent not otherwise pro-
vided, titles I, III, and IV of the Library Services and Con-
struction Act, and title II–B of the Higher Education Act,
$108,000,000, of which $2,500,000 shall be for section
222 and $1,000,000 shall be for section 223 of the Higher
Education Act.
DEPARTMENTAL MANAGEMENT
PROGRAM ADMINISTRATION
For carrying out, to the extent not otherwise pro-
vided, the Department of Education Organization Act, in-
cluding rental of conference rooms in the District of Co-
lumbia and hire of two passenger motor vehicles,
$320,152,000 (decreased by $20,000,000) (decreased by
$1,000,000) (reduced by $1,923,000).
OFFICE FOR CIVIL RIGHTS
For expenses necessary for the Office for Civil
Rights, as authorized by section 203 of the Department
of Education Organization Act, $54,171,000.
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, $27,143,000, together
with any funds, to remain available until expended, that
represent the equitable share from the forfeiture of prop-
erty in investigations in which the Office of Inspector Gen-
eral participated, and which are transferred to the Office
of the Inspector General by the Department of Justice,
the Department of the Treasury, or the United States
Postal Service.
GENERAL PROVISIONS
SEC. 301. No funds appropriated in this Act may be
used for the transportation of students or teachers (or for
the purchase of equipment for such transportation) in
order to overcome racial imbalance in any school or school
system, or for the transportation of students or teachers
(or for the purchase of equipment for such transportation)
in order to carry out a plan of racial desegregation of any
school or school system.
SEC. 302. None of the funds contained in this Act
shall be used to require, directly or indirectly, the trans-
portation of any student to a school other than the school
which is nearest the student’s home, except for a student
requiring special education, to the school offering such
special education, in order to comply with title VI of the
Civil Rights Act of 1964. For the purpose of this section
an indirect requirement of transportation of students in-
cludes the transportation of students to carry out a plan
involving the reorganization of the grade structure of
schools, the pairing of schools, or the clustering of schools,
or any combination of grade restructuring, pairing or clus-
tering. The prohibition described in this section does not
include the establishment of magnet schools.
SEC. 303. No funds appropriated under this Act may
be used to prevent the implementation of programs of vol-
untary prayer and meditation in the public schools.
SEC. 304. Notwithstanding any other provision of
law, funds available under section 458 of the Higher Edu-
cation Act shall not exceed $420,000,000 for fiscal year
1997. The Department of Education shall use at least
$134,000,000 for payment of administrative cost allow-
ances owed to guaranty agencies for fiscal years 1996 and
1997. The Department of Education shall pay administra-
tive cost allowances to guaranty agencies, to be paid quar-
terly. Receipt of such funds and uses of such funds by
guaranty agencies shall be in accordance with section
428(f) of the Higher Education Act.
Notwithstanding section 458 of the Higher Education
Act, the Secretary may not use funds available under that
section or any other section for subsequent fiscal years
for administrative expenses of the William D. Ford Direct
Loan Program. The Secretary may not require the return
of guaranty agency reserve funds during fiscal year 1997,
except after consultation with both the Chairmen and
ranking members of the House Economic and Educational
Opportunities Committee and the Senate Labor and
Human Resources Committee. Any reserve funds recov-
ered by the Secretary shall be returned to the Treasury
of the United States for purposes of reducing the Federal
deficit.
No funds available to the Secretary may be used for
(1) the hiring of advertising agencies or other third parties
to provide advertising services for student loan programs,
or (2) payment of administrative fees relating to the Wil-
liam D. Ford Direct Loan Program to institutions of high-
er education.
SEC. 305. None of the funds appropriated in this Act
may be obligated or expended to carry out sections 727,
932, and 1002 of the Higher Education Act of 1965, and
section 621(b) of Public Law 101–589.
(TRANSFER OF FUNDS)
SEC. 306. Not to exceed 1 percent of any discre-
tionary funds (pursuant to the Balanced Budget and
Emergency Deficit Control Act, as amended) which are
appropriated for the current fiscal year for the Depart-
ment of Education in this Act may be transferred between
appropriations, but no such appropriation shall be in-
creased by more than 3 percent by any such transfer: Pro-
vided, That the Appropriations Committees of both
Houses of Congress are notified at least fifteen days in
advance of any transfer.
SEC. 307. (a) Section 8003(f)(3)(A)(i) of the Ele-
mentary and Secondary Education Act of 1965 (20 U.S.C.
7703(f)(3)(A)(i)) is amended—
(1) in the matter preceding subclause (I), by
striking ‘‘The Secretary’’ and all that follows
through ‘‘greater of—’’ and inserting the following:
‘‘The Secretary, in conjunction with the local edu-
cational agency, shall first determine each of the fol-
lowing:’’;
(2) in each of subclauses (I) through (III), by
striking ‘‘the average’’ each place it appears the first
time in each such subclause and inserting ‘‘The av-
erage’’;
(3) in subclause (I), by striking the semicolon
and inserting a period;
(4) in subclause (II), by striking ‘‘: or’’ and in-
serting a period; and
(5) by adding at the end the following:
‘‘The local educational agency shall select one
of the amounts determined under subclause (I),
(II), or (III) for purposes of the remaining
computations under this subparagraph.’’.
(b) The amendments made by subsection (a) shall
apply with respect to fiscal years beginning with fiscal
year 1995.
TITLE III-A—WOMEN’S EDUCATIONAL EQUITY
INCREASE
The amount provided in title III for ‘‘School Improve-
ment Programs’’ (including for activities authorized by
title V–B of the Elementary and Secondary Education Act
of 1965) is increased, and the amount provided in title
III for ‘‘Education Research, Statistics, and Improve-
ment’’ is reduced; by $2,000,000, and $2,000,000, respec-
tively.
These titles may be cited as the ‘‘Department of Edu-
cation Appropriations Act, 1997’’.
TITLE IV—RELATED AGENCIES
ARMED FORCES RETIREMENT HOME
For expenses necessary for the Armed Forces Retire-
ment Home to operate and maintain the United States
Soldiers’ and Airmen’s Home and the United States Naval
Home, to be paid from funds available in the Armed
Forces Retirement Home Trust Fund, $53,184,000, of
which $432,000 shall remain available until expended for
construction and renovation of the physical plants at the
United States Soldiers’ and Airmen’s Home and the Unit-
ed States Naval Home: Provided, That this appropriation
shall not be available for the payment of hospitalization
of members of the Soldiers’ and Airmen’s Home in United
States Army hospitals at rates in excess of those pre-
scribed by the Secretary of the Army upon recommenda-
tion of the Board of Commissioners and the Surgeon Gen-
eral of the Army.
CORPORATION FOR NATIONAL AND COMMUNITY SERVICE
DOMESTIC VOLUNTEER SERVICE PROGRAMS, OPERATING
EXPENSES
For expenses necessary for the Corporation for Na-
tional and Community Service to carry out the provisions
of the Domestic Volunteer Service Act of 1973, as amend-
ed, $202,046,000 (increased by $1,923,000).
CORPORATION FOR PUBLIC BROADCASTING
For payment to the Corporation for Public Broad-
casting, as authorized by the Communications Act of
1934, an amount which shall be available within limita-
tions specified by that Act, for the fiscal year 1999,
$250,000,000: Provided, That no funds made available to
the Corporation for Public Broadcasting by this Act shall
be used to pay for receptions, parties, or similar forms
of entertainment for Government officials or employees:
Provided further, That none of the funds contained in this
paragraph shall be available or used to aid or support any
program or activity from which any person is excluded,
or is denied benefits, or is discriminated against, on the
basis of race, color, national origin, religion, or sex.
FEDERAL MEDIATION AND CONCILIATION SERVICE
SALARIES AND EXPENSES
For expenses necessary for the Federal Mediation
and Conciliation Service to carry out the functions vested
in it by the Labor Management Relations Act, 1947 (29
U.S.C. 171–180, 182–183), including hire of passenger
motor vehicles; and for expenses necessary for the Labor-
Management Cooperation Act of 1978 (29 U.S.C. 175a);
and for expenses necessary for the Service to carry out
the functions vested in it by the Civil Service Reform Act,
Public Law 95–454 (5 U.S.C. chapter 71), $32,579,000
including $1,500,000, to remain available through Sep-
tember 30, 1998, for activities authorized by the Labor-
Management Cooperation Act of 1978 (29 U.S.C. 175a):
Provided, That notwithstanding 31 U.S.C. 3302, fees
charged, up to full-cost recovery, for special training ac-
tivities and for arbitration services shall be credited to and
merged with this account, and shall remain available until
expended: Provided further, That fees for arbitration serv-
ices shall be available only for education, training, and
professional development of the agency workforce: Pro-
vided further, That the Director of the Service is author-
ized to accept on behalf of the United States gifts of serv-
ices and real, personal, or other property in the aid of any
projects or functions within the Director’s jurisdiction.
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), $812,000.
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, $1,757,000.
NATIONAL EDUCATION GOALS PANEL
For expenses necessary for the National Education
Goals Panel, as authorized by title II, part A of the Goals
2000: Educate America Act, $974,000.
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, $144,692,000: Pro-
vided, That no part of this appropriation shall be available
to organize or assist in organizing agricultural laborers or
used in connection with investigations, hearings, direc-
tives, or orders concerning bargaining units composed of
agricultural laborers as referred to in section 2(3) of the
Act of July 5, 1935 (29 U.S.C. 152), and as amended
by the Labor-Management Relations Act, 1947, as amend-
ed, and as defined in section 3(f) of the Act of June 25,
1938 (29 U.S.C. 203), and including in said definition em-
ployees engaged in the maintenance and operation of
ditches, canals, reservoirs, and waterways when main-
tained or operated on a mutual, nonprofit basis and at
least 95 per centum of the water stored or supplied there-
by is used for farming purposes: Provided further, That
none of the funds made available by this Act shall be used
in any way to promulgate a final rule (altering 29 CFR
part 103) regarding single location bargaining units in
representation cases.
NATIONAL MEDIATION BOARD
SALARIES AND EXPENSES
For expenses necessary to carry out the provisions
of the Railway Labor Act, as amended (45 U.S.C. 151–
188), including emergency boards appointed by the Presi-
dent, $7,656,000.
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),
$7,753,000.
PHYSICIAN PAYMENT REVIEW COMMISSION
SALARIES AND EXPENSES
For expenses necessary to carry out section 1845(a)
of the Social Security Act, $2,920,000, to be transferred
to this appropriation from the Federal Supplementary
Medical Insurance Trust Fund.
PROSPECTIVE PAYMENT ASSESSMENT COMMISSION
SALARIES AND EXPENSES
For expenses necessary to carry out section 1886(e)
of the Social Security Act, $3,263,000, to be transferred
to this appropriation from the Federal Hospital Insurance
and the Federal Supplementary Medical Insurance Trust
Funds.
SOCIAL SECURITY ADMINISTRATION
PAYMENTS TO SOCIAL SECURITY TRUST FUNDS
For payment to the Federal Old-Age and Survivors
Insurance and the Federal Disability Insurance trust
funds, as provided under sections 201(m), 228(g), and
1131(b)(2) of the Social Security Act, $20,923,000.
In addition, to reimburse these trust funds for admin-
istrative expenses to carry out sections 9704 and 9706 of
the Internal Revenue Code of 1986, $10,000,000, to re-
main available until expended.
SPECIAL BENEFITS FOR DISABLED COAL MINERS
For carrying out title IV of the Federal Mine Safety
and Health Act of 1977, $460,070,000, to remain avail-
able until expended.
For making, after July 31 of the current fiscal year,
benefit payments to individuals under title IV of the Fed-
eral Mine Safety and Health Act of 1977, for costs in-
curred in the current fiscal year, such amounts as may
be necessary.
For making benefit payments under title IV of the
Federal Mine Safety and Health Act of 1977 for the first
quarter of fiscal year 1998, $160,000,000, to remain
available until expended.
SUPPLEMENTAL SECURITY INCOME PROGRAM
For carrying out titles XI and XVI of the Social Se-
curity Act, section 401 of Public Law 92–603, section 212
of Public Law 93–66, as amended, and section 405 of
Public Law 95–216, including payment to the Social Secu-
rity trust funds for administrative expenses incurred pur-
suant to section 201(g)(1) of the Social Security Act,
$19,422,115,000, 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.
In addition, $25,000,000, to remain available until
September 30, 1998, for continuing disability reviews as
authorized by section 103 of Public Law 104–121. The
term ‘‘continuing disability reviews’’ has the meaning
given such term by section 201(g)(1)(A) of the Social Se-
curity Act.
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 carrying out title XVI of the Social Security Act
for the first quarter of fiscal year 1998, $9,690,000,000,
to remain available until expended.
LIMITATION ON ADMINISTRATIVE EXPENSES
For necessary expenses, including the hire of two pas-
senger motor vehicles, and not to exceed $10,000 for offi-
cial reception and representation expenses, not more than
$5,899,797,000 may be expended, as authorized by sec-
tion 201(g)(1) of the Social Security Act or as necessary
to carry out sections 9704 and 9706 of the Internal Reve-
nue Code of 1986 from any one or all of the trust funds
referred to therein: Provided, That reimbursement to the
trust funds under this heading for administrative expenses
to carry out sections 9704 and 9706 of the Internal Reve-
nue Code of 1986 shall be made, with interest, not later
than September 30, 1998: Provided further, That not less
than $1,500,000 shall be for the Social Security Advisory
Board.
From funds provided under the previous paragraph,
not less than $200,000,000 shall be available for conduct-
ing continuing disability reviews.
In addition to funding already available under this
heading, and subject to the same terms and conditions,
$160,000,000, to remain available until September 30,
1998, for continuing disability reviews as authorized by
section 103 of Public Law 104–121. The term ‘‘continuing
disability reviews’’ has the meaning given such term by
section 201(g)(1)(A) of the Social Security Act.
In addition to funding already available under this
heading, and subject to the same terms and conditions,
$250,073,000, which shall remain available until ex-
pended, to invest in a state-of-the-art computing network,
including related equipment and 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 Se-
curity Act.
OFFICE OF INSPECTOR GENERAL
For expenses necessary for the Office of Inspector
General in carrying out the provisions of the Inspector
General Act of 1978, as amended, $6,335,000, together
with not to exceed $21,089,000, to be transferred and ex-
pended as authorized by section 201(g)(1) of the Social
Security Act from the Federal Old-Age and Survivors In-
surance Trust Fund and the Federal Disability Insurance
Trust Fund.
RAILROAD RETIREMENT BOARD
DUAL BENEFITS PAYMENTS ACCOUNT
For payment to the Dual Benefits Payments Ac-
count, authorized under section 15(d) of the Railroad Re-
tirement Act of 1974, $223,000,000, which shall include
amounts becoming available in fiscal year 1997 pursuant
to section 224(c)(1)(B) of Public Law 98–76; and in addi-
tion, an amount, not to exceed 2 percent of the amount
provided herein, shall be available proportional to the
amount by which the product of recipients and the average
benefit received exceeds $223,000,000: Provided, That the
total amount provided herein shall be credited in 12 ap-
proximately equal amounts on the first day of each month
in the fiscal year.
FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT
ACCOUNTS
For payment to the accounts established in the
Treasury for the payment of benefits under the Railroad
Retirement Act for interest earned on unnegotiated
checks, $300,000, to remain available through September
30, 1998, 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,
$87,898,000, to be derived in such amounts as determined
by the Board from the railroad retirement accounts and
from moneys credited to the railroad unemployment insur-
ance administration fund.
LIMITATION ON THE OFFICE OF INSPECTOR GENERAL
For expenses necessary for the Office of Inspector
General for audit, investigatory and review activities, as
authorized by the Inspector General Act of 1978, as
amended, not more than $5,268,000, to be derived from
the railroad retirement accounts and railroad unemploy-
ment insurance account: Provided, That none of the funds
made available in this Act may be transferred to the Office
from the Department of Health and Human Services, or
used to carry out any such transfer: Provided further, That
none of the funds made available in this paragraph may
be used for any audit, investigation, or review of the Medi-
care program.
UNITED STATES INSTITUTE OF PEACE
OPERATING EXPENSES
For necessary expenses of the United States Institute
of Peace as authorized in the United States Institute of
Peace Act, $11,160,000.
TITLE V—GENERAL PROVISIONS
SEC. 501. The Secretaries of Labor, Health and
Human Services, and Education are authorized to transfer
unexpended balances of prior appropriations to accounts
corresponding to current appropriations provided in this
Act: Provided, That such transferred balances are used for
the same purpose, and for the same periods of time, for
which they were originally appropriated.
SEC. 502. No part of any appropriation contained in
this Act shall remain available for obligation beyond the
current fiscal year unless expressly so provided herein.
SEC. 503. (a) No part of any appropriation contained
in this Act shall be used, other than for normal and recog-
nized executive-legislative relationships, for publicity or
propaganda purposes, for the preparation, distribution, or
use of any kit, pamphlet, booklet, publication, radio, tele-
vision, or video presentation designed to support or defeat
legislation pending before the Congress, except in presen-
tation to the Congress itself.
(b) No part of any appropriation contained in this
Act shall be used to pay the salary or expenses of any
grant or contract recipient, or agent acting for such recipi-
ent, related to any activity designed to influence legislation
or appropriations pending before the Congress.
SEC. 504. The Secretaries of Labor and Education
are each authorized to make available not to exceed
$15,000 from funds available for salaries and expenses
under titles I and III, respectively, for official reception
and representation expenses; the Director of the Federal
Mediation and Conciliation Service is authorized to make
available for official reception and representation expenses
not to exceed $2,500 from the funds available for ‘‘Sala-
ries and expenses, Federal Mediation and Conciliation
Service’’; and the Chairman of the National Mediation
Board is authorized to make available for official reception
and representation expenses not to exceed $2,500 from
funds available for ‘‘Salaries and expenses, National Medi-
ation Board’’.
SEC. 505. Notwithstanding any other provision of
this Act, no funds appropriated under this Act shall be
used to carry out any program of distributing sterile nee-
dles for the hypodermic injection of any illegal drug unless
the Secretary of Health and Human Services determines
that such programs are effective in preventing the spread
of HIV and do not encourage the use of illegal drugs.
SEC. 506. (a) PURCHASE
OF
AMERICAN-MADE
EQUIPMENT AND PRODUCTS.—It is the sense of the Con-
gress that, to the greatest extent practicable, all equip-
ment and products purchased with funds made available
in this Act should be American-made.
(b) NOTICE REQUIREMENT.—In providing financial
assistance to, or entering into any contract with, any en-
tity using funds made available in this Act, the head of
each Federal agency, to the greatest extent practicable,
shall provide to such entity a notice describing the state-
ment made in subsection (a) by the Congress.
(c) PROHIBITION
OF CONTRACTS WITH PERSONS
FALSELY LABELING PRODUCTS AS MADE IN AMERICA.—
If it has been finally determined by a court or Federal
agency that any person intentionally affixed a label bear-
ing a ‘‘Made in America’’ inscription, or any inscription
with the same meaning, to any product sold in or shipped
to the United States that is not made in the United
States, the person shall be ineligible to receive any con-
tract or subcontract made with funds made available in
this Act, pursuant to the debarment, suspension, and ineli-
gibility procedures described in sections 9.400 through
9.409 of title 48, Code of Federal Regulations.
SEC. 507. When issuing statements, press releases,
requests for proposals, bid solicitations and other docu-
ments describing projects or programs funded in whole or
in part with Federal money, all grantees receiving Federal
funds, including but not limited to State and local govern-
ments and recipients of Federal research grants, shall
clearly state (1) the percentage of the total costs of the
program or project which will be financed with Federal
money, (2) the dollar amount of Federal funds for the
project or program, and (3) percentage and dollar amount
of the total costs of the project or program that will be
financed by nongovernmental sources.
SEC. 508. None of the funds appropriated under this
Act shall be expended for any abortion except when it is
made known to the Federal entity or official to which
funds are appropriated under this Act that such procedure
is necessary to save the life of the mother or that the preg-
nancy is the result of an act of rape or incest.
SEC. 509. Notwithstanding any other provision of
law—
(1) no amount may be transferred from an ap-
propriation account for the Departments of Labor,
Health and Human Services, and Education except
as authorized in this or any subsequent appropria-
tion act, or in the Act establishing the program or
activity for which funds are contained in this Act;
(2) no department, agency, or other entity,
other than the one responsible for administering the
program or activity for which an appropriation is
made in this Act, may exercise authority for the tim-
ing of the obligation and expenditure of such appro-
priation, or for the purposes for which it is obligated
and expended, except to the extent and in the man-
ner otherwise provided in sections 1512 and 1513 of
title 31, United States Code; and
(3) no funds provided under this Act shall be
available for the salary (or any part thereof) of an
employee who is reassigned on a temporary detail
basis to another position in the employing agency or
department or in any other agency or department,
unless the detail is independently approved by the
head of the employing department or agency.
SEC. 510. None of the funds made available in this
Act may be used for the expenses of an electronic benefit
transfer (EBT) task force.
SEC. 511. None of the funds made available in this
Act may be used to enforce the requirements of section
428(b)(1)(U)(iii) of the Higher Education Act of 1965
with respect to any lender when it is made known to the
Federal official having authority to obligate or expend
such funds that the lender has a loan portfolio under part
B of title IV of such Act that is equal to or less than
$5,000,000.
SEC. 512. (a) None of the funds made available in
this Act may be used for—
(1) the creation of a human embryo or embryos
for research purposes; or
(2) research in which a human embryo or em-
bryos are destroyed, discarded, or knowingly sub-
jected to risk of injury or death greater than that
allowed for research on fetuses in utero under 45
CFR 46.208(a)(2) and section 498(b) of the Public
Health Service Act (42 U.S.C. 289g(b)).
(b) For purposes of this section, the term ‘‘human
embryo or embryos’’ include any organism, not protected
as a human subject under 45 CFR 46 as of the date of
the enactment of this Act, that is derived by fertilization,
parthenogenesis, cloning, or any other means from one or
more human gametes.
SEC. 513. None of the funds made available in this
Act may be used by the National Labor Relations Board
to assert jurisdiction over any labor dispute when it is
made known to the Federal official having authority to
obligate or expend such funds that—
(1) the labor dispute does not involve any class
or category of employer over which the Board would
assert jurisdiction under the standards prevailing on
August 1, 1959, with each financial threshold
amount adjusted for inflation by—
(A) using changes in the Consumer Price
Index for all urban consumers published by the
Department of Labor;
(B) using as the base period the later of
(i) the most recent calendar quarter ending be-
fore the financial threshold amount was estab-
lished; or (ii) the calendar quarter ending June
30, 1959; and
(C) rounding the adjusted financial thresh-
old amount to the nearest $10,000; and
(2) the effect of the labor dispute on interstate
commerce is not otherwise sufficiently substantial to
warrant the exercise of the Board’s jurisdiction.
SEC. 514. None of the funds made available in this
Act may be used to provide any direct benefit or assistance
to any individual in the United States when it is made
known to the Federal official having authority to obligate
or expend such funds that—
(1) the individual is not lawfully within the
United States; and
(2) the benefit or assistance to be provided is
other than emergency medical assistance; a benefit
mandated by the federal courts to be provided by the
State; or public health assistance for immunizations
with respect to immunizable diseases, testing and
treatment for communicable diseases, and treatment
for symptoms of communicable diseases whether or
not such symptoms are actually caused by a commu-
nicable disease.
SEC. 515. The Mine Safety and Health Administra-
tion shall not close or relocate any safety and health tech-
nology center until after submitting to the Committee on
Appropriations of the House of Representatives a detailed
analysis of the cost savings anticipated from such action
and the effects of such action on the provision of services,
including timely on-site assistance during mine emer-
gencies.
SEC. 516. (a) LIMITATION ON USE OF FUNDS FOR
PROMOTION OF LEGALIZATION OF CONTROLLED SUB-
STANCES.—None of the funds made available in this Act
may be used for any activity when it is made known to
the Federal official having authority to obligate or expend
such funds that the activity promotes the legalization of
any drug or other substance included in schedule I of the
schedules of controlled substances established by section
202 of the Controlled Substances Act (21 U.S.C. 812).
(b) EXCEPTIONS.—The limitation in subsection (a)
shall not apply when it is made known to the Federal offi-
cial having authority to obligate or expend such funds that
there is significant medical evidence of a therapeutic ad-
vantage to the use of such drug or other substance or that
Federally-sponsored clinical trials are being conducted to
determine therapeutic advantage.
SEC. 517. (a) DENIAL OF FUNDS FOR PREVENTING
ROTC ACCESS TO CAMPUS.—None of the funds made
available in this Act may be provided by contract or by
grant (including a grant of funds to be available for stu-
dent aid) to an institution of higher education when it is
made known to the Federal official having authority to
obligate or expend such funds that the institution (or any
subelement thereof) has a policy or practice (regardless
of when implemented) that prohibits, or in effect pre-
vents—
(1) the maintaining, establishing, or operation
of a unit of the Senior Reserve Officer Training
Corps (in accordance with section 654 of title 10,
United States Code, and other applicable Federal
laws) at the institution (or subelement); or
(2) a student at the institution (or subelement)
from enrolling in a unit of the Senior Reserve Offi-
cer Training Corps at another institution of higher
education.
(b) EXCEPTION.—The limitation established in sub-
section (a) shall not apply to an institution of higher edu-
cation when it is made known to the Federal official hav-
ing authority to obligate or expend such funds that—
(1) the institution (or subelement) has ceased
the policy or practice described in such subsection;
or
(2) the institution has a longstanding policy of
pacifism based on historical religious affiliation.
SEC. 518. (a) DENIAL OF FUNDS FOR PREVENTING
FEDERAL MILITARY RECRUITING ON CAMPUS.—None of
the funds made available in this Act may be provided by
contract or grant (including a grant of funds to be avail-
able for student aid) to any institution of higher education
when it is made known to the Federal official having au-
thority to obligate or expend such funds that the institu-
tion (or any subelement thereof) has a policy or practice
(regardless of when implemented) that prohibits, or in ef-
fect prevents—
(1) entry to campuses, or access to students
(who are 17 years of age or older) on campuses, for
purposes of Federal military recruiting; or
(2) access to the following information pertain-
ing to students (who are 17 years of age or older)
for purposes of Federal military recruiting: student
names, addresses, telephone listings, dates and
places of birth, levels of education, degrees received,
prior military experience, and the most recent pre-
vious educational institutions enrolled in by the stu-
dents.
(b) EXCEPTION.—The limitation established in sub-
section (a) shall not apply to an institution of higher edu-
cation when it is made known to the Federal official hav-
ing authority to obligate or expend such funds that—
(1) the institution (or subelement) has ceased
the policy or practice described in such subsection;
or
(2) the institution has a longstanding policy of
pacifism based on historical religious affiliation.
SEC. 519. None of the funds made available in this
Act may be obligated or expended to enter into or renew
a contract with an entity when it is made known to the
Federal official having authority to obligate or expend
such funds that—
(1) such entity is otherwise a contractor with
the United States and is subject to the requirement
in section 4212(d) of title 38, United States Code,
regarding submission of an annual report to the Sec-
retary of Labor concerning employment of certain
veterans; and
(2) such entity has not submitted a report as
required by that section for the most recent year for
which such requirement was applicable to such en-
tity.
SEC. 520. None of the funds made available in this
Act to the Department of Labor may be used to enforce
section 1926.28(a) of title 29, Code of Federal Regula-
tions, with respect to any operation, when it is made
known to the Federal official having authority to obligate
or expend such funds that such enforcement pertains to
a requirement that workers wear long pants and such re-
quirement would cause workers to experience extreme dis-
comfort due to excessively high air temperatures.
SEC. 521. None of the funds made available in this
Act may be used to order, direct, enforce, or compel any
employer to pay backpay to any employee for any period
when it is made known to the Federal official to whom
the funds are made available that during such period the
employee was not lawfully entitled to be present and em-
ployed in the United States.
SEC. 522. (a) LIMITATION
ON TRANSFERS
FROM
MEDICARE TRUST FUNDS.—None of the funds made
available in this Act under the heading ‘‘Title II—Depart-
ment of Health and Human Services—Health Care Fi-
nancing Administration—Program Management’’ for
transfer from the Federal Hospital Insurance Trust Fund
or the Federal Supplementary Medical Insurance Trust
Fund may be used for expenditures for official time for
employees of the Department of Health and Human Serv-
ices pursuant to section 7131 of title 5, United States
Code, or for facilities or support services for labor organi-
zations pursuant to policies, regulations, or procedures re-
ferred to in section 7135(b) of such title.
(b) LIMITATION
ON
TRANSFERS
FROM
OASDI
TRUST FUNDS.—None of the funds made available in this
Act under the heading ‘‘Title IV—Related Agencies—So-
cial Security Administration—Limitation on Administra-
tive Expenses’’ for transfer from the Federal Old-Age and
Survivors Insurance Trust Fund or the Federal Disability
Insurance Trust Fund may be used for expenditures for
official time for employees of the Social Security Adminis-
tration pursuant to section 7131 of title 5, United States
Code, or for facilities or support services for labor organi-
zations pursuant to policies, regulations, or procedures re-
ferred to in section 7135(b) of such title.
SEC. 523. None of the funds appropriated in this Act
may be made available to any entity under title X of the
Public Health Service Act unless it is made known to the
Federal official having authority to obligate or expend
such funds that the applicant for the award certifies to
the Secretary that it encourages family participation in
the decision of the minor to seek family planning services.
This Act may be cited as the ‘‘Departments of Labor,
Health and Human Services, and Education, and Related
Agencies Appropriations Act, 1997’’.
Passed the House of Representatives July 12 (legis-
lative day of July 11), 1996.
Attest:
ROBIN H. CARLE,
Clerk.