H. R. 2520—29
ADMINISTRATIVE PROVISIONS, DEPARTMENT OF ENERGY
Appropriations under this Act for the current fiscal year shall
be available for hire of passenger motor vehicles; hire, maintenance,
and operation of aircraft; purchase, repair, and cleaning of uniforms;
and reimbursement to the General Services Administration for secu-
rity guard services.
From appropriations under this Act, transfers of sums may
be made to other agencies of the Government for the performance
of work for which the appropriation is made.
None of the funds made available to the Department of Energy
under this Act shall be used to implement or finance authorized
price support or loan guarantee programs unless specific provision
is made for such programs in an appropriations Act.
The Secretary is authorized to accept lands, buildings, equip-
ment, and other contributions from public and private sources and
to prosecute projects in cooperation with other agencies, Federal,
State, private, or foreign: Provided, That revenues and other moneys
received by or for the account of the Department of Energy or
otherwise generated by sale of products in connection with projects
of the Department appropriated under this Act may be retained
by the Secretary of Energy, to be available until expended, and
used only for plant construction, operation, costs, and payments
to cost-sharing entities as provided in appropriate cost-sharing con-
tracts or agreements: Provided further, That the remainder of reve-
nues after the making of such payments shall be covered into
the Treasury as miscellaneous receipts: Provided further, That any
contract, agreement, or provision thereof entered into by the Sec-
retary pursuant to this authority shall not be executed prior to
the expiration of 30 calendar days (not including any day in which
either House of Congress is not in session because of adjournment
of more than three calendar days to a day certain) from the receipt
by the Speaker of the House of Representatives and the President
of the Senate of a full comprehensive report on such project, includ-
ing the facts and circumstances relied upon in support of the
proposed project.
The Secretary of Energy may transfer to the Emergency
Preparedness appropriation such funds as are necessary to meet
any unforeseen emergency needs from any funds available to the
Department of Energy from this Act.
No funds provided in this Act may be expended by the Depart-
ment of Energy to prepare, issue, or process procurement documents
for programs or projects for which appropriations have not been
made.
The thirty-day waiting period required under this head in Pub-
lic Law 101–512, Department of Energy Administrative Provisions,
relating to a contract, agreement, or arrangement with a profit-
making or non-profit entity to conduct activities at the Department
of Energy’s research facilities at Bartlesville, Oklahoma, is hereby
waived.
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H. R. 2520—30
DEPARTMENT OF HEALTH AND HUMAN SERVICES
INDIAN HEALTH SERVICE
INDIAN HEALTH SERVICES
For expenses necessary to carry out the Act of August 5, 1954
(68 Stat. 674), the Indian Self-Determination Act, the Indian Health
Care Improvement Act, and titles III and XXVII and section 208
of the Public Health Service Act with respect to the Indian Health
Service, $1,645,877,000, together with payments received during
the fiscal year pursuant to 42 U.S.C. 300aaa–2 for services fur-
nished by the Indian Health Service: Provided, That funds made
available to tribes and tribal organizations through contracts, grant
agreements, or any other agreements or compacts authorized by
the Indian Self-Determination and Education Assistance Act of
1975 (88 Stat. 2203; 25 U.S.C. 450), shall be deemed to be obligated
at the time of the grant or contract award and thereafter shall
remain available to the tribe or tribal organization without fiscal
year limitation: Provided further, That $12,000,000 shall remain
available until expended, for the Indian Catastrophic Health Emer-
gency Fund: Provided further, That $337,848,000 for contract medi-
cal care shall remain available for obligation until September 30,
1995: Provided further, That of the funds provided, not less than
$11,526,000 shall be used to carry out the loan repayment program
under section 108 of the Indian Health Care Improvement Act,
as amended: Provided further, That funds provided in this Act
may be used for one-year contracts and grants which are to be
performed in two fiscal years, so long as the total obligation is
recorded in the year for which the funds are appropriated: Provided
further, That the amounts collected by the Secretary of Health
and Human Services under the authority of title IV of the Indian
Health Care Improvement Act shall be available for two fiscal
years after the fiscal year in which they were collected, for the
purpose of achieving compliance with the applicable conditions and
requirements of titles XVIII and XIX of the Social Security Act
(exclusive of planning, design, or construction of new facilities):
Provided further, That of the funds provided, $7,500,000 shall
remain available until expended, for the Indian Self-Determination
Fund, which shall be available for the transitional costs of initial
or expanded tribal contracts, grants or cooperative agreements with
the Indian Health Service under the provisions of the Indian Self-
Determination Act: Provided further, That funding contained herein,
and in any earlier appropriations Acts for scholarship programs
under the Indian Health Care Improvement Act (25 U.S.C. 1613)
shall remain available for obligation until September 30, 1995:
Provided further, That amounts received by tribes and tribal
organizations under title IV of the Indian Health Care Improvement
Act, as amended, shall be reported and accounted for and available
to the receiving tribes and tribal organizations until expended.
INDIAN HEALTH FACILITIES
For construction, repair, maintenance, improvement, and equip-
ment of health and related auxiliary facilities, including quarters
for personnel; preparation of plans, specifications, and drawings;
acquisition of sites, purchase and erection of modular buildings,
and purchases of trailers; and for provision of domestic and commu-
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H. R. 2520—31
nity sanitation facilities for Indians, as authorized by section 7
of the Act of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-
Determination Act and the Indian Health Care Improvement Act,
and for expenses necessary to carry out the Act of August 5,
1954 (68 Stat. 674), the Indian Self-Determination Act, the Indian
Health Care Improvement Act, and titles III and XXVII and section
208 of the Public Health Service Act with respect to environmental
health and facilities support activities of the Indian Health Service,
$296,982,000, to remain available until expended: Provided, That
notwithstanding any other provision of law, funds appropriated
for the planning, design, construction or renovation of health facili-
ties for the benefit of an Indian tribe or tribes may be used to
purchase land for sites to construct, improve, or enlarge health
or related facilities: Provided further, That of the funds provided
herein, $300,000 is available to initiate planning and design for
the replacement facility at Winnebago, Nebraska upon approval
of a program justification document by the Assistant Secretary
for Health.
ADMINISTRATIVE PROVISIONS, INDIAN HEALTH SERVICE
Appropriations in this Act to the Indian Health Service shall
be available for services as authorized by 5 U.S.C. 3109 but at
rates not to exceed the per diem rate equivalent to the maximum
rate payable for senior-level positions under 5 U.S.C. 5376; hire
of passenger motor vehicles and aircraft; purchase of medical equip-
ment; purchase of reprints; purchase, renovation and erection of
modular buildings and renovation of existing facilities; payments
for telephone service in private residences in the field, when author-
ized under regulations approved by the Secretary; and for uniforms
or allowances therefor as authorized by law (5 U.S.C. 5901–5902);
and for expenses of attendance at meetings which are concerned
with the functions or activities for which the appropriation is made
or which will contribute to improved conduct, supervision, or
management of those functions or activities: Provided, That in
accordance with the provisions of the Indian Health Care Improve-
ment Act, non-Indian patients may be extended health care at
all tribally administered or Indian Health Service facilities, subject
to charges, and the proceeds along with funds recovered under
the Federal Medical Care Recovery Act (42 U.S.C. 2651–53) shall
be credited to the account of the facility providing the service
and shall be available without fiscal year limitation: Provided fur-
ther, That notwithstanding any other law or regulation, funds trans-
ferred from the Department of Housing and Urban Development
to the Indian Health Service shall be administered under Public
Law 86–121 (the Indian Sanitation Facilities Act) and Public Law
93–638, as amended: Provided further, That funds appropriated
to the Indian Health Service in this Act, except those used for
administrative and program direction purposes, shall not be subject
to limitations directed at curtailing Federal travel and transpor-
tation: Provided further, That the Indian Health Service shall nei-
ther bill nor charge those Indians who may have the economic
means to pay unless and until such time as Congress has agreed
upon a specific policy to do so and has directed the Indian Health
Service to implement such a policy: Provided further, That, notwith-
standing any other provision of law, funds previously or herein
made available to a tribe or tribal organization through a contract,
grant or agreement authorized by Title I of the Indian Self-Deter-
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H. R. 2520—32
mination and Education Assistance Act of 1975 (88 Stat. 2203;
25 U.S.C. 450), may be deobligated and reobligated to a self-govern-
ance funding agreement under Title III of the Indian Self-Deter-
mination and Education Assistance Act of 1975 and thereafter
shall remain available to the tribe or tribal organization without
fiscal year limitation: Provided further, That none of the funds
made available to the Indian Health Service in this Act shall
be used to implement the final rule published in the Federal Reg-
ister on September 16, 1987, by the Department of Health and
Human Services, relating to eligibility for the health care services
of the Indian Health Service until the Indian Health Service has
submitted a budget request reflecting the increased costs associated
with the proposed final rule, and such request has been included
in an appropriations Act and enacted into law: Provided further,
That funds made available in this Act are to be apportioned to
the Indian Health Service as appropriated in this Act, and
accounted for in the appropriation structure set forth in this Act:
Provided further, That the appropriation structure for the Indian
Health Service may not be altered without the advance approval
of the House and Senate Committees on Appropriations.
DEPARTMENT OF EDUCATION
OFFICE OF ELEMENTARY AND SECONDARY EDUCATION
INDIAN EDUCATION
For necessary expenses to carry out, to the extent not otherwise
provided, the Indian Education Act of 1988, $83,500,000, of which
$60,304,000 shall be for subpart 1, $19,161,000 shall be for subparts
2 and 3, and $200,000 shall be for collection and analyses of data
on Indian education: Provided, That $1,735,000 available pursuant
to section 5323 of the Act shall remain available for obligation
until September 30, 1995.
OTHER RELATED AGENCIES
OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION
SALARIES AND EXPENSES
For necessary expenses of the Office of Navajo and Hopi Indian
Relocation as authorized by Public Law 93–531, $26,936,000, to
remain available until expended: Provided, That funds provided
in this or any other appropriations Act are to be used to relocate
eligible individuals and groups including evictees from District 6,
Hopi-partitioned lands residents, those in significantly substandard
housing, and all others certified as eligible and not included in
the preceding categories: Provided further, That none of the funds
contained in this or any other Act may be used by the Office
of Navajo and Hopi Indian Relocation to evict any single Navajo
or Navajo family who, as of November 30, 1985, was physically
domiciled on the lands partitioned to the Hopi Tribe unless a
new or replacement home is provided for such household: Provided
further, That no relocatee will be provided with more than one
new or replacement home: Provided further, That the Office shall
relocate any certified eligible relocatees who have selected and
received an approved homesite on the Navajo reservation or selected
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