305
ment of the Interior may not exceed the number of em-
ployees detailed to and within the Office of the Secretary
in fiscal year 1995.
SEC. 338. Upon enactment of this Act, all funds obli-
gated in fiscal year 1996 under ‘‘Salaries and expenses’’,
Pennsylvania Avenue Development Corporation are to be
offset by unobligated balances made available under this
Act under the account ‘‘Public development’’, Pennsylva-
nia Avenue Development Corporation and all funds obli-
gated in fiscal year 1996 under ‘‘International forestry’’,
Forest Service are to be offset by funds made available
under this Act under the account ‘‘National forest sys-
tem’’, Forest Service.
SEC. 339. (a) Notwithstanding any other provision
of law, in order to avoid or minimize the need for involun-
tary separations due to a reduction in force, reorganiza-
tions, transfer of function, or other similar action, the Sec-
retary of the Smithsonian Institution may pay, or author-
ize the payment of, voluntary separation incentive pay-
ments to Smithsonian Institution employees who separate
from Federal service voluntarily during fiscal years 1996
and 1997 (whether by retirement or resignation).
(b) A voluntary separation incentive payment—
306
(1) shall be paid in a lump sum after the em-
ployee’s separation in an amount to be determined
by the Secretary, but shall not exceed $25,000;
(2) shall not be a basis for payment, and shall
not be included in the computation, of any other
type of benefit; and
(3) shall be paid from appropriations available
for the payment of the basic pay of the employee.
(c)(1) An employee who has received a voluntary sep-
aration incentive payment under this section and accepts
employment with any agency or instrumentality of the
United States within 5 years after the date of the separa-
tion on which the payment is based shall be required to
repay the entire amount of the incentive payment to the
Smithsonian Institution.
(2) The repayment required by paragraph (1) may
be waived only by the Secretary.
(3) For purposes of paragraph (1) (but not para-
graph (2)), the term ‘‘employment’’ includes employment
under a personal services contract with the United States.
(d) In addition to any other payments which it is re-
quired to make under subchapter III of chapter 83 of title
5, United States Code, the Smithsonian shall remit to the
Office of Personnel Management for deposit in the Treas-
ury of the United States to the credit of the Civil Service
307
Retirement and Disability Fund an amount equal to 15
percent of the final basic pay of each employee of the
Smithsonian to whom a voluntary separation incentive
payment has been paid.
This Act may be cited as the ‘‘Department of the In-
terior and Related Agencies Appropriations Act, 1996’’.
(c) Such amounts as may be necessary for programs,
projects or activities provided for in the Departments of
Labor, Health and Human Services, and Education, and
Related Agencies Appropriations Act, 1996, at a rate of
operations and to the extent and in the manner provided
for, the provisions of such Act to be effective as if it had
been enacted into law as the regular appropriations Act,
as follows:
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,
1996, and for other purposes.
TITLE I—DEPARTMENT OF LABOR
EMPLOYMENT AND TRAINING ADMINISTRATION
TRAINING AND EMPLOYMENT SERVICES
For expenses necessary to carry into effect the Job
Training Partnership Act, as amended, including the pur-
chase and hire of passenger motor vehicles, the construc-
308
tion, alteration, and repair of buildings and other facili-
ties, and the purchase of real property for training centers
as authorized by the Job Training Partnership Act; title
II of the Civil Rights Act of 1991; the Women in Appren-
ticeship and Nontraditional Occupations Act; National
Skill Standards Act of 1994; and the School-to-Work Op-
portunities Act; $3,108,978,000 plus reimbursements, of
which $2,891,759,000 is available for obligation for the
period July 1, 1996 through June 30, 1997; of which
$121,467,000 is available for the period July 1, 1996
through June 30, 1999 for necessary expenses of construc-
tion, rehabilitation, and acquisition of Job Corps centers;
and of which $95,000,000 shall be available from July 1,
1996 through September 30, 1997, for carrying out activi-
ties of the School-to-Work Opportunities Act: Provided,
That $52,502,000 shall be for carrying out section 401
of the Job Training Partnership Act, $69,285,000 shall
be for carrying out section 402 of such Act, $7,300,000
shall be for carrying out section 441 of such Act,
$8,000,000 shall be for all activities conducted by and
through the National Occupational Information Coordi-
nating Committee under such Act, $745,700,000 shall be
for carrying out title II, part A of such Act, $126,672,000
shall be for carrying out title II, part C of such Act and
$5,000,000 shall be for employment-related activities of
309
the 1996 Paralympic Games: Provided further, That no
funds from any other appropriation shall be used to pro-
vide meal services at or for Job Corps centers: Provided
further, That notwithstanding any other provision of law,
the Secretary of Labor may waive any of the requirements
contained in sections 4, 104, 105, 107, 108, 121, 164,
204, 253, 254, 264, 301, 311, 313, 314, and 315 of the
Job Training Partnership Act in order to assist States in
improving State workforce development systems, pursuant
to a request submitted by a State that has prior to the
date of enactment of this Act executed a Memorandum
of Understanding with the United States requiring such
State to meet agreed upon outcomes: Provided further,
That funds used from this Act to carry out title III of
the Job Training Partnership Act shall not be subject to
the limitation contained in subsection (b) of section 315
of such Act; that the waiver allowing a reduction in the
cost limitation relating to retraining services described in
subsection (a)(2) of such section 315 may be granted with
respect to funds from this Act if a substate grantee dem-
onstrates to the Governor that such waiver is appropriate
due to the availability of low-cost retraining services, is
necessary to facilitate the provision of needs-related pay-
ments to accompany long-term training, or is necessary
to facilitate the provision of appropriate basic readjust-
310
ment services and that funds used from this Act to carry
out the Secretary’s discretionary grants under part B of
such title III may be used to provide needs-related pay-
ments to participants who, in lieu of meeting the require-
ments relating to enrollment in training under section
314(e) of such Act, are enrolled in training by the end
of the sixth week after funds have been awarded: Provided
further, That service delivery areas may transfer funding
provided herein under authority of title II–C of the Job
Training Partnership Act to the program authorized by
title II–B of that Act, if such transfer is approved by the
Governor: Provided further, That service delivery areas
and substate areas may transfer funding provided herein
under authority of title II 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
Corps Center facilities shall be retained by the Secretary
of Labor to carry out the Job Corps program.
COMMUNITY SERVICE EMPLOYMENT FOR OLDER
AMERICANS
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)
311
of title V of the Older Americans Act of 1965, as amended,
or to carry out older worker activities as subsequently au-
thorized, $227,500,000.
To carry out the activities for grants to States under
paragraph (3) of section 506(a) of title V of the Older
Americans Act of 1965, as amended, or to carry out older
worker
activities
as
subsequently
authorized,
$122,500,000.
FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES
For payments during the current fiscal year of trade
adjustment benefit payments and allowances under part
I, and for training, for allowances for job search and relo-
cation, and for related State administrative expenses
under part II, subchapters B and D, chapter 2, title II
of the Trade Act of 1974, as amended, $346,100,000, to-
gether with such amounts as may be necessary to be
charged to the subsequent appropriation for payments for
any period subsequent to September 15 of the current
year.
STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT
SERVICE OPERATIONS
For activities authorized by the Act of June 6, 1933,
as
amended
(29
U.S.C.
49–49l–1;
U.S.C.
3202(a)(1)(E)); title III of the Social Security Act, as
amended (42 U.S.C. 502–504); necessary administrative
312
expenses for carrying out 5 U.S.C. 8501–8523, and sec-
tions 225, 231–235, 243–244, and 250(d)(1), 250(d)(3),
title II of the Trade Act of 1974, as amended; as author-
ized by section 7c of the Act of June 6, 1933, as amended,
necessary
administrative
expenses
under
sections
101(a)(15)(H), 212(a)(5)(A), (m) (2) and (3), (n)(1), and
218(g) (1), (2), and (3), and 258(c) of the Immigration
and Nationality Act, as amended (8 U.S.C. 1101 et seq.);
necessary administrative expenses to carry out section
221(a) of the Immigration Act of 1990, $117,328,000, to-
gether with not to exceed $3,104,194,000 (including not
to exceed $1,653,000 which may be used for amortization
payments to States which had independent retirement
plans in their State employment service agencies prior to
1980, and including not to exceed $2,000,000 which may
be obligated in contracts with non-State entities for activi-
ties such as occupational and test research activities which
benefit the Federal-State Employment Service System),
which may be expended from the Employment Security
Administration
account
in
the
Unemployment
Trust
Fund, 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 administrative ex-
penses for carrying out 5 U.S.C. 8501–8523, shall be
313
available for obligation by the States through December
31, 1996, except that funds used for automation acquisi-
tions shall be available for obligation by States through
September 30, 1998; and of which $115,452,000, together
with not to exceed $738,283,000 of the amount which may
be expended from said trust fund shall be available for
obligation for the period July 1, 1996, through June 30,
1997, to fund activities under the Act of June 6, 1933,
as amended, including the cost of penalty mail made avail-
able to States in lieu of allotments for such purpose, and
of which $216,333,000 shall be available only to the extent
necessary for additional State allocations to administer
unemployment compensation laws to finance increases in
the number of unemployment insurance claims filed and
claims paid or changes in a State law: Provided, That to
the extent that the Average Weekly Insured Unemploy-
ment (AWIU) for fiscal year 1996 is projected by the De-
partment of Labor to exceed 2.785 million, an additional
$28,600,000 shall be available for obligation for every
100,000 increase in the AWIU level (including a pro rata
amount for any increment less than 100,000) from the
Employment Security Administration Account of the Un-
employment Trust Fund: Provided further, That funds ap-
propriated in this Act which are used to establish a na-
tional one-stop career center network may be obligated in
314
contracts, grants or agreements with non-State entities:
Provided further, That funds appropriated under this Act
for activities authorized under the Wagner-Peyser Act, as
amended, and title III of the Social Security Act, may be
used by the States to fund integrated Employment Service
and Unemployment Insurance automation efforts, not-
withstanding cost allocation principles prescribed under
Office of Management and Budget Circular A–87.
ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND
OTHER FUNDS
For repayable advances to the Unemployment Trust
Fund as authorized by sections 905(d) and 1203 of the
Social Security Act, as amended, and to the Black Lung
Disability Trust Fund as authorized by section 9501(c)(1)
of the Internal Revenue Code of 1954, as amended; and
for nonrepayable advances to the Unemployment Trust
Fund as authorized by section 8509 of title 5, United
States Code, and section 104(d) of Public Law 102–164,
and section 5 of Public Law 103–6, and to the ‘‘Federal
unemployment benefits and allowances’’ account, to re-
main available until September 30, 1997, $369,000,000.
In addition, for making repayable advances to the
Black Lung Disability Trust Fund in the current fiscal
year after September 15, 1996, for costs incurred by the
315
Black Lung Disability Trust Fund in the current fiscal
year, such sums as may be necessary.
ADVANCES TO THE EMPLOYMENT SECURITY ADMINISTRA-
TION
ACCOUNT
OF
THE
UNEMPLOYMENT
TRUST
FUND
(RESCISSION)
Amounts remaining unobligated under this heading
as of September 30, 1995, are hereby rescinded.
PAYMENTS TO THE UNEMPLOYMENT TRUST FUND AND
OTHER FUNDS
(RESCISSION)
Of the amounts remaining unobligated under this
heading as of September 30, 1995, $250,000,000 are
hereby rescinded.
PROGRAM ADMINISTRATION
For expenses of administering employment and train-
ing programs and for carrying out section 908 of the So-
cial Security Act, $83,054,000, together with not to ex-
ceed $40,793,000, which may be expended from the Em-
ployment Security Administration account in the Unem-
ployment Trust Fund.
PENSION AND WELFARE BENEFITS ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses for Pension and Welfare Ben-
efits Administration, $65,198,000.
316
PENSION BENEFIT GUARANTY CORPORATION
PENSION BENEFIT GUARANTY CORPORATION FUND
The Pension Benefit Guaranty Corporation is author-
ized to make such expenditures, including financial assist-
ance authorized by section 104 of Public Law 96–364,
within limits of funds and borrowing authority available
to such Corporation, and in accord with law, and to make
such contracts and commitments without regard to fiscal
year limitations as provided by section 104 of the Govern-
ment Corporation Control Act, as amended (31 U.S.C.
9104), as may be necessary in carrying out the program
through September 30, 1996, for such Corporation: Pro-
vided, That not to exceed $10,603,000 shall be available
for administrative expenses of the Corporation: Provided
further, That expenses of such Corporation in connection
with the collection of premiums, the termination of pen-
sion plans, for the acquisition, protection or management,
and investment of trust assets, and for benefits adminis-
tration services shall be considered as non-administrative
expenses for the purposes hereof, and excluded from the
above limitation.
EMPLOYMENT STANDARDS ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses for the Employment Stand-
ards Administration, including reimbursement to State,
317
Federal, and local agencies and their employees for inspec-
tion
services
rendered,
$254,756,000,
together
with
$978,000 which may be expended from the Special Fund
in accordance with sections 39(c) and 44(j) of the
Longshore and Harbor Workers’ Compensation Act: Pro-
vided, That the Secretary of Labor is authorized to accept,
retain, and spend, until expended, in the name of the De-
partment 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 fur-
ther, That the Secretary of Labor is authorized to estab-
lish and, in accordance with 31 U.S.C. 3302, collect and
deposit in the Treasury fees for processing applications
and issuing certificates under sections 11(d) and 14 of the
Fair Labor Standards Act of 1938, as amended (29
U.S.C. 211(d) and 214) and for processing applications
and issuing registrations under Title I of the Migrant and
Seasonal Agricultural Worker Protection Act, 29 U.S.C.
1801 et seq.
SPECIAL BENEFITS
(INCLUDING TRANSFER OF FUNDS)
For the payment of compensation, benefits, and ex-
penses (except administrative expenses) accruing during
318
the current or any prior fiscal year authorized by title 5,
chapter 81 of the United States Code; continuation of ben-
efits as provided for under the head ‘‘Civilian War Bene-
fits’’ in the Federal Security Agency Appropriation Act,
1947; the Employees’ Compensation Commission Appro-
priation Act, 1944; and sections 4(c) and 5(f) of the War
Claims Act of 1948 (50 U.S.C. App. 2012); and 50 per
centum of the additional compensation and benefits re-
quired by section 10(h) of the Longshore and Harbor
Workers’ Compensation Act, as amended, $218,000,000
together with such amounts as may be necessary to be
charged to the subsequent year appropriation for the pay-
ment of compensation and other benefits for any period
subsequent to August 15 of the current year: Provided,
That such sums as are necessary may be used under sec-
tion 8104 of title 5, United States Code, by the Secretary
to reimburse an employer, who is not the employer at the
time of injury, for portions of the salary of a reemployed,
disabled beneficiary: Provided further, That balances of re-
imbursements unobligated on September 30, 1995, shall
remain available until expended for the payment of com-
pensation, benefits, and expenses: Provided further, That
in addition there shall be transferred to this appropriation
from the Postal Service and from any other corporation
or instrumentality required under section 8147(c) of title
319
5, United States Code, to pay an amount for its fair share
of the cost of administration, such sums as the Secretary
of Labor determines to be the cost of administration for
employees of such fair share entities through September
30, 1996: Provided further, That of those funds trans-
ferred to this account from the fair share entities to pay
the cost of administration, $19,383,000 shall be made
available to the Secretary of Labor for expenditures relat-
ing to capital improvements in support of Federal Employ-
ees’ Compensation Act administration, and the balance of
such funds shall be paid into the Treasury as miscellane-
ous receipts: Provided further, That the Secretary may re-
quire that any person filing a notice of injury or a claim
for benefits under Subchapter 5, U.S.C., chapter 81, or
under subchapter 33, U.S.C. 901, et seq. (the Longshore
and Harbor Workers’ Compensation Act, as amended),
provide as part of such notice and claim, such identifying
information (including Social Security 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, $996,763,000, of which $949,494,000 shall be
available until September 30, 1997, for payment of all
benefits as authorized by section 9501(d) (1), (2), (4), and
320
(7), of the Internal Revenue Code of 1954, as amended,
and
interest
on
advances
as
authorized
by
section
9501(c)(2) of that Act, and of which $27,350,000 shall
be available for transfer to Employment Standards Ad-
ministration, Salaries and Expenses, and $19,621,000 for
transfer to Departmental Management, Salaries and Ex-
penses, and $298,000 for transfer to Departmental Man-
agement, Office of Inspector General, for expenses of oper-
ation and administration of the Black Lung Benefits pro-
gram as authorized by section 9501(d)(5)(A) of that Act:
Provided, That in addition, such amounts as may be nec-
essary may be charged to the subsequent year appropria-
tion for the payment of compensation, interest, or other
benefits for any period subsequent to August 15 of the
current year: Provided further, That in addition such
amounts shall be paid from this fund into miscellaneous
receipts as the Secretary of the Treasury determines to
be the administrative expenses of the Department of the
Treasury for administering the fund during the current
fiscal year, as authorized by section 9501(d)(5)(B) of that
Act.
OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses for the Occupational Safety
and Health Administration, $280,000,000 including not
321
to exceed $65,319,000 which shall be the maximum
amount available for grants to States under section 23(g)
of the Occupational Safety and Health Act, which grants
shall be no less than fifty percent of the costs of State
occupational safety and health programs required to be
incurred under plans approved by the Secretary under sec-
tion 18 of the Occupational Safety and Health Act of
1970; and, in addition, notwithstanding 31 U.S.C. 3302,
the Occupational Safety and Health Administration may
retain up to $750,000 per fiscal year of training institute
course tuition fees, otherwise authorized by law to be col-
lected, and may utilize such sums for occupational safety
and health training and education grants: Provided, That
none of the funds appropriated under this paragraph shall
be obligated or expended to prescribe, issue, administer,
or enforce any standard, rule, regulation, or order under
the Occupational Safety and Health Act of 1970 which
is applicable to any person who is engaged in a farming
operation which does not maintain a temporary labor
camp and employs ten or fewer employees: Provided fur-
ther, That no funds appropriated under this paragraph
shall be obligated or expended to administer or enforce
any standard, rule, regulation, or order under the Occupa-
tional Safety and Health Act of 1970 with respect to any
employer of ten or fewer employees who is included within
322
a category having an occupational injury lost workday case
rate, at the most precise Standard Industrial Classifica-
tion Code for which such data are published, less than the
national average rate as such rates are most recently pub-
lished by the Secretary, acting through the Bureau of
Labor Statistics, in accordance with section 24 of that Act
(29 U.S.C. 673), except—
(1) to provide, as authorized by such Act, con-
sultation, technical assistance, educational and train-
ing services, and to conduct surveys and studies;
(2) to conduct an inspection or investigation in
response to an employee complaint, to issue a cita-
tion for violations found during such inspection, and
to assess a penalty for violations which are not cor-
rected within a reasonable abatement period and for
any willful violations found;
(3) to take any action authorized by such Act
with respect to imminent dangers;
(4) to take any action authorized by such Act
with respect to health hazards;
(5) to take any action authorized by such Act
with respect to a report of an employment accident
which is fatal to one or more employees or which re-
sults in hospitalization of two or more employees,
323
and to take any action pursuant to such investiga-
tion authorized by such Act; and
(6) to take any action authorized by such Act
with respect to complaints of discrimination against
employees for exercising rights under such Act:
Provided further, That the foregoing proviso shall not
apply to any person who is engaged in a farming operation
which does not maintain a temporary labor camp and em-
ploys ten or fewer employees.
MINE SAFETY AND HEALTH ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses for the Mine Safety and
Health Administration, $196,673,000, including purchase
and bestowal of certificates and trophies in connection
with mine rescue and first-aid work, and the hire of pas-
senger motor vehicles; the Secretary is authorized to ac-
cept lands, buildings, equipment, and other contributions
from public and private sources and to prosecute projects
in cooperation with other agencies, Federal, State, or pri-
vate; the Mine Safety and Health Administration is au-
thorized to promote health and safety education and train-
ing in the mining community through cooperative pro-
grams with States, industry, and safety associations; and
any funds available to the Department may be used, with
the approval of the Secretary, to provide for the costs of
324
mine rescue and survival operations in the event of a
major disaster: Provided, That none of the funds appro-
priated under this paragraph shall be obligated or ex-
pended to carry out section 115 of the Federal Mine Safe-
ty and Health Act of 1977 or to carry out that portion
of section 104(g)(1) of such Act relating to the enforce-
ment of any training requirements, with respect to shell
dredging, or with respect to any sand, gravel, surface
stone, surface clay, colloidal phosphate, or surface lime-
stone mine.
BUREAU OF LABOR STATISTICS
SALARIES AND EXPENSES
For necessary expenses for the Bureau of Labor Sta-
tistics, including advances or reimbursements to State,
Federal, and local agencies and their employees for serv-
ices rendered, $292,462,000, of which $11,549,000 shall
be for expenses of revising the Consumer Price Index and
shall remain available until September 30, 1997, together
with not to exceed $49,997,000, which may be expended
from the Employment Security Administration account in
the Unemployment Trust Fund.
DEPARTMENTAL MANAGEMENT
SALARIES AND EXPENSES
For necessary expenses for Departmental Manage-
ment, including the hire of three sedans, and including
325
up to $4,358,000 for the President’s Committee on Em-
ployment of People With Disabilities, $135,997,000; to-
gether with not to exceed $303,000, which may be ex-
pended from the Employment Security Administration ac-
count in the Unemployment Trust Fund.
WORKING CAPITAL FUND
The language under this heading in Public Law 85–
67, as amended, is further amended by adding the follow-
ing before the last period: ‘‘: Provided further, That within
the Working Capital Fund, there is established an Invest-
ment in Reinvention Fund (IRF), which shall be available
to invest in projects of the Department designed to
produce measurable improvements in agency efficiency
and significant taxpayer savings. Notwithstanding any
other provision of law, the Secretary of Labor may retain
up to $3,900,000 of the unobligated balances in the De-
partment’s annual Salaries and Expenses accounts as of
September 30, 1995, and transfer those amounts to the
IRF to provide the initial capital for the IRF, to remain
available until expended, to make loans to agencies of the
Department for projects designed to enhance productivity
and generate cost savings. Such loans shall be repaid to
the IRF no later than September 30 of the fiscal year
following the fiscal year in which the project is completed.
Such repayments shall be deposited in the IRF, to be
available without further appropriation action.’’
326
ASSISTANT SECRETARY FOR VETERANS EMPLOYMENT
AND TRAINING
Not to exceed $170,390,000 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, 1996.
OFFICE OF INSPECTOR GENERAL
For salaries and expenses of the Office of Inspector
General in carrying out the provisions of the Inspector
General Act of 1978, as amended, $44,426,000, together
with not to exceed $3,615,000, which may be expended
from the Employment Security Administration account in
the Unemployment 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.
SEC. 102. Section 427(c) of the Job Training Part-
nership Act, as amended, is repealed.
(TRANSFER OF FUNDS)
SEC. 103. Not to exceed 1 percent of any appropria-
tion made available for the current fiscal year for the De-
partment of Labor in this Act may be transferred between
327
such appropriations, but no such appropriation shall be
increased by more than 3 percent by any such transfers:
Provided, That the Appropriations Committees of both
Houses of Congress are notified at least fifteen days in
advance of any transfers.
SEC. 104. None of the funds made available in this
Act may be used by the Occupational Safety and Health
Administration directly or through section 23(g) of the
Occupational Safety and Health Act for the development,
promulgation or issuance of any proposed or final stand-
ard or guideline regarding ergonomic protection or record-
ing and reporting occupational injuries and illnesses di-
rectly related thereto.
This title may be cited as the ‘‘Department of Labor
Appropriations Act, 1996’’.
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, 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, the Health Care Quality
Improvement Act of 1986, as amended, and Public Law
101–527, $3,052,752,000, of which $379,500,000 shall be
328
for part A of title XXVI of the Public Health Service Act
and $250,147,000 shall be for part B of title XXVI (in-
cluding $52,000,000 which shall be available only for sec-
tion 2616) of the Public Health Service Act, and of which
$411,000 shall remain available until expended for inter-
est subsidies on loan guarantees made prior to fiscal year
1981 under part B of title VII of the Public Health Serv-
ice Act: Provided, That the Division of Federal Occupa-
tional Health may utilize personal services contracting to
employ professional management/administrative, and oc-
cupational health professionals: Provided further, That of
the funds made available under this heading, $858,000
shall be available until expended for facilities renovations
at the Gillis W. Long Hansen’s Disease Center: Provided
further, That in addition to fees authorized by section
427(b) of the Health Care Quality Improvement Act of
1986, fees shall be collected for the full disclosure of infor-
mation under the Act sufficient to recover the full costs
of operating the National Practitioner Data Bank, and
shall remain available until expended to carry out that
Act: Provided further, That no more than $5,000,000 is
available for carrying out the provisions of Public Law
102–501, as amended: Provided further, That of the funds
made available under this heading, $193,349,000 shall be
for the program under title X of the Public Health Service
329
Act to provide for voluntary family planning projects: Pro-
vided further, That amounts provided to said projects
under such title shall not be expended for abortions, that
all pregnancy counseling shall be nondirective, and that
such amounts shall not be expended for any activity (in-
cluding the publication or distribution of literature) that
in any way tends to promote public support or opposition
to any legislative proposal or candidate for public office:
Provided further, That notwithstanding any other provi-
sion 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 funds made avail-
able under this heading for activities authorized by part
A of title XXVI of the Public Health Service Act are avail-
able only for those metropolitan areas previously funded
under Public Law 103–333 or with a cumulative total of
more than 2,000 cases of AIDS, as reported to the Cen-
ters for Disease Control and Prevention as of March 31,
1995, and have a population of 500,000 or more.
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, $8,000,000, to-
gether with any amounts received by the Secretary in con-
330
nection with loans and loan guarantees under title VI of
the Public Health Service Act, to be available without fis-
cal year limitation for the payment of interest subsidies.
During the fiscal year, no commitments for direct loans
or loan guarantees shall be made.
HEALTH EDUCATION ASSISTANCE LOANS PROGRAM
For the cost of guaranteed loans, such sums as may
be necessary to carry out the purpose of the program, as
authorized by title VII of the Public Health Service Act,
as amended: Provided, That such costs, including the cost
of modifying such loans, shall be as defined in section 502
of the Congressional Budget Act of 1974: Provided fur-
ther, That these funds are available to subsidize gross obli-
gations for the total loan principal any part of which is
to be guaranteed at not to exceed $210,000,000. 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
331
to exceed $3,000,000 shall be available from the Trust
Fund to the Secretary of Health and Human Services.
VACCINE INJURY COMPENSATION
For payment of claims resolved by the United States
Court of Federal Claims related to the administration of
vaccines before October 1, 1988, $110,000,000, to remain
available until expended.
CENTERS FOR DISEASE CONTROL AND PREVENTION
DISEASE CONTROL, RESEARCH, AND TRAINING
(RESCISSION)
Of the amounts made available under this heading
in Public Law 103–333, Public Law 103–112, and Public
Law 102–394 for immunization activities, $53,000,000
are hereby rescinded: Provided, That the Director may re-
direct the total amount made available under authority of
Public Law 101–502, dated November 3, 1990, to activi-
ties the Director may so designate: Provided further, That
the Congress is to be notified promptly of any such trans-
fer.
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
332
Mentally Ill Individuals Act of 1986, and section 301 of
the Public Health Service Act with respect to program
management, $1,883,715,000.
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, $94,186,000; 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 $31,124,000.
333
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, $55,094,355,000,
to remain available until expended.
For making, after May 31, 1996, payments to States
under title XIX of the Social Security Act for the last
quarter of fiscal year 1996 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
1997, $26,155,350,000, 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
334
pursuant to section 201(g) of the Social Security Act,
$63,313,000,000.
PROGRAM MANAGEMENT
For carrying out, except as otherwise provided, titles
XI, XVIII, and XIX of the Social Security Act, and title
XIII of the Public Health Service Act, the Clinical Labora-
tory Improvement Amendments of 1988, and section
4005(e)
of
Public
Law
100–203,
not
to
exceed
$1,734,810,000, together with all funds collected in ac-
cordance 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 author-
ized user fees and the sale of data, which shall remain
available until expended; the $1,734,810,000, to be trans-
ferred to this appropriation as authorized by section
201(g) of the Social Security Act, from the Federal Hos-
pital Insurance and the Federal Supplementary Medical
Insurance Trust Funds: Provided, That all funds derived
in accordance with 31 U.S.C. 9701 from organizations es-
tablished under title XIII of the Public Health Service Act
are to be credited to 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-
335
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
1996, 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), $13,614,307,000, 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
336
first quarter of fiscal year 1997, $4,800,000,000, 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
(RESCISSION)
Of the funds made available beginning on October 1,
1995
under
this
heading
in
Public
Law
103–333,
$100,000,000 are hereby rescinded.
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),
$397,872,000: Provided, That funds appropriated pursu-
ant to section 414(a) of the Immigration and Nationality
Act under Public Law 103–112 for fiscal year 1994 shall
be available for the costs of assistance provided and other
activities conducted in such year and in fiscal years 1995
and 1996.
CHILD CARE AND DEVELOPMENT BLOCK GRANT
For carrying out sections 658A through 658R of the
Omnibus Budget Reconciliation Act of 1981 (The Child
337
Care
and
Development
Block
Grant
Act
of
1990),
$934,642,000, which shall be available for obligation
under the same statutory terms and conditions applicable
in the prior fiscal year.
SOCIAL SERVICES BLOCK GRANT
For making grants to States pursuant to section
2002 of the Social Security Act, $2,520,000,000: Pro-
vided, That notwithstanding section 2003(c) of such Act,
the amount specified for allocation under such section for
fiscal year 1996 shall be $2,520,000,000.
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 Temporary
Child Care for Children with Disabilities and Crisis Nurs-
eries Act of 1986, the Abandoned Infants 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 ($435,463,000); and for necessary ad-
ministrative expenses to carry out said Acts and titles I,
IV, X, XI, XIV, XVI, and XX of the Social Security Act,
338
the Act of July 5, 1960 (24 U.S.C. ch. 9), the Omnibus
Budget Reconciliation Act of 1981, title IV of the Immi-
gration 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, $4,694,222,000:
Provided, That to the extent Community Services Block
Grant funds are distributed as grant funds by a State to
an eligible entity as provided under the Act, and have not
been expended by such entity, they shall remain with such
entity for carry-over into the next fiscal year for expendi-
ture by such entity consistent with program purposes.
In addition, $21,358,000, to be derived from the Vio-
lent Crime Reduction Trust Fund, for carrying out sec-
tions 40155, 40211, 40241, and 40251 of Public Law
103–322.
FAMILY PRESERVATION AND SUPPORT
For carrying out section 430 of the Social Security
Act, $225,000,000.
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,
$4,322,238,000.
339
ADMINISTRATION ON AGING
AGING SERVICES PROGRAMS
For carrying out, to the extent not otherwise pro-
vided, the Older Americans Act of 1965, as amended,
$801,232,000.
OFFICE OF THE SECRETARY
GENERAL DEPARTMENTAL MANAGEMENT
For necessary expenses, not otherwise provided, for
general departmental management, including hire of six
medium sedans, and for carrying out titles III, XVII, and
XX of the Public Health Service Act, $136,499,000, to-
gether with $6,628,000, 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 Sup-
plemental Medical Insurance Trust Fund: Provided, That
of the funds made available under this heading for carry-
ing out title XVII of the Public Health Service Act,
$7,500,000 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, $29,956,000, together
with not to exceed $1,000,000, to be transferred and ex-
pended as authorized by section 201(g)(1) of the Social
353
LIBRARIES
For carrying out, to the extent not otherwise pro-
vided, titles I, II, and III of the Library Services and Con-
struction Act, and title II–B of the Higher Education Act,
$131,505,000, of which $16,369,000 shall be used to
carry out the provisions of title II of the Library Services
and Construction Act and shall remain available until ex-
pended.
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,
$327,319,000.
OFFICE FOR CIVIL RIGHTS
For expenses necessary for the Office for Civil
Rights, as authorized by section 203 of the Department
of Education Organization Act, $55,451,000.
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, $28,654,000.
721
(2) by redesignating subsections (b), (c), (d), and
(e) as subsections (c), (d), (e), and (f), respectively;
(3) by inserting after subsection (a) the following
new subsection:
‘‘(b)(1) Notwithstanding subsection (a), if a prisoner
brings a civil action or files an appeal in forma pauperis,
the prisoner shall be required to pay the full amount of a
filing fee. The court shall assess and, when funds exist, col-
lect, as a partial payment of any court fees required by
law, an initial partial filing fee of 20 percent of the greater
of—
‘‘(A) the average monthly deposits to the pris-
oner’s account; or
‘‘(B) the average monthly balance in the pris-
oner’s account for the 6-month period immediately
preceding the filing of the complaint or notice of ap-
peal.
‘‘(2) After payment of the initial partial filing fee, the
prisoner shall be required to make monthly payments of 20
percent of the preceding month’s income credited to the pris-
oner’s account. The agency having custody of the prisoner
shall forward payments from the prisoner’s account to the
clerk of the court each time the amount in the account ex-
ceeds $10 until the filing fees are paid.
1280
to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
CHAPTER 3
ENERGY AND WATER DEVELOPMENT
DEPARTMENT OF DEFENSE—CIVIL
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS—CIVIL
OPERATION AND MAINTENANCE, GENERAL
For an additional amount for ‘‘Operation and Mainte-
nance, General’’, $30,000,000, to remain available until ex-
pended: Provided, That the entire amount shall be available
only to the extent that an official budget request for a spe-
cific dollar amount, that includes designation of the entire
amount of the request as an emergency requirement as de-
fined in the Balanced Budget and Emergency Deficit Con-
trol Act of 1985, as amended, is transmitted by the Presi-
dent to Congress: Provided further, That the entire amount
is designated by Congress as an emergency requirement
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended.
FLOOD CONTROL AND COASTAL EMERGENCIES
For an additional amount for ‘‘Flood Control and
Coastal Emergencies’’, $135,000,000, to remain available
until expended: Provided, That the entire amount shall be
available only to the extent that an official budget request
for a specific dollar amount, that includes designation of
1316
period between October 1, 1996, and the re-
payment date for the old capital invest-
ment; and
(B) for a new capital investment, a
rate determined by the Secretary of the
Treasury, taking into consideration prevail-
ing market yields, during the month preced-
ing the beginning of the fiscal year in which
the related project, facility, or separable
unit or feature is placed in service, on out-
standing interest-bearing obligations of the
United States with periods to maturity
comparable to the period between the begin-
ning of the fiscal year and the repayment
date for the new capital investment.
(b) NEW PRINCIPAL AMOUNTS.—
(1) PRINCIPAL
AMOUNT.—Effective October 1,
1996, an old capital investment has a new principal
amount that is the sum of—
(A) the present value of the old payment
amounts for the old capital investment, cal-
culated using a discount rate equal to the Treas-
ury rate for the old capital investment; and
(B) an amount equal to $100,000,000 mul-
tiplied by a fraction whose numerator is the