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, $700,000.
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, previously carried out under title
IV of the Housing Act of 1950, the Secretary shall make
expenditures and enter into contracts without regard to
fiscal year limitation using loan repayments and other re-
sources available to this account. Any unobligated bal-
ances becoming available from fixed fees paid into this ac-
count pursuant to 12 U.S.C. 1749d, relating to payment
of costs for inspections and site visits, shall be available
for the operating 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, $166,000.
EDUCATION RESEARCH, STATISTICS, AND IMPROVEMENT
For carrying out activities authorized by the Edu-
cational Research, Development, Dissemination, and Im-
provement Act; the National Education Statistics Act;
part A of title III, parts A and B and section 10601 of
title X of the Elementary and Secondary Education Act
of 1965, as amended, $250,238,000: Provided, That
$3,000,000 shall be for section 10601 of the Elementary
and Secondary Education Act: Provided further, That
$25,000,000 shall be for section 3136 of the Elementary
and Secondary Education Act (K–12 technology learning
challenge): Provided further, That none of the funds ap-
propriated 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 and III of the Library Services and Con-
struction Act, $101,227,000.
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, $53,951,000.
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, $28,154,000.
GENERAL PROVISIONS
SEC. 301. No funds appropriated in this Act may be
used for the transportation of students or teachers (or for
the purchase of equipment for such transportation) in
order to overcome racial imbalance in any school or school
system, or for the transportation of students or teachers
(or for the purchase of equipment for such transportation)
in order to carry out a plan of racial desegregation of any
school or school system.
SEC. 302. None of the funds contained in this Act
shall be used to require, directly or indirectly, the trans-
portation of any student to a school other than the school
which is nearest the student’s home, except for a student
requiring special education, to the school offering such
special education, in order to comply with title VI of the
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. No funds appropriated under this Act shall
be made available for opportunity to learn standards or
strategies.
SEC. 305. Notwithstanding any other provision of
law, funds available for section 458 of the Higher Edu-
cation Act shall not exceed $320,000,000 for fiscal year
1996, of which $160,000,000 shall be available for the
payment of administrative cost allowances to guaranty
agencies. The Department of Education shall, within 30
days of enactment, develop a plan for the payment of ad-
ministrative cost allowances which shall be submitted to
the Chairs of the House Committee on Economic and
Educational Opportunities and the Senate Committee on
Labor and Human Resources. Notwithstanding section
458 of the Higher Education Act, the Secretary may not
use funds available under that section for subsequent fis-
cal years for administrative expenses of the William D.
Ford Direct Loan Program during fiscal year 1996, nor
may the Secretary require the return of guaranty agency
reserve funds during fiscal year 1996.
No funds available to the Secretary may be used for
(1) marketing, advertising or promotion of the William D.
Ford Direct Loan Program, or for the hiring of advertis-
ing agencies or other third parties to provide advertising
services, or (2) payment of administrative fees relating to
the William D. Ford Direct Loan Program to institutions
of higher education.
None of the funds provided by this Act may be used
to hire staff at the Department of Education if such hiring
would increase on-board employment at the Department
as of the date of enactment of this Act.
None of the funds provided by this Act may be used
to conduct an evaluation of the William D. Ford Direct
Loan Program except as administered by the Advisory
Committee on Student Financial Assistance.
None of the funds provided by this Act may be used
by the Department of Education to implement new Indi-
vidual Procurement Agreements (IPAs).
SEC. 306. 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, sec-
tion 621(b) of Public Law 101–589, the President’s Advi-
sory Commission on Educational Excellence for Hispanic
Americans, and the President’s Board of Advisors on His-
torically Black Colleges and Universities.
SEC. 307. Section 444(b)(1)(E) of the General Edu-
cation Provisions Act (20 U.S.C. 1232g(b)(1)(E)) is
amended to read as follows:
‘‘(E) State and local officials or authorities to
whom such information is specifically—
‘‘(i) required to be reported or disclosed
pursuant to State statute adopted before No-
vember 19, 1974;
‘‘(ii) allowed to be reported or disclosed
pursuant to State statute adopted before No-
vember 19, 1974, if the allowed reporting or
disclosure concerns the juvenile justice system
and such system’s ability to effectively serve the
student whose records are released, or
‘‘(iii) allowed to be reported or disclosed
pursuant to State statute adopted after Novem-
ber 19, 1974, if—
‘‘(I) the allowed reporting or disclo-
sure concerns the juvenile justice system
and such system’s ability to effectively
serve, prior to adjudication, the student
whose records are released; and
‘‘(II) the officials and authorities to
whom such information is disclosed certify
in writing to the educational agency or in-
stitution that the information will not be
disclosed to any other party except as pro-
vided under State law without the prior
written consent of the parent of the stu-
dent;’’.
SEC. 308. None of the funds made available in this
Act may be used by the Office of Civil Rights of the De-
partment of Education after December 31, 1995, to en-
force title IX of the Education Amendments of 1972 (20
U.S.C. 1681 et seq.) with respect to gender equity in inter-
collegiate athletic programs, except when it is made known
to the Office that the Department has issued updated pol-
icy guidance to institutions of higher education which in-
cludes specific criteria clarifying how such institutions can
demonstrate a history and continuing practice of program
expansion for members of the underrepresented sex and
full and effective accommodation of the interests and abili-
ties of the underrepresented sex.
This title may be cited as the ‘‘Department of Edu-
cation Appropriations Act, 1996’’.
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, $58,186,000, of
which $2,051,000 shall remain available until expended
for construction and renovation of the physical plants at
the United States Soldiers’ and Airmen’s Home and the
United States Naval Home: Provided, That this appro-
priation shall not be available for the payment of hos-
pitalization of members of the Soldiers’ and Airmen’s
Home in United States Army hospitals at rates in excess
of those prescribed by the Secretary of the Army upon
recommendation of the Board of Commissioners and the
Surgeon General 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, $168,974,000.
CORPORATION FOR PUBLIC BROADCASTING
For payment to the Corporation for Public Broad-
casting, as authorized by the Communications Act of
1934, without regard to section 396(k)(3)(B)(iii), an
amount which shall be available within limitations speci-
fied by that Act, for the fiscal year 1998, $240,000,000:
Provided, That all funds appropriated herein shall be
made available only if authorized: Provided further, That
no funds made available to the Corporation for Public
Broadcasting by this Act shall be used to pay for recep-
tions, parties, or similar forms of entertainment for Gov-
ernment officials or employees: Provided further, That
none of the funds contained in this paragraph shall be
available or used to aid or support any program or activity
from which any person is excluded, or is denied benefits,
or is discriminated against, on the basis of race, color, na-
tional origin, religion, or sex: Provided further, That for
any fiscal year, the Secretary of the Treasury shall, not-
withstanding section 396(k)(2)(B) of the Communications
Act of 1934, make funds available to the Corporation for
Public Broadcasting in accordance with the payment
methods required under Office of Management and Budg-
et Circular A–110 to minimize the time between the trans-
fer of funds from the Federal Treasury and the outlay
or expenditure of such funds by the Corporation.
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), $31,896,000.
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.),
$6,467,000.
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), $450,000.
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, $1,397,000.
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, $123,233,000: 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
notwithstanding any other provisions of law, no part of
this appropriation may be used by the National Labor Re-
lations Board for the investigation or prosecution of al-
leged unfair labor practice charges under section 8 of the
National Labor Relations Act, where such charges are
based, in whole or in part, on an employer’s taking any
adverse action, including refusal to hire, discipline, or dis-
charge, against an individual(s) who is an employee or
agent or is otherwise working under the control and super-
vision of a labor organization, until such time as the Unit-
ed States Supreme Court has held that such individual(s)
are or are not protected under section 8 of the National
Labor Relations Act: Provided further, That no part of
this appropriation may be used by the National Labor Re-
lations Board to petition a United States district court
for temporary relief or a restraining order as described
under section 10(j) of the National Labor Relations Act
unless there is a reasonable likelihood of success on the
188), including emergency boards appointed by the Presi-
dent, $8,000,000.
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),
$8,200,000.
PHYSICIAN PAYMENT REVIEW COMMISSION
SALARIES AND EXPENSES
For expenses necessary to carry out section 1845(a)
of the Social Security Act, $2,923,000, 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, $3,267,000, 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, $22,641,000.
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, $485,396,000, 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 1997, $170,000,000, 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,
$18,753,834,000, 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.
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 1997, $9,260,000,000,
to remain available until expended.
LIMITATION ON ADMINISTRATIVE EXPENSES
For necessary expenses, including the hire of two me-
dium size passenger motor vehicles, and not to exceed
$10,000 for official reception and representation expenses,
not more than $5,275,268,000 may be expended, as au-
thorized by section 201(g)(1) of the Social Security Act
or as necessary to carry out sections 9704 and 9706 of
the Internal Revenue Code of 1986 from any one or all
of the trust funds referred to therein: Provided, That reim-
bursement to the trust funds under this heading for ad-
ministrative expenses to carry out sections 9704 and 9706
of the Internal Revenue Code of 1986 shall be made, with
interest, not later than September 30, 1997.
In addition to funding already available under this
heading, and subject to the same terms and conditions,
$407,000,000, for disability caseload processing.
In addition to funding already available under this
heading, and subject to the same terms and conditions,
$228,000,000, 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
Security 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, $4,816,000, together
with not to exceed $21,076,000, 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, $239,000,000, which shall include
amounts becoming available in fiscal year 1996 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 $239,000,000: 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, 1997, 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 in administering the Railroad Retirement Act and
the Railroad Unemployment Insurance Act, $90,912,000,
to be derived as authorized by section 15(h) of the Rail-
road Retirement Act and section 10(a) of the Railroad
Unemployment Insurance Act, from the accounts referred
to in those sections.
SPECIAL MANAGEMENT IMPROVEMENT FUND
To effect management improvements, including the
reduction of backlogs, accuracy of taxation accounting,
and debt collection, $659,000, to be derived from the rail-
road retirement accounts and railroad unemployment in-
surance account: Provided, That these funds shall supple-
ment, not supplant, existing resources devoted to such op-
erations and improvements.
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 $5,100,000, to be derived from
the railroad retirement accounts and railroad unemploy-
ment insurance account.
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, $6,500,000.
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 film 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.
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. Effective October 1, 1993, and applicable
thereafter, and notwithstanding any other law, each State
is and remains free not to fund abortions to the extent
that the State in its sole discretion deems appropriate, ex-
cept where the life of the mother would be endangered if
the fetus were carried to term.
SEC. 510. 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. 511. 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 42 U.S.C. 289g(b).
For purposes of this section, the phrase ‘‘human embryo
or embryos’’ shall include any organism, not protected as
a human subject under 45 CFR 46 as of the date of enact-
ment of this Act, that is derived by fertilization, par-
thenogenesis, cloning, or any other means from one or
more human gametes.
SEC. 512. None of the funds made available in this
Act may be used to carry out any Federal program, or
to provide financial assistance to any State, when it is
made known to the Federal official having authority to
obligate or expend such funds that—
(1) such Federal program or State subject any
health care entity to discrimination on the basis
that—
(A) the entity refuses to undergo training
in the performance of induced abortions, to pro-
vide such training, to perform such abortions,
or to provide referrals for such abortions;
(B) the entity refuses to make arrange-
ments for any of the activities specified in sub-
paragraph (A); or
(C) the entity attends (or attended) a post-
graduate physician training program, or any
other program of training in the health profes-
sions, that does not (or did not) require or pro-
vide training in the performance of induced
abortions, or make arrangements for the provi-
sion of such training; or
(2) in granting a legal status to a health care
entity (including a license or certificate), or in pro-
viding to the entity financial assistance, a service, or
another benefit, such Federal program or State re-
quire that the entity be an accredited postgraduate
physician training program, or that the entity have
completed or be attending such a program, if the ap-
plicable standards for accreditation of the program
include the standard that the program must require
or provide training in the performance of induced
abortions, or make arrangements for the provision of
such training.
SEC. 513. (a) CONGRESSIONAL FINDINGS REGARD-
ING APPROPRIATE MINIMUM LENGTH OF STAY FOR ROU-
TINE DELIVERIES.—The Congress finds that—
(1) the Guidelines for Perinatal Care of the
American Academy of Pediatrics and the American
College of Obstetricians and Gynecologists rec-
ommend, when no complications are present, a
postpartum hospital stay of 48 hours for vaginal de-
livery and 96 hours for caesarean birth, excluding
the day of delivery;
(2) the American College of Obstetricians and
Gynecologists reports that it has become common for
insurers to limit length of stay to up to 24 hours fol-
lowing vaginal delivery and up to 72 hours following
caesarean delivery, and the American College of Ob-
stetricians and Gynecologists has received reports of
insurers proposing limits of 12 hours, and in some
cases 6 hours, for routine deliveries;
(3) the American Medical Association recently
expressed concern about the trend toward increas-
ingly brief perinatal hospital stays as routine prac-
tice in the absence of adequate data to demonstrate
the practice is safe;
(4) the American College of Obstetricians and
Gynecologists has stated that the trend toward ear-
lier discharge is ‘‘equivalent to a large, uncontrolled,
uninformed experiment that may potentially affect
the health of American women and their babies’’;
(5) a recent study by Dartmouth-Hitchcock
Medical Center found that within an infant’s first
two weeks of life there is a 50 percent increased risk
of readmission and 70 percent increased risk of
emergency room visits if the infant is discharged at
less than two days of age;
(6) studies have shown that early release of in-
fants can result in jaundice, feeding problems, res-
piratory difficulties, and infections of the cord, ears,
and eyes;
(7) the American Medical Association has urged
hospitals and insurance companies, in the absence of
empirical data, to allow the perinatal discharge of
mothers and infants to be determined by the clinical
judgment of attending physicians not by economic
considerations; and
(8) the American Medical Association rec-
ommends that the decision regarding perinatal dis-
charge should be made based on the criteria of medi-
cal stability, delivery of adequate predischarge edu-
cation, need for neonatal screening, and determina-
tion that adequate feeding is occurring and with
consideration of the mother’s social and emotional
needs and preferences.
(b) SENSE OF THE CONGRESS.—It is, therefore, the
sense of Congress that—
(1) the Maternal and Child Health Bureau
should promptly collaborate with other concerned
national organizations to encourage well-designed
studies, separating economic concerns from concerns
about the health and well-being of mothers and chil-
dren, to identify safe neonatal practices with regard
to the hospital discharge of mothers and infants and
establish appropriate medical care procedures during
the perinatal period;
(2) decisions on how long mothers and
newborns should stay in the hospital after delivery
and before discharge should be made by doctors and
patients together based on the medical and health
care needs of the mother and newborn and not by
hospitals, health insurers, health services organiza-
tions, and health benefit plans based primarily on
economic considerations; and
(3) until further empirical data are collected so
as to indicate a need for change in current Guide-
lines, hospitals, health insurers, health services orga-
nizations, and health benefit plans should abide by
the current Guidelines for Perinatal Care of the
American Academy of Pediatrics and the American
College of Obstetricians and Gynecologists, that
state that the general time for discharge for mother
and baby should be at least 48 hours following un-
complicated vaginal delivery and at least 96 hours
following uncomplicated caesarian birth and that
permit early discharge if specified criteria are met.
SEC. 514. Limitation on use of funds.—None of the
funds made available in this Act may be used for the ex-
penses of an electronic benefit transfer (EBT) task force.
SEC. 515. CPI Index.—None of the funds made
available in this Act may be used by the Bureau of Labor
Statistics to implement a change in the consumer price
index (which is used to determine cost of living adjust-
ments for such programs as social security) except when
it is made known to the Federal official to whom the funds
are made available that the House of Representatives and
the Senate have authorized a change in such index based
upon a comprehensive revision of the market basket.
SEC. 516. 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. 517. None of the funds made available in this
Act may be used for grants to students at an institution
of higher education under the Pell Grant program under
subpart 1 of part A of the Higher Education Act of 1965
when it is made known to the Federal official having au-
thority to obligate or expend such funds that such institu-
tion is ineligible to particpate in a loan program under
part B of title IV of such Act as a result of a default
rate determination under section 435(a) of such Act.
SEC. 518.—The amount otherwise provided by this
Act for ″Corporation for National and Community Serv-
ice—Domestic Volunteer Service Programs, Operating
Expenses″ is hereby increased by $13,793,000.
SEC. 519. OTHER
PROGRAMS.—In addition to
amounts otherwise provided in this Act, for carrying out
programs under the head ‘‘SCHOOL IMPROVEMENT PRO-
GRAMS’’; for carrying out programs under the head ‘‘VO-
CATIONAL
AND
ADULT
EDUCATION’’, 
respectively,
$50,000,000 and $100,000,000, to be derived from
amounts under the head ‘‘AGENCY FOR HEALTH CARE
POLICY AND RESEARCH—HEALTH CARE POLICY AND RE-
SEARCH’’, $60,000,000: Provided, That, notwithstanding
any other provision in this Act, none of the funds under
the head ‘‘AGENCY FOR HEALTH CARE POLICY AND RE-
SEARCH—HEALTH CARE POLICY AND RESEARCH’’ shall be
expended from the Federal Hospital Insurance and the
Federal Supplementary Medical Insurance Trust Funds.
TITLE VI—POLITICAL ADVOCACY
PROHIBITION ON THE USE OF FEDERAL FUNDS FOR
POLITICAL ADVOCACY
SEC. 601. (a) LIMITATIONS.—Notwithstanding any
other provision of law, the following limitations apply to
any grant which is made from funds appropriated under
this or any other Act or controlled under any congressional
authorization until Congress provides specific exceptions
in subsequent Acts:
(1) No grantee may use funds from any grant
to engage in political advocacy.
(2) No grant applicant, except an individual
person, may receive any grant if its expenditures for
political advocacy for any one of the previous five
Federal fiscal years exceeded its prohibited political
advocacy threshold (but no Federal fiscal year before
1996 shall be considered). For purposes of this title,
the prohibited political advocacy threshold for a
given Federal fiscal year is to be determined by the
following formula:
(A) calculate the difference between the
grant applicant’s total expenditures made in a
given Federal fiscal year and the total grants it
received in that Federal fiscal year;
(B) for the first $20,000,000 of the dif-
ference calculated in (A), multiply by .05;
(C) for the remainder of the difference cal-
culated in (A), multiply by .01;
(D) the sum of the products described in
(B) and (C) equals the prohibited political ad-
vocacy threshold.
(3) During any one Federal fiscal year in which
a grantee, except an individual person, has posses-
sion, custody or control of grant funds, the grantee,
except an individual person, shall not use any funds
(whether derived from grants or otherwise) to en-
gage in political advocacy in excess of its prohibited
political advocacy threshold for the prior Federal fis-
cal year.
(4) No grantee may use funds from any grant
to purchase or secure any goods or services (includ-
ing dues and membership fees) from any other indi-
vidual, entity, or organization whose expenditures
for political advocacy for the previous Federal fiscal
year exceeded 15 percent of its total expenditures
for that Federal fiscal year.
(5) No grantee may use funds from any grant
for any purpose (including but not limited to extend-
ing subsequent grants to any other individual, en-
tity, or organization) other than to purchase or se-
cure goods or services, except as specifically per-
mitted by Congress in the law authorizing the grant.
(6) Any individual, entity, or organization that
awards or administers a grant shall take reasonable
steps to ensure that the grantee complies with the
requirements of this title. Reasonable steps to en-
sure compliance shall include written notice to a
grantee that it is receiving a grant, and that the
provisions of this title apply to the grantee.
(b) ENFORCEMENT.—The following enforcement pro-
visions apply with respect to the limitations imposed under
subsection (a):
(1) Each grantee shall be subject to audit from
time to time as follows:
(A) Audits may be requested and con-
ducted by the General Accounting Office or
other auditing entity authorized by Congress,
including the inspector general of the Federal
entity awarding or administering the grant.
(B) Grantees shall follow generally accept-
ed accounting principles in keeping books and
records relating to each grant and no Federal
entity may impose more burdensome accounting
requirements for purposes of enforcing this
title.
(C) A grantee that engages in political ad-
vocacy shall have the burden of proving, by
clear and convincing evidence, that it is in com-
pliance with the limitations of this section.
(2) Violations by a grantee of the limitations
contained in subsection (a) may be enforced and the
grant may be recovered in the same manner and to
the same extent as a false or fraudulent claim for
payment or approval made to the Federal Govern-
ment pursuant to sections 3729 through 3812 of
title 31, United States Code.
(3) Any officer or employee of the Federal Gov-
ernment who awards or administers funds from any
grant to a grantee who is not in compliance with
this section shall—
(A) for knowing or negligent noncompli-
ance with this section, be subjected to appro-
priate administrative discipline, including, when
circumstances warrant, suspension from duty
without pay or removal from office; and
(B) for knowing noncompliance with this
section, pay a civil penalty of not more than
$5,000 for each improper disbursement of
funds.
(c) DEFINITIONS.—For purposes of this title:
(1) POLITICAL ADVOCACY.—The term ‘‘political
advocacy’’ includes—
(A) carrying on propaganda, or otherwise
attempting to influence legislation or agency ac-
tion, including, but not limited to monetary or
in-kind contributions, endorsements, publicity,
or similar activity;
(B) participating or intervening in (includ-
ing the publishing or distributing of statements)
any political campaign on behalf of (or in oppo-
sition to) any candidate for public office, includ-
ing but not limited to monetary or in-kind con-
tributions, endorsements, publicity, or similar
activity;
(C) participating in any judicial litigation
or agency proceeding (including as an amicus
curiae) in which agents or instrumentalities of
Federal, State, or local governments are par-
ties, other than litigation in which the grantee
or grant applicant: is a defendant appearing in
its own behalf; is defending its tax-exempt sta-
tus; or is challenging a government decision or
action directed specifically at the powers, rights,
or duties of that grantee or grant applicant;
and
(D) allocating, disbursing, or contributing
any funds or in-kind support to any individual,
entity or organization whose expenditures for
political advocacy for the previous Federal fiscal
year exceeded 15 percent of its total expendi-
tures for that Federal fiscal year.
(2) INFLUENCE LEGISLATION OR AGENCY AC-
TION.—
(A) GENERAL RULE.—Except as otherwise
provided in subparagraph (B), the term ‘‘influ-
ence legislation or agency action’’ includes—
(i) any attempt to influence any legis-
lation or agency action through an attempt
to affect the opinions of the general public
or any segment thereof, and
(ii) any attempt to influence any legis-
lation or agency action through commu-
nication with any member or employee of
a legislative body or agency, or with any
government official or employee who may
participate in the formulation of the legis-
lation or agency action.
(B) EXCEPTIONS.—The term ‘‘influence
legislation or agency action’’ does not include—
(i) making available the results of
nonpartisan analysis, study, research, or
debate;
(ii) providing technical advice or as-
sistance (where such advice would other-
wise constitute the influencing of legisla-
tion or agency action) to a governmental
body or to a committee or other subdivi-
sion thereof in response to a written re-
quest by such body or subdivision, as the
case may be;
(iii) 
communications 
between 
the
grantee and its bona fide members with re-
spect to legislation, proposed legislation,
agency action, or proposed agency action
of direct interest to the grantee and such
members, other than communications de-
scribed in subparagraph (C);
(iv) any communication with a govern-
mental official or employee; other than—
(I) a communication with a mem-
ber or employee of a legislative body
or agency (where such communication
would otherwise constitute the influ-
encing of legislation or agency action);
or
(II) a communication the prin-
cipal purpose of which is to influence
legislation or agency action; and
(v) official communications by employ-
ees of State or local governments, or by or-
ganizations whose membership consists ex-
clusively of State or local governments.
(C) COMMUNICATIONS WITH MEMBERS.—
(i) A communication between a grant-
ee and any bona fide member of such orga-
nization to directly encourage such member
to communicate as provided in paragraph
(2)(A)(ii) shall be treated as a (2)(A)(ii)
communication by the grantee itself.
(ii) A communication between a
grantee and any bona fide member of such
organization to directly encourage such
member to urge persons other than mem-
bers to communicate as provided in either
clause (i) or (ii) of paragraph (2)(A) shall
be treated as a communication described in
paragraph (2)(A)(i).
(3) The term ‘‘legislation’’ includes the intro-
duction, amendment, enactment, passage, defeat,
ratification, or repeal of Acts, bills, resolutions, trea-
ties, declarations, confirmations, articles of impeach-
ment, or similar items by the Congress, any State
legislature, any local council or similar governing
body, or by the public in a referendum, initiative,
constitutional amendment, recall, confirmation, or
similar procedure.
(4) The term ‘‘grant’’ includes the provision of
any Federal funds, appropriated under this or any
other Act, or other thing of value to carry out a pub-
lic purpose of the United States, except: the provi-
sion of funds for acquisition (by purchase, lease or
barter) of property or services for the direct benefit
or use of the United States; the payments of loans,
debts, entitlements; or the provision of funds to or
distribution of funds by an Article I or III court and
the provision of grant and scholarship funds to stu-
dents for educational purposes.
(5) The term ‘‘grantee’’ includes any recipient
of any grant. The term shall not include any state
or local government, but shall include any recipient
receiving a grant (as defined by subsection c(4))
from a state or local government.
(6) The term ‘‘agency action’’ includes the defi-
nition contained in section 551 of Title 5, United
States Code, and includes action by state or local
government agencies.
(7) The term ‘‘agency proceeding’’ includes the
definition contained in section 551 of Title 5, United
States Code, and includes proceedings by state or
local government agencies.
DISCLOSURE REQUIREMENTS
SEC. 602. (a) Not later than December 31 of each
year, a grantee, except an individual person, shall provide
(via either electronic or paper medium) to each Federal
entity that awarded or administered its grant an annual
report for the prior Federal fiscal year, certified by the
grantee’s chief executive officer or equivalent person of au-
thority, and setting forth: the grantee’s name, the grant-
ee’s identification number, and—
(1) a statement that the grantee did not engage
in political advocacy; or
(2) a statement that the grantee did engage in
political advocacy, and setting forth for each grant—
(A) the grant identification number;
(B) the amount or value of the grant (in-
cluding all administrative and overhead costs
awarded);
(C) a brief description of the purpose or
purposes for which the grant was awarded;
(D) the identity of each Federal, state and
local government entity awarding or administer-
ing the grant, and program thereunder;
(E) the name and grantee identification
number of each individual, entity, or organiza-
tion to whom the grantee made a grant;
(F) a brief description of the grantee’s po-
litical advocacy, and a good faith estimate of
the grantee’s expenditures on political advocacy;
(G) a good faith estimate of the grantee’s
prohibited political advocacy threshold.
(b) OMB COORDINATION.—The Office of Manage-
ment and Budget shall develop by regulation one stand-
ardized form for the annual report that shall be accepted
by every Federal entity, and a uniform procedure by which
each grantee is assigned one permanent and unique grant-
ee identification number.
FEDERAL ENTITY REPORT
SEC. 603. Not later than May 1 of each calendar
year, each Federal entity awarding or administering a
grant shall submit to the Bureau of the Census a report
(standardized by the Office of Management and Budget)
setting forth the information provided to such Federal en-
tity by each grantee during the preceding Federal fiscal
year, and the name and grantee identification number of
each grantee to whom it provided written notice under sec-
tion 1(a)(6). The Bureau of the Census shall make this
database available to the public through the Internet.
PUBLIC ACCOUNTABILITY
SEC. 604. (a) Any Federal entity awarding a grant
shall make publicly available any grant application, audit
of a grantee, list of grantees to whom notice was provided
under section 1(a)(6), annual report of a grantee, and that
Federal entity’s annual report to the Bureau of the Cen-
sus.
(b) The public’s access to the documents identified
in section 4(a) shall be facilitated by placement of such
documents in the Federal entity’s public document reading
room and also by expediting any requests under section
552 of title 5, United States Code, the Freedom of Infor-
mation Act as amended, ahead of any requests for other
information pending at such Federal entity.
(c) Records described in section (a) shall not be sub-
ject to withholding except under exemption (b)(7)(A) of
section 552 of title 5, United States Code.
(d) No fees for searching for or copying such docu-
ments shall be charged to the public.
SEVERABILITY
SEC. 605. If any provision of this title or the applica-
tion thereof to any person or circumstance is held invalid,
the remainder of this title and the application of such pro-
vision to other persons and circumstances shall not be af-
fected thereby.
FIRST AMENDMENT RIGHTS PRESERVED
SEC. 606. Nothing in this title shall be deemed to
abridge any rights guaranteed under the first amendment
of the United States Constitution, including freedom of
speech, or of the press; or the right of the people peaceably
to assemble, and to petition the Government for a redress
of grievances.
TITLE VII—DEFICIT REDUCTION LOCK-BOX
SEC. 701. SHORT TITLE.—This title may be cited as
the ‘‘Deficit Reduction Lock-box Act of 1995’’.
SEC. 702. DEFICIT REDUCTION LOCK-BOX AC-
COUNT.—(a) ESTABLISHMENT OF ACCOUNT.—Title III of
the Congressional Budget Act of 1974 is amended by add-
ing at the end the following new section:
‘‘DEFICIT REDUCTION LOCK-BOX ACCOUNT
‘‘SEC. 314. (a) ESTABLISHMENT
OF
AC-
COUNT.—There is established in the Congressional
Budget Office an account to be known as the ‘Defi-
cit Reduction Lock-box Account’. The Account shall
be divided into subaccounts corresponding to the
subcommittees of the Committees on Appropriations.
Each subaccount shall consist of three entries: the
‘House Lock-box Balance’; the ‘Senate Lock-box
Balance’; and the ‘Joint House-Senate Lock-box
Balance’.
‘‘(b) CONTENTS OF ACCOUNT.—Each entry in
a subaccount shall consist only of amounts credited
to it under subsection (c). No entry of a negative
amount shall be made.
‘‘(c) CREDIT OF AMOUNTS TO ACCOUNT.—(1)
The Director of the Congressional Budget Office
(hereinafter in this section referred to as the ‘Direc-
tor’) shall, upon the engrossment of any appropria-
tion bill by the House of Representatives and upon
the engrossment of that bill by the Senate, credit to
the applicable subaccount balance of that House
amounts of new budget authority and outlays equal
to the net amounts of reductions in new budget au-
thority and in outlays resulting from amendments
agreed to by that House to that bill.
‘‘(2) The Director shall, upon the engrossment
of Senate amendments to any appropriation bill,
credit to the applicable Joint House-Senate Lock-