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‘‘(3) Paragraph (1) is subject to section 213 of the
Department of Health and Human Services Appropria-
tions Act, 1997.
‘‘(b) In addition to the Center referred to in sub-
section (a), the Secretary may establish sites regarding
persons with Hansen’s disease. Each such site shall pro-
vide for the outpatient care and treatment for Hansen’s
disease to any person determined by the Secretary to be
in need of such care and treatment.
‘‘(c) The Secretary shall make payments to the Board
of Health of the State of Hawaii for the care and treat-
ment (including outpatient care) in its facilities of persons
suffering from Hansen’s disease at a rate determined by
the Secretary. The rate shall be approximately equal to
the operating cost per patient of such facilities, except that
the rate may not exceed the comparable costs per patient
with Hansen’s disease for care and treatment provided by
the Center referred to in subsection (a). Payments under
this subsection are subject to the availability of appropria-
tions for such purpose.’’.
SEC. 214. (a) None of the funds made available in
this Act or any other Act may be used to make any award
of a grant or contract under section 1001 of title X of
the Public Health Service Act for fiscal year 1997 or any
subsequent fiscal year unless the applicant for the award
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agrees that, in operating the voluntary family planning
project involved, the applicant will comply with the follow-
ing conditions:
(1) Priority will be given in the project to the
provision of services to individuals from low-income
families.
(2) An individual will not be charged for serv-
ices in the project if the family of the individual has
a total annual income that is at or below 100 per-
cent of the Federal poverty line, except to the extent
that payment will be made by a third party (includ-
ing a government agency) that is authorized, or is
under a legal obligation, to pay the charge.
(3) If the family of the individual has a total
annual income that exceeds 100 percent of such pov-
erty line but does not exceed 250 percent of the line,
the project will impose a charge according to the
ability to pay.
(4) If the family of the individual has a total
annual income that exceeds 250 percent of such pov-
erty line, the project will impose the full charge for
the services involved.
(5) Subject to paragraphs (1) through (4), the
policies of the applicant will ensure that economic
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status is not a deterrent to participation in the
project.
(b) None of the funds made available in this Act may
be expended for the program under section 1001 of title
X of the Public Health Service Act after the expiration
of the 180-day period beginning on the date of the enact-
ment of this Act unless the Secretary of Health and
Human Services submits to the Congress, not later than
such date of expiration, a report providing, to the extent
that the information is available to the Secretary, the fol-
lowing information for the most recent fiscal year for
which the information is available:
(1) The number of individuals who receive fam-
ily planning services through voluntary family plan-
ning projects under such section 1001, and the de-
mographic characteristics of the individuals.
(2) The types of family planning services cho-
sen by recipients of services from such projects.
(3) The number of individuals served by such
projects who are—
(A) at risk of unintended pregnancy; and
(B) from a family with a total annual in-
come not exceeding 250 percent.
(4) The extent to which the availability of fam-
ily planning services from such projects has, among
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individuals served by the projects, reduced the num-
ber of unintended pregnancies, reduced the number
of abortions, and reduced the number of cases of
sexually transmitted diseases.
(5) The extent to which the availability of fam-
ily planning services from such projects has reduced
Federal and State expenditures for—
(A) the program under title XIX of the So-
cial Security Act (commonly known as the Med-
icaid program); and
(B) the programs under title IV of such
Act (commonly referred to as welfare pro-
grams).
SEC. 215. Amounts available in this title for congres-
sional and legislative affairs, public affairs, and intergov-
ernmental
affairs
activities
are
hereby
reduced
by
$2,000,000.
SEC. 216. Not later than January 1, 1997, the Admin-
istrator of the Health Care Financing Administration, with
the advice and technical assistance of the Agency for Health
Care Policy Research, shall transmit to the appropriate
committees of the Congress a report including—
(1) a review of all available studies and research
data on the treatment of end-stage emphysema and
chronic obstructive pulmonary disease by both unilat-
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eral and bilateral lung volume reduction surgery, in-
volving both invasive and noninvasive surgery and
supplemental surgical methods, including laser appli-
cations; and
(2) a recommendation, based on such review, as
to the appropriateness of Medicare coverage of such
procedures and the conditions, if necessary, that fa-
cilities and physicians should be required to meet, to
ensure the efficacy of such procedures, as more de-
tailed clinical studies are conducted.
SEC. 217. Section 304(a)(1) of the Family Violence
Prevention and Services Act (42 U.S.C. 10403(a)(1)) is
amended by striking ‘‘$200,000’’ and inserting ‘‘$400,000’’.
SEC. 218. The new clinical research center at the Na-
tional Institutes of Health is hereby named the Mark O.
Hatfield Clinical Research and Patient Care Center.
This title may be cited as the ‘‘Department of Health
and Human Services Appropriations Act, 1997’’.
TITLE III—DEPARTMENT OF EDUCATION
EDUCATION REFORM
For carrying out activities authorized by the School-
to-Work Opportunities Act, $175,000,000, which shall be-
come available on July 1, 1997, and remain available
through September 30, 1998 by titles III and IV of the
Goals 2000: Educate America Act and the School-to-Work
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Opportunities Act, $535,000,000, of which $340,000,000 for
the Goals 2000: Educate America Act and $180,000,000 for
the School-to-Work Opportunities Act shall become available
on July 1, 1997, and remain available through September
30, 1998.
EDUCATION FOR THE DISADVANTAGED
For carrying out title I of the Elementary and Sec-
ondary Education Act of 1965, $7,204,130,000 (increased
by
$20,000,000)
(increased
by
$1,000,000)
$7,225,249,000, of which $5,895,244,000 (increased by
$20,000,000) (increased by $1,000,000) $6,544,152,000
shall become available on July 1, 1997, and shall remain
available through September 30, 1998, and of which
$1,298,386,000 $670,597,000 shall become available on
October 1, 1997 and shall remain available through Sep-
tember 30, 1998, for academic year 1997–1998: Provided,
That $6,042,766,000 (increased by $1,000,000) shall be
available for basic grants under section 1124: Provided
further, That up to $3,500,000 of these funds shall be
available to the Secretary on October 1, 1996, to obtain
updated local-educational-agency-level census poverty data
from the Bureau of the Census: Provided further, That
$684,082,000 (increased by $20,000,000) shall be avail-
able for concentration grants under section 1124(A) and
$7,000,000 shall be available for evaluations under section
1501.
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IMPACT AID
For carrying out programs of financial assistance to
federally affected schools authorized by title VIII of the
Elementary and Secondary Education Act of 1965,
$728,000,000
$703,000,000, of which $615,500,000
$591,707,000 shall be for basic support payments under
section 8003(b), $40,000,000 shall be for payments for
children 
with 
disabilities 
under 
section 
8003(d),
$50,000,000, to remain available until expended, shall be
for payments under section 8003(f), $5,000,000 shall be
for construction under section 8007, and $17,500,000
$16,293,000 shall be for Federal property payments under
section 8002.
SCHOOL IMPROVEMENT PROGRAMS
For carrying out school improvement activities au-
thorized by titles II, IV–A–1 and 2, V–A and B, VI, IX,
X and XIII of the Elementary and Secondary Education
Act of 1965; the Stewart B. McKinney Homeless Assist-
ance 
Act; 
and 
the 
Civil 
Rights 
Act 
of 
1964;
$1,235,383,000 $1,318,631,000 of which $1,071,495,000
$1,105,478,000 shall become available on July 1, 1997,
and remain available through September 30, 1998: Pro-
vided, That of the amount appropriated, $606,517,000
$275,000,000 shall be for Eisenhower professional develop-
ment State grants under title II–B and $275,000,000 shall
be for innovative education program strategies State
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grants under title VI–A:–Provided further, That the per-
centage of the funds appropriated under this heading for
innovative education program strategies State grants that
are allocated to any State or territory shall not be less
than the percentage allocated to such State or territory
from the total of the funds appropriated in appropriation
laws for fiscal year 1996 for the combined totals of such
grants plus Eisenhower professional development State
grants, foreign language assistance grants, and the star
schools program.
BILINGUAL AND IMMIGRANT EDUCATION
For carrying out, to the extent not otherwise pro-
vided, bilingual bilingual, foreign language and immigrant
education activities authorized by parts A and C of and
section 7203 of title VII of the Elementary and Secondary
Education Act, without regard to section 7103(b),
$167,190,000 $185,000,000, of which $50,000,000 shall
be for immigrant education programs authorized by part
C: Provided, That State educational agencies may use all,
or any part of, their part C allocation for competitive
grants to local educational agencies: Provided further,
That the Department of Education should only support
instructional programs which ensure that students com-
pletely master English in a timely fashion (a period of
three to five years) while meeting rigorous achievement
standards in the academic content areas.
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SPECIAL EDUCATION
For carrying out parts B, C, D, E, F, G, and H and
section 610(j)(2)(C) of the Individuals with Disabilities
Education 
Act 
(except
part
I), 
$3,246,315,000
$3,262,315,000, of which $3,000,000,000 $3,010,000,000
shall become available for obligation on July 1, 1997, and
shall remain available through September 30, 1998: Pro-
vided, That the Republic of the Marshall Islands, the Fed-
erated States of Micronesia, and the Republic of Palau shall
continue to be eligible to receive funds under the Individuals
with Disabilities Education Act consistent with the provi-
sions of Public Law 104–134: Provided further, That the
entities that received competitive awards funds under sec-
tion 611 of the Individuals with Disabilities Education Act
in accordance with the competition required in Public Law
104–134 shall continue to be funded, without competition,
in the same amounts as under Public Law 104–134.
REHABILITATION SERVICES AND DISABILITY RESEARCH
For carrying out, to the extent not otherwise pro-
vided, the Rehabilitation Act of 1973, the Technology-Re-
lated Assistance for Individuals with Disabilities Act, and
the Helen Keller National Center Act, as amended,
$2,509,447,000 $2,516,447,000.
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SPECIAL INSTITUTIONS FOR PERSONS WITH
DISABILITIES
AMERICAN PRINTING HOUSE FOR THE BLIND
For carrying out the Act of March 3, 1879, as
amended (20 U.S.C. 101 et seq.), $6,680,000.
NATIONAL TECHNICAL INSTITUTE FOR THE DEAF
For the National Technical Institute for the Deaf
under titles I and II of the Education of the Deaf Act
of 1986 (20 U.S.C. 4301 et seq.), $43,041,000: Provided,
That from the amount available, the Institute may at its
discretion use funds for the endowment program as au-
thorized under section 207.
GALLAUDET UNIVERSITY
For the Kendall Demonstration Elementary School,
the Model Secondary School for the Deaf, and the partial
support of Gallaudet University under titles I and II of
the Education of the Deaf Act of 1986 (20 U.S.C. 4301
et seq.), $79,182,000: Provided, That from the amount
available, the University may at its discretion use funds
for the endowment program as authorized under section
207.
VOCATIONAL AND ADULT EDUCATION
For carrying out, to the extent not otherwise pro-
vided, the Carl D. Perkins Vocational and Applied Tech-
nology Education Act and Act, the Adult Education Act,
$1,329,669,000, of which $1,326,750,000 and the Na-
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tional Literacy Act of 1991, $1,341,752,000, of which
$4,860,000 shall be for the National Institute for Literacy;
and of which $1,338,833,000 shall become available on July
1, 1997 and shall remain available through September 30,
1998: Provided, That of the amounts made available under
the Carl D. Perkins Vocational and Applied Technology
Education Act, $4,500,000 shall be for national programs
under title IV without regard to section 451: Provided fur-
ther, That the Secretary may reserve up to $5,000,000
under section 313(d) of the Adult Education Act for activi-
ties carried out under section 383 of that Act: Provided fur-
ther, That no funds shall be awarded to a State Council
under section 112(f) of the Carl D. Perkins Vocational
and Applied Technology Education Act, and no State shall
be required to operate such a Council.
STUDENT FINANCIAL ASSISTANCE
For carrying out subparts 1 and 3 1, 3, and 4 of part
A, part C and part E of title IV of the Higher Education
Act of 1965, as amended, $6,630,407,000 $6,642,830,000,
which shall remain available through September 30, 1998.
The maximum Pell Grant for which a student shall
be eligible during award year 1997–1998 shall be $2,500:
Provided, That notwithstanding section 401(g) of the Act,
if the Secretary determines, prior to publication of the
payment schedule for such award year, that the amount
included within this appropriation for Pell Grant awards
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in such award year, and any funds available from the fis-
cal year 1996 appropriation for Pell Grant awards, are
insufficient to satisfy fully all such awards for which stu-
dents are eligible, as calculated under section 401(b) of
the Act, the amount paid for each such award shall be
reduced by either a fixed or variable percentage, or by a
fixed dollar amount, as determined in accordance with a
schedule of reductions established by the Secretary for this
purpose.
FEDERAL FAMILY EDUCATION LOAN PROGRAM ACCOUNT
For Federal administrative expenses to carry out
guaranteed student loans authorized by title IV, part B,
of the Higher Education Act, as amended, $29,977,000.
HIGHER EDUCATION
For carrying out, to the extent not otherwise pro-
vided, parts A and B of title III, without regard to section
360(a)(1)(B)(ii), titles IV, V, VI, VII, and IX, part A and
subpart 1 of part B of title X, and title XI of the Higher
Education Act of 1965, as amended, Public Law 102–423
and the Mutual Educational and Cultural Exchange Act
of 
1961; 
$829,497,000
$852,269,000, 
of 
which
$15,673,000 for interest subsidies under title VII of the
Higher Education Act, as amended, shall remain available
until expended: Provided, That funds available for part D
of title IX of the Higher Education Act shall be available
to fund noncompeting continuation awards for academic
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year 1997–1998 for fellowships awarded originally under
parts B and C part B of title IX of said Act, under the
terms and conditions of parts B and C, respectively part
B: Provided further, That $5,931,000 of the funds available
for part D of title IX of the Higher Education Act shall
be available to fund new and noncompeting continuation
awards for academic year 1997–1998 for fellowships award-
ed under part C of title IX of said Act, under the terms
and conditions of part C: Provided further, That notwith-
standing sections 419D, 419E, and 419H of the Higher
Education Act, as amended, scholarships made under title
IV, part A, subpart 6 shall be prorated to maintain the
same number of new scholarships in fiscal year 1997 as
in fiscal year 1996: Provided further, That $3,000,000, to
remain available until expended, shall be for the George
H.W. Bush fellowship program, if authorized by April 1,
1997: Provided further, That $3,000,000, to remain avail-
able until expended, shall be for the Edmund S. Muskie
Foundation to establish an endowment fund to provide in-
come to support such foundation on a continuing basis, if
authorized by April 1, 1997.
HOWARD UNIVERSITY
For partial support of Howard University (20 U.S.C.
121 et seq.), $187,348,000 $189,000,000: Provided, That
from the amount available, the University may at its dis-
cretion use funds for the endowment program as author-
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ized under the Howard University Endowment Act (Public
Law 98–480).
HIGHER EDUCATION FACILITIES LOANS
The Secretary is hereby authorized to make such ex-
penditures, within the limits of funds available under this
heading and in accord with law, and to make such con-
tracts and commitments without regard to fiscal year limi-
tation, as provided by section 104 of the Government Cor-
poration Control Act (31 U.S.C. 9104), as may be nec-
essary in carrying out the program for the current fiscal
year.
COLLEGE HOUSING AND ACADEMIC FACILITIES LOANS
PROGRAM
For administrative expenses to carry out the existing
direct loan program of college housing and academic facili-
ties loans entered into pursuant to title VII, part C, of
the Higher Education Act, as amended, $698,000.
COLLEGE HOUSING LOANS
Pursuant to title VII, part C of the Higher Education
Act, as amended, for necessary expenses of the college
housing loans program, the Secretary shall make expendi-
tures and enter into contracts without regard to fiscal year
limitation using loan repayments and other resources
available to this account. Any unobligated balances becom-
ing available from fixed fees paid into this account pursu-
ant to 12 U.S.C. 1749d, relating to payment of costs for
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inspections and site visits, shall be available for the operat-
ing expenses of this account.
HISTORICALLY BLACK COLLEGE AND UNIVERSITY
CAPITAL FINANCING, PROGRAM ACCOUNT
The total amount of bonds insured pursuant to sec-
tion 724 of title VII, part B of the Higher Education Act
shall not exceed $357,000,000, and the cost, as defined
in section 502 of the Congressional Budget Act of 1974,
of such bonds shall not exceed zero.
For administrative expenses to carry out the Histori-
cally Black College and University Capital Financing Pro-
gram entered into pursuant to title VII, part B of the
Higher Education Act, as amended, $104,000.
EDUCATION RESEARCH, STATISTICS, AND IMPROVEMENT
For carrying out activities authorized by the Edu-
cational Research, Development, Dissemination, and Im-
provement Act of 1994 including part E; the National
Education Statistics Act of 1994; section 2102(c)(11),
sections 3136 and 3141, parts A, B, C, and D of title III
and parts A, B, I, and K and section 10601 of title X,
and part C of title XIII of the Elementary and Secondary
Education Act of 1965, as amended, and title VI of Public
Law 103–227, $319,264,000
$350,788,000: Provided,
That $48,000,000 shall be for sections 3136 and 3141 of
the Elementary and Secondary Education Act: Provided
further, That none of the funds appropriated in this para-
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graph 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, II, III, and IV of the Library Services and
Construction Act, and title II–B of the Higher Education
Act, $108,000,000, of which $2,500,000 shall be for sec-
tion 222 and $1,000,000 shall be for section 223 of the
Higher Education Act $128,369,000, 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 expended; and $2,500,000 shall be for section
222 and $5,000,000 shall be for section 223 of the Higher
Education Act: Provided, That $1,000,000 shall be competi-
tively awarded to a nonprofit regional social tolerance re-
source center, operating tolerance tools and prejudice reduc-
tion programs and multimedia tolerance and genocide ex-
hibits.
DEPARTMENTAL MANAGEMENT
PROGRAM ADMINISTRATION
For carrying out, to the extent not otherwise pro-
vided, the Department of Education Organization Act, in-
cluding rental of conference rooms in the District of Co-
lumbia and hire of two passenger motor vehicles,
$320,152,000 (decreased by $20,000,000) (decreased by
$1,000,000) (reduced by $1,923,000).
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OFFICE FOR CIVIL RIGHTS
For expenses necessary for the Office for Civil
Rights, as authorized by section 203 of the Department
of Education Organization Act, $54,171,000.
OFFICE OF THE INSPECTOR GENERAL
For expenses necessary for the Office of the Inspector
General, as authorized by section 212 of the Department
of Education Organization Act, $27,143,000 $27,991,000,
together with any funds, to remain available until ex-
pended, that represent the equitable share from the for-
feiture of property in investigations in which the Office
of Inspector General participated, and which are trans-
ferred to the Office of the Inspector General by the De-
partment of Justice, the Department of the Treasury, or
the United States Postal Service.
GENERAL PROVISIONS
SEC. 301. No funds appropriated in this Act may be
used for the transportation of students or teachers (or for
the purchase of equipment for such transportation) in
order to overcome racial imbalance in any school or school
system, or for the transportation of students or teachers
(or for the purchase of equipment for such transportation)
in order to carry out a plan of racial desegregation of any
school or school system.
SEC. 302. None of the funds contained in this Act
shall be used to require, directly or indirectly, the trans-
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portation of any student to a school other than the school
which is nearest the student’s home, except for a student
requiring special education, to the school offering such
special education, in order to comply with title VI of the
Civil Rights Act of 1964. For the purpose of this section
an indirect requirement of transportation of students in-
cludes the transportation of students to carry out a plan
involving the reorganization of the grade structure of
schools, the pairing of schools, or the clustering of schools,
or any combination of grade restructuring, pairing or clus-
tering. The prohibition described in this section does not
include the establishment of magnet schools.
SEC. 303. No funds appropriated under this Act may
be used to prevent the implementation of programs of vol-
untary prayer and meditation in the public schools.
SEC. 304. Notwithstanding any other provision of
law, funds available under section 458 of the Higher Edu-
cation Act shall not exceed $420,000,000 $440,000,000 for
fiscal year 1997. The Department of Education shall use
at least $134,000,000 for payment of administrative cost
allowances owed to guaranty agencies for fiscal years 1996
and 1997. The Department of Education shall pay admin-
istrative cost allowances to guaranty agencies, to be paid
quarterly $80,000,000 of the amounts provided for payment
of administrative cost allowances to guaranty agencies for
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fiscal year 1996. For fiscal year 1997, the Department of
Education shall pay administrative costs to guaranty agen-
cies, calculated on the basis of 0.85 percent of the total prin-
cipal amount of loans upon which insurance was issued on
or after October 1, 1996: Provided, That such administra-
tive costs shall be paid only on the first $8,200,000,000 of
the principal amount of loans upon which insurance was
issued on or after October 1, 1996 by such guaranty agen-
cies, and shall not exceed a total of $70,000,000. Such pay-
ments are to be paid quarterly, and receipt of such funds
and uses of such funds shall be in accordance with section
428(f) of the Higher Education Act. Receipt of such funds
and uses of such funds by guaranty agencies shall be in
accordance with section 428(f) of the Higher Education
Act.
Notwithstanding section 458 of the Higher Education
Act, the Secretary may not use funds available under that
section or any other section for subsequent fiscal years
for administrative expenses of the William D. Ford Direct
Loan Program. The Secretary may not require the return
of guaranty agency reserve funds during fiscal year 1997,
except after consultation with both the Chairmen and
ranking members of the House Economic and Educational
Opportunities Committee and the Senate Labor and
Human Resources Committee. Any reserve funds recov-