IB
105TH CONGRESS
1ST SESSION
H. R. 2264
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 17, 1997
Ordered to be printed with the amendments of the Senate numbered
AN ACT
Making appropriations for the Departments of Labor, Health
and Human Services, and Education, and related agen-
cies for the fiscal year ending September 30, 1998, and
for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
Ω1æThat the following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
Departments of Labor, Health and Human Services, and
Education, and related agencies for the fiscal year ending
September 30, 1998, and for other purposes, namely:
HR 2264 PP
TITLE I—DEPARTMENT OF LABOR
EMPLOYMENT AND TRAINING ADMINISTRATION
TRAINING AND EMPLOYMENT SERVICES
For necessary expenses of the Job Training Partner-
ship Act, as amended, including the purchase and hire of
passenger motor vehicles, the construction, alteration, and
repair of buildings and other facilities, and the purchase
of real property for training centers as authorized by the
Job Training Partnership Act; the Stewart B. McKinney
Homeless Assistance Act; the Women in Apprenticeship
and Nontraditional Occupations Act; the National Skill
Standards Act of 1994; and the School-to-Work Opportu-
nities Act; $5,162,601,000 (reduced by $21,000,000) plus
reimbursements, of which $2,500,000 shall be available
for purposes of carrying out section 738 of the Stewart
B.
McKinney
Homeless
Assistance
Act
(relating
to
homelesss
veterans’
reintegration
projects);
of
which
$3,872,463,000 (reduced by $21,000,000) is available for
obligation for the period July 1, 1998 through June 30,
1999; of which $118,491,000 is available for the period
July 1, 1998 through June 30, 2001 for necessary ex-
penses of construction, rehabilitation, and acquisition of
Job Corps centers; of which $200,000,000 shall be avail-
able from July 1, 1998 through September 30, 1999, for
carrying out activities of the School-to-Work Opportuni-
HR 2264 PP
ties Act; and of which $100,000,000 shall be available for
obligation for the period July 1, 1999 through June 30,
2000 for Opportunity Areas for Out-of-School Youth only
if specifically authorized by subsequent legislation: Pro-
vided, 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, $5,000,000 shall be for all activities conducted by and
through the National Occupational Information Coordi-
nating Committee under such Act, $1,063,990,000 (re-
duced by $21,000,000) shall be for carrying out title II,
part A of such Act, and $129,965,000 shall be for carry-
ing out title II, part C of such Act: Provided further, That
no funds from any other appropriation shall be used to
provide meal services at or for Job Corps centers: Provided
further, That funds provided for title III of the Job Train-
ing Partnership Act shall not be subject to the limitation
contained in subsection (b) of section 315 of such Act;
that the waiver described in section 315(a)(2) may be
granted if a substate grantee demonstrates to the Gov-
ernor that such waiver is appropriate due to the availabil-
ity of low-cost retraining services, is necessary to facilitate
the provision of needs-related payments to accompany
long-term training, or is necessary to facilitate the provi-
HR 2264 PP
sion of appropriate basic readjustment services; and that
funds provided for 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 enroll-
ment requirements under section 314(e) of such Act, are
enrolled in training by the end of the sixth week after
grant funds have been awarded: Provided further, That
service delivery areas may transfer funding provided here-
in under authority of titles II, parts B and C of the Job
Training Partnership Act between the programs author-
ized by those titles of the Act, if the transfer is approved
by the Governor: Provided further, That service delivery
areas and substate areas may transfer up to 20 percent
of the funding provided herein under authority of title II,
part A 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: Pro-
vided 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: Provided further, That
notwithstanding any other provision of law, the Secretary
of Labor may waive any of the statutory or regulatory re-
quirements of titles I–III of the Job Training Partnership
Act (except for requirements relating to wage and labor
HR 2264 PP
standards, worker rights, participation and protection,
grievance procedures and judicial review, nondiscrimina-
tion, allocation of funds to local areas, eligibility, review
and approval of plans, the establishment and functions of
service delivery areas and private industry councils, and
the basic purposes of the Act), and any of the statutory
or regulatory requirements of sections 8–10 of the Wag-
ner-Peyser Act (except for requirements relating to the
provision of services to unemployment insurance claimants
and veterans, and to universal access to basic labor ex-
change services without cost to job seekers), only for funds
available for expenditure in program year 1998, pursuant
to a request submitted by a State which identifies the stat-
utory or regulatory requirements that are requested to be
waived and the goals which the State or local service deliv-
ery areas intend to achieve, describes the actions that the
State or local service delivery areas have undertaken to
remove State or local statutory or regulatory barriers, de-
scribes the goals of the waiver and the expected pro-
grammatic outcomes if the request is granted, describes
the individuals impacted by the waiver, and describes the
process used to monitor the progress in implementing a
waiver, and for which notice and an opportunity to com-
ment on such request has been provided to the organiza-
tions identified in section 105(a)(1) of the Job Training
HR 2264 PP
Partnership Act, if and only to the extent that the Sec-
retary determines that such requirements impede the abil-
ity of the State to implement a plan to improve the
workforce development system and the State has executed
a Memorandum of Understanding with the Secretary re-
quiring such State to meet agreed upon outcomes and im-
plement other appropriate measures to ensure accountabil-
ity: Provided further, That the Secretary of Labor shall
establish a workforce flexibility (work-flex) partnership
demonstration program under which the Secretary shall
authorize not more than six States, of which at least three
States shall each have populations not in excess of
3,500,000, with a preference given to those States that
have been designated Ed-Flex Partnership States under
section 311(e) of Public Law 103–227, to waive any statu-
tory or regulatory requirement applicable to service deliv-
ery areas or substate areas within the State under titles
I–III of the Job Training Partnership Act (except for re-
quirements relating to wage and labor standards, griev-
ance procedures and judicial review, nondiscrimination, al-
lotment of funds, and eligibility), and any of the statutory
or regulatory requirements of sections 8–10 of the Wag-
ner-Peyser Act (except for requirements relating to the
provision of services to unemployment insurance claimants
and veterans, and to universal access to basic labor ex-
HR 2264 PP
change services without cost to job seekers), for a duration
not to exceed the waiver period authorized under section
311(e) of Public Law 103–227, pursuant to a plan sub-
mitted by such States and approved by the Secretary for
the provision of workforce employment and training activi-
ties in the States, which includes a description of the proc-
ess by which service delivery areas and substate areas may
apply for and have waivers approved by the State, the re-
quirements of the Wagner-Peyser Act to be waived, the
outcomes to be achieved and other measures to be taken
to ensure appropriate accountability for Federal funds.
COMMUNITY SERVICE EMPLOYMENT FOR OLDER
AMERICANS
(TRANSFER OF FUNDS)
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)
of title V of the Older Americans Act of 1965, as amended,
or to carry out older worker activities as subsequently au-
thorized, $343,356,000.
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, $96,844,000.
The funds appropriated under this heading shall be
transferred to and merged with the Department of Health
HR 2264 PP
and Human Services, ‘‘Aging Services Programs’’, for the
same purposes and the same period as the account to
which transferred, following the enactment of legislation
authorizing the administration of the program by that De-
partment.
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, $349,000,000, 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
authorized
administrative
expenses,
$173,452,000,
together
with
not
to
exceed
$3,332,476,000 (reduced by $20,000,000) (including not
to exceed $1,228,000 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-
HR 2264 PP
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
including the cost of administering section 1201 of the
Small Business Job Protection Act of 1996, section 7(d)
of the Wagner-Peyser Act, as amended, the Trade Act of
1974, as amended, the Immigration Act of 1990, and the
Immigration and Nationality Act, as amended, and of
which the sums available in the allocation for activities au-
thorized by title III of the Social Security Act, as amended
(42 U.S.C. 502–504), and the sums available in the alloca-
tion for necessary administrative expenses for carrying out
5 U.S.C. 8501–8523, shall be available for obligation by
the States through December 31, 1998, except that funds
used for automation acquisitions shall be available for obli-
gation by States through September 30, 2000; and of
which
$173,452,000,
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, 1998 through June 30, 1999, to fund ac-
tivities under the Act of June 6, 1933, as amended, in-
cluding the cost of penalty mail authorized under 39
U.S.C. 3202(a)(1)(E) made available to States in lieu of
allotments for such purpose, and of which $200,000,000
HR 2264 PP
(reduced by $10,000,000) shall be available solely for the
purpose of assisting States to convert their automated
State employment security agency systems to be year
2000 compliant, and of which $206,333,000 (reduced by
$10,000,000) shall be available only to the extent nec-
essary for additional State allocations to administer unem-
ployment 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 1998 is projected by the De-
partment of Labor to exceed 2,789,000 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
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-
HR 2264 PP
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, section 104(d) of Public Law 102–164, and
section 5 of Public Law 103–6, and to the ‘‘Federal unem-
ployment benefits and allowances’’ account, to remain
available until September 30, 1999, $392,000,000.
In addition, for making repayable advances to the
Black Lung Disability Trust Fund in the current fiscal
year after September 15, 1998, for costs incurred by the
Black Lung Disability Trust Fund in the current fiscal
year, such sums as may be necessary.
PROGRAM ADMINISTRATION
For expenses of administering employment and train-
ing programs, $84,308,000, together with not to exceed
$41,285,000, which may be expended from the Employ-
ment Security Administration account in the Unemploy-
ment Trust Fund.
HR 2264 PP
PENSION AND WELFARE BENEFITS ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses for the Pension and Welfare
Benefits
Administration,
$82,000,000,
of
which
$3,000,000 shall remain available through September 30,
1999 for expenses of completing the revision of the proc-
essing of employee benefit plan returns.
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, 1998, for such Corporation: Pro-
vided, That not to exceed $10,433,000 shall be available
for administrative expenses of the Corporation: Provided
further, That expenses of such Corporation in connection
with the termination of pension plans, for the acquisition,
protection or management, and investment of trust assets,
and for benefits administration services shall be consid-
HR 2264 PP
ered as non-administrative expenses for the purposes here-
of, 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,
Federal, and local agencies and their employees for inspec-
tion
services
rendered,
$298,007,000,
together
with
$993,000 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 $500,000 shall be for the development and
implementation of the electronic submission of reports re-
quired to be filed under the Labor-Management Reporting
and Disclosure Act of 1959, as amended, and for a com-
puter database of the information for each submission that
is indexed and easily searchable by the public via the
Internet: Provided further, That the Secretary of Labor
is authorized to accept, retain, and spend, until expended,
in the name of the Department 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 further, That the Secretary of
HR 2264 PP
Labor is authorized to establish 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
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, $201,000,000
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,
HR 2264 PP
That amounts appropriated may be used under section
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, 1997, 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
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, 1998: Provided further, That of those funds trans-
ferred to this account from the fair share entities to pay
the cost of administration, $7,269,000 shall be made avail-
able to the Secretary of Labor for expenditures relating
to capital improvements in support of Federal Employees’
Compensation Act administration, and the balance of such
funds shall be paid into the Treasury as miscellaneous re-
ceipts: Provided further, That the Secretary may require
that any person filing a notice of injury or a claim for
benefits under chapter 81 of title 5, United States Code,
HR 2264 PP
or 33 U.S.C. 901 et seq., provide as part of such notice
and claim, such identifying information (including Social
Security account number) as such regulations may pre-
scribe.
BLACK LUNG DISABILITY TRUST FUND
(INCLUDING TRANSFER OF FUNDS)
For payments from the Black Lung Disability Trust
Fund, $1,007,000,000, of which $960,650,000 shall be
available until September 30, 1999, for payment of all
benefits as authorized by section 9501(d)(1), (2), (4), and
(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 $26,147,000 shall
be available for transfer to Employment Standards Ad-
ministration, Salaries and Expenses, $19,551,000 for
transfer to Departmental Management, Salaries and Ex-
penses, $296,000 for transfer to Departmental Manage-
ment, Office of Inspector General, and $356,000 for pay-
ment into miscellaneous receipts for the expenses of the
Department of the Treasury, for expenses of operation
and administration of the Black Lung Benefits program
as authorized by section 9501(d)(5) of that Act: Provided,
That, in addition, such amounts as may be necessary may
be charged to the subsequent year appropriation for the
HR 2264 PP
payment of compensation, interest, or other benefits for
any period subsequent to August 15 of the current year.
OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses for the Occupational Safety
and Health Administration, $336,205,000, including not
to exceed $77,941,000 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,
notwithstanding 31 U.S.C. 3302, the Secretary of Labor
is authorized, during the fiscal year ending September 30,
1998, to collect and retain fees for services provided to
Nationally Recognized Testing Laboratories, and may uti-
lize such sums, in accordance with the provisions of 29
U.S.C. 9a, to administer national and international lab-
HR 2264 PP
oratory recognition programs that ensure the safety of
equipment and products used by workers in the workplace:
Provided further, 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 employ-
ees: Provided further, That no funds appropriated under
this paragraph shall be obligated or expended to admin-
ister or enforce any standard, rule, regulation, or order
under the Occupational Safety and Health Act of 1970
with respect to any employer of ten or fewer employees
who is included within a category having an occupational
injury lost workday case rate, at the most precise Stand-
ard Industrial Classification Code for which such data are
published, less than the national average rate as such
rates are most recently published 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;
HR 2264 PP
(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,
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: Pro-
vided further, That the foregoing proviso shall not
apply to any person who is engaged in a farming op-
eration which does not maintain a temporary labor
camp and employs ten or fewer employees.
HR 2264 PP
MINE SAFETY AND HEALTH ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses for the Mine Safety and
Health Administration, $199,159,000, 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
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
HR 2264 PP
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, $327,609,000, of which $15,430,000 shall
be for expenses of revising the Consumer Price Index and
shall remain available until September 30, 1999, together
with not to exceed $52,848,000, 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
up to $4,402,000 for the President’s Committee on Em-
ployment of People With Disabilities, $152,199,000; to-
gether with not to exceed $282,000, which may be ex-
pended from the Employment Security Administration ac-
count in the Unemployment Trust Fund: Provided, That
no funds made available by this Act may be used by the
Solicitor of Labor to participate in a review in any United
States court of appeals of any decision made by the Bene-
HR 2264 PP
fits Review Board under section 21 of the Longshore and
Harbor Workers’ Compensation Act (33 U.S.C. 921)
where such participation is precluded by the decision of
the United States Supreme Court in Director, Office of
Workers’ Compensation Programs v. Newport News Ship-
building, 115 S. Ct. 1278 (1995): Provided further, That
no funds made available by this Act may be used by the
Secretary of Labor to review a decision under the
Longshore and Harbor Workers’ Compensation Act (33
U.S.C. 901 et seq.) that has been appealed and that has
been pending before the Benefits Review Board for more
than 12 months: Provided further, That any such decision
pending a review by the Benefits Review Board for more
than one year shall be considered affirmed by the Benefits
Review Board on that date, and shall be considered the
final order of the Board for purposes of obtaining a review
in the United States courts of appeals: Provided further,
That these provisions shall not be applicable to the review
of any decision issued under the Black Lung Benefits Act
(30 U.S.C. 901 et seq.).
WORKING CAPITAL FUND
The paragraph under this heading in Public Law 85–
67 (29 U.S.C. 563) is amended by striking the last period
and inserting after ‘‘appropriation action’’ the following:
‘‘: Provided further, That the Secretary of Labor may
transfer annually an amount not to exceed $3,000,000
HR 2264 PP
from unobligated balances in the Department’s salaries
and expenses accounts, to the unobligated balance of the
Working Capital Fund, to be merged with such Fund and
used for the acquisition of capital equipment and the im-
provement of financial management, information tech-
nology and other support systems, and to remain available
until expended: Provided further, That the unobligated
balance of the Fund shall not exceed $20,000,000.’’.
ASSISTANT SECRETARY FOR VETERANS EMPLOYMENT
AND TRAINING
Not to exceed $181,955,000 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, 1998.
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, $43,105,000, (reduced
by $1,000,000) together with not to exceed $3,645,000,
which may be expended from the Employment Security
Administration
account
in
the
Unemployment
Trust
Fund.
HR 2264 PP
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 (re-
duced by $25,000).
(TRANSFER OF FUNDS)
SEC. 102. Not to exceed 1 percent of any discre-
tionary funds (pursuant to the Balanced Budget and
Emergency Deficit Control Act, as amended) which are
appropriated for the current fiscal year for the Depart-
ment of Labor in this Act may be transferred between ap-
propriations, but no such appropriation shall be increased
by more than 3 percent by any such transfer: Provided,
That the Appropriations Committees of both Houses of
Congress are notified at least fifteen days in advance of
any transfer.
SEC. 103. Funds shall be available for carrying out
title IV–B of the Job Training Partnership Act, notwith-
standing section 427(c) of that Act, if a Job Corps center
fails to meet national performance standards established
by the Secretary.
SEC. 104. None of the funds made available in this
Act may be used by the Occupational Safety and Health
Administration to promulgate or issue any proposed or
final standard regarding ergonomic protection before Sep-
HR 2264 PP
tember 30, 1998: Provided, That nothing in this section
shall be construed to limit the Occupational Safety and
Health Administration from issuing voluntary guidelines
on ergonomic protection or from developing a proposed
standard regarding ergonomic protection: Provided fur-
ther, That no funds made available in this Act may be
used by the Occupational Safety and Health Administra-
tion to enforce voluntary ergonomics guidelines through
section 5 (the general duty clause) of the Occupational
Safety and Health Act of 1970 (29 U.S.C. 654).
This title may be cited as the ‘‘Department of Labor
Appropriations Act, 1998’’.
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, XII, 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, and the Health Care
Quality
Improvement
Act
of
1986,
as
amended,
$3,616,068,000
(reduced
by
$9,000,000),
of
which
$225,000 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-
HR 2264 PP
ice Act: Provided, That the Division of Federal Occupa-
tional Health may utilize personal services contracting to
employ professional management/administrative and occu-
pational health professionals: Provided further, That of the
funds made available under this heading, $2,500,000 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 information
under the Act sufficient to recover the full costs of operat-
ing the National Practitioner Data Bank, and shall re-
main available until expended to carry out that Act: Pro-
vided further, That no more than $5,000,000 is available
for carrying out the provisions of Public Law 104–73: Pro-
vided further, That of the funds made available under this
heading, $203,452,000 (reduced by $9,000,000) shall be
for the program under title X of the Public Health Service
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
HR 2264 PP
to any legislative proposal or candidate for public office:
Provided further, That $299,000,000 shall be for State
AIDS Drug Assistance Programs authorized by section
2616 of the Public Health Service Act: Provided further,
That notwithstanding any other provision of law, funds
made available under this heading may be used to con-
tinue operating the Council on Graduate Medical Edu-
cation established by section 301 of Public Law 102–408:
Provided further, That, of the funds made available under
this heading, not more than $4,600,000 shall be made
available and shall remain available until expended for
loan guarantees for loans made by non-Federal lenders to
health centers under section 330(d) of the Public Health
Service Act as amended by Public Law 104–299, and that
such funds be available to subsidize guarantees of total
loan principal in an amount not to exceed $53,300,000:
Provided further, That notwithstanding section 502(a)(1)
of the Social Security Act, not to exceed $105,624,000 is
available for carrying out special projects of regional and
national significance pursuant to section 501(a)(2) of such
Act.
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, $6,000,000, to-
gether with any amounts received by the Secretary in con-
HR 2264 PP
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
(INCLUDING TRANSFER OF FUNDS)
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 $85,000,000: Provided
further, That the Secretary may use up to $1,000,000 de-
rived by transfer from insurance premiums collected from
guaranteed loans made under title VII of the Public
Health Service Act for the purpose of carrying out section
709 of that Act. In addition, for administrative expenses
to carry out the guaranteed 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
HR 2264 PP
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
to exceed $3,000,000 shall be available from the Trust
Fund to the Secretary of Health and Human Services.
CENTERS FOR DISEASE CONTROL AND PREVENTION
DISEASE CONTROL, RESEARCH, AND TRAINING
To carry out titles II, III, VII, XI, XV, XVII, and
XIX of the Public Health Service Act, sections 101, 102,
103, 201, 202, 203, 301, and 501 of the Federal Mine
Safety and Health Act of 1977, and sections 20, 21 and
22 of the Occupational Safety and Health Act of 1970,
title IV of the Immigration and Nationality Act and sec-
tion 501 of the Refugee Education Assistance Act of 1980;
including insurance of official motor vehicles in foreign
countries; and hire, maintenance, and operation of air-
craft, $2,343,737,000, of which $20,000,000 shall remain
available until expended for equipment and construction
and renovation of facilities, and in addition, such sums
as may be derived from authorized user fees, which shall
be credited to this account: Provided, That in addition to
amounts provided herein, up to $48,400,000 shall be
available from amounts available under section 241 of the
Public Health Service Act, to carry out the National Cen-
HR 2264 PP
ter for Health Statistics surveys: Provided further, That
none of the funds made available for injury prevention and
control at the Centers for Disease Control and Prevention
may be used to advocate or promote gun control: Provided
further, That the Director may redirect the total amount
made available under authority of Public Law 101–502,
section 3, dated November 3, 1990, to activities the Direc-
tor may so designate: Provided further, That the Congress
is to be notified promptly of any such transfer.
In addition, $45,000,000, to be derived from the Vio-
lent Crime Reduction Trust Fund, for carrying out section
40151 of Public Law 103–322.
NATIONAL INSTITUTES OF HEALTH
NATIONAL CANCER INSTITUTE
For carrying out section 301 and title IV of the Pub-
lic
Health
Service
Act
with
respect
to
cancer,
$2,513,020,000.
NATIONAL HEART, LUNG, AND BLOOD INSTITUTE
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to cardiovascular, lung,
and
blood
diseases,
and
blood
and
blood
products,
$1,513,004,000.
NATIONAL INSTITUTE OF DENTAL RESEARCH
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to dental disease,
$209,403,000.
HR 2264 PP
NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND
KIDNEY DISEASES
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to diabetes and diges-
tive and kidney disease, $874,337,000.
NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS
AND STROKE
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to neurological dis-
orders and stroke, $763,325,000.
NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS
DISEASES
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to allergy and infec-
tious diseases, $1,339,459,000.
NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to general medical
sciences, $1,047,963,000.
NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN
DEVELOPMENT
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to child health and
human development, $666,682,000.
HR 2264 PP
NATIONAL EYE INSTITUTE
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to eye diseases and
visual disorders, $354,032,000.
NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH
SCIENCES
For carrying out sections 301 and 311 and title IV
of the Public Health Service Act with respect to environ-
mental health sciences, $328,583,000.
NATIONAL INSTITUTE ON AGING
For carrying out section 301 and title IV of the Pub-
lic
Health
Service
Act
with
respect
to
aging,
$509,811,000.
NATIONAL INSTITUTE OF ARTHRITIS AND
MUSCULOSKELETAL AND SKIN DISEASES
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to arthritis and mus-
culoskeletal and skin diseases, $269,807,000.
NATIONAL INSTITUTE ON DEAFNESS AND OTHER
COMMUNICATION DISORDERS
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to deafness and other
communication disorders, $198,373,000.
HR 2264 PP
NATIONAL INSTITUTE OF NURSING RESEARCH
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to nursing research,
$62,451,000.
NATIONAL INSTITUTE ON ALCOHOL ABUSE AND
ALCOHOLISM
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to alcohol abuse and
alcoholism, $226,205,000.
NATIONAL INSTITUTE ON DRUG ABUSE
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to drug abuse,
$525,641,000.
NATIONAL INSTITUTE OF MENTAL HEALTH
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to mental health,
$744,235,000.
NATIONAL HUMAN GENOME RESEARCH INSTITUTE
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to human genome re-
search, $211,772,000.
NATIONAL CENTER FOR RESEARCH RESOURCES
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to research resources
and general research support grants, $436,961,000: Pro-
vided, That none of these funds shall be used to pay recipi-
HR 2264 PP
ents of the general research support grants program any
amount for indirect expenses in connection with such
grants: Provided further, That $20,000,000 shall be for
extramural facilities construction grants.
JOHN E. FOGARTY INTERNATIONAL CENTER
For carrying out the activities at the John E.
Fogarty International Center, $27,620,000.
NATIONAL LIBRARY OF MEDICINE
For carrying out section 301 and title IV of the Pub-
lic Health Service Act with respect to health information
communications, $161,171,000, of which $4,000,000 shall
be available until expended for improvement of informa-
tion systems: Provided, That in fiscal year 1998, the Li-
brary may enter into personal services contracts for the
provision of services in facilities owned, operated, or con-
structed under the jurisdiction of the National Institutes
of Health.
OFFICE OF THE DIRECTOR
(INCLUDING TRANSFER OF FUNDS)
For carrying out the responsibilities of the Office of
the Director, National Institutes of Health, $298,339,000:
Provided, That funding shall be available for the purchase
of not to exceed five passenger motor vehicles for replace-
ment only: Provided further, That the Director may direct
up to 1 percent of the total amount made available in this
Act to all National Institutes of Health appropriations to
HR 2264 PP
activities the Director may so designate: Provided further,
That no such appropriation shall be decreased by more
than 1 percent by any such transfers and that the Con-
gress is promptly notified of the transfer: Provided further,
That NIH is authorized to collect third party payments
for the cost of clinical services that are incurred in Na-
tional Institutes of Health research facilities and that such
payments shall be credited to the National Institutes of
Health Management Fund: Provided further, That all
funds credited to the NIH Management Fund shall re-
main available for one fiscal year after the fiscal year in
which they are deposited: Provided further, That up to
$500,000 shall be available to carry out section 499 of
the Public Health Service Act.
BUILDINGS AND FACILITIES
For the study of, construction of, and acquisition of
equipment for, facilities of or used by the National Insti-
tutes of Health, including the acquisition of real property,
$223,100,000, to remain available until expended, of
which $90,000,000 shall be for the clinical research cen-
ter: Provided, That, notwithstanding any other provision
of law, a single contract or related contracts for the devel-
opment and construction of the clinical research center
may be employed which collectively include the full scope
of the project: Provided further, That the solicitation and
HR 2264 PP
contract shall contain the clause ‘‘availability of funds’’
found at 48 CFR 52.232–18.
SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES
ADMINISTRATION
SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES
For carrying out titles V and XIX of the Public
Health Service Act with respect to substance abuse and
mental health services, the Protection and Advocacy for
Mentally Ill Individuals Act of 1986, and section 301 of
the Public Health Service Act with respect to program
management, $2,151,943,000.
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
HR 2264 PP
Security Act, $101,588,000; 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 $47,412,000.
HEALTH CARE FINANCING ADMINISTRATION
GRANTS TO STATES FOR MEDICAID
For carrying out, except as otherwise provided, titles
XI and XIX of the Social Security Act, $71,530,429,000,
to remain available until expended.
For making, after May 31, 1998, payments to States
under title XIX of the Social Security Act for the last
quarter of fiscal year 1998 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
1999, $27,800,689,000, 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.
HR 2264 PP
PAYMENTS TO HEALTH CARE TRUST FUNDS
For payment to the Federal Hospital Insurance and
the Federal Supplementary Medical Insurance Trust
Funds, as provided under sections 217(g) and 1844 of the
Social Security Act, sections 103(c) and 111(d) of the So-
cial Security Amendments of 1965, section 278(d) of Pub-
lic Law 97–248, and for administrative expenses incurred
pursuant to section 201(g) of the Social Security Act,
$63,581,000,000.
PROGRAM MANAGEMENT
For carrying out, except as otherwise provided, titles
XI, XVIII, and XIX of the Social Security Act, titles XIII
and XXVII of the Public Health Service Act, the Clinical
Laboratory Improvement Amendments of 1988, and sec-
tion
191
of
Public
Law
104–191,
not
to
exceed
$1,679,435,000 to be transferred from the Federal Hos-
pital Insurance and the Federal Supplementary Medical
Insurance Trust Funds, as authorized by section 201(g)
of the Social Security Act; together with all funds collected
in accordance with section 353 of the Public Health Serv-
ice Act, the latter funds to remain available until ex-
pended, together with such sums as may be collected from
authorized user fees and the sale of data, which shall re-
main available until expended: Provided, That all funds
derived in accordance with 31 U.S.C. 9701 from organiza-
tions established under title XIII of the Public Health
HR 2264 PP
Service Act are to be credited to and available for carrying
out the purposes of this appropriation.
HEALTH MAINTENANCE ORGANIZATION LOAN AND LOAN
GUARANTEE FUND
For carrying out subsections (d) and (e) of section
1308 of the Public Health Service Act, any amounts re-
ceived by the Secretary in connection with loans and loan
guarantees under title XIII of the Public Health Service
Act, to be available without fiscal year limitation for the
payment of outstanding obligations. During fiscal year
1998, 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 each State for carrying out
the program of Aid to Families with Dependent Children
under title IV–A of the Social Security Act before the ef-
fective date of the program of Temporary Assistance to
Needy Families (TANF) with respect to such State, such
sums as may be necessary: Provided, That the sum of the
amounts available to a State with respect to expenditures
under such title IV–A in fiscal year 1997 under this ap-
propriation and under such title IV–A as amended by the
Personal Responsibility and Work Opportunity Reconcili-
ation Act of 1996 shall not exceed the limitations under
section 116(b) of such Act.
HR 2264 PP
For making, after May 31 of the current fiscal year,
payments to States or other non-Federal entities under
titles I, IV–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 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–D, X, XI, XIV, and XVI of the
Social Security Act and the Act of July 5, 1960 (24
U.S.C. ch. 9), for the first quarter of fiscal year 1999,
$660,000,000, to remain available until expended.
LOW INCOME HOME ENERGY ASSISTANCE
For making payments under title XXVI of the Omni-
bus Budget Reconciliation Act of 1981, $1,000,000,000,
to be available for obligation in the period October 1, 1998
through September 30, 1999.
For making payments under title XXVI of such Act,
$300,000,000: Provided, That these funds are hereby des-
ignated by Congress to be emergency requirements pursu-
ant to section 251(b)(2)(D) of the Balanced Budget and
Emergency Deficit Control Act of 1985: Provided further,
That these funds shall be made available only after sub-
mission to Congress of a formal budget request by the
President that includes designation of the entire amount
HR 2264 PP
of the request as an emergency requirement as defined in
the Balanced Budget and Emergency Deficit Control Act.
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),
$415,000,000: Provided, That funds appropriated pursu-
ant to section 414(a) of the Immigration and Nationality
Act under Public Law 104–134 for fiscal year 1996 shall
be available for the costs of assistance provided and other
activities conducted in such year and in fiscal years 1997
and 1998.
CHILD CARE AND DEVELOPMENT BLOCK GRANT
For carrying out sections 658A through 658R of the
Omnibus Budget Reconciliation Act of 1981 (The Child
Care
and
Development
Block
Grant
Act
of
1990),
$1,000,000,000 to become available on October 1, 1998
and remain available through September 30, 1999: Pro-
vided, That of funds appropriated for each of fiscal years
1998 and 1999, $19,120,000 shall be available for child
care resource and referral and school-aged child care ac-
tivities.
SOCIAL SERVICES BLOCK GRANT
For making grants to States pursuant to section
2002 of the Social Security Act, $2,245,000,000.
HR 2264 PP
CHILDREN AND FAMILIES SERVICES PROGRAMS
(INCLUDING RESCISSIONS)
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 Native American Programs Act of 1974, title II of
Public Law 95–266 (adoption opportunities), the Aban-
doned Infants Assistance Act of 1988, part B(1) of title
IV and sections 413, 429A and 1110 of the Social Secu-
rity Act; for making payments under the Community Serv-
ices Block Grant Act; and for necessary administrative ex-
penses to carry out said Acts and titles I, IV, X, XI, XIV,
XVI, and XX of the Social Security Act, the Act of July
5, 1960 (24 U.S.C. ch. 9), the Omnibus Budget Reconcili-
ation Act of 1981, title IV of the Immigration and Nation-
ality Act, section 501 of the Refugee Education Assistance
Act of 1980, and section 126 and titles IV and V of Public
Law
100–485,
$5,565,217,000
(increased
by
$32,835,000, for community based resource centers), of
which $537,165,000 shall be for making payments under
the Community Services Block Grant Act: Provided, That
to the extent Community Services Block Grant funds are
distributed as grant funds by a State to an eligible entity
as provided under the Act, and have not been expended
by such entity, they shall remain with such entity for car-
HR 2264 PP
ryover into the next fiscal year for expenditure by such
entity consistent with program purposes.
In addition, $99,000,000, to be derived from the Vio-
lent Crime Reduction Trust Fund, for carrying out sec-
tions 40155, 40211 and 40241 of Public Law 103–322.
Funds appropriated for fiscal year 1998 under sec-
tion 429A(e), part B of title IV of the Social Security Act
shall be reduced by $6,000,000.
Funds appropriated for fiscal year 1998 under sec-
tion 413(h)(1) of the Social Security Act shall be reduced
by $15,000,000.
FAMILY PRESERVATION AND SUPPORT
For carrying out section 430 of the Social Security
Act, $255,000,000.
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,
$3,200,000,000.
For making payments to States or other non-Federal
entities, under title IV–E of the Social Security Act, for
the first quarter of fiscal year 1999, $1,157,500,000.
ADMINISTRATION ON AGING
AGING SERVICES PROGRAMS
For carrying out, to the extent not otherwise pro-
vided, the Older Americans Act of 1965, as amended,
HR 2264 PP
$810,545,000 (increased by $4,725,000): Provided, That
notwithstanding
section
308(b)(1)
of
such
Act,
the
amounts available to each State for administration of the
State plan under title III of such Act shall be reduced
not more than 5 percent below the amount that was avail-
able to such State for such purpose for fiscal year 1995.
OFFICE OF THE SECRETARY
GENERAL DEPARTMENTAL MANAGEMENT
For necessary expenses, not otherwise provided, for
general departmental management, including hire of six
sedans, and for carrying out titles III, XVII, and XX of
the Public Health Service Act, $159,636,000, together
with $5,851,000, to be transferred and expended as au-
thorized by section 201(g)(1) of the Social Security Act
from the Hospital Insurance Trust Fund and the Supple-
mental Medical Insurance Trust Fund.
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, $31,921,000 (reduced
by $1,000,000).
OFFICE FOR CIVIL RIGHTS
For expenses necessary for the Office for Civil
Rights,
$16,345,000,
together
with
not
to
exceed
$3,314,000, to be transferred and expended as authorized
by section 201(g)(1) of the Social Security Act from the
HR 2264 PP
Hospital Insurance Trust Fund and the Supplemental
Medical Insurance Trust Fund.
POLICY RESEARCH
For carrying out, to the extent not otherwise pro-
vided, research studies under section 1110 of the Social
Security Act, $14,000,000.
GENERAL PROVISIONS
SEC. 201. Funds appropriated in this title shall be
available for not to exceed $37,000 for official reception
and representation expenses when specifically approved by
the Secretary.
SEC. 202. The Secretary shall make available through
assignment not more than 60 employees of the Public
Health Service to assist in child survival activities and to
work in AIDS programs through and with funds provided
by the Agency for International Development, the United
Nations International Children’s Emergency Fund or the
World Health Organization.
SEC. 203. None of the funds appropriated under this
Act may be used to implement section 399L(b) of the Pub-
lic Health Service Act or section 1503 of the National In-
stitutes of Health Revitalization Act of 1993, Public Law
103–43.
SEC. 204. None of the funds appropriated in this Act
for the National Institutes of Health and the Substance
Abuse and Mental Health Services Administration shall
HR 2264 PP
be used to pay the salary of an individual, through a grant
or other extramural mechanism, at a rate in excess of
$125,000 per year.
SEC. 205. None of the funds appropriated in this Act
may be expended pursuant to section 241 of the Public
Health Service Act, except for funds specifically provided
for in this Act, or for other taps and assessments made
by any office located in the Department of Health and
Human Services, prior to the Secretary’s preparation and
submission of a report to the Committee on Appropria-
tions of the Senate and of the House detailing the planned
uses of such funds.
SEC. 206. None of the funds appropriated in this Act
may be obligated or expended for the Federal Council on
Aging under the Older Americans Act or the Advisory
Board on Child Abuse and Neglect under the Child Abuse
Prevention and Treatment Act.
(TRANSFER OF FUNDS)
SEC. 207. Not to exceed 1 percent of any discre-
tionary funds (pursuant to the Balanced Budget and
Emergency Deficit Control Act, as amended) which are
appropriated for the current fiscal year for the Depart-
ment of Health and Human Services in this Act may be
transferred between appropriations, but no such appro-
priation shall be increased by more than 3 percent by any
such transfer: Provided, That the Appropriations Commit-
HR 2264 PP
tees of both Houses of Congress are notified at least fif-
teen days in advance of any transfer.
(TRANSFER OF FUNDS)
SEC. 208. The Director of the National Institutes of
Health, jointly with the Director of the Office of AIDS
Research, may transfer up to 3 percent among institutes,
centers, and divisions from the total amounts identified
by these two Directors as funding for research pertaining
to the human immunodeficiency virus: Provided, That the
Congress is promptly notified of the transfer.
(TRANSFER OF FUNDS)
SEC. 209. Of the amounts made available in this Act
for the National Institutes of Health, the amount for re-
search related to the human immunodeficiency virus, as
jointly determined by the Director of NIH and the Direc-
tor of the Office of AIDS Research, shall be made avail-
able to the ‘‘Office of AIDS Research’’ account. The Di-
rector of the Office of AIDS Research shall transfer from
such account amounts necessary to carry out section
2353(d)(3) of the Public Health Service Act.
SEC. 210. Funds appropriated in this Act for the Na-
tional Institutes of Health may be used to provide transit
subsidies in amounts consistent with the transportation
subsidy programs authorized under section 629 of Public
Law 101–509 to non-FTE bearing positions including
trainees, visiting fellows and volunteers.
HR 2264 PP
SEC. 211. (a) The Secretary of Health and Human
Services may in accordance with this section provide for
the relocation of the Federal facility known as the Gillis
W. Long Hansen’s Disease Center (located in the vicinity
of Carville, in the State of Louisiana), including the relo-
cation of the patients of the Center.
(b)(1) Subject to paragraph (2), in relocating the
Center the Secretary may on behalf of the United States
transfer to the State of Louisiana, without charge, title
to the real property and improvements that as of the date
of the enactment of this Act constitute the Center. Such
real property is a parcel consisting of approximately 330
acres. The exact acreage and legal description used for
purposes of the transfer shall be in accordance with a sur-
vey satisfactory to the Secretary.
(2) Any conveyance under paragraph (1) is not effec-
tive unless the deed or other instrument of conveyance
contains the conditions specified in subsection (d); the in-
strument specifies that the United States and the State
of Louisiana agree to such conditions; and the instrument
specifies that, if the State engages in a material breach
of the conditions, title to the real property and improve-
ments involved reverts to the United States at the election
of the Secretary.
HR 2264 PP
(c)(1) With respect to Federal equipment and other
items of Federal personal property that are in use at the
Center as of the date of the enactment of this Act, the
Secretary may, subject to paragraph (2), transfer to the
State such items as the Secretary determines to be appro-
priate, if the Secretary makes the transfer under sub-
section (b).
(2) A transfer of equipment or other items may be
made under paragraph (1) only if the State agrees that,
during the 30-year period beginning on the date on which
the transfer under subsection (b) is made, the items will
be used exclusively for purposes that promote the health
or education of the public, except that the Secretary may
authorize such exceptions as the Secretary determines to
be appropriate.
(d) For purposes of subsection (b)(2), the conditions
specified in this subsection with respect to a transfer of
title are the following:
(1) During the 30-year period beginning on the
date on which the transfer is made, the real property
and improvements referred to in subsection (b)(1)
(referred to in this subsection as the ‘‘transferred
property’’) will be used exclusively for purposes that
promote the health or education of the public, with
HR 2264 PP
such incidental exceptions as the Secretary may ap-
prove.
(2) For purposes of monitoring the extent to
which the transferred property is being used in ac-
cordance with paragraph (1), the Secretary will have
access to such documents as the Secretary deter-
mines to be necessary, and the Secretary may re-
quire the advance approval of the Secretary for such
contracts, conveyances of real or personal property,
or other transactions as the Secretary determines to
be necessary.
(3) The relocation of patients from the trans-
ferred property will be completed not later than 3
years after the date on which the transfer is made,
except to the extent the Secretary determines that
relocating particular patients is not feasible. During
the period of relocation, the Secretary will have un-
restricted access to the transferred property, and
after such period will have such access as may be
necessary with respect to the patients who pursuant
to the preceding sentence are not relocated.
(4)(A) With respect to projects to make repairs
and energy-related improvements at the transferred
property, the Secretary will provide for the comple-
tion of all such projects for which contracts have
HR 2264 PP
been awarded and appropriations have been made as
of the date on which the transfer is made.
(B) If upon completion of the projects referred
to in subparagraph (A) there are any unobligated
balances of amounts appropriated for the projects,
and the sum of such balances is in excess of
$100,000—
(i) the Secretary will transfer the amount
of such excess to the State; and
(ii) the State will expend such amount for
the purposes referred to in paragraph (1),
which may include the renovation of facilities at
the transferred property.
(5)(A) The State will maintain the cemetery lo-
cated on the transferred property, will permit indi-
viduals who were long-term-care patients of the Cen-
ter to be buried at the cemetery, and will permit
members of the public to visit the cemetery.
(B) The State will permit the Center to main-
tain a museum on the transferred property, and will
permit members of the public to visit the museum.
(C) In the case of any waste products stored at
the transferred property as of the date of the trans-
fer, the Federal Government will after the transfer
retain title to and responsibility for the products,
HR 2264 PP
and the State will not require that the Federal Gov-
ernment remove the products from the transferred
property.
(6) In the case of each individual who as of the
date of the enactment of this Act is a Federal em-
ployee at the transferred property with facilities
management or dietary duties:
(A) The State will offer the individual an
employment position with the State, the posi-
tion with the State will have duties similar to
the duties the individual performed in his or her
most recent position at the transferred prop-
erty, and the position with the State will pro-
vide compensation and benefits that are similar
to the compensation and benefits provided for
such most recent position, subject to the con-
currence of the Governor of the State.
(B) If the individual becomes an employee
of the State pursuant to subparagraph (A), the
State will make payments in accordance with
subsection (e)(2)(B) (relating to disability), as
applicable with respect to the individual.
(7) The Federal Government may, consistent
with the intended uses by the State of the trans-
HR 2264 PP
ferred property, carry out at such property activities
regarding at-risk youth.
(8) Such additional conditions as the Secretary
determines to be necessary to protect the interests of
the United States.
(e)(1) This subsection applies if the transfer under
subsection (b) is made.
(2) In the case of each individual who as of the date
of the enactment of this Act is a Federal employee at the
Center with facilities management or dietary duties, and
who becomes an employee of the State pursuant to sub-
section (d)(6)(A):
(A) The provisions of subchapter III of chapter
83 of title 5, United States Code, or of chapter 84
of such title, whichever are applicable, that relate to
disability shall be considered to remain in effect with
respect to the individual (subject to subparagraph
(C)) until the earlier of—
(i) the expiration of the 2-year period be-
ginning on the date on which the transfer under
subsection (b) is made; or
(ii) the date on which the individual first
meets all conditions for coverage under a State
program for payments during retirement by
reason of disability.
HR 2264 PP
(B) The payments to be made by the State pur-
suant to subsection (d)(6)(B) with respect to the in-
dividual are payments to the Civil Service Retire-
ment and Disability Fund, if the individual is receiv-
ing Federal disability coverage pursuant to subpara-
graph (A). Such payments are to be made in a total
amount equal to that portion of the normal-cost per-
centage (determined through the use of dynamic as-
sumptions) of the basic pay of the individual that is
allocable to such coverage and is paid for service
performed during the period for which such coverage
is in effect. Such amount is to be determined in ac-
cordance with chapter 84 of such title 5, is to be
paid at such time and in such manner as mutually
agreed by the State and the Office of Personnel
Management, and is in lieu of individual or agency
contributions otherwise required.
(C) In the determination pursuant to subpara-
graph (A) of whether the individual is eligible for
Federal disability coverage (during the applicable pe-
riod of time under such subparagraph), service as an
employee of the State after the date of the transfer
under subsection (b) shall be counted toward the
service requirement specified in the first sentence of
HR 2264 PP
section 8337(a) or 8451(a)(1)(A) of such title 5
(whichever is applicable).
(3) In the case of each individual who as of the date
of the enactment of this Act is a Federal employee with
a position at the Center and is, for duty at the Center,
receiving the pay differential under section 208(e) of the
Public Health Service Act or under section 5545(d) of title
5, United States Code:
(A) If as of the date of the transfer under sub-
section (b) the individual is eligible for an annuity
under section 8336 or 8412 of title 5, United States
Code, then once the individual separates from the
service and thereby becomes entitled to receive the
annuity, the pay differential shall be included in the
computation of the annuity if the individual sepa-
rated from the service not later than the expiration
of the 90-day period beginning on the date of the
transfer.
(B) If the individual is not eligible for such an
annuity as of the date of the transfer under sub-
section (b) but subsequently does become eligible,
then once the individual separates from the service
and thereby becomes entitled to receive the annuity,
the pay differential shall be included in the computa-
tion of the annuity if the individual separated from
HR 2264 PP
the service not later than the expiration of the 90-
day period beginning on the date on which the indi-
vidual first became eligible for the annuity.
(C) For purposes of this paragraph, the individ-
ual is eligible for the annuity if the individual meets
all conditions under such section 8336 or 8412 to be
entitled to the annuity, except the condition that the
individual be separated from the service.
(4) With respect to individuals who as of the date
of the enactment of this Act are Federal employees with
positions at the Center and are not, for duty at the center,
receiving the pay differential under section 208(e) of the
Public Health Service Act or under section 5545(d) of title
5, United States Code:
(A) During the calendar years 1997 and 1998,
the Secretary may in accordance with this paragraph
provide to any such individual a voluntary separa-
tion incentive payment. The purpose of such pay-
ments is to avoid or minimize the need for involun-
tary separations under a reduction in force with re-
spect to the Center.
(B) During calendar year 1997, any payment
under subparagraph (A) shall be made under section
663 of the Treasury, Postal Service, and General
Government Appropriations Act, 1997 (as contained
HR 2264 PP
in section 101(f) of division A of Public Law 104–
208), except that, for purposes of this subparagraph,
subsection (b) of such section 663 does not apply.
(C) During calendar year 1998, such section
663 applies with respect to payments under subpara-
graph (A) to the same extent and in the same man-
ner as such section applied with respect to the pay-
ments during fiscal year 1997, and for purposes of
this
subparagraph,
the
reference
in
subsection
(c)(2)(D) of such section 663 to December 31, 1997,
is deemed to be a reference to December 31, 1998.
(f) The following provisions apply if under subsection
(a) the Secretary makes the decision to relocate the Cen-
ter:
(1) The site to which the Center is relocated
shall be in the vicinity of Baton Rouge, in the State
of Louisiana.
(2) The facility involved shall continue to be
designated as the Gillis W. Long Hansen’s Disease
Center.
(3) The Secretary shall make reasonable efforts
to inform the patients of the Center with respect to
the planning and carrying out of the relocation.
(4) In the case of each individual who as of Oc-
tober 1, 1996, was a patient of the Center and is
HR 2264 PP
considered by the Director of the Center to be a
long-term-care patient (referred to in this subsection
as an ‘‘eligible patient’’), the Secretary shall con-
tinue to provide for the long-term care of the eligible
patient, without charge, for the remainder of the life
of the patient.
(5)(A) For purposes of paragraph (4), an eligi-
ble patient who is legally competent has the follow-
ing options with respect to support and maintenance
and other nonmedical expenses:
(i) For the remainder of his or her life, the
patient may reside at the Center.
(ii) For the remainder of his or her life,
the patient may receive payments each year at
an annual rate of $33,000 (adjusted in accord-
ance with subparagraphs (C) and (D)), and
may not reside at the Center. Payments under
this clause are in complete discharge of the ob-
ligation of the Federal Government under para-
graph (4) for support and maintenance and
other nonmedical expenses of the patient.
(B) The choice by an eligible patient of the op-
tion under clause (i) of subparagraph (A) may at
any time be revoked by the patient, and the patient
may instead choose the option under clause (ii) of
HR 2264 PP
such subparagraph. The choice by an eligible patient
of the option under such clause (ii) is irrevocable.
(C) Payments under subparagraph (A)(ii) shall
be made on a monthly basis, and shall be pro rated
as applicable. In 1999 and each subsequent year, the
monthly amount of such payments shall be increased
by a percentage equal to any percentage increase
taking effect under section 215(i) of the Social Secu-
rity Act (relating to a cost-of-living increase) for
benefits under title II of such Act (relating to Fed-
eral old-age, survivors, and disability insurance bene-
fits). Any such percentage increase in monthly pay-
ments under subparagraph (A)(ii) shall take effect
in the same month as the percentage increase under
such section 215(i) takes effect.
(D) With respect to the provision of outpatient
and inpatient medical care for Hansen’s disease and
related complications to an eligible patient:
(i) The choice the patient makes under
subparagraph (A) does not affect the respon-
sibility of the Secretary for providing to the pa-
tient such care at or through the Center.
(ii) If the patient chooses the option under
subparagraph (A)(ii) and receives inpatient care
at or through the Center, the Secretary may re-
HR 2264 PP
duce the amount of payments under such sub-
paragraph, except to the extent that reimburse-
ment for the expenses of such care is available
to the provider of the care through the program
under title XVIII of the Social Security Act or
the program under title XIX of such Act. Any
such reduction shall be made on the basis of the
number of days for which the patient received
the inpatient care.
(6) The Secretary shall provide to each eligible
patient such information and time as may be nec-
essary for the patient to make an informed decision
regarding the options under paragraph (5)(A).
(7) After the date of the enactment of this Act,
the Center may not provide long-term care for any
individual who as of such date was not receiving
such care as a patient of the Center.
(8) If upon completion of the projects referred
to in subsection (d)(4)(A) there are unobligated bal-
ances of amounts appropriated for the projects, such
balances are available to the Secretary for expenses
relating to the relocation of the Center, except that,
if the sum of such balances is in excess of $100,000,
such excess is available to the State in accordance
with subsection (d)(4)(B). The amounts available to
HR 2264 PP
the Secretary pursuant to the preceding sentence are
available until expended.
(g) For purposes of this section:
(1) The term ‘‘Center’’ means the Gillis W.
Long Hansen’s Disease Center.
(2) The term ‘‘Secretary’’ means the Secretary
of Health and Human Services.
(3) The term ‘‘State’’ means the State of Lou-
isiana.
(h) Section 320 of the Public Health Service Act (42
U.S.C. 247e) is amended by striking the section designa-
tion and all that follows and inserting the following:
‘‘SEC. 320. (a)(1) At or through the Gillis W. Long
Hansen’s Disease Center (located in the State of Louisi-
ana), the Secretary shall without charge provide short-
term care and treatment, including outpatient care, for
Hansen’s disease and related complications to any person
determined by the Secretary to be in need of such care
and treatment. The Secretary may not at or through such
Center provide long-term care for any such disease or
complication.
‘‘(2) The Center referred to in paragraph (1) shall
conduct training in the diagnosis and management of
Hansen’s disease and related complications, and shall con-
duct and promote the coordination of research (including
HR 2264 PP
clinical research),
investigations,
demonstrations, and
studies relating to the causes, diagnosis, treatment, con-
trol, and prevention of Hansen’s disease and other
mycobacterial diseases and complications related to such
diseases.
‘‘(3) Paragraph (1) is subject to section 211 of the
Department of Health and Humans Services Appropria-
tions Act, 1998.
‘‘(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 and related complications to any person deter-
mined by the Secretary to be in need of such care and
treatment.
‘‘(c) The Secretary shall carry out subsections (a)
and (b) acting through an agency of the Service. For pur-
poses of the preceding sentence, the agency designated by
the Secretary shall carry out both activities relating to the
provision of health services and activities relating to the
conduct of research.
‘‘(d) The Secretary shall make payments to the
Board of Health of the State of Hawaii for the care and
treatment (including outpatient care) in its facilities of
persons suffering from Hansen’s disease at a rate deter-
HR 2264 PP
TITLE III—DEPARTMENT OF EDUCATION
EDUCATION REFORM
For carrying out activities authorized by titles III
and IV of the Goals 2000: Educate America Act, the
School-to-Work Opportunities Act, and section 3132 of
the Elementary and Secondary Education Act of 1965,
$1,135,000,000 (reduced by $12,835,000) (reduced by
$20,000,000) (reduced by $25,000,000) (reduced by
$55,000,000),
of
which
$458,500,000
(reduced
by
$12,835,000) (reduced by $20,000,000) (reduced by
$55,000,000) for the Goals 2000: Educate America Act
and $200,000,000 for the School-to-Work Opportunities
Act shall become available on July 1, 1998, and remain
available through September 30, 1999: Provided, That
none of the funds appropriated under this heading shall
be obligated or expended to carry out section 304(a)(2)(A)
of the Goals 2000: Educate America Act, except that no
more than $1,500,000 may be used to carry out activities
under section 314(a)(2) of that Act: Provided further,
That section 315(a)(2) of the Goals 2000 Act shall not
apply: Provided further, That up to one-half of one percent
of the amount available under section 3132 shall be set
aside for the outlying areas, to be distributed on the basis
of their relative need as determined by the Secretary in
accordance with the purposes of the program: Provided
HR 2264 PP
further, That if any State educational agency does not
apply for a grant under section 3132, that State’s allot-
ment under section 3131 shall be reserved by the Sec-
retary for grants to local educational agencies in that
State that apply directly to the Secretary according to the
terms and conditions published by the Secretary in the
Federal Register.
EDUCATION FOR THE DISADVANTAGED
For carrying out title I of the Elementary and Sec-
ondary Education Act of 1965, and section 418A of the
Higher
Education
Act,
$8,204,217,000,
of
which
$6,882,616,000 shall become available on July 1, 1998,
and shall remain available through September 30, 1999,
and of which $1,298,386,000 shall become available on
October 1, 1998 and shall remain available through Sep-
tember 30, 1999, for academic year 1998–1999: Provided,
That $6,191,350,000 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 Sec-
retary on October 1, 1997, to obtain updated local-edu-
cational-agency-level census poverty data from the Bureau
of the Census: Provided further, That $949,249,000 shall
be available for concentration grants under section 1124A,
$400,000,000 shall be available for targeted grants under
section 1125, $150,000,000 shall be available under sec-
tion 1002(g)(2) to demonstrate effective approaches to
HR 2264 PP
comprehensive school reform: Provided, That such ap-
proaches show the most promise of enabling children
served by title I to meet challenging State content stand-
ards and challenging State student performance standards
which shall include an emphasis on basic academics and
parental involvement based on proven research and prac-
tices, $10,000,000 shall be available for evaluations under
section 1501 and not more than $7,500,000 shall be re-
served
for
section
1308,
of
which
not
more
than
$3,000,000 shall be reserved for section 1308(d).
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,
$796,000,000, of which $667,000,000 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), $62,000,000, to remain available until
expended, shall be for payments under section 8003(f),
$7,000,000 shall be for construction under section 8007,
and $20,000,000 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, X
and XIII of the Elementary and Secondary Education Act
HR 2264 PP
of 1965; the Stewart B. McKinney Homeless Assistance
Act; and the Civil Rights Act of 1964; $1,480,888,000 (in-
creased by $25,000,000) (increased by $1,500,000), of
which $1,219,500,000 (increased by $1,500,000) shall be-
come available on July 1, 1998, and remain available
through September 30, 1999: Provided, That of the
amount appropriated, $310,000,000 shall be for Eisen-
hower professional development State grants under title
II–B of the Elementary and Secondary Education Act,
$350,000,000 shall be for innovative education program
strategies State grants under title VI–A of said Act and
$750,000 shall be for an evaluation of comprehensive re-
gional assistance centers under title XIII of said Act.
LITERACY
(INCLUDING TRANSFER OF FUNDS)
For carrying out a literacy initiative, $260,000,000,
which shall become available on October 1, 1998 and shall
remain available through September 30, 1999 only if spe-
cifically authorized by subsequent legislation enacted by
April 1, 1998: Provided, That, if the initiative is not au-
thorized by such date, the funds shall be transferred to
‘‘Special Education’’ to be merged with that account and
to be available for the same purposes for which that ac-
count is available: Provided further, That the transferred
funds shall become available for obligation on July 1,
HR 2264 PP
1999, and shall remain available through September 30,
2000 for academic year 1999–2000.
INDIAN EDUCATION
For expenses necessary to carry out, to the extent
not otherwise provided, title IX, part A of the Elementary
and Secondary Education Act of 1965, as amended, and
section 215 of the Department of Education Organization
Act, $62,600,000.
BILINGUAL AND IMMIGRANT EDUCATION
For carrying out, to the extent not otherwise pro-
vided, bilingual, foreign language and immigrant edu-
cation activities authorized by parts A and C and section
7203 of title VII of the Elementary and Secondary Edu-
cation
Act,
without
regard
to
section
7103(b),
$354,000,000: 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
completely master English in a timely fashion (a period
of three to five years) while meeting rigorous achievement
standards in the academic content areas.
SPECIAL EDUCATION
For carrying out the Individuals with Disabilities
Education
Act,
$4,348,647,000
(increased
by
$25,000,000)
(increased
by
$55,000,000),
of
which
HR 2264 PP
$4,117,186,000 (increased by $25,000,000) (increased by
$55,000,000) shall become available for obligation on July
1, 1998, and shall remain available through September 30,
1999.
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,
$2,589,176,000.
SPECIAL INSTITUTIONS FOR PERSONS WITH
DISABILITIES
AMERICAN PRINTING HOUSE FOR THE BLIND
For carrying out the Act of March 3, 1879, as
amended (20 U.S.C. 101 et seq.), $8,186,000.
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.), $43,841,000: 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
HR 2264 PP
the Education of the Deaf Act of 1986 (20 U.S.C. 4301
et seq.), $80,682,000: Provided, That from the amount
available, the University may at its discretion use funds
for the endowment program as authorized under section
207.
VOCATIONAL AND ADULT EDUCATION
For carrying out, to the extent not otherwise pro-
vided, the Carl D. Perkins Vocational and Applied Tech-
nology Education Act and the Adult Education Act,
$1,486,975,000 (increased by $20,000,000), of which
$1,483,875,000 (increased by $20,000,000) shall become
available on July 1, 1998 and shall remain available
through September 30, 1999; and of which $4,491,000
from amounts available under the Adult Education Act
shall be for the National Institute for Literacy under sec-
tion 384(c): Provided, That, of the amounts made avail-
able for title II of the Carl D. Perkins Vocational and Ap-
plied Technology Education Act, $13,497,000 shall be
used by the Secretary for national programs under title
IV, without regard to section 451: Provided further, That
the Secretary may reserve up to $4,998,000 under section
313(d) of the Adult Education Act for activities carried
out under section 383 of that Act: Provided further, That
no funds shall be awarded to a State Council under section
112(f) of the Carl D. Perkins Vocational and Applied
HR 2264 PP
Technology Education Act, and no State shall be required
to operate such a Council.
STUDENT FINANCIAL ASSISTANCE
For carrying out subparts 1 and 3 of part A, part
C and part E of title IV of the Higher Education Act of
1965, as amended, $9,046,407,000, which shall remain
available through September 30, 1999.
The maximum Pell Grant for which a student shall
be eligible during award year 1998–1999 shall be $3,000:
Provided, That notwithstanding section 401(g) of the Act,
if the Secretary determines, prior to publication of the
payment schedule for such award year, that the amount
included within this appropriation for Pell Grant awards
in such award year, and any funds available from the fis-
cal year 1997 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, $47,688,000.
HR 2264 PP
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, and part
A and subpart 1 of part B of title X of the Higher Edu-
cation Act of 1965, as amended, the Mutual Educational
and Cultural Exchange Act of 1961, and Public Law 102-
423; $909,893,000, of which $13,700,000 for interest
subsidies under title VII of the Higher Education Act 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 year 1998-1999 for fellowships
awarded originally under part C of title IX of said Act,
under the terms and conditions of part C: Provided fur-
ther, That notwithstanding sections 419D, 419E, and
419H of the Higher Education Act, scholarships made
under title IV, part A, subpart 6 shall be prorated to
maintain the same number of new scholarships in fiscal
year 1998 as in fiscal year 1997.
HOWARD UNIVERSITY
For partial support of Howard University (20 U.S.C.
121 et seq.), $210,000,000: Provided, That from the
amount available, the University may at its discretion use
funds for the endowment program as authorized under the
Howard University Endowment Act (Public Law 98–480).
HR 2264 PP
COLLEGE HOUSING AND ACADEMIC FACILITIES LOANS
PROGRAM
For Federal administrative expenses to carry out ac-
tivities related to facility loans entered into under title VII,
part C and section 702 of the Higher Education Act, as
amended, $698,000.
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, sections
3136 and 3141 and parts A, B, I, and K and section
10601 of title X, and part C of title XIII of the Elemen-
tary and Secondary Education Act of 1965, as amended,
$508,752,000 (increased by $1,000,000) (reduced by
HR 2264 PP
$1,500,000): Provided, That $50,000,000 of the amount
provided for section 10101 of part A of title X of the Ele-
mentary and Secondary Education Act shall be for grants
to local educational agencies to demonstrate effective ap-
proaches to comprehensive school reform: Provided, That
such approaches show the most promise of enabling chil-
dren to meet challenging State content standards and
challenging State student performance standards which
shall include an emphasis on basic academics and parental
involvement based on proven research and pratices.
LIBRARIES
For carrying out subtitle B of the Museum and Li-
brary Services Act, $142,000,000.
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,
$329,479,000 (increased by $100,000).
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, $55,449,000.
HR 2264 PP
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, $30,242,000.
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-
HR 2264 PP
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. None of the funds appropriated in this Act
may be obligated or expended to carry out section 621(b)
of Public Law 101–589.
(TRANSFER OF FUNDS)
SEC. 305. Not to exceed 1 percent of any discre-
tionary funds (pursuant to the Balanced Budget and
Emergency Deficit Control Act, as amended) which are
appropriated for the current fiscal year for the Depart-
ment of Education in this Act may be transferred between
appropriations, but no such appropriation shall be in-
creased by more than 3 percent by any such transfer: Pro-
vided, That the Appropriations Committees of both
Houses of Congress are notified at least fifteen days in
advance of any transfer.
SEC. 306. Notwithstanding any other provision of
law, from funds appropriated under the Fund for the Im-
provement of Education, the Secretary of Education shall
make an award, in an amount not to exceed $1,000,000,
to the National Academy of Sciences to evaluate and sub-
mit a preliminary report by June 30, 1998 and a final
report by August 31, 1998 to the Committee on Appro-
HR 2264 PP
priations and the Committee on Education and the
Workforce of the House of Representatives on the follow-
ing items with respect to the Administration’s proposed
national tests in 4th grade reading and 8th grade math:
(1) the technical quality of the work performed under the
test development contract(s), linking activities, and con-
tract(s) for providing the tests to States and school dis-
tricts; (2) the adequacy of the administration of the field
tests; (3) the validity and reliability of the data produced
by the field tests; (4) the reasonableness and validity of
the contractors’ design for linking test results to student
performance levels; and (5) the degree to which the tests
can be expected to provide valid and useful information
to the public: Provided, That in no event may the Depart-
ment of Education proceed to administer any final version
of the tests, until such time as a final National Academy
of Sciences report is completed.
SEC. 307. Notwithstanding any other provision of
law, any institution of higher education which receives
funds under title III of the Higher Education Act, except
for grants made under section 326, may use up to twenty
percent of its award under part A or part B of the Act
for endowment building purposes authorized under section
331. Any institution seeking to use part A or part B funds
for endowment building purposes shall indicate such inten-
HR 2264 PP
tion in its application to the Secretary and shall abide by
departmental regulations governing the endowment chal-
lenge grant program.
SEC. 308. AMENDMENTS
TO ELIGIBLE LENDER
DEFINITION.—Section 435(d)(1) of the Higher Education
Act of 1965 (20 U.S.C. 1085) is amended—
(1) by inserting before the semicolon at the end
of subparagraph (A) the following: ‘‘; and in deter-
mining whether the making or holding of loans to
students and parents under this part is the primary
consumer credit function of the eligible lender, loans
made or held as trustee or in a trust capacity for
the benefit of a third party shall not be considered’’;
(2) by striking ‘‘and’’ at the end of subpara-
graph (I);
(3) in subparagraph (J), by striking the period
and inserting ‘‘; and’’; and
(4) by adding at the end the following new sub-
paragraph:
‘‘(K) a wholly owned subsidiary of a pub-
licly-held holding company which, as of the date
of enactment of this subparagraph, through one
or more subsidiaries (i) acts as a finance com-
pany, and (ii) participates in the program au-
HR 2264 PP
thorized by this part pursuant to subparagraph
(C).’’.
This title may be cited as the ‘‘Department of Edu-
cation Appropriations Act, 1998’’.
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, $71,777,000 (re-
duced by $1,500,000), of which $16,325,000 (reduced by
$1,500,000) shall remain available until expended for con-
struction and renovation of the physical plants at the
United States Soldiers’ and Airmen’s Home and the Unit-
ed States Naval Home.
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, $227,547,000.
HR 2264 PP
CORPORATION FOR PUBLIC BROADCASTING
For payment to the Corporation for Public Broad-
casting, as authorized by the Communications Act of
1934, an amount which shall be available within limita-
tions specified by that Act, for the fiscal year 2000,
$300,000,000: Provided, That no funds made available to
the Corporation for Public Broadcasting by this Act shall
be used to pay for receptions, parties, or similar forms
of entertainment for Government officials or employees:
Provided further, That none of the funds contained in this
paragraph shall be available or used to aid or support any
program or activity from which any person is excluded,
or is denied benefits, or is discriminated against, on the
basis of race, color, national origin, religion, or sex.
FEDERAL MEDIATION AND CONCILIATION SERVICE
SALARIES AND EXPENSES
For expenses necessary for the Federal Mediation
and Conciliation Service to carry out the functions vested
in it by the Labor Management Relations Act, 1947 (29
U.S.C. 171–180, 182, and 183), including hire of pas-
senger 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. ch. 71), $33,481,000,
HR 2264 PP
including $1,500,000, to remain available through Sep-
tember 30, 1999, for activities authorized by the Labor-
Management Cooperation Act of 1978 (29 U.S.C. 175a):
Provided, That notwithstanding 31 U.S.C. 3302, fees
charged, up to full-cost recovery, for special training ac-
tivities and for arbitration services shall be credited to and
merged with this account, and shall remain available until
expended: Provided further, That fees for arbitration serv-
ices shall be available only for education, training, and
professional development of the agency workforce: Pro-
vided further, That the Director of the Service is author-
ized to accept on behalf of the United States gifts of serv-
ices and real, personal, or other property in the aid of any
projects or functions within the Director’s jurisdiction.
FEDERAL MINE SAFETY AND HEALTH REVIEW
COMMISSION
SALARIES AND EXPENSES
For expenses necessary for the Federal Mine Safety
and Health Review Commission (30 U.S.C. 801 et seq.),
$6,060,000.
NATIONAL COMMISSION ON LIBRARIES AND
INFORMATION SCIENCE
SALARIES AND EXPENSES
For necessary expenses for the National Commission
on Libraries and Information Science, established by the
HR 2264 PP
Act of July 20, 1970 (Public Law 91–345, as amended
by Public Law 102–95), $1,000,000.
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, $1,793,000.
NATIONAL EDUCATION GOALS PANEL
For expenses necessary for the National Education
Goals Panel, as authorized by title II, part A of the Goals
2000: Educate America Act, $2,000,000.
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, $174,661,000: 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,
HR 2264 PP
1938 (29 U.S.C. 203), and including in said definition em-
ployees engaged in the maintenance and operation of
ditches, canals, reservoirs, and waterways when main-
tained or operated on a mutual, nonprofit basis and at
least 95 per centum of the water stored or supplied there-
by is used for farming purposes: Provided further, That
none of the funds made available by this Act shall be used
in any way to promulgate a final rule (altering 29 CFR
part 103) regarding single location bargaining units in
representation cases.
NATIONAL MEDIATION BOARD
SALARIES AND EXPENSES
For expenses necessary to carry out the provisions
of the Railway Labor Act, as amended (45 U.S.C. 151–
188), including emergency boards appointed by the Presi-
dent, $8,400,000: Provided, That unobligated balances at
the end of fiscal year 1998 not needed for emergency
boards shall remain available for other statutory purposes
through September 30, 1999.
OCCUPATIONAL SAFETY AND HEALTH REVIEW
COMMISSION
SALARIES AND EXPENSES
For expenses necessary for the Occupational Safety
and
Health
Review
Commission
(29
U.S.C.
661),
$7,900,000.
HR 2264 PP
PHYSICIAN PAYMENT REVIEW COMMISSION
SALARIES AND EXPENSES
For expenses necessary to carry out section 1845(a)
of the Social Security Act, $3,258,000, 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, $3,257,000, to be transferred
to this appropriation from the Federal Hospital Insurance
and the Federal Supplementary Medical Insurance Trust
Funds.
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, $206,000,000, which shall include
amounts becoming available in fiscal year 1998 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 $206,000,000: Provided, That the
total amount provided herein shall be credited in 12 ap-
HR 2264 PP
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, $50,000, to remain available through September
30, 1999, which shall be the maximum amount available
for payment pursuant to section 417 of Public Law 98–
76.
LIMITATION ON ADMINISTRATION
For necessary expenses for the Railroad Retirement
Board for administration of the Railroad Retirement Act
and
the
Railroad
Unemployment
Insurance
Act,
$87,228,000 (reduced by $1,500,000), to be derived in
such amounts as determined by the Board from the rail-
road retirement accounts and from moneys credited to the
railroad unemployment insurance administration fund.
LIMITATION ON THE OFFICE OF INSPECTOR GENERAL
For expenses necessary for the Office of Inspector
General for audit, investigatory and review activities, as
authorized by the Inspector General Act of 1978, as
amended, not more than $5,000,000, to be derived from
the railroad retirement accounts and railroad unemploy-
ment insurance account: Provided, That none of the funds
HR 2264 PP
made available in any other paragraph of this Act may
be transferred to the Office; used to carry out any such
transfer; used to provide any office space, equipment, of-
fice supplies, communications facilities or services, mainte-
nance services, or administrative services for the Office;
used to pay any salary, benefit, or award for any personnel
of the Office; used to pay any other operating expense of
the Office; or used to reimburse the Office for any service
provided, or expense incurred, by the Office: Provided fur-
ther, That none of the funds made available in this para-
graph may be used for any audit, investigation, or review
of the Medicare Program.
SOCIAL SECURITY ADMINISTRATION
PAYMENTS TO SOCIAL SECURITY TRUST FUNDS
For payment to the Federal Old-Age and Survivors
Insurance and the Federal Disability Insurance trust
funds, as provided under sections 201(m), 228(g), and
1131(b)(2) of the Social Security Act, $20,308,000.
SPECIAL BENEFITS FOR DISABLED COAL MINERS
For carrying out title IV of the Federal Mine Safety
and Health Act of 1977, $426,090,000, 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-
HR 2264 PP
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 1977 for the first
quarter of fiscal year 1999, $160,000,000, to remain
available until expended.
SUPPLEMENTAL SECURITY INCOME PROGRAM
For carrying out titles XI and XVI of the Social Se-
curity Act, section 401 of Public Law 92–603, section 212
of Public Law 93–66, as amended, and section 405 of
Public Law 95–216, including payment to the Social Secu-
rity trust funds for administrative expenses incurred pur-
suant to section 201(g)(1) of the Social Security Act,
$16,170,000,000, 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.
From funds provided under the previous paragraph,
not less than $100,000,000 shall be available for payment
to the Social Security trust funds for administrative ex-
penses for conducting continuing disability reviews.
In addition, $175,000,000, to remain available until
September 30, 1999, for payment to the Social Security
trust funds for administrative expenses for continuing dis-
ability reviews as authorized by section 103 of Public Law
104–121 and Supplemental Security Income administra-
HR 2264 PP
tive work as authorized by Public Law 104–193. The term
‘‘continuing disability reviews’’ means reviews and redeter-
minations as defined under section 201(g)(1)(A) of the
Social Security Act, as amended, and reviews and redeter-
minations authorized under section 211 of Public Law
104–193.
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 making benefit payments under title XVI of the
Social Security Act for the first quarter of fiscal year
1999, $8,680,000,000, to remain available until expended.
LIMITATION ON ADMINISTRATIVE EXPENSES
For necessary expenses, including the hire of two pas-
senger motor vehicles, and not to exceed $10,000 for offi-
cial reception and representation expenses, not more than
$5,938,040,000 may be expended, as authorized by sec-
tion 201(g)(1) of the Social Security Act, from any one
or all of the trust funds referred to therein: Provided, That
not less than $1,600,000 shall be for the Social Security
Advisory Board: Provided further, That unobligated bal-
ances at the end of fiscal year 1998 not needed for fiscal
year 1998 shall remain available until expended for a
state-of-the-art
computing
network,
including
related
equipment and non-payroll administrative expenses associ-
HR 2264 PP
ated solely with this network: Provided further, That reim-
bursement to the trust funds under this heading for ex-
penditures for official time for employees of the Social Se-
curity Administration pursuant to section 7131 of title 5,
United States Code, and for facilities or support services
for labor organizations pursuant to policies, regulations,
or procedures referred to in section 7135(b) of such title
shall be made by the Secretary of the Treasury, with inter-
est, from amounts in the general fund not otherwise ap-
propriated, as soon as possible after such expenditures are
made.
From funds provided under the previous paragraph,
not less than $200,000,000 shall be available for conduct-
ing continuing disability reviews.
In addition to funding already available under this
heading, and subject to the same terms and conditions,
$245,000,000, to remain available until September 30,
1999, for continuing disability reviews as authorized by
section 103 of Public Law 104–121 and Supplemental Se-
curity Income administrative work as authorized by Public
Law 104–193. The term ‘‘continuing disability reviews’’
means reviews and redeterminations as defined under sec-
tion 201(g)(1)(A) of the Social Security Act as amended,
and reviews and redeterminations authorized under sec-
tion 211 of Public Law 104–193.
HR 2264 PP
In addition to funding already available under this
heading, and subject to the same terms and conditions,
$200,000,000, which shall remain available until ex-
pended, to invest in a state-of-the-art computing network,
including related equipment and non-payroll administra-
tive 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.
In addition, $35,000,000 to be derived from adminis-
tration fees in excess of $5.00 per supplementary payment
collected pursuant to section 1616(d) of the Social Secu-
rity Act or section 212(b)(3) of Public Law 93–66, which
shall remain available until expended. To the extent that
the amounts collected pursuant to such section 1616(d)
or 212(b)(3) in fiscal year 1998 exceed $35,000,000, the
amounts shall be available in fiscal year 1999 only to the
extent provided in advance in appropriations Acts.
OFFICE OF INSPECTOR GENERAL
(INCLUDING TRANSFER OF FUNDS)
For expenses necessary for the Office of Inspector
General in carrying out the provisions of the Inspector
General Act of 1978, as amended, $10,164,000, together
with not to exceed $42,260,000, to be transferred and ex-
pended as authorized by section 201(g)(1) of the Social
HR 2264 PP
Security Act from the Federal Old-Age and Survivors In-
surance Trust Fund and the Federal Disability Insurance
Trust Fund.
In addition, an amount not to exceed 3 percent of
the total provided in this appropriation may be transferred
from the ‘‘Limitation on Administrative Expenses’’, Social
Security Administration, to be merged with this account,
to be available for the time and purposes for which this
account is available: Provided, That notice of such trans-
fers shall be transmitted promptly to the Committees on
Appropriations of the House and Senate.
UNITED STATES INSTITUTE OF PEACE
OPERATING EXPENSES
For necessary expenses of the United States Institute
of Peace as authorized in the United States Institute of
Peace Act, $11,160,000.
TITLE V—GENERAL PROVISIONS
SEC. 501. The Secretaries of Labor, Health and
Human Services, and Education are authorized to transfer
unexpended balances of prior appropriations to accounts
corresponding to current appropriations provided in this
Act: Provided, That such transferred balances are used for
the same purpose, and for the same periods of time, for
which they were originally appropriated.
HR 2264 PP
SEC. 502. No part of any appropriation contained in
this Act shall remain available for obligation beyond the
current fiscal year unless expressly so provided herein.
SEC. 503. (a) No part of any appropriation contained
in this Act shall be used, other than for normal and recog-
nized executive-legislative relationships, for publicity or
propaganda purposes, for the preparation, distribution, or
use of any kit, pamphlet, booklet, publication, radio, tele-
vision, or video presentation designed to support or defeat
legislation pending before the Congress or any State legis-
lature, except in presentation to the Congress or any State
legislature 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 or any
State legislature.
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
HR 2264 PP
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.
SEC.
506.
(a)
PURCHASE
OF
AMERICAN-MADE
EQUIPMENT AND PRODUCTS.—It is the sense of the Con-
gress that, to the greatest extent practicable, all equip-
ment and products purchased with funds made available
in this Act should be American-made.
(b) NOTICE REQUIREMENT.—In providing financial
assistance to, or entering into any contract with, any en-
tity using funds made available in this Act, the head of
each Federal agency, to the greatest extent practicable,
shall provide to such entity a notice describing the state-
ment made in subsection (a) by the Congress.
(c) PROHIBITION
OF CONTRACTS WITH PERSONS
FALSELY LABELING PRODUCTS AS MADE IN AMERICA.—
If it has been finally determined by a court or Federal
HR 2264 PP
agency that any person intentionally affixed a label bear-
ing a ‘‘Made in America’’ inscription, or any inscription
with the same meaning, to any product sold in or shipped
to the United States that is not made in the United
States, the person shall be ineligible to receive any con-
tract or subcontract made with funds made available in
this Act, pursuant to the debarment, suspension, and ineli-
gibility procedures described in sections 9.400 through
9.409 of title 48, Code of Federal Regulations.
SEC. 507. When issuing statements, press releases,
requests for proposals, bid solicitations and other docu-
ments describing projects or programs funded in whole or
in part with Federal money, all grantees receiving Federal
funds included in this Act, including but not limited to
State and local governments and recipients of Federal re-
search 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. (a) None of the funds appropriated under
this Act shall be expended for any abortion.
HR 2264 PP
(b) None of the funds appropriated under this Act
shall be expended for health benefits coverage that in-
cludes coverage of abortion.
(c) The term ‘‘health benefits coverage’’ means the
pakage of services covered by a managed care provider or
organization pursuant to a contract or other arrangement.
SEC. 509. (a) The limitations established in the pre-
ceding section shall not apply to an abortion—
(1) if the pregnancy is the result of an act of
rape or incest; or
(2) in the case where a woman suffers from a
physical disorder, physical injury, or physical illness,
including
a
life-endangering
physical
condition
caused by or arising from the pregnancy itself, that
would, as certified by a physician, place the woman
in danger of death unless an abortion is performed.
(b) Nothing in the preceding section shall be con-
strued as prohibiting the expenditure by a State locality,
entity, or private person of State, local, or private funds
(other than a State’s or locality’s contribution of Medicaid
matching funds).
(c) Nothing in the preceding section shall be con-
strued as restricting the ability of any managed care pro-
vider from offering abortion coverage or the ability of a
State or locality to contract separately with such a pro-
HR 2264 PP
vider for such coverage with State funds (other than a
State’s or locality’s contribution of Medicaid matching
funds).
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 purpose 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,
HR 2264 PP
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 to enforce the requirements of section
428(b)(1)(U)(iii) of the Higher Education Act of 1965
with respect to any lender when it is made known to the
Federal official having authority to obligate or expend
such funds that the lender has a loan portfolio under part
B of title IV of such Act that is equal to or less than
$5,000,000.
SEC. 512. (a) None of the funds made available in
this Act may be used for—
(1) the creation of a human embryo or embryos
for research purposes; or
(2) research in which a human embryo or em-
bryos are destroyed, discarded, or knowingly sub-
jected to risk of injury or death greater than that
allowed for research on fetuses in utero under 45
CFR 46.208(a)(2) and section 498(b) of the Public
Health Service Act (42 U.S.C. 289g(b)).
(b) For purposes of this section, the term ‘‘human
embryo or embryos’’ include any organism, not protected
as a human subject under 45 CFR 46 as of the date of
the enactment of this Act, that is derived by fertilization,
HR 2264 PP
parthenogenesis, cloning, or any other means from one or
more human gametes or human diploid cells.
SEC. 513. (a) LIMITATION ON USE OF FUNDS FOR
PROMOTION OF LEGALIZATION OF CONTROLLED SUB-
STANCES.—None of the funds made available in this Act
may be used for any activity when it is made known to
the Federal official having authority to obligate or expend
such funds that the activity promotes the legalization of
any drug or other substance included in schedule I of the
schedules of controlled substances established by section
202 of the Controlled Substances Act (21 U.S.C. 812).
(b) EXCEPTIONS.—The limitation in subsection (a)
shall not apply when it is made known to the Federal offi-
cial having authority to obligate or expend such funds that
there is significant medical evidence of a therapeutic ad-
vantage to the use of such drug or other substance or that
Federally-sponsored clinical trials are being conducted to
determine therapeutic advantage.
SEC. 514. None of the funds made available in this
Act may be obligated or expended to enter into or renew
a contract with an entity when it is made known to the
Federal official having authority to obligate or expend
such funds that—
(1) such entity is otherwise a contractor with
the United States and is subject to the requirement
HR 2264 PP
in section 4212(d) of title 38, United States Code,
regarding submission of an annual report to the Sec-
retary of Labor concerning employment of certain
veterans; and
(2) such entity has not submitted a report as
required by that section for the most recent year for
which such requirement was applicable to such en-
tity.
SEC. 515. (a) FEES FOR FEDERAL ADMINISTRATION
OF STATE SUPPLEMENTARY SSI PAYMENTS.—
(1) OPTIONAL
STATE
SUPPLEMENTARY
PAY-
MENTS.—
(A) IN GENERAL.—Section 1616(d)(2)(B)
of
the
Social
Security
Act
(42
U.S.C.
1382e(d)(2)(B)) is amended—
(i) by striking ‘‘and’’ at the end of
clause (iii); and
(ii) by striking clause (iv) and insert-
ing the following:
‘‘(iv) for fiscal year 1997, $5.00;
‘‘(v) for fiscal year 1998, $6.20;
‘‘(vi) for fiscal year 1999, $7.60;
‘‘(vii) for fiscal year 2000, $7.80;
‘‘(viii) for fiscal year 2001, $8.10;
‘‘(ix) for fiscal year 2002, $8.50; and
100
HR 2264 PP
‘‘(x) for fiscal year 2003 and each succeeding
fiscal year—
‘‘(I) the applicable rate in the preceding
fiscal year, increased by the percentage, if any,
by which the Consumer Price Index for the
month of June of the calendar year of the in-
crease exceeds the Consumer Price Index for
the month of June of the calendar year preced-
ing the calendar year of the increase, and
rounded to the nearest whole cent; or
‘‘(II) such different rate as the Commis-
sioner determines is appropriate for the State.’’.
(B) CONFORMING
AMENDMENT.—Section
1616(d)(2)(C)
of
such
Act
(42
U.S.C.
1382e(d)(2)(C))
is
amended
by
striking
‘‘(B)(iv)’’ and inserting ‘‘(B)(x)(II)’’.
(2) MANDATORY STATE SUPPLEMENTARY PAY-
MENTS.—
(A)
IN
GENERAL.—Section
212(b)(3)(B)(ii)
of
Public
Law
93–66
(42
U.S.C. 1382 note) is amended—
(i) by striking ‘‘and’’ at the end of
subclause (III); and
(ii) by striking subclause (IV) and in-
serting the following:
101
HR 2264 PP
‘‘(IV) for fiscal year 1997, $5.00;
‘‘(V) for fiscal year 1998, $6.20;
‘‘(VI) for fiscal year 1999, $7.60;
‘‘(VII) for fiscal year 2000, $7.80;
‘‘(VIII) for fiscal year 2001, $8.10;
‘‘(IX) for fiscal year 2002, $8.50; and
‘‘(X) for fiscal year 2003 and each succeeding
fiscal year—
‘‘(aa) the applicable rate in the preceding
fiscal year, increased by the percentage, if any,
by which the Consumer Price Index for the
month of June of the calendar year of the in-
crease exceeds the Consumer Price Index for
the month of June of the calendar year preced-
ing the calendar year of the increase, and
rounded to the nearest whole cent; or
‘‘(bb) such different rate as the Commis-
sioner determines is appropriate for the State.’’.
(B) CONFORMING
AMENDMENT.—Section
212(b)(3)(B)(iii) of such Act (42 U.S.C. 1382
note) is amended by striking ‘‘(ii)(IV)’’ and in-
serting ‘‘(ii)(X)(bb)’’.
(b) USE OF NEW FEES TO DEFRAY THE SOCIAL SE-
CURITY
ADMINISTRATION’S
ADMINISTRATIVE
EX-
PENSES.—
102
HR 2264 PP
(1) CREDIT
TO
SPECIAL
FUND
FOR
FISCAL
YEAR 1998 AND SUBSEQUENT YEARS.—
(A)
OPTIONAL
STATE
SUPPLEMENTARY
PAYMENT FEES.—Section 1616(d)(4) of the So-
cial Security Act (42 U.S.C. 1382e(d)(4)) is
amended to read as follows:
‘‘(4)(A) The first $5 of each administration fee as-
sessed pursuant to paragraph (2), upon collection, shall
be deposited in the general fund of the Treasury of the
United States as miscellaneous receipts.
‘‘(B) That portion of each administration fee in ex-
cess of $5, and 100 percent of each additional services
fee charged pursuant to paragraph (3), upon collection for
fiscal year 1998 and each subsequent fiscal year, shall be
credited to a special fund established in the Treasury of
the United States for State supplementary payment fees.
The amounts so credited, to the extent and in the amounts
provided in advance in appropriations Acts, shall be avail-
able to defray expenses incurred in carrying out this title
and related laws.’’.
(B) MANDATORY STATE SUPPLEMENTARY
PAYMENT FEES.—Section 212(b)(3)(D) of Pub-
lic Law 93–66 (42 U.S.C. 1382 note) is amend-
ed to read as follows:
103
HR 2264 PP
‘‘(D)(i) The first $5 of each administration fee as-
sessed pursuant to subparagraph (B), upon collection,
shall be deposited in the general fund of the Treasury of
the United States as miscellaneous receipts.
‘‘(ii) The portion of each administration fee in excess
of $5, and 100 percent of each additional services fee
charged pursuant to subparagraph (C), upon collection for
fiscal year 1998 and each subsequent fiscal year, shall be
credited to a special fund established in the Treasury of
the United States for State supplementary payment fees.
The amounts so credited, to the extent and in the amounts
provided in advance in appropriations Acts, shall be avail-
able to defray expenses incurred in carrying out this sec-
tion and title XVI of the Social Security Act and related
laws.’’.
(2) LIMITATIONS ON AUTHORIZATION OF AP-
PROPRIATIONS.—From amounts credited pursuant
to section 1616(d)(4)(B) of the Social Security Act
and section 212(b)(3)(D)(ii) of Public Law 93–66 to
the special fund established in the Treasury of the
United States for State supplementary payment
fees, there is authorized to be appropriated an
amount not to exceed $35,000,000 for fiscal year
1998, and such sums as may be necessary for each
fiscal year thereafter, for administrative expenses in
104
HR 2264 PP
carrying out the supplemental security income pro-
gram under title XVI of the Social Security Act and
related laws.
SEC. 516. Section 520(c)(2)(D) of the Departments
of Labor, Health and Human Services, and Education,
and Related Agencies Appropriations Act, 1997, is amend-
ed by striking ‘‘September 30, 1997’’ and inserting in lieu
thereof ‘‘December 31, 1997’’.
SEC. 517. The amounts otherwise provided by this
Act are revised by reducing the amount made available
for ‘‘DEPARTMENT OF LABOR—EMPLOYMENT AND
TRAINING ADMINISTRATION—STATE UNEMPLOYMENT IN-
SURANCE AND EMPLOYMENT SERVICE OPERATIONS’’ from
the Unemployment Trust Fund (and the amount specified
under such heading for assisting States to convert their
automated State employment security agency systems to
be year 2000 compliant), and increasing the amount made
available for ‘‘DEPARTMENT OF HEALTH AND
HUMAN SERVICES—CENTERS FOR DISEASE CONTROL
AND PREVENTION—DISEASE CONTROL, RESEARCH, AND
TRAINING’’ from general Federal funds, by $7,000,000.
SEC. 518. (a) PROHIBITION OF FUNDS FOR NA-
TIONAL TESTING
IN READING
AND MATHEMATICS.—
None of the funds made available in this Act may be used
105
HR 2264 PP
to develop, plan, implement, or administer any national
testing program in reading or mathematics.
(b) EXCEPTIONS.—Subsection (a) shall not apply to
the following:
(1) The National Assessment of Educational
Progress carried out under sections 411 through
413 of the Improving America’s Schools Act of 1994
(20 U.S.C. 9010–9012).
(2) The Third International Math and Science
Study (TIMSS).
SEC. 519. None of the funds made available in this
Act may be used to pay the expenses of an election officer
appointed by a court to oversee an election of any officer
or trustee for the International Brotherhood of Teamsters.
SEC. 520. Subsection (k) of section 9302 of the Bal-
anced Budget Act of 1997, as added by section 1604(f)(3)
of the Taxpayer Relief of Act of 1997, is repealed.
SEC. 521. (a) LIMITATION ON PENALTIES UNDER
IDEA.—None of the funds made available in this Act may
be used by the Department of Education to investigate,
or to impose, administer, or enforce any penalty, sanction,
or remedy for, a State’s election not to provide special edu-
cation and related services under the Individuals with Dis-
abilities Education Act (20 U.S.C. 1400 et seq.) to indi-
106
HR 2264 PP
viduals who are 18 years of age or older and are incarcer-
ated in adult State prisons.
(b) EXCEPTION.—Subsection (a) shall not apply to
any withholding of financial assistance to a State by the
Department of Education pursuant to the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et seq.).
This Act may be cited as the ‘‘Departments of Labor,
Health and Human Services, and Education, and Related
Agencies Appropriations Act, 1998’’.
That the following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
Departments of Labor, Health and Human Services, and
Education, and related agencies for the fiscal year ending
September 30, 1998, and for other purposes, namely:
TITLE I—DEPARTMENT OF LABOR
EMPLOYMENT AND TRAINING ADMINISTRATION
TRAINING AND EMPLOYMENT SERVICES
For necessary expenses of the Job Training Partner-
ship Act, as amended, including the purchase and hire of
passenger motor vehicles, the construction, alteration, and
repair of buildings and other facilities, and the purchase
of real property for training centers as authorized by the
Job Training Partnership Act; the Stewart B. McKinney
Homeless Assistance Act; the Women in Apprenticeship and
Nontraditional Occupations Act; the National Skill Stand-
107
HR 2264 PP
ards Act of 1994; and the School-to-Work Opportunities
Act; $5,010,053,000 plus reimbursements, of which
$3,815,062,000 is available for obligation for the period
July 1, 1998 through June 30, 1999; of which $118,491,000
is available for the period July 1, 1998 through June 30,
2001 for necessary expenses of construction, rehabilitation,
and acquisition of Job Corps centers; and of which
$200,000,000 shall be available from July 1, 1998 through
September 30, 1999, for carrying out activities of the
School-to-Work 
Opportunities 
Act: 
Provided, 
That
$55,127,000 shall be for carrying out section 401 of the Job
Training Partnership Act, $72,749,000 shall be for carry-
ing out section 402 of such Act, $7,300,000 shall be for car-
rying out section 441 of such Act, $10,000,000 shall be for
all activities conducted by and through the National Occu-
pational Information Coordinating Committee under such
Act, $955,000,000 shall be for carrying out title II, part
A of such Act, and $129,965,000 shall be for carrying out
title II, part C of such Act: Provided further, That the Na-
tional Occupational Information Coordinating Committee
is authorized, effective upon enactment, to charge fees for
publications, training and technical assistance developed by
the National Occupational Information Coordinating Com-
mittee: Provided further, That revenues received from publi-
cations and delivery of technical assistance and training,
108
HR 2264 PP
notwithstanding 31 U.S.C. 3302, shall be credited to the
National Occupational Information Coordinating Commit-
tee program account and shall be available to the National
Occupational Information Coordinating Committee without
further appropriations, so long as such revenues are used
for authorized activities of the National Occupational Infor-
mation Coordinating Committee: Provided further, That no
funds from any other appropriation shall be used to provide
meal services at or for Job Corps centers: Provided further,
That funds provided for title III of the Job Training Part-
nership Act shall not be subject to the limitation contained
in subsection (b) of section 315 of such Act; that the waiver
described in section 315(a)(2) may be granted if a substate
grantee demonstrates 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-re-
lated payments to accompany long-term training, or is nec-
essary to facilitate the provision of appropriate basic read-
justment services; and that funds provided for discretionary
grants under part B of such title III may be used to provide
needs-related payments to participants who, in lieu of meet-
ing the enrollment requirements under section 314(e) of
such Act, are enrolled in training by the end of the sixth
week after grant funds have been awarded: Provided further,
That funds provided to carry out section 324 of such Act
109
HR 2264 PP
may be used for demonstation projects that provide assist-
ance to new entrants in the workforce and incumbent work-
ers: Provided further, That service delivery areas may
transfer funding provided herein under authority of title
II, parts B and C of the Job Training Partnership Act be-
tween the programs authorized by those titles of the Act,
if the transfer is approved by the Governor: Provided fur-
ther, That service delivery areas and substate areas may
transfer up to 20 percent of the funding provided herein
under authority of title II, part A 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: Provided fur-
ther, That notwithstanding any other provision of law, the
Secretary of Labor may waive any of the statutory or regu-
latory requirements of titles I–III of the Job Training Part-
nership Act (except for requirements relating to wage and
labor standards, worker rights, participation and protec-
tion, grievance procedures and judicial review, non-
discrimination, allocation of funds to local areas, eligi-
bility, review and approval of plans, the establishment and
functions of service delivery areas and private industry
110
HR 2264 PP
councils, and the basic purposes of the Act), and any of
the statutory or regulatory requirements of sections 8–10
of the Wagner-Peyser Act (except for requirements relating
to the provision of services to unemployment insurance
claimants and veterans, and to universal access to basic
labor exchange services without cost to job seekers), only for
funds available for expenditure in program year 1998, pur-
suant to a request submitted by a State which identifies
the statutory or regulatory requirements that are requested
to be waived and the goals which the State or local service
delivery areas intend to achieve, describes the actions that
the State or local service delivery areas have undertaken
to remove State or local statutory or regulatory barriers,
describes the goals of the waiver and the expected pro-
grammatic outcomes if the request is granted, describes the
individuals impacted by the waiver, and describes the proc-
ess used to monitor the progress in implementing a waiver,
and for which notice and an opportunity to comment on
such request has been provided to the organizations identi-
fied in section 105(a)(1) of the Job Training Partnership
Act, if and only to the extent that the Secretary determines
that such requirements impede the ability of the State to
implement a plan to improve the workforce development
system and the State has executed a Memorandum of Un-
derstanding with the Secretary requiring such State to meet
111
HR 2264 PP
agreed upon outcomes and implement other appropriate
measures to ensure accountability: Provided further, That
the Secretary of Labor shall establish a workforce flexibility
(work-flex) partnership demonstration program under
which the Secretary shall authorize not more than six
States, of which at least three States shall each have popu-
lations not in excess of 3,500,000, with a preference given
to those States that have been designated Ed-Flex Partner-
ship States under section 311(e) of Public Law 103–227,
to waive any statutory or regulatory requirement applica-
ble to service delivery areas or substate areas within the
State under titles I–III of the Job Training Partnership
Act (except for requirements relating to wage and labor
standards, grievance procedures and judicial review, non-
discrimination, allotment of funds, and eligibility), and
any of the statutory or regulatory requirements of sections
8–10 of the Wagner-Peyser Act (except for requirements re-
lating to the provision of services to unemployment insur-
ance claimants and veterans, and to universal access to
basic labor exchange services without cost to job seekers),
for a duration not to exceed the waiver period authorized
under section 311(e) of Public Law 103–227, pursuant to
a plan submitted by such States and approved by the Sec-
retary for the provision of workforce employment and train-
ing activities in the States, which includes a description
112
HR 2264 PP
of the process by which service delivery areas and substate
areas may apply for and have waivers approved by the
State, the requirements of the Wagner-Peyser Act to be
waived, the outcomes to be achieved and other measures to
be taken to ensure appropriate accountability for Federal
funds.
For necessary expenses of Opportunity Areas of Out-
of-School Youth, in addition to amounts otherwise provided
herein, $250,000,000, to be available for obligation for the
period October 1, 1998 through September 30, 1999, if job
training reform legislation authorizing this or similar at-
risk youth projects is enacted by April 1, 1998.
COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS
(TRANSFER OF FUNDS)
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) of
title V of the Older Americans Act of 1965, as amended,
or to carry out older worker activities as subsequently au-
thorized, $353,340,000.
To carry out the activities for grants to States under
paragraph (3) of section 506(a) of title V of the Older Amer-
icans Act of 1965, as amended, or to carry out older worker
activities as subsequently authorized, $99,660,000.
The funds appropriated under this heading shall be
transferred to and merged with the Department of Health
113
HR 2264 PP
and Human Services, ‘‘Aging Services Programs’’, for the
same purposes and the same period as the account to which
transferred, following the enactment of legislation authoriz-
ing the administration of the program by that Department.
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, allowances for job search and relocation,
and related State administrative expenses under part II,
subchapters B and D, chapter 2, title II of the Trade Act
of 1974, as amended, $349,000,000, together with such
amounts as may be necessary to be charged to the subse-
quent appropriation for payments for any period subse-
quent to September 15 of the current year.
STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT
SERVICE OPERATIONS
For authorized administrative expenses, $173,452,000,
together with not to exceed $3,288,476,000 (including not
to exceed $1,228,000 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 obli-
gated in contracts with non-State entities for activities such
as occupational and test research activities which benefit
the Federal-State Employment Service System), which may
be expended from the Employment Security Administration
114
HR 2264 PP
account in the Unemployment Trust Fund including the
cost of administering section 1201 of the Small Business
Job Protection Act of 1996, section 7(d) of the Wagner-
Peyser Act, as amended, the Trade Act of 1974, as amended,
the Immigration Act of 1990, and the Immigration and Na-
tionality Act, as amended, 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 adminis-
trative expenses for carrying out 5 U.S.C. 8501–8523, shall
be available for obligation by the States through December
31, 1998, except that funds used for automation acquisi-
tions shall be available for obligation by States through
September 30, 2000; and of which $173,452,000, together
with not to exceed $738,283,000 of the amount which may
be expended from said trust fund, shall be available for obli-
gation for the period July 1, 1998 through June 30, 1999,
to fund activities under the Act of June 6, 1933, as amend-
ed, including the cost of penalty mail authorized under 39
U.S.C. 3202(a)(1)(E) made available to States in lieu of
allotments for such purpose, and of which $150,000,000
shall be available solely for the purpose of assisting States
to convert their automated State employment security agen-
cy systems to be year 2000 compliant, and of which
$212,333,000 shall be available only to the extent necessary
115
HR 2264 PP
for additional State allocations to administer unemploy-
ment 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 Unemployment (AWIU) for fis-
cal year 1998 is projected by the Department of Labor to
exceed 2,789,000 an additional $28,600,000 shall be avail-
able 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 Administra-
tion Account of the Unemployment Trust Fund: Provided
further, That funds appropriated in this Act which are used
to establish a national one-stop career center network may
be obligated in 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 Employ-
ment Service and Unemployment Insurance automation ef-
forts, notwithstanding 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 So-
cial Security Act, as amended, and to the Black Lung Dis-
116
HR 2264 PP
ability 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,
section 104(d) of Public Law 102–164, and section 5 of
Public Law 103–6, and to the ‘‘Federal unemployment ben-
efits and allowances’’ account, to remain available until
September 30, 1999, $392,000,000.
In addition, for making repayable advances to the
Black Lung Disability Trust Fund in the current fiscal
year after September 15, 1998, for costs incurred by the
Black Lung Disability Trust Fund in the current fiscal
year, such sums as may be necessary.
PROGRAM ADMINISTRATION
For expenses of administering employment and train-
ing programs, $88,308,000, together with not to exceed
$41,285,000, which may be expended from the Employment
Security Administration account in the Unemployment
Trust Fund.
PENSION AND WELFARE BENEFITS ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses for the Pension and Welfare
Benefits Administration, $82,000,000, of which $3,000,000
shall remain available through September 30, 1999 for ex-
penses of completing the revision of the processing of em-
ployee benefit plan returns.
117
HR 2264 PP
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, with-
in 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, 1998, for such Corporation: Pro-
vided, That not to exceed $10,433,000 shall be available for
administrative expenses of the Corporation: Provided fur-
ther, That expenses of such Corporation in connection with
the termination of pension plans, for the acquisition, pro-
tection or management, and investment of trust assets, and
for benefits administration services shall be considered as
non-administrative expenses for the purposes hereof, and ex-
cluded from the above limitation.
EMPLOYMENT STANDARDS ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses for the Employment Standards
Administration, including reimbursement to State, Federal,
and local agencies and their employees for inspection serv-
118
HR 2264 PP
ices rendered, $299,660,000, together with $993,000 which
may be expended from the Special Fund in accordance with
sections 39(c) and 44(j) of the Longshore and Harbor Work-
ers’ Compensation Act: Provided further, That the Secretary
of Labor is authorized to accept, retain, and spend, until
expended, in the name of the Department 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 further, That the Secretary of Labor is au-
thorized to establish 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 amend-
ed (29 U.S.C. 211(d) and 214) and for processing applica-
tions 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 the
current or any prior fiscal year authorized by title 5, chap-
ter 81 of the United States Code; continuation of benefits
as provided for under the head ‘‘Civilian War Benefits’’ in
119
HR 2264 PP
the Federal Security Agency Appropriation Act, 1947; the
Employees’ Compensation Commission Appropriation 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 addi-
tional compensation and benefits required by section 10(h)
of the Longshore and Harbor Workers’ Compensation Act,
as amended, $201,000,000 together with such amounts as
may be necessary to be charged to the subsequent year ap-
propriation for the payment of compensation and other ben-
efits for any period subsequent to August 15 of the current
year: Provided, That amounts appropriated may be used
under section 8104 of title 5, United States Code, by the
Secretary to reimburse an employer, who is not the em-
ployer at the time of injury, for portions of the salary of
a reemployed, disabled beneficiary: Provided further, That
balances of reimbursements unobligated on September 30,
1997, shall remain available until expended for the pay-
ment of compensation, benefits, and expenses: Provided fur-
ther, That in addition there shall be transferred to this ap-
propriation from the Postal Service and from any other cor-
poration or instrumentality required under section 8147(c)
of title 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 administra-
tion for employees of such fair share entities through Sep-
120
HR 2264 PP
tember 30, 1998: Provided further, That of those funds
transferred to this account from the fair share entities to
pay the cost of administration, $7,269,000 shall be made
available to the Secretary of Labor for expenditures relating
to capital improvements in support of Federal Employees’
Compensation Act administration, and the balance of such
funds shall be paid into the Treasury as miscellaneous re-
ceipts: Provided further, That the Secretary may require
that any person filing a notice of injury or a claim for
benefits under chapter 81 of title 5, United States Code,
or 33 U.S.C. 901 et seq., provide as part of such notice and
claim, such identifying information (including Social Secu-
rity 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, $1,007,000,000, of which $960,650,000 shall be avail-
able until September 30, 1999, for payment of all benefits
as authorized by section 9501(d) (1), (2), (4), and (7) of
the Internal Revenue Code of 1954, as amended, and inter-
est on advances as authorized by section 9501(c)(2) of that
Act, and of which $26,147,000 shall be available for transfer
to Employment Standards Administration, Salaries and
Expenses, $19,551,000 for transfer to Departmental Man-
agement, Salaries and Expenses, $296,000 for transfer to
121
HR 2264 PP
Departmental Management, Office of Inspector General,
and $356,000 for payment into miscellaneous receipts for
the expenses of the Department of Treasury, for expenses
of operation and administration of the Black Lung Benefits
program as authorized by section 9501(d)(5) of that Act:
Provided, That, in addition, such amounts as may be nec-
essary may be charged to the subsequent year appropriation
for the payment of compensation, interest, or other benefits
for any period subsequent to August 15 of the current year.
OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses for the Occupational Safety
and Health Administration, $336,205,000, including not to
exceed $77,941,000 which shall be the maximum amount
available for grants to States under section 23(g) of the Oc-
cupational 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 section 18 of the
Occupational Safety and Health Act of 1970; and, in addi-
tion, 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 collected, and may
utilize such sums for occupational safety and health train-
122
HR 2264 PP
ing and education grants: Provided, That, notwithstanding
31 U.S.C. 3302, the Secretary of Labor is authorized, dur-
ing the fiscal year ending September 30, 1998, to collect
and retain fees for services provided to Nationally Recog-
nized Testing Laboratories, and may utilize such sums, in
accordance with the provisions of 29 U.S.C. 9a, to admin-
ister national and international laboratory recognition pro-
grams that ensure the safety of equipment and products
used by workers in the workplace: Provided further, 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 ap-
plicable to any person who is engaged in a farming oper-
ation which does not maintain a temporary labor camp
and employs ten or fewer employees: Provided further, That
no funds appropriated under this paragraph shall be obli-
gated or expended to administer or enforce any standard,
rule, regulation, or order under the Occupational Safety
and Health Act of 1970 with respect to any employer of
ten or fewer employees who is included within a category
having an occupational injury lost workday case rate, at
the most precise Standard Industrial Classification Code
for which such data are published, less than the national
average rate as such rates are most recently published by
123
HR 2264 PP
the Secretary, acting through the Bureau of Labor Statis-
tics, 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 citation
for violations found during such inspection, and to
assess a penalty for violations which are not corrected
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, and
to take any action pursuant to such investigation au-
thorized 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: Pro-
124
HR 2264 PP
vided further, That the foregoing proviso shall not
apply to any person who is engaged in a farming op-
eration which does not maintain a temporary labor
camp and employs ten or fewer employees.
MINE SAFETY AND HEALTH ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses for the Mine Safety and Health
Administration, $205,804,000, including purchase and be-
stowal of certificates and trophies in connection with mine
rescue and first-aid work, and the hire of passenger motor
vehicles; the Secretary is authorized to accept lands, build-
ings, equipment, and other contributions from public and
private sources and to prosecute projects in cooperation
with other agencies, Federal, State, or private; the Mine
Safety and Health Administration is authorized to promote
health and safety education and training in the mining
community through cooperative programs with States, in-
dustry, and safety associations; and any funds available to
the Department may be used, with the approval of the Sec-
retary, to provide for the costs of mine rescue and survival
operations in the event of a major disaster: Provided, That
none of the funds appropriated under this paragraph shall
be obligated or expended to carry out section 115 of the Fed-
eral Mine Safety and Health Act of 1977 or to carry out
that portion of section 104(g)(1) of such Act relating to the
125
HR 2264 PP
enforcement of any training requirements, with respect to
shell dredging, or with respect to any sand, gravel, surface
stone, surface clay, colloidal phosphate, or surface limestone
mine.
BUREAU OF LABOR STATISTICS
SALARIES AND EXPENSES
For necessary expenses for the Bureau of Labor Statis-
tics, including advances or reimbursements to State, Fed-
eral, and local agencies and their employees for services ren-
dered, $320,097,000, of which $15,430,000 shall be for ex-
penses of revising the Consumer Price Index and shall re-
main available until September 30, 1999, together with not
to exceed $52,574,000, which may be expended from the
Employment Security Administration account in the Un-
employment Trust Fund.
DEPARTMENTAL MANAGEMENT
SALARIES AND EXPENSES
For necessary expenses for Departmental Management,
including the hire of three sedans, and including up to
$4,439,000 for the President’s Committee on Employment
of People With Disabilities, $152,131,000; together with not
to exceed $282,000, which may be expended from the Em-
ployment Security Administration account in the Unem-
ployment Trust Fund: Provided, That no funds made avail-
able by this Act may be used by the Solicitor of Labor to
126
HR 2264 PP
participate in a review in any United States court of ap-
peals of any decision made by the Benefits Review Board
under section 21 of the Longshore and Harbor Workers’
Compensation Act (33 U.S.C. 921) where such participa-
tion is precluded by the decision of the United States Su-
preme Court in Director, Office of Workers’ Compensation
Programs v. Newport News Shipbuilding, 115 S. Ct. 1278
(1995): Provided further, That no funds made available by
this Act may be used by the Secretary of Labor to review
a decision under the Longshore and Harbor Workers’ Com-
pensation Act (33 U.S.C. 901 et seq.) that has been appealed
and that has been pending before the Benefits Review Board
for more than 12 months: Provided further, That any such
decision pending a review by the Benefits Review Board
for more than one year shall be considered affirmed by the
Benefits Review Board on that date, and shall be considered
the final order of the Board for purposes of obtaining a
review in the United States courts of appeals: Provided fur-
ther, That these provisions shall not be applicable to the
review of any decision issued under the Black Lung Benefits
Act (30 U.S.C. 901 et seq.).
WORKING CAPITAL FUND
The paragraph under this heading in Public Law 85–
67 (29 U.S.C. 563) is amended by striking the last period
and inserting after ‘‘appropriation action’’ the following:
‘‘: Provided further, That the Secretary of Labor may trans-
127
HR 2264 PP
fer annually an amount not to exceed $3,000,000 from un-
obligated balances in the Department’s salaries and ex-
penses accounts, to the unobligated balance of the Working
Capital Fund, to be merged with such Fund and used for
the acquisition of capital equipment and the improvement
of financial management, information technology and other
support systems, and to remain available until expended:
Provided further, That the unobligated balance of the Fund
shall not exceed $20,000,000.’’.
ASSISTANT SECRETARY FOR VETERANS EMPLOYMENT AND
TRAINING
Not to exceed $181,955,000 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, 1998.
OFFICE OF INSPECTOR GENERAL
For salaries and expenses of the Office of Inspector
General in carrying out the provisions of the Inspector Gen-
eral Act of 1978, as amended, $43,105,000, together with
not to exceed $3,645,000, which may be expended from the
Employment Security Administration account in the Un-
employment Trust Fund.
128
HR 2264 PP
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.
(TRANSFER OF FUNDS)
SEC. 102. Not to exceed 1 percent of any discretionary
funds (pursuant to the Balanced Budget and Emergency
Deficit Control Act, as amended) which are appropriated
for the current fiscal year for the Department of Labor in
this Act may be transferred between appropriations, but no
such appropriation shall be increased by more than 3 per-
cent by any such transfer: Provided, That the Appropria-
tions Committees of both Houses of Congress are notified
at least fifteen days in advance of any transfer.
SEC. 103. Funds shall be available for carrying out
title IV–B of the Job Training Partnership Act, notwith-
standing section 427(c) of that Act, if a Job Corps center
fails to meet national performance standards established by
the Secretary.
SEC. 104. None of the funds made available in this
Act may be used by the Occupational Safety and Health
Administration to promulgate or issue any proposed or
final standard regarding ergonomic protection before Sep-
tember 30, 1998: Provided, That nothing in this section
shall be construed to limit the Occupational Safety and
129
HR 2264 PP
Health Administration from issuing voluntary guidelines
on ergonomic protection or from developing a proposed
standard regarding ergonomic protection: Provided further,
That no funds made available in this Act may be used by
the Occupational Safety and Health Administration to en-
force voluntary guidelines through section 5 (general duty
clause) of the Occupational Safety and Health Act.
SEC. 105. Section 13(b)(12) of the Fair Labor Stand-
ards Act of 1938 (29 U.S.C. 213(b)(12)) is amended by in-
serting after ‘‘water’’ the following: ‘‘, at least 90 percent
of which is ultimately delivered’’.
SEC. 106. (a) IN GENERAL.—Except as provided in
subsection (b), none of the funds made available under this
Act, or any other Act making appropriations for fiscal year
1998, may be used by the Department of Labor or the De-
partment of Justice to conduct a rerun of a 1996 election
for the office of President, General Secretary, Vice-Presi-
dent, or Trustee of the International Brotherhood of Team-
sters.
(b) EXCEPTION.—
(1) IN GENERAL.—Upon the submission to Con-
gress of a certification by the President of the United
States that the International Brotherhood of Team-
sters does not have funds sufficient to conduct a rerun
of a 1996 election for the office of President, General
130
HR 2264 PP
Secretary, Vice-President, or Trustee of the Inter-
national Brotherhood of Teamsters, the President of
the United States may transfer funds from the De-
partment of Justice and the Department of Labor for
the conduct and oversight of such a rerun election.
(2) REQUIREMENT.—Prior to the transfer of
funds under paragraph (1), the International Broth-
erhood of Teamsters shall agree to repay the Secretary
of the Treasury for the costs incurred by the Depart-
ment of Labor and the Department of Justice in con-
nection with the conduct of an election described in
paragraph (1). Such agreement shall provide that any
such repayment plan be reasonable and practicable,
as determined by the Attorney General and the Sec-
retary of the Treasury, and be structured in a man-
ner that permits the International Brotherhood of
Teamsters to continue to operate.
(3) 
REPAYMENT
PLAN.—The 
International
Brotherhood of Teamsters shall submit to the Presi-
dent of the United States, the Majority and Minority
Leaders of the Senate, the Majority and Minority
Leaders of the House of Representatives, and the
Speaker of the House of Representatives, a plan for
the repayment of amounts described in paragraph
(2), at an interest rate equal to the Federal underpay-
131
HR 2264 PP
ment rate established under section 6621(a)(2) of the
Internal Revenue Code of 1986 as in effect for the cal-
ender quarter in which the plan is submitted, prior
to the expenditure of any funds under this section.
(c) EFFECTIVE DATE.—This section shall take effect
one day after enactment of this Act.
This title may be cited as the ‘‘Department of Labor
Appropriations Act, 1998’’.
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, XII, 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, and the Health Care
Quality Improvement Act of 1986, as amended, and the Na-
tive Hawaiian Health Care Act of 1988, as amended,
$3,449,071,000, of which $225,000 shall remain available
until expended for interest subsidies on loan guarantees
made prior to fiscal year 1981 under part B of title VII
of the Public Health Service Act: Provided, That the Divi-
sion of Federal Occupational Health may utilize personal
services contracting to employ professional management/ad-
ministrative and occupational health professionals: Pro-
132
HR 2264 PP
vided 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 informa-
tion under the Act sufficient to recover the full costs of oper-
ating the National Practitioner Data Bank, and shall re-
main available until expended to carry out that Act: Pro-
vided further, That no more than $5,000,000 is available
for carrying out the provisions of Public Law 104–73: Pro-
vided further, That of the funds made available under this
heading, $208,452,000 shall be for the program under title
X of the Public Health Service Act to provide for voluntary
family planning projects: Provided further, That amounts
provided to said projects under such title shall not be ex-
pended for abortions, that all pregnancy counseling shall
be nondirective, and that such amounts shall not be ex-
pended for any activity (including the publication or dis-
tribution 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
$217,000,000 shall be for State AIDS Drug Assistance Pro-
grams authorized by section 2616 of the Public Health Serv-
ice Act: Provided further, That notwithstanding any other
provision 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
133
HR 2264 PP
102–408: Provided further, That, of the funds made avail-
able under this heading, not more than $6,000,000 shall be
made available and shall remain available until expended
for loan guarantees for loans funded under part A of title
XVI of the Public Health Service Act as amended, made
by non-Federal lenders for the construction, renovation, and
modernization of medical facilities that are owned and op-
erated by health centers, and for loans made to health cen-
ters under section 330(d) of the Public Health Service Act
as amended by Public Law 104–299, and that such funds
be available to subsidize guarantees of total loan principal
in an amount not to exceed $80,000,000: Provided further,
That notwithstanding section 502(a)(1) of the Social Secu-
rity Act, not to exceed $103,609,000 is available for carry-
ing out special projects of regional and national signifi-
cance pursuant to section 501(a)(2) of such Act.
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, $6,000,000, together
with any amounts received by the Secretary in connection
with loans and loan guarantees under title VI of the Public
Health Service Act, to be available without fiscal year limi-
tation for the payment of interest subsidies. During the fis-
cal year, no commitments for direct loans or loan guaran-
tees shall be made.
134
HR 2264 PP
HEALTH EDUCATION ASSISTANCE LOANS PROGRAM
(INCLUDING TRANSFER OF FUNDS)
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 further,
That these funds are available to subsidize gross obligations
for the total loan principal any part of which is to be guar-
anteed at not to exceed $85,000,000: Provided further, That
the Secretary may use up to $1,000,000 derived by transfer
from insurance premiums collected from guaranteed loans
made under title VII of the Public Health Service Act for
the purpose of carrying out section 709 of that Act. 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 to exceed
135
HR 2264 PP
$3,000,000 shall be available from the Trust Fund to the
Secretary of Health and Human Services.
CENTERS FOR DISEASE CONTROL AND PREVENTION
DISEASE CONTROL, RESEARCH, AND TRAINING
To carry out titles II, III, VII, XI, XV, XVII, and XIX
of the Public Health Service Act, sections 101, 102, 103,
201, 202, 203, 301, and 501 of the Federal Mine Safety
and Health Act of 1977, and sections 20, 21 and 22 of the
Occupational Safety and Health Act of 1970, title IV of
the Immigration and Nationality Act and section 501 of
the Refugee Education Assistance Act of 1980; including in-
surance of official motor vehicles in foreign countries; and
hire, 
maintenance, 
and 
operation 
of 
aircraft,
$2,317,113,000, of which $23,007,000 shall remain avail-
able until expended for equipment and construction and
renovation of facilities, and in addition, such sums as may
be derived from authorized user fees, which shall be credited
to this account: Provided, That in addition to amounts pro-
vided herein, up to $70,063,000 shall be available from
amounts available under section 241 of the Public Health
Service Act, to carry out the National Center for Health
Statistics surveys: Provided further, That none of the funds
made available for injury prevention and control at the
Centers for Disease Control and Prevention may be used
to advocate or promote gun control: Provided further, That
136
HR 2264 PP
the Director may redirect the total amount made available
under authority of Public Law 101–502, section 3, dated
November 3, 1990, to activities the Director may so des-
ignate: Provided further, That the Congress is to be notified
promptly of any such transfer.
In addition, $51,000,000, to be derived from the Vio-
lent Crime Reduction Trust Fund, for carrying out sections
40151 and 40261 of Public Law 103–322.
NATIONAL INSTITUTES OF HEALTH
NATIONAL CANCER INSTITUTE
For carrying out section 301 and title IV of the Public
Health Service Act with respect to cancer, $2,558,377,000.
NATIONAL HEART, LUNG, AND BLOOD INSTITUTE
For carrying out section 301 and title IV of the Public
Health Service Act with respect to cardiovascular, lung,
and blood diseases, and blood and blood products,
$1,539,898,000.
NATIONAL INSTITUTE OF DENTAL RESEARCH
For carrying out section 301 and title IV of the Public
Health Service Act with respect to dental disease,
$211,611,000.
NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND
KIDNEY DISEASES
For carrying out section 301 and title IV of the Public
Health Service Act with respect to diabetes and digestive
and kidney disease, $883,321,000.
137
HR 2264 PP
NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS AND
STROKE
For carrying out section 301 and title IV of the Public
Health Service Act with respect to neurological disorders
and stroke, $781,351,000.
NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS
DISEASES
For carrying out section 301 and title IV of the Public
Health Service Act with respect to allergy and infectious
diseases, $1,359,688,000.
NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES
For carrying out section 301 and title IV of the Public
Health Service Act with respect to general medical sciences,
$1,058,969,000.
NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN
DEVELOPMENT
For carrying out section 301 and title IV of the Public
Health Service Act with respect to child health and human
development, $676,870,000.
NATIONAL EYE INSTITUTE
For carrying out section 301 and title IV of the Public
Health Service Act with respect to eye diseases and visual
disorders, $357,695,000.
138
HR 2264 PP
NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH
SCIENCES
For carrying out sections 301 and 311 and title IV
of the Public Health Service Act with respect to environ-
mental health sciences, $331,969,000.
NATIONAL INSTITUTE ON AGING
For carrying out section 301 and title IV of the Public
Health Service Act with respect to aging, $520,705,000.
NATIONAL INSTITUTE OF ARTHRITIS AND
MUSCULOSKELETAL AND SKIN DISEASES
For carrying out section 301 and title IV of the Public
Health Service Act with respect to arthritis and musculo-
skeletal and skin diseases, $272,631,000.
NATIONAL INSTITUTE ON DEAFNESS AND OTHER
COMMUNICATION DISORDERS
For carrying out section 301 and title IV of the Public
Health Service Act with respect to deafness and other com-
munication disorders, $200,428,000.
NATIONAL INSTITUTE OF NURSING RESEARCH
For carrying out section 301 and title IV of the Public
Health Service Act with respect to nursing research,
$64,016,000.
139
HR 2264 PP
NATIONAL INSTITUTE ON ALCOHOL ABUSE AND
ALCOHOLISM
For carrying out section 301 and title IV of the Public
Health Service Act with respect to alcohol abuse and alco-
holism, $228,585,000.
NATIONAL INSTITUTE ON DRUG ABUSE
For carrying out section 301 and title IV of the Public
Health 
Service 
Act 
with 
respect 
to 
drug 
abuse,
$531,751,000.
NATIONAL INSTITUTE OF MENTAL HEALTH
For carrying out section 301 and title IV of the Public
Health Service Act with respect to mental health,
$753,334,000.
NATIONAL HUMAN GENOME RESEARCH INSTITUTE
For carrying out section 301 and title IV of the Public
Health Service Act with respect to human genome research,
$218,851,000.
NATIONAL CENTER FOR RESEARCH RESOURCES
For carrying out section 301 and title IV of the Public
Health Service Act with respect to research resources and
general research support grants, $455,805,000: Provided,
That none of these funds shall be used to pay recipients
of the general research support grants program any amount
for indirect expenses in connection with such grants: Pro-
vided further, That $20,000,000 shall be for extramural fa-
cilities construction grants.
140
HR 2264 PP
JOHN E. FOGARTY INTERNATIONAL CENTER
For carrying out the activities at the John E. Fogarty
International Center, $28,468,000.
NATIONAL LIBRARY OF MEDICINE
For carrying out section 301 and title IV of the Public
Health Service Act with respect to health information com-
munications, $162,825,000, of which $4,000,000 shall be
available until expended for improvement of information
systems: Provided, That in fiscal year 1998, the Library
may enter into personal services contracts for the provision
of services in facilities owned, operated, or constructed
under the jurisdiction of the National Institutes of Health.
OFFICE OF THE DIRECTOR
(INCLUDING TRANSFER OF FUNDS)
For carrying out the responsibilities of the Office of
the Director, National Institutes of Health, $292,196,000 of
which $40,266,000 shall be for the Office of AIDS Research:
Provided, That funding shall be available for the purchase
of not to exceed five passenger motor vehicles for replace-
ment only: Provided further, That the Director may direct
up to 1 percent of the total amount made available in this
Act to all National Institutes of Health appropriations to
activities the Director may so designate: Provided further,
That no such appropriation shall be decreased by more than
1 percent by any such transfers and that the Congress is
promptly notified of the transfer: Provided further, That
141
HR 2264 PP
NIH is authorized to collect third party payments for the
cost of clinical services that are incurred in National Insti-
tutes of Health research facilities and that such payments
shall be credited to the National Institutes of Health Man-
agement Fund: Provided further, That all funds credited
to the NIH Management Fund shall remain available for
one fiscal year after the fiscal year in which they are depos-
ited: Provided further, That up to $500,000 shall be avail-
able to carry out section 499 of the Public Health Service
Act: Provided further, That $13,000,000 shall be available
to carry out section 404E of the Public Health Service Act.
BUILDINGS AND FACILITIES
For the study of, construction of, and acquisition of
equipment for, facilities of or used by the National Insti-
tutes of Health, including the acquisition of real property,
$203,500,000, to remain available until expended, of which
$90,000,000 shall be for the clinical research center: Pro-
vided, That, notwithstanding any other provision of law,
a single contract or related contracts for the development
and construction of the clinical research center may be em-
ployed which collectively include the full scope of the project:
Provided further, That the solicitation and contract shall
contain the clause ‘‘availability of funds’’ found at 48 CFR
52.232–18.
142
HR 2264 PP
SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES
ADMINISTRATION
SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES
For carrying out titles V and XIX of the Public Health
Service Act with respect to substance abuse and mental
health services, the Protection and Advocacy for Mentally
Ill Individuals Act of 1986, and section 301 of the Public
Health Service Act with respect to program management,
$2,126,643,000 of which $10,000,000 shall be for grants to
rural and Native American projects: Provided, That in ad-
dition to amounts provided herein, up to $10,000,000 shall
be available from amounts available under section 241 of
the Public Health Service Act, for State-level data collection
activities by the National Household Survey on Drug
Abuse: Provided further, That notwithstanding any other
provision of law, each State’s allotment for fiscal year 1998
for each of the programs under subparts I and II of part
B of title XIX of the Public Health Service Act shall be
equal to such State’s allotment for such programs for fiscal
year 1997.
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
143
HR 2264 PP
care of dependents and retired personnel under the Depend-
ents’ Medical Care Act (10 U.S.C. ch. 55), and for payments
pursuant to section 229(b) of the Social Security 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, $77,587,000; in addition, amounts received from Free-
dom of Information Act fees, reimbursable and interagency
agreements, and the sale of data tapes shall be credited to
this appropriation and shall remain available until ex-
pended: Provided, That the amount made available pursu-
ant to section 926(b) of the Public Health Service Act shall
not exceed $65,000,000.
HEALTH CARE FINANCING ADMINISTRATION
GRANTS TO STATES FOR MEDICAID
For carrying out, except as otherwise provided, titles
XI and XIX of the Social Security Act, $71,602,429,000,
to remain available until expended.
For making, after May 31, 1998, payments to States
under title XIX of the Social Security Act for the last quar-
ter of fiscal year 1998 for unanticipated costs, incurred for
the current fiscal year, such sums as may be necessary.
144
HR 2264 PP
For making payments to States under title XIX of the
Social Security Act for the first quarter of fiscal year 1999,
$27,800,689,000, to remain available until expended.
Payment under title XIX may be made for any quarter
with respect to a State plan or plan amendment in effect
during such quarter, if submitted in or prior to such quar-
ter 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 Public
Law 97–248, and for administrative expenses incurred pur-
suant to section 201(g) of the Social Security Act,
$63,581,000,000.
PROGRAM MANAGEMENT
For carrying out, except as otherwise provided, titles
XI, XVIII, and XIX of the Social Security Act, titles XIII
and XXVII of the Public Health Service Act, the Clinical
Laboratory Improvement Amendments of 1988, and section
191 of Public Law 104–191, not to exceed $1,719,241,000
to be transferred from the Federal Hospital Insurance and
the Federal Supplementary Medical Insurance Trust
Funds, as authorized by section 201(g) of the Social Secu-
rity Act; together with all funds collected in accordance with
145
HR 2264 PP
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 authorized user fees and
the sale of data, which shall remain available until ex-
pended, and together with administrative fees collected rel-
ative to medicare overpayment recovery activities, which
shall remain available until expended: Provided, That all
funds derived in accordance with 31 U.S.C. 9701 from or-
ganizations established under title XIII of the Public Health
Service Act are to be credited to and available for carrying
out the purposes of this appropriation: Provided further,
That $900,000 shall be for carrying out section 4021 of Pub-
lic Law 105–33: Provided further, That in carrying out its
legislative mandate, the National Bipartisan Commission
on the Future of Medicare shall examine the role increased
investments in health research can play in reducing future
Medicare costs, and the potential for coordinating Medicare
with cost-effective long-term care services: Provided further,
That $54,100,000 appropriated under this heading for the
development of, transition to, and implementation of the
Medicare Transaction System shall remain available until
expended: Provided further, That $2,000,000 of the amount
available for research, demonstration, and evaluation ac-
tivities shall be available for carrying out demonstration
projects on Medicaid coverage of community-based attend-
146
HR 2264 PP
ant care services for people with disabilities which ensures
maximum control by the consumer to select and manage
their attendant care services: Provided further, That no less
than $50,000,000 appropriated under this heading in fiscal
year 1997 shall be obligated in fiscal year 1997 to increase
medicare provider audits and implement the Department’s
corrective action plan to the Chief Financial Officer’s audit
of the Health Care Financing Administration’s oversight
of medicare.
HEALTH MAINTENANCE ORGANIZATION LOAN AND LOAN
GUARANTEE FUND
For carrying out subsections (d) and (e) of section
1308 of the Public Health Service Act, any amounts re-
ceived by the Secretary in connection with loans and loan
guarantees under title XIII of the Public Health Service
Act, to be available without fiscal year limitation for the
payment of outstanding obligations. During fiscal year
1998, 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 each State for carrying out
the program of Aid to Families with Dependent Children
under title IV–A of the Social Security Act before the effec-
tive date of the program of Temporary Assistance to Needy
Families (TANF) with respect to such State, such sums as
147
HR 2264 PP
may be necessary: Provided, That the sum of the amounts
available to a State with respect to expenditures under such
title IV–A in fiscal year 1997 under this appropriation and
under such title IV–A as amended by the Personal Respon-
sibility and Work Opportunity Reconciliation Act of 1996
shall not exceed the limitations under section 116(b) of such
Act: Provided further, That, notwithstanding section 418(a)
of the Social Security Act, for fiscal year 1997 only, the
amount of payment under section 418(a)(1) to which each
State is entitled shall equal the amount specified as manda-
tory funds with respect to such State for such fiscal year
in the table transmitted by the Administration for Children
and Families to State Child Care and Development Block
Grant Lead Agencies on August 27, 1996, and the amount
of State expenditures in fiscal year 1994 or 1995 (whichever
is greater) that equals the non-Federal share for the pro-
grams described in section 418(a)(1)(A) shall be deemed to
equal the amount specified as maintenance of effort with
respect to such State for fiscal year 1997 in such table.
For making, after May 31 of the current fiscal year,
payments to States or other non-Federal entities under ti-
tles I, IV–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
last three months of the current year for unanticipated
148
HR 2264 PP
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–D, X, XI, XIV, and XVI of the
Social Security Act and the Act of July 5, 1960 (24 U.S.C.
ch. 9), for the first quarter of fiscal year 1999,
$660,000,000, to remain available until expended.
LOW INCOME HOME ENERGY ASSISTANCE
For making payments under title XXVI of the Omni-
bus Budget Reconciliation Act of 1981, $1,200,000,000, to
be available for obligation in the period October 1, 1998
through September 30, 1999.
For making payments under title XXVI of such Act,
$300,000,000: Provided, That these funds are hereby des-
ignated by Congress to be emergency requirements pursuant
to section 251(b)(2)(D) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985: Provided further, That
these funds shall be made available only after submission
to Congress of a formal budget request by the President that
includes designation of the entire amount of the request as
an emergency requirement as defined in the Balanced
Budget and Emergency Deficit Control Act.
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-
149
HR 2264 PP
cation Assistance Act of 1980 (Public Law 96–422),
$392,332,000: Provided, That funds appropriated pursuant
to section 414(a) of the Immigration and Nationality Act
under Public Law 104–134 for fiscal year 1996 shall be
available for the costs of assistance provided and other ac-
tivities conducted in such year and in fiscal years 1997
and 1998.
CHILD CARE AND DEVELOPMENT BLOCK GRANT
For carrying out sections 658A through 658R of the
Omnibus Budget Reconciliation Act of 1981 (The Child
Care and Development Block Grant Act of 1990), in addi-
tion to amounts already appropriated for fiscal year 1998,
$26,120,000; and to become available on October 1, 1998
and remain available through September 30, 1999,
$1,000,000,000: Provided, That of funds appropriated for
each of fiscal years 1998 and 1999, $19,120,000 shall be
available for child care resource and referral and school-
aged child care activities, of which for fiscal year 1998
$6,120,000 shall be derived from an amount that shall be
transferred from the amount appropriated under section
452(j) of the Social Security Act (42 U.S.C. 652(j)) for fis-
cal year 1997 and remaining available for expenditure.
SOCIAL SERVICES BLOCK GRANT
For making grants to States pursuant to section 2002
of the Social Security Act, $2,245,000,000: Provided, That
notwithstanding section 2003(c) of such Act, as amended,
150
HR 2264 PP
the amount specified for allocation under such section for
fiscal year 1998 shall be $2,245,000,000.
CHILDREN AND FAMILIES SERVICES PROGRAMS
(INCLUDING RESCISSIONS)
For carrying out, except as otherwise provided, the
Runaway and Homeless Youth Act, the Developmental Dis-
abilities Assistance and Bill of Rights Act, the Head Start
Act, the Child Abuse Prevention and Treatment Act, (in-
cluding section 105(a)(2) of the Child Abuse Prevention and
Treatment Act), the Native American Programs Act of
1974, title II of Public Law 95–266 (adoption opportuni-
ties), the Abandoned Infants Assistance Act of 1988, part
B(1) of title IV and sections 413, 429A and 1110 of the
Social Security Act; for making payments under the Com-
munity Services Block Grant Act; and for necessary admin-
istrative expenses to carry out said Acts and titles I, IV,
X, XI, XIV, XVI, and XX of the Social Security Act, the
Act of July 5, 1960 (24 U.S.C. ch. 9), the Omnibus Budget
Reconciliation Act of 1981, title IV of the Immigration and
Nationality Act, section 501 of the Refugee Education As-
sistance Act of 1980, and section 126 and titles IV and V
of Public Law 100–485, $5,611,094,000, of which
$539,432,000 shall be for making payments under the Com-
munity Services Block Grant Act: Provided, That to the ex-
tent Community Services Block Grant funds are distributed
as grant funds by a State to an eligible entity as provided
151
HR 2264 PP
under the Act, and have not been expended by such entity,
they shall remain with such entity for carryover into the
next fiscal year for expenditure by such entity consistent
with program purposes: Provided further, That notwith-
standing any other provision of law, 10 percent of any ad-
ditional funds for Head Start over the fiscal year 1997 ap-
propriation shall be made available for Early Head Start
programs.
In addition, $93,000,000, to be derived from the Vio-
lent Crime Reduction Trust Fund, for carrying out sections
40155, 40211 and 40241 of Public Law 103–322.
Funds appropriated for fiscal year 1998 under section
429A(e), part B of title IV of the Social Security Act shall
be reduced by $6,000,000.
Funds appropriated for fiscal year 1998 under section
413(h)(1) of the Social Security Act shall be reduced by
$15,000,000.
FAMILY PRESERVATION AND SUPPORT
For carrying out section 430 of the Social Security
Act, $255,000,000.
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,
$3,200,000,000.
152
HR 2264 PP
For making payments to States or other non-Federal
entities, under title IV–E of the Social Security Act, for
the first quarter of fiscal year 1999, $1,157,500,000.
ADMINISTRATION ON AGING
AGING SERVICES PROGRAMS
For carrying out, to the extent not otherwise provided,
the 
Older 
Americans 
Act 
of 
1965, 
as 
amended,
$894,074,000: Provided, That notwithstanding section
308(b)(1) of such Act, the amounts available to each State
for administration of the State plan under title III of such
Act shall be reduced not more than 5 percent below the
amount that was available to such State for such purpose
for fiscal year 1995: Provided further, That of the funds
appropriated to carry out section 303(a)(1) of such Act,
$4,449,000 shall be available for carrying out section 702(a)
of such Act and $4,732,000 shall be available for carrying
out section 702(c) of such Act: Provided further, That in
considering grant applications for nutrition services for
elder Indian recipients, the Assistant Secretary shall pro-
vide maximum flexibility to applicants who seek to take
into account subsistence, local customs, and other character-
istics that are appropriate to the unique cultural, regional,
and geographic needs of the American Indian, Alaskan and
Hawaiian native communities to be served.
153
HR 2264 PP
OFFICE OF THE SECRETARY
GENERAL DEPARTMENTAL MANAGEMENT
For necessary expenses, not otherwise provided, for
general departmental management, including hire of six se-
dans, and for carrying out titles III, XVII, and XX of the
Public Health Service Act, the United States-Mexico Border
Health Commission Act, and research studies under section
1110 of the Socal Security Act, $174,588,000, together with
$5,851,000, to be transferred and expended as authorized
by section 201(g)(1) of the Social Security Act from the
Hospital Insurance Trust Fund and the Supplemental
Medical Insurance Trust Fund.
OFFICE OF INSPECTOR GENERAL
For expenses necessary for the Office of Inspector Gen-
eral in carrying out the provisions of the Inspector General
Act of 1978, as amended, $31,921,000.
OFFICE FOR CIVIL RIGHTS
For expenses necessary for the Office for Civil Rights,
$16,345,000, together with not to exceed $3,314,000, to be
transferred and expended as authorized by section 201(g)(1)
of the Social Security Act from the Hospital Insurance
Trust Fund and the Supplemental Medical Insurance Trust
Fund.
154
HR 2264 PP
POLICY RESEARCH
For carrying out, to the extent not otherwise provided,
research studies under section 1110 of the Social Security
Act, $9,500,000.
GENERAL PROVISIONS
SEC. 201. Funds appropriated in this title shall be
available for not to exceed $37,000 for official reception and
representation expenses when specifically approved by the
Secretary.
SEC. 202. The Secretary shall make available through
assignment not more than 60 employees of the Public
Health Service to assist in child survival activities and to
work in AIDS programs through and with funds provided
by the Agency for International Development, the United
Nations International Children’s Emergency Fund or the
World Health Organization.
SEC. 203. None of the funds appropriated under this
Act may be used to implement section 399L(b) of the Public
Health Service Act or section 1503 of the National Insti-
tutes of Health Revitalization Act of 1993, Public Law 103–
43.
SEC. 204. None of the funds appropriated in this Act
for the National Institutes of Health and the Substance
Abuse and Mental Health Services Administration shall be
used to pay the salary of an individual, through a grant
155
HR 2264 PP
or other extramural mechanism, at a rate in excess of
$125,000 per year.
SEC. 205. None of the funds appropriated in this Act
may be expended pursuant to section 241 of the Public
Health Service Act, except for funds specifically provided
for in this Act, or for other taps and assessments made by
any office located in the Department of Health and Human
Services, prior to the Secretary’s preparation and submis-
sion of a report to the Committee on Appropriations of the
Senate and of the House detailing the planned uses of such
funds.
SEC. 206. None of the funds appropriated in this Act
may be obligated or expended for the Federal Council on
Aging under the Older Americans Act or the Advisory
Board on Child Abuse and Neglect under the Child Abuse
Prevention and Treatment Act.
(TRANSFER OF FUNDS)
SEC. 207. Not to exceed 1 percent of any discretionary
funds (pursuant to the Balanced Budget and Emergency
Deficit Control Act, as amended) which are appropriated
for the current fiscal year for the Department of Health and
Human Services in this Act may be transferred between ap-
propriations, but no such appropriation shall be increased
by more than 3 percent by any such transfer: Provided,
That the Appropriations Committees of both Houses of Con-
156
HR 2264 PP
gress are notified at least fifteen days in advance of any
transfer.
(TRANSFER OF FUNDS)
SEC. 208. The Director of the National Institutes of
Health, jointly with the Director of the Office of AIDS Re-
search, may transfer up to 3 percent among institutes, cen-
ters, and divisions from the total amounts identified by
these two Directors as funding for research pertaining to
the human immunodeficiency virus: Provided, That the
Congress is promptly notified of the transfer.
(TRANSFER OF FUNDS)
SEC. 209. Of the amounts made available in this Act
for the National Institutes of Health, the amount for re-
search related to the human immunodeficiency virus, as
jointly determined by the Director of NIH and the Director
of the Office of AIDS Research, shall be made available to
the ‘‘Office of AIDS Research’’ account. The Director of the
Office of AIDS Research shall transfer from such account
amounts necessary to carry out section 2353(d)(3) of the
Public Health Service Act.
SEC. 210. Funds appropriated in this Act for the Na-
tional Institutes of Health may be used to provide transit
subsidies in amounts consistent with the transportation
subsidy programs authorized under section 629 of Public
Law 101–509 to non-FTE bearing positions including
trainees, visiting fellows and volunteers.
157
HR 2264 PP
COMPREHENSIVE INDEPENDENT STUDY OF NIH RESEARCH
PRIORITY SETTING
SEC. 211. (a) STUDY BY THE INSTITUTE OF MEDI-
CINE.—Not later than 30 days after the date of enactment
of this Act, the Secretary of Health and Human Services
shall enter into a contract with the Institute of Medicine
to conduct a comprehensive study of the policies and process
used by the National Institutes of Health to determine fund-
ing allocations for biomedical research.
(b) MATTERS TO BE ASSESSED.—The study under
subsection (a) shall assess—
(1) the factors or criteria used by the National
Institutes of Health to determine funding allocations
for disease research;
(2) the process by which research funding deci-
sions are made;
(3) the mechanisms for public input into the pri-
ority setting process; and
(4) the impact of statutory directives on research
funding decisions.
(c) REPORT.—
(1) IN GENERAL.—Not later than 6 months after
the date on which the Secretary of Health and
Human Services enters into the contract under sub-
section (a), the Institute of Medicine shall submit a