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ered by the Secretary shall be returned to the Treasury
of the United States for purposes of reducing the Federal
deficit.
No funds available to the Secretary may be used for
(1) the hiring of advertising agencies or other third parties
to provide advertising services for student loan programs,
or (2) payment of administrative fees relating to the Wil-
liam D. Ford Direct Loan Program to institutions of high-
er education.
SEC. 305. None of the funds appropriated in this Act
may be obligated or expended to carry out sections 727,
932, and 1002 section 727 of the Higher Education Act
of 1965, and section 621(b) of Public Law 101–589.
(TRANSFER OF FUNDS)
SEC. 306. 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.
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SEC. 307. (a) Section 8003(f)(3)(A)(i) of the Ele-
mentary and Secondary Education Act of 1965 (20 U.S.C.
7703(f)(3)(A)(i)) is amended—
(1) in the matter preceding subclause (I), by
striking
‘‘The
Secretary’’
and
all
that
follows
through ‘‘greater of—’’ and inserting the following:
‘‘The Secretary, in conjunction with the local edu-
cational agency, shall first determine each of the fol-
lowing:’’;
(2) in each of subclauses (I) through (III), by
striking ‘‘the average’’ each place it appears the first
time in each such subclause and inserting ‘‘The av-
erage’’;
(3) in subclause (I), by striking the semicolon
and inserting a period;
(4) in subclause (II), by striking ‘‘: or’’ and in-
serting a period; and
(5) by adding at the end the following:
‘‘The local educational agency shall select one
of the amounts determined under subclause (I),
(II), or (III) for purposes of the remaining
computations under this subparagraph.’’.
(b) The amendments made by subsection (a) shall
apply with respect to fiscal years beginning with fiscal
year 1995.
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SEC. 307. Section 487A of the Higher Education Act
(20 U.S.C. 1094a et seq.) is amended by striking all after
the word ‘‘sites’’ in paragraph (d)(1) and inserting in lieu
thereof ‘‘to test alternative data verification.’’. Paragraph
(d)(2) of section 487A is also amended by striking all after
the word ‘‘site’’ and inserting in lieu thereof the following:
‘‘from regulations prescribed under this title related to ap-
plication data verification that would bias experimental re-
sults.’’.
TITLE III-A—WOMEN’S EDUCATIONAL EQUITY
INCREASE
The amount provided in title III for ‘‘School Improve-
ment Programs’’ (including for activities authorized by
title V–B of the Elementary and Secondary Education Act
of 1965) is increased, and the amount provided in title
III for ‘‘Education Research, Statistics, and Improve-
ment’’ is reduced; by $2,000,000, and $2,000,000, respec-
tively.
These titles may be cited as the ‘‘Department of Edu-
cation Appropriations Act, 1997’’.
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
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Home, to be paid from funds available in the Armed
Forces Retirement Home Trust Fund, $53,184,000
$56,204,000, of which $432,000 shall remain available
until expended for construction and renovation of the
physical plants at the United States Soldiers’ and Air-
men’s Home and the United States Naval Home: Pro-
vided, That this appropriation shall not be available for
the payment of hospitalization of members of the Soldiers’
and Airmen’s Home in United States Army hospitals at
rates in excess of those prescribed by the Secretary of the
Army upon recommendation of the Board of Commis-
sioners and the Surgeon General of the Army.
CORPORATION FOR NATIONAL AND COMMUNITY SERVICE
DOMESTIC VOLUNTEER SERVICE PROGRAMS, OPERATING
EXPENSES
For expenses necessary for the Corporation for Na-
tional and Community Service to carry out the provisions
of the Domestic Volunteer Service Act of 1973, as amend-
ed, $202,046,000 (increased by $1,923,000) $203,969,000.
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 1999,
$250,000,000: Provided, That no funds made available to
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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, 182–183), including hire of passenger
motor vehicles; and for expenses necessary for the Labor-
Management Cooperation Act of 1978 (29 U.S.C. 175a);
and for expenses necessary for the Service to carry out
the functions vested in it by the Civil Service Reform Act,
Public Law 95–454 (5 U.S.C. chapter 71), $32,579,000
including $1,500,000, to remain available through Sep-
tember 30, 1998, 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
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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
Act of July 20, 1970 (Public Law 91–345, as amended
by Public Law 102–95), $812,000 $897,000.
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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, $1,757,000 $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, $974,000 $1,500,000.
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, 
$144,692,000
$170,266,000: Provided, That no part of this appropriation
shall be available to organize or assist in organizing agri-
cultural laborers or used in connection with investigations,
hearings, directives, 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 amended, and as defined in section 3(f) of the Act of
June 25, 1938 (29 U.S.C. 203), and including in said defi-
nition employees engaged in the maintenance and oper-
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ation of ditches, canals, reservoirs, and waterways when
maintained or operated on a mutual, nonprofit basis and
at least 95 per centum of the water stored or supplied
thereby 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, $7,656,000 $8,300,000: Provided, That unobligated
balances at the end of fiscal year 1997 not needed for emer-
gency boards or any other purposes in fiscal year 1997 shall
remain available until expended.
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),
$7,753,000.
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PHYSICIAN PAYMENT REVIEW COMMISSION
SALARIES AND EXPENSES
For expenses necessary to carry out section 1845(a)
of the Social Security Act, $2,920,000 $3,263,000, to be
transferred to this appropriation from the Federal Supple-
mentary 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, $3,263,000, to be transferred
to this appropriation from the Federal Hospital Insurance
and the Federal Supplementary Medical Insurance Trust
Funds.
SOCIAL SECURITY ADMINISTRATION
PAYMENTS TO SOCIAL SECURITY TRUST FUNDS
For payment to the Federal Old-Age and Survivors
Insurance and the Federal Disability Insurance trust
funds, as provided under sections 201(m), 228(g), and
1131(b)(2) of the Social Security Act, $20,923,000.
In addition, to reimburse these trust funds for admin-
istrative expenses to carry out sections 9704 and 9706 of
the Internal Revenue Code of 1986, $10,000,000, to re-
main available until expended.
HR 3755 RS
SPECIAL BENEFITS FOR DISABLED COAL MINERS
For carrying out title IV of the Federal Mine Safety
and Health Act of 1977, $460,070,000, to remain avail-
able until expended.
For making, after July 31 of the current fiscal year,
benefit payments to individuals under title IV of the Fed-
eral Mine Safety and Health Act of 1977, for costs in-
curred in the current fiscal year, such amounts as may
be necessary.
For making benefit payments under title IV of the
Federal Mine Safety and Health Act of 1977 for the first
quarter of fiscal year 1998, $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,
$19,422,115,000 $19,357,010,000, to remain available
until expended: Provided, That any portion of the funds
provided to a State in the current fiscal year and not obli-
gated by the State during that year shall be returned to
the Treasury.
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In addition, $25,000,000, to remain available until
September 30, 1998, for continuing disability reviews as
authorized by section 103 of Public Law 104–121. The
term ‘‘continuing disability reviews’’ has the meaning
given such term by section 201(g)(1)(A) of the Social Se-
curity Act.
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, 1998, 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-
tive work required by welfare reform, as authorized by Pub-
lic Law 104–193. The term ‘‘continuing disability reviews’’
means reviews and redetermination as defined under sec-
tion 201(g)(1)(A) of the Social Security Act as amended,
and reviews and redeterminations 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.
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For carrying out title XVI of the Social Security Act
for the first quarter of fiscal year 1998, $9,690,000,000,
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
$5,899,797,000 $5,820,907,000 may be expended, as au-
thorized by section 201(g)(1) of the Social Security Act
or as necessary to carry out sections 9704 and 9706 of
the Internal Revenue Code of 1986 from any one or all
of the trust funds referred to therein: Provided, That reim-
bursement to the trust funds under this heading for ad-
ministrative expenses to carry out sections 9704 and 9706
of the Internal Revenue Code of 1986 shall be made, with
interest, not later than September 30, 1998: Provided fur-
ther, That not less than $1,500,000 $1,268,000 shall be
for the Social Security Advisory Board: Provided further,
That unobligated balances at the end of fiscal year 1997
not needed for fiscal year 1997 shall remain available until
expended for a state-of-the-art computing network, includ-
ing related equipment and administrative expenses associ-
ated solely with this network.
From funds provided under the previous paragraph,
not less than $200,000,000 shall be available for conduct-
ing continuing disability reviews.
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In addition to funding already available under this
heading, and subject to the same terms and conditions,
$160,000,000, to remain available until September 30,
1998, for continuing disability reviews as authorized by
section 103 of Public Law 104–121. The term ‘‘continuing
disability reviews’’ has the meaning given such term by
section 201(g)(1)(A) of the Social Security Act.
In addition to funding already available under this
heading, and subject to the same terms and conditions,
$310,000,000, to remain available until September 30,
1998, for continuing disability reviews as authorized by sec-
tion 103 of Public Law 104–121 and Supplemental Secu-
rity Income administrative work required by welfare re-
form, as authorized by Public Law 104–193. The term ‘‘con-
tinuing disability reviews’’ means reviews and redeter-
mination as defined under section 201(g)(1)(A) of the So-
cial Security Act as amended, and reviews and redeter-
minations authorized under section 211 of Public Law 104–
193.
In addition to funding already available under this
heading, and subject to the same terms and conditions,
$250,073,000 $226,291,000, which shall remain available
until expended, to invest in a state-of-the-art computing
network, including related equipment and administrative
expenses associated solely with this network, for the Social
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Security Administration and the State Disability Deter-
mination Services, may be expended from any or all of
the trust funds as authorized by section 201(g)(1) of the
Social Security Act.
OFFICE OF INSPECTOR GENERAL
For expenses necessary for the Office of Inspector
General in carrying out the provisions of the Inspector
General Act of 1978, as amended, $6,335,000, together
with not to exceed $21,089,000, to be transferred and ex-
pended as authorized by section 201(g)(1) of the Social
Security Act from the Federal Old-Age and Survivors In-
surance Trust Fund and the Federal Disability Insurance
Trust Fund.
RAILROAD RETIREMENT BOARD
DUAL BENEFITS PAYMENTS ACCOUNT
For payment to the Dual Benefits Payments Ac-
count, authorized under section 15(d) of the Railroad Re-
tirement Act of 1974, $223,000,000, which shall include
amounts becoming available in fiscal year 1997 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 $223,000,000: Provided, That the
total amount provided herein shall be credited in 12 ap-
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proximately equal amounts on the first day of each month
in the fiscal year.
FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT
ACCOUNTS
For payment to the accounts established in the
Treasury for the payment of benefits under the Railroad
Retirement Act for interest earned on unnegotiated
checks, $300,000, to remain available through September
30, 1998, 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,
$87,898,000, to be derived in such amounts as determined
by the Board from the railroad retirement accounts and
from moneys credited to the railroad unemployment insur-
ance 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 $5,268,000 $5,540,000, to be de-
rived from the railroad retirement accounts and railroad
unemployment insurance account:–Provided, That none of
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the funds made available in this Act may be transferred
to the Office from the Department of Health and Human
Services, or used to carry out any such transfer: Provided
further, That none of the funds made available in this
paragraph may be used for any audit, investigation, or re-
view of the Medicare program.
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.
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
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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, except in presen-
tation to the Congress itself or any State legislature, except
in presentation to the Congress or any State legislative body
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
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
100
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funds available for ‘‘Salaries and expenses, National Medi-
ation Board’’.
SEC. 505. Notwithstanding any other provision of
this Act, no funds appropriated under this Act shall be
used to carry out any program of distributing sterile nee-
dles for the hypodermic injection of any illegal drug unless
the Secretary of Health and Human Services determines
that such programs are effective in preventing the spread
of HIV and do not encourage the use of illegal drugs.
SEC. 506. (a) PURCHASE
OF
AMERICAN-MADE
EQUIPMENT AND PRODUCTS.—It is the sense of the Con-
gress that, to the greatest extent practicable, all equip-
ment and products purchased with funds made available
in this Act should be American-made.
(b) NOTICE REQUIREMENT.—In providing financial
assistance to, or entering into any contract with, any en-
tity using funds made available in this Act, the head of
each Federal agency, to the greatest extent practicable,
shall provide to such entity a notice describing the state-
ment made in subsection (a) by the Congress.
(c) PROHIBITION
OF CONTRACTS WITH PERSONS
FALSELY LABELING PRODUCTS AS MADE IN AMERICA.—
If it has been finally determined by a court or Federal
agency that any person intentionally affixed a label bear-
ing a ‘‘Made in America’’ inscription, or any inscription
101
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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. None of the funds appropriated under this
Act shall be expended for any abortion except when it is
made known to the Federal entity or official to which
funds are appropriated under this Act that such procedure
is necessary to save the life of the mother or that the preg-
nancy is the result of an act of rape or incest.
102
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SEC. 509. Notwithstanding any other provision of
law—
(1) no amount may be transferred from an ap-
propriation account for the Departments of Labor,
Health and Human Services, and Education except
as authorized in this or any subsequent appropria-
tion act, or in the Act establishing the program or
activity for which funds are contained in this Act;
(2) no department, agency, or other entity,
other than the one responsible for administering the
program or activity for which an appropriation is
made in this Act, may exercise authority for the tim-
ing of the obligation and expenditure of such appro-
priation, or for the purposes for which it is obligated
and expended, except to the extent and in the man-
ner otherwise provided in sections 1512 and 1513 of
title 31, United States Code; and
(3) no funds provided under this Act shall be
available for the salary (or any part thereof) of an
employee who is reassigned on a temporary detail
basis to another position in the employing agency or
department or in any other agency or department,
unless the detail is independently approved by the
head of the employing department or agency.
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SEC. 510. None of the funds made available in this
Act may be used for the expenses of an electronic benefit
transfer (EBT) task force.
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,
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parthenogenesis, cloning, or any other means from one or
more human gametes.
SEC. 513. None of the funds made available in this
Act may be used by the National Labor Relations Board
to assert jurisdiction over any labor dispute when it is
made known to the Federal official having authority to
obligate or expend such funds that—
(1) the labor dispute does not involve any class
or category of employer over which the Board would
assert jurisdiction under the standards prevailing on
August
1,
1959,
with
each
financial
threshold
amount adjusted for inflation by—
(A) using changes in the Consumer Price
Index for all urban consumers published by the
Department of Labor;
(B) using as the base period the later of
(i) the most recent calendar quarter ending be-
fore the financial threshold amount was estab-
lished; or (ii) the calendar quarter ending June
30, 1959; and
(C) rounding the adjusted financial thresh-
old amount to the nearest $10,000; and
(2) the effect of the labor dispute on interstate
commerce is not otherwise sufficiently substantial to
warrant the exercise of the Board’s jurisdiction.
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SEC. 514. None of the funds made available in this
Act may be used to provide any direct benefit or assistance
to any individual in the United States when it is made
known to the Federal official having authority to obligate
or expend such funds that—
(1) the individual is not lawfully within the
United States; and
(2) the benefit or assistance to be provided is
other than emergency medical assistance; a benefit
mandated by the federal courts to be provided by the
State; or public health assistance for immunizations
with respect to immunizable diseases, testing and
treatment for communicable diseases, and treatment
for symptoms of communicable diseases whether or
not such symptoms are actually caused by a commu-
nicable disease.
SEC. 515. The Mine Safety and Health Administra-
tion shall not close or relocate any safety and health tech-
nology center until after submitting to the Committee on
Appropriations of the House of Representatives a detailed
analysis of the cost savings anticipated from such action
and the effects of such action on the provision of services,
including timely on-site assistance during mine emer-
gencies.
106
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SEC. 516. (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. 517. (a) DENIAL OF FUNDS FOR PREVENTING
ROTC ACCESS TO CAMPUS.—None of the funds made
available in this Act may be provided by contract or by
grant (including a grant of funds to be available for stu-
dent aid) to an institution of higher education when it is
made known to the Federal official having authority to
obligate or expend such funds that the institution (or any
subelement thereof) has a policy or practice (regardless
107
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of when implemented) that prohibits, or in effect pre-
vents—
(1) the maintaining, establishing, or operation
of a unit of the Senior Reserve Officer Training
Corps (in accordance with section 654 of title 10,
United States Code, and other applicable Federal
laws) at the institution (or subelement); or
(2) a student at the institution (or subelement)
from enrolling in a unit of the Senior Reserve Offi-
cer Training Corps at another institution of higher
education.
(b) EXCEPTION.—The limitation established in sub-
section (a) shall not apply to an institution of higher edu-
cation when it is made known to the Federal official hav-
ing authority to obligate or expend such funds that—
(1) the institution (or subelement) has ceased
the policy or practice described in such subsection;
or
(2) the institution has a longstanding policy of
pacifism based on historical religious affiliation.
SEC. 518. (a) DENIAL OF FUNDS FOR PREVENTING
FEDERAL MILITARY RECRUITING ON CAMPUS.—None of
the funds made available in this Act may be provided by
contract or grant (including a grant of funds to be avail-
able for student aid) to any institution of higher education
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when it is made known to the Federal official having au-
thority to obligate or expend such funds that the institu-
tion (or any subelement thereof) has a policy or practice
(regardless of when implemented) that prohibits, or in ef-
fect prevents—
(1) entry to campuses, or access to students
(who are 17 years of age or older) on campuses, for
purposes of Federal military recruiting; or
(2) access to the following information pertain-
ing to students (who are 17 years of age or older)
for purposes of Federal military recruiting: student
names,
addresses,
telephone
listings,
dates
and
places of birth, levels of education, degrees received,
prior military experience, and the most recent pre-
vious educational institutions enrolled in by the stu-
dents.
(b) EXCEPTION.—The limitation established in sub-
section (a) shall not apply to an institution of higher edu-
cation when it is made known to the Federal official hav-
ing authority to obligate or expend such funds that—
(1) the institution (or subelement) has ceased
the policy or practice described in such subsection;
or
(2) the institution has a longstanding policy of
pacifism based on historical religious affiliation.
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SEC. 519. 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
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. 519. 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 in
section 4212(d) of title 38, United States Code, re-
garding submission of an annual report to the Sec-
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retary of Labor concerning employment of certain vet-
erans; and
(2) such entity has not submitted a report as re-
quired by that section for the most recent year for
which such requirement was applicable to such entity.
SEC. 520. None of the funds made available in this
Act to the Department of Labor may be used to enforce
section 1926.28(a) of title 29, Code of Federal Regula-
tions, with respect to any operation, when it is made
known to the Federal official having authority to obligate
or expend such funds that such enforcement pertains to
a requirement that workers wear long pants and such re-
quirement would cause workers to experience extreme dis-
comfort due to excessively high air temperatures.
SEC. 521. None of the funds made available in this
Act may be used to order, direct, enforce, or compel any
employer to pay backpay to any employee for any period
when it is made known to the Federal official to whom
the funds are made available that during such period the
employee was not lawfully entitled to be present and em-
ployed in the United States.
SEC. 522. (a) LIMITATION
ON TRANSFERS
FROM
MEDICARE TRUST FUNDS.—None of the funds made
available in this Act under the heading ‘‘Title II—Depart-
ment of Health and Human Services—Health Care Fi-
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nancing
Administration—Program
Management’’
for
transfer from the Federal Hospital Insurance Trust Fund
or the Federal Supplementary Medical Insurance Trust
Fund may be used for expenditures for official time for
employees of the Department of Health and Human Serv-
ices pursuant to section 7131 of title 5, United States
Code, or for facilities or support services for labor organi-
zations pursuant to policies, regulations, or procedures re-
ferred to in section 7135(b) of such title.
(b)
LIMITATION
ON
TRANSFERS
FROM
OASDI
TRUST FUNDS.—None of the funds made available in this
Act under the heading ‘‘Title IV—Related Agencies—So-
cial Security Administration—Limitation on Administra-
tive Expenses’’ for transfer from the Federal Old-Age and
Survivors Insurance Trust Fund or the Federal Disability
Insurance Trust Fund may be used for expenditures for
official time for employees of the Social Security Adminis-
tration pursuant to section 7131 of title 5, United States
Code, or for facilities or support services for labor organi-
zations pursuant to policies, regulations, or procedures re-
ferred to in section 7135(b) of such title.
SEC. 523. None of the funds appropriated in this Act
may be made available to any entity under title X of the
Public Health Service Act unless it is made known to the
Federal official having authority to obligate or expend
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such funds that the applicant for the award certifies to
the Secretary that it encourages family participation in
the decision of the minor to seek family planning services.
SEC. 524. No more than 1 percent of salaries appro-
priated for each Agency in this Act may be expended by
that Agency on cash performance awards: Provided, That
Agencies in this Act may waive the provisions of 5 U.S.C.
5384(b)(2) in order to comply with this section: Provided
further, That of the budgetary resources available to Agen-
cies in this Act for salaries and expenses during fiscal year
1997, $30,500,000, to be allocated by the Office of Manage-
ment and Budget, are permanently canceled: Provided fur-
ther, That the foregoing provision shall not apply to the
Food and Drug Administration and the Indian Health
Service.
SEC. 525. VOLUNTARY SEPARATION INCENTIVES FOR
EMPLOYEES OF CERTAIN FEDERAL AGENCIES.—(a) DEFI-
NITIONS.—For the purposes of this section—
(1) the term ‘‘agency’’ means the Railroad Re-
tirement Board and the Office of Inspector General of
the Railroad Retirement Board;
(2) the term ‘‘employee’’ means an employee (as
defined by section 2105 of title 5, United States Code)
who is employed by an agency, is serving under an
appointment without time limitation, and has been
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currently employed for a continuous period of at least
3 years, but does not include—
(A) a reemployed annuitant under sub-
chapter III of chapter 83 or chapter 84 of title
5, United States Code, or another retirement sys-
tem for employees of the agency;
(B) an employee having a disability on the
basis of which such employee is or would be eli-
gible for disability retirement under subchapter
III of chapter 83 or chapter 84 of title 5, United
States Code, or another retirement system for
employees of the agency;
(C) an employee who is in receipt of a spe-
cific notice of involuntary separation for mis-
conduct or unacceptable performance;
(D) an employee who, upon completing an
additional period of service as referred to in sec-
tion 3(b)(2)(B)(ii) of the Federal Workforce Re-
structuring Act of 1994 (5 U.S.C. 5597 note),
would qualify for a voluntary separation incen-
tive payment under section 3 of such Act;
(E) an employee who has previously re-
ceived any voluntary separation incentive pay-
ment by the Federal Government under this sec-
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tion or any other authority and has not repaid
such payment;
(F) an employee covered by statutory reem-
ployment rights who is on transfer to another or-
ganization; or
(G) any employee who, during the twenty-
four-month period preceding the date of separa-
tion, has received a recruitment or relocation
bonus under section 5753 of title 5, United
States Code, or who, within the twelve-month pe-
riod preceding the date of separation, received a
retention allowance under section 5754 of title 5,
United States Code.
(b) AGENCY STRATEGIC PLAN.—
(1) IN
GENERAL.—The three-member Railroad
Retirement Board, prior to obligating any resources
for voluntary separation incentive payments, shall
submit to the House and Senate Committees on Ap-
propriations and the Committee on Governmental Af-
fairs of the Senate and the Committee on Government
Reform and Oversight of the House of Representatives
a strategic plan outlining the intended use of such in-
centive payments and a proposed organizational
chart for the agency once such incentive payments
have been completed.
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(2) CONTENTS.—The agency’s plan shall in-
clude—
(A) the positions and functions to be re-
duced or eliminated, identified by organizational
unit, geographic location, occupational category
and grade level;
(B) the number and amounts of voluntary
separation incentive payments to be offered; and
(C) a description of how the agency will op-
erate without the eliminated positions and func-
tions.
(c) AUTHORITY TO PROVIDE VOLUNTARY SEPARATION
INCENTIVE PAYMENTS.—
(1) IN GENERAL.—A voluntary separation incen-
tive payment under this section may be paid by an
agency to any employee only to the extent necessary
to eliminate the positions and functions identified by
the strategic plan.
(2) AMOUNT AND TREATMENT OF PAYMENTS.—A
voluntary separation incentive payment—
(A) shall be paid in a lump sum after the
employee’s separation;
(B) shall be paid from appropriations or
funds available for the payment of the basic pay
of the employees;
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(C) shall be equal to the lesser of—
(i) an amount equal to the amount the
employee would be entitled to receive under
section 5595(c) of title 5, United States
Code; or
(ii) an amount determined by the
agency head not to exceed $25,000;
(D) may not be made except in the case of
any qualifying employee who voluntarily sepa-
rates (whether by retirement or resignation) be-
fore September 30, 1997;
(E) shall not be a basis for payment, and
shall not be included in the computation, of any
other type of Government benefit; and
(F) shall not be taken into account in deter-
mining the amount of any severance pay to
which the employee may be entitled under section
5595 of title 5, United States Code, based on any
other separation.
(d) ADDITIONAL AGENCY CONTRIBUTIONS TO THE RE-
TIREMENT FUND.—
(1) IN GENERAL.—In addition to any other pay-
ments which it is required to make under subchapter
III of chapter 83 of title 5, United States Code, an
agency shall remit to the Office of Personnel Manage-
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ment for deposit in the Treasury of the United States
to the credit of the Civil Service Retirement and Dis-
ability Fund an amount equal to 15 percent of the
final basic pay of each employee of the agency who
is covered under subchapter III of chapter 83 or chap-
ter 84 of title 5, United States Code, to whom a vol-
untary separation incentive has been paid under this
section.
(2) DEFINITION.—For the purpose of paragraph
(1), the term ‘‘final basic pay’’, with respect to an
employee, means the total amount of basic pay which
would be payable for a year of service by such em-
ployee, computed using the employee’s final rate of
basic pay, and, if last serving on other than a full-
time basis, with appropriate adjustment therefor.
(e) EFFECT OF SUBSEQUENT EMPLOYMENT WITH THE
GOVERNMENT.—An individual who has received a vol-
untary separation incentive payment under this section
and accepts any employment for compensation with the
Government of the United States, or who works for any
agency of the United States Government through a personal
services contract, within 5 years after the date of the separa-
tion on which the payment is based shall be required to
pay, prior to the individual’s first day of employment, the
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entire amount of the incentive payment to the agency that
paid the incentive payment.
(f) REDUCTION OF AGENCY EMPLOYMENT LEVELS.—
(1) IN GENERAL.—The total number of funded
employee positions in the agency shall be reduced by
one position for each vacancy created by the separa-
tion of any employee who has received, or is due to
receive, a voluntary separation incentive payment
under this section. For the purposes of this subsection,
positions shall be counted on a full-time-equivalent
basis.
(2) ENFORCEMENT.—The President, through the
Office of Management and Budget, shall monitor the
agency and take any action necessary to ensure that
the requirements of this subsection are met.
(g) EFFECTIVE DATE.—This section shall take effect
October 1, 1996.
TITLE VI—COMMISSION ON
RETIREMENT INCOME POLICY
SEC. 601. SHORT TITLE.
This title may be cited as the ‘‘Commission on Retire-
ment Income Policy Act of 1996’’.
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SEC. 602. ESTABLISHMENT.
There is established a commission to be known as the
Commission on Retirement Income Policy (in this title re-
ferred to as the ‘‘Commission’’).
SEC. 603. DUTIES.
(a) IN GENERAL.—The Commission shall conduct a
full and complete review and study of—
(1) trends in retirement savings in the United
States;
(2) existing Federal incentives and programs
that are established to encourage and protect such
savings; and
(3) new Federal incentives and programs that
are needed to encourage and protect such savings.
(b) SPECIFIC ISSUES.—In fulfilling the duty described
in subsection (a), the Commission shall address—
(1) the amount and sources of Federal and pri-
vate funds, including tax expenditures (as defined in
section 3 of the Congressional Budget Act of 1974 (2
U.S.C. 622)), needed to finance the incentives and
programs referred to in subsection (a)(2) and any
new Federal incentive or program that the Commis-
sion recommends be established;
(2) the most efficient and effective manner, con-
sidering the needs of retirement plan sponsors for
simplicity, reasonable cost, and appropriate incen-
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tives, of ensuring that individuals in the United
States will have adequate retirement savings;
(3) the amounts of retirement income that future
retirees will need to replace various levels of preretire-
ment income, including amounts necessary to pay for
medical and long-term care;
(4) the workforce and demographic trends that
affect the pensions of future retirees;
(5) the role of retirement savings in the economy
of the United States;
(6) sources of retirement income other than pri-
vate pensions that are available to individuals in the
United States; and
(7) the shift away from insured and qualified
pension benefits in the United States.
(c) RECOMMENDATIONS.—
(1) IN GENERAL.—The Commission shall formu-
late recommendations based on the review and study
conducted under subsection (a). The recommendations
shall include measures that address the needs of future
retirees for—
(A) appropriate pension plan coverage and
other mechanisms for saving for retirement;
(B) an adequate retirement income;
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(C) preservation of benefits they accumulate
by participating in pension plans;
(D) information concerning pension plan
benefits; and
(E) procedures to resolve disputes involving
such benefits.
(2) EFFECT ON FEDERAL BUDGET DEFICIT.—A
recommendation of the Commission for a new Federal
incentive or program that would result in an increase
in the Federal budget deficit shall not appear in the
report required under section 607 unless it is accom-
panied by a recommendation for offsetting the in-
crease.
SEC. 604. MEMBERSHIP.
(a) NUMBER AND APPOINTMENT.—
(1) IN GENERAL.—The Commission shall be com-
posed of 16 voting members appointed not later than
90 days after the date of the enactment of this Act.
The Commission shall consist of the following mem-
bers:
(A) Four members appointed by the Presi-
dent, of which two shall be from the executive
branch of the Government and two from private
life.
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(B) Three members appointed by the Major-
ity Leader of the Senate of which at least one
shall be from private life.
(C) Three members appointed by the Minor-
ity Leader of the Senate of which at least one
shall be from private life.
(D) Three members appointed by the Major-
ity Leader of the House of Representatives of
which at least one shall be from private life.
(E) Three members appointed by the Minor-
ity Leader of the House of Representatives of
which at least one shall be from private life.
(2) QUALIFICATIONS.—The individuals referred
to in paragraph (1) who are not Members of the Con-
gress shall be leaders of business or labor, distin-
guished academics, or other individuals with distinc-
tive qualifications and experience in retirement in-
come policy.
(b) TERMS.—Each member shall be appointed for the
life of the Commission.
(c) VACANCIES.—A vacancy in the Commission shall
be filled not later than 90 days after the date of the creation
of the vacancy in the manner in which the original ap-
pointment was made.
(d) COMPENSATION.—
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(1) RATES
OF
PAY.—Except as provided in
paragraph (2), members of the Commission shall serve
without pay.
(2) TRAVEL
EXPENSES.—Each member of the
Commission shall receive travel expenses, including
per diem in lieu of subsistence, in accordance with
sections 5702 and 5703 of title 5, United States Code.
(e) QUORUM.—10 members of the Commission shall
constitute a quorum, but 6 members may hold hearings,
take testimony, or receive evidence.
(f) CHAIRPERSON.—The chairperson of the Commis-
sion shall be elected by a majority vote of the members of
the Commission.
(g) MEETINGS.—The Commission shall meet at the call
of the chairperson of the Commission.
(h) DECISIONS.—Decisions of the Commission shall be
made according to the vote of not less than a majority of
the members who are present and voting at a meeting called
pursuant to subsection (g).
SEC. 605. STAFF AND SUPPORT SERVICES.
(a) EXECUTIVE DIRECTOR.—The Commission shall
have an executive director appointed by the Commission.
The Commission shall fix the pay of the executive director.
(b) STAFF.—The Commission may appoint and fix the
pay of additional personnel as it considers appropriate.
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(c) APPLICABILITY
OF
CERTAIN
CIVIL
SERVICE
LAWS.—The executive director and staff of the Commission
may be appointed without regard to the provisions of title
5, United States Code, governing appointments in the com-
petitive service, and may be paid without regard to the pro-
visions of chapter 51 and subchapter III of chapter 53 of
that title relating to classification and General Schedule
pay rates.
(d) EXPERTS AND CONSULTANTS.—The Commission
may procure temporary and intermittent services under
section 3109(b) of title 5, United States Code, at rates the
Commission determines to be appropriate.
(e) STAFF OF FEDERAL AGENCIES.—Upon request of
the Commission, the head of any Federal agency may de-
tail, on a reimbursable basis, any of the personnel of the
agency to the Commission to assist it in carrying out its
duties under this title.
(f) ADMINISTRATIVE SUPPORT SERVICES.—Upon the
request of the Commission, the Administrator of General
Services shall provide to the Commission, on a reimbursable
basis, the administrative support services necessary for the
Commission to carry out its responsibilities under this title.
SEC. 606. POWERS.
(a) HEARINGS AND SESSIONS.—
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(1) IN GENERAL.—The Commission may, for the
purpose of carrying out this title, hold hearings, sit
and act at times and places, take testimony, and re-
ceive evidence as the Commission considers appro-
priate. The Commission may administer oaths or af-
firmations to witnesses appearing before it.
(2) PUBLIC HEARINGS.—The Commission may
hold public hearings to receive the views of a broad
spectrum of the public on the status of the private re-
tirement system of the United States.
(b) DELEGATION OF AUTHORITY.—Any member, com-
mittee, or agent of the Commission may, if authorized by
the Commission, take any action which the Commission is
authorized to take by this section.
(c) INFORMATION.—
(1) INFORMATION FROM FEDERAL AGENCIES.—
(A) IN GENERAL.—The Commission may se-
cure directly from any Federal agency informa-
tion necessary to enable it to carry out this title.
Upon request of the Commission, the head of the
Federal agency shall furnish the information to
the Commission.
(B) EXCEPTION.—Subparagraph (A) shall
not apply to any information that the Commis-
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sion is prohibited to secure or request by another
law.
(2) PUBLIC
SURVEYS.—The Commission may
conduct the public surveys necessary to enable it to
carry out this title. In conducting such surveys, the
Commission shall not be considered an agency for
purposes of chapter 35 of title 44, United States Code.
(d) MAILS.—The Commission may use the United
States mails in the same manner and under the same condi-
tions as other Federal agencies.
(e) CONTRACT AND PROCUREMENT AUTHORITY.—The
Commission may make purchases, and may contract with
and compensate government and private agencies or per-
sons for property or services, without regard to—
(1) section 3709 of the Revised Statutes (41
U.S.C. 5); and
(2) title III of the Federal Property and Admin-
istrative Services Act of 1949 (41 U.S.C. 251 et seq.).
(f) GIFTS.—The Commission may accept, use, and dis-
pose of gifts of services or property, both real and personal,
for the purpose of assisting the work of the Commission.
Gifts of money and proceeds from sales of property received
as gifts shall be deposited in the Treasury and shall be
available for disbursement upon order of the Commission.
For purposes of Federal income, estate, and gift taxes, prop-
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erty accepted under this subsection shall be considered as
a gift to the United States.
(g) VOLUNTEER SERVICES.—Notwithstanding section
1342 of title 31, United States Code, the Commission may
accept and use voluntary and uncompensated services as
the Commission determines necessary.
SEC. 607. REPORT.
Not later than 1 year after the first meeting of the
Commission, the Commission shall submit a report to the
President, the majority and minority leaders of the Senate,
the Committee on Labor and Human Resources and the
Committee on Finance of the Senate, the majority and mi-
nority leaders of the House of Representatives, and the
Committee on Ways and Means and the Committee on Eco-
nomic and Educational Opportunities of the House of Rep-
resentatives. The report shall review the matters that the
Commission is required to study under section 603 and
shall set forth the recommendations of the Commission.
SEC. 608. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as
may be necessary to carry out this title.
SEC. 609. TERMINATION.
The Commission shall terminate not later than the ex-
piration of the 90-day period beginning on the date on
which the Commission submits its report under section 607.