H. R. 4606—24
particularly those with the lowest incomes that pay a high propor-
tion of household income for home energy.
This title may be cited as the ‘‘Department of Health and
Human Services Appropriations Act, 1995’’.
TITLE III—DEPARTMENT OF EDUCATION
EDUCATION REFORM
For carrying out activities authorized by titles II, III, and
IV of the Goals 2000: Educate America Act and titles II, III, and
IV of the School-to-Work Opportunities Act, $528,400,000 of which
$503,670,000 shall become available on July 1, 1995, and remain
available through September 30, 1996.
EDUCATION FOR THE DISADVANTAGED
For carrying out the activities authorized by title I of the
Elementary and Secondary Education Act of 1965, as amended
by the Improving America’s Schools Act as enacted into law, and
by section 418A of the Higher Education Act, $7,232,722,000, of
which $7,214,160,000 shall become available on July 1, 1995 and
shall remain available through September 30, 1996: Provided, That
$6,698,356,000 shall be available for grants to local education agen-
cies, not less than $41,434,000 shall be available for capital
expenses, $102,024,000 shall be available for the Even Start pro-
gram, $305,475,000 shall be available for title I migrant education
activities, not less than $39,311,000 shall be available for title
I delinquent and high-risk youth education activities, no more than
$27,560,000 shall be for program improvement activities, and
$8,270,000 shall be for evaluation.
IMPACT AID
For carrying out programs of financial assistance to federally
affected schools authorized by the Improving America’s Schools
Act as enacted into law, $728,000,000 of which $40,000,000, to
remain available until expended, shall be for payments for heavily
impacted districts under section 8004(f), 9004(f), or the relevant
citation which may be designated in the Act: Provided, That should
the Improving America’s Schools Act not be enacted into law for
fiscal year 1995 funds for impact aid shall be made available
under the provisions of Public Laws 81–815 and 81–874 with
amounts allocated proportionately and under the same timeframes
as provided in fiscal year 1994.
SCHOOL IMPROVEMENT PROGRAMS
For carrying out school improvement activities authorized by
titles II, III, IV, V, VII, VIII, IX, and XV (or under the comparable
citations which may be designated) of the Elementary and Second-
ary Education Act of 1965, as amended by the Improving America’s
Schools Act as enacted into law; the Stewart B. McKinney Homeless
Assistance Act; the Civil Rights Act of 1964; and title V of the
Higher Education Act; $1,564,877,000, of which $1,268,418,000 shall
become available on July 1, 1995, and remain available through
September 30, 1996: Provided, That $5,899,000 shall be for law
related education; $12,000,000 shall be for arts education activities;
$28,000,000 shall be for dropout prevention assistance, if author-
H. R. 4606—25
ized; $4,185,000 shall be for Ellender Fellowships; $12,000,000 shall
be for education for Native Hawaiians; $10,912,000 shall be for
foreign language assistance, if authorized; and $100,000,000 shall
be for new education infrastructure improvement grants, if
authorized.
BILINGUAL AND IMMIGRANT EDUCATION
For carrying out, to the extent not otherwise provided, bilingual
and immigrant education activities authorized by titles VII and
IX of the Elementary and Secondary Education Act as amended
by the Improving America’s Schools Act, as enacted into law, and
by title IV of the Carl D. Perkins Vocational and Applied Technology
Education Act, $245,200,000, of which $25,180,000 shall be for
training activities under part C or under subpart 3 of part A
of title VII or under the comparable citation which may be des-
ignated by amendments to the authorizing legislation, and
$50,000,000 shall be for the immigrant education program.
SPECIAL EDUCATION
For carrying out the Individuals with Disabilities Education
Act, $3,252,846,000, of which $2,998,812,000 shall become available
for obligation on July 1, 1995, and shall remain available through
September 30, 1996, of which $292,125,000 for section 686 shall
become available for obligation on September 30, 1995, and shall
remain available through September 30, 1996.
REHABILITATION SERVICES AND DISABILITY RESEARCH
For carrying out, to the extent not otherwise provided, the
Rehabilitation Act of 1973, the Technology-Related Assistance for
Individuals with Disabilities Act, and the Helen Keller National
Center Act, as amended, $2,393,352,000.
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.), $6,680,000.
NATIONAL TECHNICAL INSTITUTE FOR THE DEAF
For the National Technical Institute for the Deaf under titles
I and II of the Education of the Deaf Act of 1986 (20 U.S.C.
4301 et seq.), $43,191,000, of which $336,000 shall be for the
endowment program as authorized under section 207 and shall
be available until expended and $150,000 shall be for construction
and shall be available until expended.
GALLAUDET UNIVERSITY
For the Kendall Demonstration Elementary School, the Model
Secondary School for the Deaf, and the partial support of Gallaudet
University under titles I and II of the Education of the Deaf
Act of 1986 (20 U.S.C. 4301 et seq.), $80,030,000, of which
$1,000,000 shall be for the endowment program as authorized under
section 207 and shall be available until expended.
H. R. 4606—26
VOCATIONAL AND ADULT EDUCATION
For carrying out, to the extent not otherwise provided, the
Carl D. Perkins Vocational and Applied Technology Education Act,
the Adult Education Act, the National Literacy Act of 1991, and
the Stewart B. McKinney Homeless Assistance Act, $1,473,175,000,
of which $1,470,256,000 shall become available on July 1, 1995
and shall remain available through September 30, 1996: Provided,
That of the amounts made available under the Carl D. Perkins
Vocational and Applied Technology Education Act, $400,000 of the
amount available for Tech-Prep shall be for evaluation of the pro-
gram and $34,535,000 shall be for national programs under title
IV, including $7,851,000 for research, of which $6,000,000 shall
be for the National Center for Research on Vocational Education;
$20,684,000 for demonstrations, notwithstanding section 411(b); and
$6,000,000 for data systems: Provided further, That of the amounts
made available under the Adult Education Act, $3,900,000 shall
be for national programs under section 383, and $4,869,000 shall
be for the National Institute for Literacy under section 384.
STUDENT FINANCIAL ASSISTANCE
For carrying out subparts 1, 3, and 4 of part A, and parts
C, E, and H of title IV of the Higher Education Act of 1965,
as amended, including, notwithstanding section 401(a)(1), not to
exceed 3,930,000 Pell Grant recipients in award year 1994–1995,
$7,702,970,000, which shall remain available through September
30, 1996, and of which $63,375,000 shall be for State Student
Incentive Grants under subpart 4 of part A.
The maximum Pell Grant for which a student shall be eligible
during award year 1995–1996 shall be $2,340: Provided, That not-
withstanding section 401(g) of the Act, as amended, if the Secretary
determines, prior to publication of the payment schedule for award
year 1995–1996, that the $6,247,180,000 included within this appro-
priation for Pell Grant awards for award year 1995–1996, and
any funds available from the FY 1994 appropriation for Pell Grant
awards, are insufficient to satisfy fully all such awards for which
students 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 estab-
lished 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, $62,191,000.
FEDERAL DIRECT STUDENT LOAN PROGRAM ACCOUNT
For the cost of direct loans authorized by title IV, part D,
of the Higher Education Act, as amended, such sums as may be
necessary to carry out the purposes of the program, including such
sums as may be derived from negative subsidy receipts: Provided,
That such costs, including costs of modifying such loans, shall
be as defined in section 502 of the Congressional Budget Act of
1974.
H. R. 4606—27
HIGHER EDUCATION
For carrying out, to the extent not otherwise provided, titles
I, III, IV, including chapter 2 of subpart 2 of part A, V, VI, VII,
IX, VIII, part A, subpart 1 of part B, and part D of title X,
and XI, without regard to section 1151, of the Higher Education
Act of 1965, as amended; the Mutual Educational and Cultural
Exchange Act of 1961; title VI, including part C, of the Excellence
in Mathematics, Science and Engineering Education Act of 1990;
section 1521 of the Higher Education Amendments of 1986 as
amended by Public Law 103–239, to be administered by the Sec-
retary of Education; part E of title XV of the Higher Education
Amendments of 1992; and Public Law 102–423, $962,842,000 of
which $8,060,000 for endowment activities under section 331 of
part C of title III and $17,512,000 for interest subsidies under
title VII of the Higher Education Act, as amended, and $4,000,000
for Public Law 102–423 shall remain available until expended,
and $1,000,000 of the amount provided herein for title III shall
be available for an evaluation of the title III programs.
HOWARD UNIVERSITY
For partial support of Howard University (20 U.S.C. 121 et
seq.), $206,463,000, of which $3,530,000, to remain available until
expended, shall be for a matching endowment grant to be adminis-
tered in accordance with the Howard University Endowment Act
(Public Law 98–480), $5,000,000, to remain available until
expended, shall be for general construction needs at the University
and $5,500,000, to remain available until expended, shall be for
the establishment of a Law School Clinical Center to be adminis-
tered under the same terms and conditions as the Centers estab-
lished and funded under Public Laws 99–88 and 100–517 with
not more than $1,000,000 to be used for construction.
HIGHER EDUCATION FACILITIES LOANS
The Secretary is hereby authorized to make such expenditures,
within the limits of funds available under this heading and in
accord with law, and to make such contracts and commitments
without regard to fiscal year limitation, as provided by section
104 of the Government Corporation Control Act (31 U.S.C. 9104),
as may be necessary in carrying out the program for the current
fiscal year.
COLLEGE HOUSING AND ACADEMIC FACILITIES LOANS PROGRAM
For the costs of direct loans, as authorized by title VII, part
C, of the Higher Education Act, as amended, $168,000: Provided,
That such costs, including costs of modifying such loans, shall
be as defined in section 502 of the Congressional Budget Act of
1974 and that these funds are available to subsidize gross obliga-
tions for the principal amount of direct loans of not to exceed
$10,000,000: Provided further, That obligated balances of these
appropriations will remain available until expended, notwithstand-
ing the provisions of 31 U.S.C. 1552(a), as amended by Public
Law 101–510. In addition, for administrative expenses to carry
out the existing direct loan program of college housing and academic
facilities loans entered into pursuant to title VII, part C, of the
Higher Education Act, as amended, $1,022,000.
H. R. 4606—28
COLLEGE HOUSING LOANS
Pursuant to title VII, part C of the Higher Education Act,
as amended, for necessary expenses of the college housing loans
program, previously carried out under title IV of the Housing Act
of 1950, the Secretary shall make expenditures and enter into
contracts without regard to fiscal year limitation using loan repay-
ments and other resources available to this account. Any unobli-
gated balances becoming available from fixed fees paid into this
account pursuant to 12 U.S.C. 1749d, relating to payment of costs
for inspections and site visits, shall be available for the operating
expenses of this account.
HISTORICALLY BLACK COLLEGE AND UNIVERSITY CAPITAL FINANCING,
PROGRAM ACCOUNT
The total amount of bonds insured pursuant to section 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 Congres-
sional Budget Act of 1974, of such bonds shall not exceed zero.
For administrative expenses to carry out the Historically Black
College and University Capital Financing Program entered into
pursuant to title VII, part B of the Higher Education Act, as
amended, $347,000.
EDUCATION RESEARCH, STATISTICS, AND IMPROVEMENT
For carrying out activities authorized by the Educational
Research, Development, Dissemination, and Improvement Act; the
Elementary and Secondary Education Act of 1965, as amended
by the Improving America’s Schools Act as enacted into law; the
National Education Statistics Act of 1994, as enacted into law;
the Education Council Act, as amended; part F of the General
Education Provisions Act; and title VI of Public Law 103–227,
$354,892,000: Provided, That $86,200,000 shall be for education
research of which $41,000,000 shall be for regional laboratories,
including rural initiatives and network activities, $33,000,000 shall
be for research centers, and $3,200,000, to remain available until
expended, shall be for school finance equalization research;
$36,750,000 shall be for the Fund for the Improvement of Education;
$3,000,000 shall be for the international education exchange pro-
gram; $750,000 shall be for 21st Century Community Learning
Centers, if authorized; $4,463,000 shall be for civic education activi-
ties; $14,480,000 shall be for the National Diffusion Network;
$36,356,000 shall be for Eisenhower professional development Fed-
eral activities, including not less than $5,472,000 for the National
Clearinghouse for Science and Mathematics and $15,000,000 for
regional consortia; $2,250,000 shall be for a mathematics tele-
communications demonstration, if authorized; $40,000,000 shall be
for education technology activities, if authorized; and $7,000,000
shall be for Ready to Learn television, including funds to be awarded
to the Corporation for Public Broadcasting in such amounts as
the Secretary determines appropriate.
LIBRARIES
For carrying out, to the extent not otherwise provided, titles
I, III, IV, and VI of the Library Services and Construction Act
(20 U.S.C. ch. 16), and title II of the Higher Education Act,
H. R. 4606—29
$144,161,000, of which $17,792,000 shall be used to carry out the
provisions of title II of the Library Services and Construction Act
and shall remain available until expended; and $4,916,000 shall
be for section 222 and $6,500,000 shall be for section 223 of the
Higher Education Act, of which $5,000,000 shall be for additional
awards for demonstration of on-line access to statewide, multitype
library bibliographic data bases using fiber optic networks and
$1,500,000 shall be for a demonstration project making Federal
information and other data bases available for public use by connect-
ing a multistate consortium of public and private colleges and
universities to a public library and an historic library.
DEPARTMENTAL MANAGEMENT
PROGRAM ADMINISTRATION
For carrying out, to the extent not otherwise provided, the
Department of Education Organization Act, including rental of con-
ference rooms in the District of Columbia and hire of two passenger
motor vehicles, $356,021,000.
OFFICE FOR CIVIL RIGHTS
For expenses necessary for the Office for Civil Rights, as author-
ized by section 203 of the Department of Education Organization
Act, $58,325,000.
OFFICE OF THE INSPECTOR GENERAL
For expenses necessary for the Office of the Inspector General,
as authorized by section 212 of the Department of Education
Organization Act, $30,437,000.
GENERAL PROVISIONS
SEC. 301. No part of the funds contained in this title may
be used to force any school or school district which is desegregated
as that term is defined in title IV of the Civil Rights Act of
1964, Public Law 88–352, to take any action to force the busing
of students; to force on account of race, creed or color the abolish-
ment of any school so desegregated; or to force the transfer or
assignment of any student attending any elementary or secondary
school so desegregated to or from a particular school over the
protest of his or her parents or parent.
SEC. 302. (a) No part of the funds contained in this title
shall be used to force any school or school district which is deseg-
regated as that term is defined in title IV of the Civil Rights
Act of 1964, Public Law 88–352, to take any action to force the
busing of students; to require the abolishment of any school so
desegregated; or to force on account of race, creed or color the
transfer of students to or from a particular school so desegregated
as a condition precedent to obtaining Federal funds otherwise avail-
able to any State, school district or school.
(b) No funds appropriated in this Act may be used for the
transportation of students or teachers (or for the purchase of equip-
ment 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 transpor-
H. R. 4606—30
tation) in order to carry out a plan of racial desegregation of
any school or school system.
SEC. 303. None of the funds contained in this Act shall be
used to require, directly or indirectly, the transportation 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
includes 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 clustering. The prohibition described in
this section does not include the establishment of magnet schools.
SEC. 304. No funds appropriated under this Act may be used
to prevent the implementation of programs of voluntary prayer
and meditation in the public schools.
SEC. 305. None of the funds appropriated under this Act may
be used to publish, release, report or finalize the designation of
institutions to be reviewed under subpart 1 of part H of title
IV of the Higher Education Act of 1965, as amended, until the
State postsecondary review entity responsible for evaluating those
institutions has received the Secretary’s approval for its institu-
tional review standards.
This title may be cited as the ‘‘Department of Education Appro-
priations Act, 1995’’.
TITLE IV—RELATED AGENCIES
ARMED FORCES RETIREMENT HOME
For expenses necessary for the Armed Forces Retirement 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,
$59,317,000, of which $2,906,000 shall remain available until
expended for construction and renovation of the physical plants
at the United States Soldiers’ and Airmen’s Home and the United
States Naval Home: Provided, That this 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 Commissioners and the Sur-
geon General of the Army.
CORPORATION FOR NATIONAL AND COMMUNITY SERVICE
DOMESTIC VOLUNTEER SERVICE PROGRAMS, OPERATING EXPENSES
For expenses necessary for the Corporation for National and
Community Service to carry out the provisions of the Domestic
Volunteer Service Act of 1973, as amended, $214,710,000.
H. R. 4606—31
CORPORATION FOR PUBLIC BROADCASTING
(INCLUDING RESCISSION)
Of the funds made available under this heading in Public
Law 102–394, $7,000,000 are hereby rescinded. For payment to
the Corporation for Public Broadcasting, as authorized by the
Communications Act of 1934, an amount which shall be available
within limitations specified by that Act, for the fiscal year 1997,
$315,000,000: Provided, That no funds made available to the Cor-
poration for Public Broadcasting by this Act shall be used to pay
for receptions, parties, or similar forms of entertainment for Govern-
ment 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 Concilia-
tion 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 nec-
essary for the Labor-Management Cooperation Act of 1978 (29
U.S.C. 175a); and for expenses necessary for the Service to carry
out the functions vested in it by the Civil Service Reform Act,
Public Law 95–454 (5 U.S.C. chapter 71), $31,344,000.
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
SALARIES AND EXPENSES
For expenses necessary for the Federal Mine Safety and Health
Review Commission (30 U.S.C. 801 et seq.), $6,200,000.
NATIONAL COMMISSION ON LIBRARIES AND INFORMATION SCIENCE
SALARIES AND EXPENSES
For necessary expenses for the National Commission on Librar-
ies and Information Science, established by the Act of July 20,
1970 (Public Law 91–345, as amended by Public Law 102–95),
$901,000.
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 LABOR RELATIONS BOARD
SALARIES AND EXPENSES
For expenses necessary for the National Labor Relations Board
to carry out the functions vested in it by the Labor-Management
H. R. 4606—32
Relations Act, 1947, as amended (29 U.S.C. 141–167), and other
laws, $176,047,000: Provided, 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 Rela-
tions 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
definition employees engaged in the maintenance and operation
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.
NATIONAL MEDIATION BOARD
SALARIES AND EXPENSES
For expenses necessary to carry out the provisions of the Rail-
way Labor Act, as amended (45 U.S.C. 151–188), including emer-
gency boards appointed by the President, $8,519,000.
OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION
SALARIES AND EXPENSES
For expenses necessary for the Occupational Safety and Health
Review Commission (29 U.S.C. 661), $7,595,000.
PHYSICIAN PAYMENT REVIEW COMMISSION
SALARIES AND EXPENSES
For expenses necessary to carry out section 1845(a) of the
Social Security Act, $4,176,000 to be transferred to this appropria-
tion 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, $4,667,000 to be transferred to this appropria-
tion from the Federal Hospital Insurance and the Federal Supple-
mentary Medical Insurance Trust Funds.
RAILROAD RETIREMENT BOARD
DUAL BENEFITS PAYMENTS ACCOUNT
For payment to the Dual Benefits Payments Account, author-
ized under section 15(d) of the Railroad Retirement Act of 1974,
$261,000,000, which shall include amounts becoming available in
fiscal year 1995 pursuant to section 224(c)(1)(B) of Public Law
98–76; and in addition, 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 $261,000,000: Provided, That the total amount
H. R. 4606—33
provided herein shall be credited in 12 approximately 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 avail-
able through September 30, 1996, 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,
$73,881,000, to be derived from the railroad retirement accounts:
Provided, That $200,000 of the foregoing amount shall be available
only to the extent necessary to process workloads not anticipated
in the budget estimates and after maximum absorption of the
costs of such workloads within the remainder of the existing limita-
tion has been achieved: Provided further, That for fiscal year 1995
only, notwithstanding any other provision of law, no portion of
this limitation shall be available for payments of standard level
user charges pursuant to section 210(j) of the Federal Property
and Administrative Services Act of 1949, as amended (40 U.S.C.
490(j); 45 U.S.C. 231–231u).
LIMITATION ON RAILROAD UNEMPLOYMENT INSURANCE
ADMINISTRATION FUND
For further expenses necessary for the Railroad Retirement
Board, for administration of the Railroad Unemployment Insurance
Act, not less than $17,031,000 shall be apportioned for fiscal year
1995 from moneys credited to the railroad unemployment insurance
administration fund.
SPECIAL MANAGEMENT IMPROVEMENT FUND
To effect management improvements, including the reduction
of backlogs, accuracy of taxation accounting, and debt collection,
$1,640,000, to be derived from the railroad retirement accounts
and railroad unemployment insurance account: Provided, That these
funds shall supplement, not supplant, existing resources devoted
to such operations and improvements.
LIMITATION ON THE OFFICE OF INSPECTOR GENERAL
For expenses necessary for the Office of Inspector General
for audit, investigatory and review activities, as authorized by the
Inspector General Act of 1978, as amended, not more than
$6,682,000, to be derived from the railroad retirement accounts
and railroad unemployment insurance account.
UNITED STATES INSTITUTE OF PEACE
OPERATING EXPENSES
For necessary expenses of the United States Institute of Peace
as authorized in the United States Institute of Peace Act,
$11,500,000.
H. R. 4606—34
TITLE V—GENERAL PROVISIONS
SEC. 501. No part of the funds appropriated under this Act
shall be used to provide a loan, guarantee of a loan, a grant,
the salary of or any remuneration whatever to any individual apply-
ing for admission, attending, employed by, teaching at, or doing
research at an institution of higher education who has engaged
in conduct on or after August 1, 1969, which involves the use
of (or the assistance to others in the use of) force or the threat
of force or the seizure of property under the control of an institution
of higher education, to require or prevent the availability of certain
curricula, or to prevent the faculty, administrative officials, or stu-
dents in such institution from engaging in their duties or pursuing
their studies at such institution.
SEC. 502. The Secretaries of Labor, Health and Human Serv-
ices, and Education are authorized to transfer unexpended balances
of prior appropriations to accounts corresponding to current appro-
priations 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. 503. 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. 504. (a) No part of any appropriation contained in this
Act shall be used, other than for normal and recognized executive-
legislative relationships, for publicity or propaganda purposes, for
the preparation, distribution, or use of any kit, pamphlet, booklet,
publication, radio, television, or film presentation designed to sup-
port or defeat legislation pending before the Congress, except in
presentation to the Congress itself.
(b) No part of any appropriation contained in this Act shall
be used to pay the salary or expenses of any grant or contract
recipient, or agent acting for such recipient, related to any activity
designed to influence legislation or appropriations pending before
the Congress.
SEC. 505. 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, respec-
tively, for official reception and representation expenses; the Direc-
tor 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 ‘‘Salaries 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 Mediation Board’’.
SEC. 506. Notwithstanding any other provision of this Act,
no funds appropriated under this Act shall be used to carry out
any program of distributing sterile needles for the hypodermic
injection of any illegal drug unless the Surgeon General of the
United States determines that such programs are effective in
preventing the spread of HIV and do not encourage the use of
illegal drugs, except that such funds may be used for such purposes
in furtherance of demonstrations or studies authorized in the
ADAMHA Reorganization Act (Public Law 102–321).
H. R. 4606—35
SEC. 507. (a) PURCHASE OF AMERICAN-MADE EQUIPMENT AND
PRODUCTS.—It is the sense of the Congress that, to the greatest
extent practicable, all equipment 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 entity 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 statement made in subsection (a) by the Congress.
SEC. 508. When issuing statements, press releases, requests
for proposals, bid solicitations and other documents describing
projects or programs funded in whole or in part with Federal
money, all grantees receiving Federal funds, including but not lim-
ited to State and local governments and recipients of Federal
research grants, shall clearly state (1) the percentage of the total
costs of the program or project which will be financed with Federal
money, (2) the dollar amount of Federal funds for the project or
program, and (3) percentage and dollar amount of the total costs
of the project or program that will be financed by nongovernmental
sources.
SEC. 509. 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 pregnancy is the result of an act of rape or
incest.
SEC. 510. No funds appropriated herein shall be used to imple-
ment any regulation promulgated under section 481(b)(6) of the
Higher Education Act of 1965, as amended, prior to July 1, 1995.
SEC. 511. None of the funds appropriated or otherwise made
available under this Act may be obligated in violation of existing
Federal law or regulation already prohibiting such benefit or assist-
ance. None of the funds appropriated under this Act may be used
by any Federal official, or any State or local official, to induce
undocumented immigrants to apply for Federal benefits for which
such officials know or should know such undocumented immigrants
are not eligible. In no case, however, shall Federal, State, or local
officials be penalized for efforts to ensure that eligible persons
are not excluded from participation in, denied the benefits of, or
subjected to discrimination by any program receiving funds under
this Act, on the grounds of race, color, or national origin-based
traits, including language. Each State agency and each other entity
administering a program under which verification of immigration
status is required by section 121 of the Immigration Reform and
Control Act of 1986 shall participate in the system for the verifica-
tion of such status established by the Commissioner of the Immigra-
tion and Naturalization Service pursuant to section 121(c) of that
Act, unless an alternative system is available and employed for
such purposes which is found to meet the criteria for waiver under
section 121(c)(4).
SEC. 512. Notwithstanding any other provision of law, monthly
benefit rates during fiscal year 1995 and thereafter under part
B or part C of the Black Lung Benefits Act shall continue to
be based on the benefit rates in effect in September, 1994 and
be paid in accordance with the Act, until exceeded by the benefit
rate specified in section 412(a)(1) of the Act.
H. R. 4606—36
SEC. 513. No more than one percent of salaries appropriated
for each Agency in this Act may be expended by that Agency
on cash performance awards: Provided, That of the budgetary
resources available to Agencies in this Act for salaries and expenses
during fiscal year 1995, $30,500,000, to be allocated by the Office
of Management and Budget, are permanently canceled: Provided
further, That the foregoing proviso shall not apply to the Food
and Drug Administration and the Indian Health Service.
SEC. 514. Chapter 51 of title 18, United States Code, is amended
by adding at the end thereof the following new section:
§ 1118. Protection against the human immunodeficiency
virus
‘‘(a) IN GENERAL.—Whoever, after testing positive for the
Human Immunodeficiency Virus (HIV) and receiving actual notice
of that fact, knowingly donates or sells, or knowingly attempts
to donate or sell, blood, semen, tissues, organs, or other bodily
fluids for use by another, except as determined necessary for medi-
cal research or testing, shall be fined or imprisoned in accordance
with subsection (c).
‘‘(b) TRANSMISSION
NOT
REQUIRED.—Transmission of the
Human Immunodeficiency Virus does not have to occur for a person
to be convicted of a violation of this section.
‘‘(c) PENALTY.—Any person convicted of violating the provisions
of subsection (a) shall be subject to a fine of not less than $10,000
nor more than $20,000, imprisoned for not less than 1 year nor
more than 10 years, or both.’’.
SEC. 515. Notwithstanding any other provision of law—
(1) no amount may be transferred from an appropriation
account for the Departments of Labor, Health and Human
Services, and Education except as authorized in this or any
subsequent appropriation 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 timing of the obligation and expenditure of
such appropriation, or for the purposes for which it is obligated
and expended, except to the extent and in the manner otherwise
provided in sections 1512 and 1513 of title 31, United States
Code; and
(3) no funds provided under this or any subsequent appro-
priation 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.
TITLE VI—EMERGENCY APPROPRIATIONS
DEPARTMENT OF HEALTH AND HUMAN SERVICES
PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND
For the Public Health and Social Services Emergency Fund
to be used to assist States and local communities in recovering
from the flooding caused by tropical storm Alberto and other emer-
H. R. 4606—37
gencies, $35,000,000 to remain available until expended: Provided,
That the entire amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That the entire amount shall be avail-
able only to the extent an official budget request, for a specific
dollar amount, that includes designation of the entire amount of
the request as an emergency requirement, as defined in the Bal-
anced Budget and Emergency Deficit Control Act of 1985 as
amended, is transmitted by the President to the Congress.
TITLE VII—CRIME REDUCTION PROGRAMS
DEPARTMENT OF HEALTH AND HUMAN SERVICES
ADMINISTRATION FOR CHILDREN AND FAMILIES
CHILDREN AND FAMILIES SERVICES PROGRAMS
In addition to amounts otherwise appropriated in this Act,
$26,900,000, to be derived from the Violent Crime Reduction Trust
Fund, including $1,000,000 for a domestic violence hotline as
authorized by the Safe Homes for Women Act of 1994 and
$25,900,000 for carrying out the Community Schools Youth Services
and Supervision Grant Program Act of 1994.
DEPARTMENT OF EDUCATION
SCHOOL IMPROVEMENT PROGRAMS
In addition to amounts otherwise appropriated in this Act,
$11,100,000, to be derived from the Violent Crime Reduction Trust
Fund, for carrying out the Family and Community Endeavor Schools
Act.
This Act may be cited as the ‘‘Departments of Labor, Health
and Human Services, and Education, and Related Agencies Appro-
priations Act, 1995’’.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.