340
Security Act from the Hospital Insurance Trust Fund and
the Supplemental Medical Insurance Trust Fund.
OFFICE FOR CIVIL RIGHTS
For expenses necessary for the Office for Civil
Rights,
$16,153,000,
together
with
not
to
exceed
$3,314,000, to be transferred and expended as authorized
by section 201(g)(1) of the Social Security Act from the
Hospital Insurance Trust Fund and the Supplemental
Medical Insurance Trust Fund.
POLICY RESEARCH
For carrying out, to the extent not otherwise pro-
vided, research studies under section 1110 of the Social
Security Act, $9,000,000.
GENERAL PROVISIONS
SEC. 201. Funds appropriated in this title shall be
available for not to exceed $37,000 for official reception
and representation expenses when specifically approved by
the Secretary.
SEC. 202. The Secretary shall make available through
assignment not more than 60 employees of the Public
Health Service to assist in child survival activities and to
work in AIDS programs through and with funds provided
by the Agency for International Development, the United
Nations International Children’s Emergency Fund or the
World Health Organization.
341
SEC. 203. None of the funds appropriated under this
Act may be used to implement section 399L(b) of the Pub-
lic Health Service Act or section 1503 of the National In-
stitutes of Health Revitalization Act of 1993, Public Law
103–43.
SEC. 204. None of the funds made available by this
Act may be used to withhold payment to any State under
the Child Abuse Prevention and Treatment Act by reason
of a determination that the State is not in compliance with
section 1340.2(d)(2)(ii) of title 45 of the Code of Federal
Regulations. This provision expires upon the date of enact-
ment of the reauthorization of the Child Abuse Prevention
and Treatment Act or upon September 30, 1996, which-
ever occurs first.
SEC. 205. None of the funds appropriated in this or
any other Act for the National Institutes of Health and
the Substance Abuse and Mental Health Services Admin-
istration shall be used to pay the salary of an individual,
through a grant or other extramural mechanism, at a rate
in excess of $125,000 per year.
SEC. 206. Taps and other assessments made by any
office located in the Department of Health and Human
Services shall be treated as a reprogramming of funds ex-
cept that this provision shall not apply to assessments re-
quired by authorizing legislation, or related to working
342
capital funds or other fee-for-service activities. None of the
funds appropriated in this Act may be expended pursuant
to section 241 of the Public Health Service Act, except
for funds specifically provided for in this Act, prior to the
Secretary’s preparation and submission of a report to the
Committee on Appropriations of the Senate and of the
House detailing the planned uses of such funds.
(TRANSFER OF FUNDS)
SEC. 207. Of the funds appropriated or otherwise
made available for the Department of Health and Human
Services, General Departmental Management, for fiscal
year 1996, the Secretary of Health and Human Services
shall transfer to the Office of the Inspector General such
sums as may be necessary for any expenses with respect
to the provision of security protection for the Secretary
of Health and Human Services.
SEC. 208. None of the funds appropriated in this Act
may be obligated or expended for the Federal Council on
Aging under the Older Americans Act or the Advisory
Board on Child Abuse and Neglect under the Child Abuse
Prevention and Treatment Act.
(TRANSFER OF FUNDS)
SEC. 209. Not to exceed 1 percent of any appropria-
tion made available for the current fiscal year for the De-
partment of Health and Human Services in this Act may
be transferred between such appropriations, but no such
343
appropriation shall be increased by more than 3 percent
by any such transfers: Provided, That the Appropriations
Committees of both Houses of Congress are notified at
least fifteen days in advance of any transfers.
SEC. 210. Of the funds provided for the account
heading ‘‘Disease Control, Research, and Training’’ in
Public Law 104–91, $31,642,000, to be derived from the
Violent Crime Reduction Trust Fund, is hereby available
for carrying out sections 40151, 40261, and 40293 of
Public Law 103–322 notwithstanding any provision of
Public Law 104–91.
(TRANSFER OF FUNDS)
SEC. 211. The Director of the National Institutes of
Health may transfer funds made available for the National
Institutes of Health under Public Law 104–91 between
the Institutes, Centers, and the National Library of Medi-
cine to carry out the purposes of part D of title XXIII
of the Public Health Service Act, provided that no appro-
priation may be decreased by more than 2 percent by any
such transfers and that the Congress is promptly notified
of the transfer.
SEC. 212. In fiscal year 1996, the National Library
of Medicine may enter into personal services contracts for
the provision of services in facilities owned, operated, or
constructed under the jurisdiction of the National Insti-
tutes of Health.
344
SEC. 213. Notwithstanding section 106 of Public Law
104–91, appropriations for the National Institutes of
Health and the Centers for Disease Control and Preven-
tion shall be available for fiscal year 1996 as specified in
section 101 of Public Law 104–91.
This title may be cited as the ‘‘Department of Health
and Human Services Appropriations Act, 1996’’.
TITLE III—DEPARTMENT OF EDUCATION
EDUCATION REFORM
For carrying out activities authorized by titles II and
III of the School-to-Work Opportunities Act, $95,000,000
which shall become available on July 1, 1996, and remain
available through September 30, 1997.
EDUCATION FOR THE DISADVANTAGED
For carrying out title I of the Elementary and Sec-
ondary Education Act of 1965, and section 418A of the
Higher
Education
Act,
$6,049,113,000,
of
which
$6,032,774,000 shall become available on July 1, 1996
and shall remain available through September 30, 1997:
Provided, That $4,949,505,000 shall be available for basic
grants under section 1124, which shall be allocated with-
out regard to section 1124(d): Provided further, That up
to $3,500,000 of these funds shall be available to the Sec-
retary on October 1, 1995 and shall remain available
through September 30, 1997, to obtain updated local-edu-
345
cational-agency-level census poverty data from the Bureau
of the Census: Provided further, That $549,945,000 shall
be
available
for
concentration
grants
under
section
1124(A) and $3,370,000 shall be available for evaluations
under section 1501: Provided further, That no funds shall
be reserved under section 1003(a) of said Act.
IMPACT AID
For carrying out programs of financial assistance to
federally affected schools authorized by title VIII of the
Elementary and Secondary Education Act of 1965,
$693,000,000, of which $583,011,000 shall be for basic
support payments under section 8003(b), $40,000,000
shall be for payments for children with disabilities under
section 8003(d), $50,000,000, to remain available until
expended, shall be for payments under section 8003(f),
$5,000,000 shall be for construction under section 8007,
and $14,989,000 shall be for Federal property payments
under section 8002.
SCHOOL IMPROVEMENT PROGRAMS
For carrying out school improvement activities au-
thorized by titles II, IV–A–1, V–A, VI, section 7203, and
titles IX, X and XIII of the Elementary and Secondary
Education Act of 1965; the Stewart B. McKinney Home-
less Assistance Act; and the Civil Rights Act of 1964;
$946,227,000 of which $773,000,000 shall become avail-
346
able on July 1, 1996, and remain available through Sep-
tember 30, 1997: Provided, That of the amount appro-
priated, $275,000,000 shall be for Eisenhower profes-
sional development State grants under title II–B and
$275,000,000 shall be for innovative education program
strategies State grants under title VI–A: Provided further,
That not less than $3,000,000 shall be for innovative pro-
grams under section 5111.
BILINGUAL AND IMMIGRANT EDUCATION
For carrying out, to the extent not otherwise pro-
vided, bilingual and immigrant education activities author-
ized by title VII of the Elementary and Secondary Edu-
cation Act, $150,000,000 of which $50,000,000 shall be
for immigrant education programs authorized by part C:
Provided, That State educational agencies may use all, or
any part of, their part C allocation for competitive grants
to local educational agencies: Provided further, That the
Department of Education should only support instruc-
tional programs which ensure that students completely
master English in a timely fashion (a period of three to
five years) while meeting rigorous achievement standards
in the academic content areas: Provided further, That no
funds shall be available for subpart 3 of part A.
347
SPECIAL EDUCATION
For carrying out parts B, C, D, E, F, G, and H and
section 610(j)(2)(C) of the Individuals with Disabilities
Education Act, $3,245,447,000, of which $3,000,000,000
shall become available for obligation on July 1, 1996, and
shall remain available through September 30, 1997.
REHABILITATION SERVICES AND DISABILITY RESEARCH
For carrying out, to the extent not otherwise pro-
vided, the Rehabilitation Act of 1973, the Technology-Re-
lated Assistance for Individuals with Disabilities Act, and
the Helen Keller National Center Act, as amended,
$2,452,620,000, of which $4,500,000 shall be for employ-
ment-related activities of the 1996 Paralympic Games.
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.), $42,180,000: Provided,
That from the amount available, the Institute may at its
discretion use funds for the endowment program as au-
thorized under section 207.
348
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.), $77,629,000: Provided, That from the amount
available, the University may at its discretion use funds
for the endowment program as authorized under section
207.
VOCATIONAL AND ADULT EDUCATION
For carrying out, to the extent not otherwise pro-
vided, the Carl D. Perkins Vocational and Applied Tech-
nology Education Act, the Adult Education Act, and the
National Literacy Act of 1991, $1,257,134,000, of which
$4,869,000 shall be for the National Institute for Lit-
eracy; and of which $1,254,215,000 shall become available
on July 1, 1996 and shall remain available through Sep-
tember 30, 1997: Provided, That of the amounts made
available under the Carl D. Perkins Vocational and Ap-
plied Technology Education Act, $5,000,000 shall be for
national programs under title IV without regard to section
451 and $350,000 shall be for evaluations under section
346(b) of the Act.
349
STUDENT FINANCIAL ASSISTANCE
For carrying out subparts 1 and 3 of part A, part
C, and part E of title IV of the Higher Education Act
of 1965, as amended, $6,643,246,000, which shall remain
available through September 30, 1997: Provided, That
notwithstanding section 401(a)(1) of the Act, there shall
be not to exceed 3,650,000 Pell Grant recipients in award
year 1995–1996.
The maximum Pell Grant for which a student shall
be eligible during award year 1996–1997 shall be $2,440:
Provided, That notwithstanding section 401(g) of the Act,
as amended, if the Secretary determines, prior to publica-
tion of the payment schedule for award year 1996–1997,
that the $5,423,331,000 included within this appropria-
tion for Pell Grant awards for award year 1996–1997, and
any funds available from the fiscal year 1995 appropria-
tion for Pell Grant awards, are insufficient to satisfy fully
all such awards for which students are eligible, as cal-
culated 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 de-
termined in accordance with a schedule of reductions es-
tablished by the Secretary for this purpose.
350
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, $30,066,000.
HIGHER EDUCATION
For carrying out, to the extent not otherwise pro-
vided, parts A and B of title III, without regard to section
360(a)(1)(B)(ii), and part A of title IV, part E of title
V, parts A, B, and C of title VI, title VII, title IX, part
A and subpart 1 of part B of title X, part A of title XI
of the Higher Education Act of 1965, as amended, Public
Law 102–423 and the Mutual Educational and Cultural
Exchange
Act
of
1961;
$836,964,000,
of
which
$16,712,000 for interest subsidies under title VII of the
Higher Education Act, as amended, shall remain available
until expended.
HOWARD UNIVERSITY
For partial support of Howard University (20 U.S.C.
121 et seq.), $174,671,000.
HIGHER EDUCATION FACILITIES LOANS
The Secretary is hereby authorized to make such ex-
penditures, within the limits of funds available under this
heading and in accord with law, and to make such con-
tracts and commitments without regard to fiscal year limi-
tation, as provided by section 104 of the Government Cor-
351
poration Control Act (31 U.S.C. 9104), as may be nec-
essary in carrying out the program for the current fiscal
year.
COLLEGE HOUSING AND ACADEMIC FACILITIES LOANS
PROGRAM
For administrative expenses to carry out the existing
direct loan program of college housing and academic facili-
ties loans entered into pursuant to title VII, part C, of
the Higher Education Act, as amended, $700,000.
COLLEGE HOUSING LOANS
Pursuant to title VII, part C of the Higher Education
Act, as amended, for necessary expenses of the college
housing loans program, previously carried out under title
IV of the Housing Act of 1950, the Secretary shall make
expenditures and enter into contracts without regard to
fiscal year limitation using loan repayments and other re-
sources available to this account. Any unobligated bal-
ances becoming available from fixed fees paid into this ac-
count pursuant to 12 U.S.C. 1749d, relating to payment
of costs for inspections and site visits, shall be available
for the operating expenses of this account.
HISTORICALLY BLACK COLLEGE AND UNIVERSITY
CAPITAL FINANCING, PROGRAM ACCOUNT
The total amount of bonds insured pursuant to sec-
tion 724 of title VII, part B of the Higher Education Act
352
shall not exceed $357,000,000, and the cost, as defined
in section 502 of the Congressional Budget Act of 1974,
of such bonds shall not exceed zero.
For administrative expenses to carry out the Histori-
cally Black College and University Capital Financing Pro-
gram entered into pursuant to title VII, part B of the
Higher Education Act, as amended, $166,000.
EDUCATION RESEARCH, STATISTICS, AND IMPROVEMENT
For carrying out activities authorized by the Edu-
cational Research, Development, Dissemination, and Im-
provement Act; the National Education Statistics Act; sec-
tion 2102, parts A, B, C, and D of title III, parts A, B,
I, K, and section 10601 of title X, part C of title XIII
of the Elementary and Secondary Education Act of 1965,
as amended, and section 601 of Public Law 103–227,
$328,268,000: Provided, That $4,000,000 shall be for sec-
tion 10601 of the Elementary and Secondary Education
Act: Provided further, That $25,000,000 shall be for sec-
tion 3136 (K–12 technology learning challenges) of the El-
ementary and Secondary Education Act: Provided further,
That none of the funds appropriated in this paragraph
may be obligated or expended for the Goals 2000 Commu-
nity Partnerships Program.
354
HEADQUARTERS RENOVATION
For necessary expenses for the renovation of the De-
partment of Education headquarters building, $7,000,000,
to remain available until September 30, 1998.
GENERAL PROVISIONS
SEC. 301. No funds appropriated in this Act may be
used for the transportation of students or teachers (or for
the purchase of equipment for such transportation) in
order to overcome racial imbalance in any school or school
system, or for the transportation of students or teachers
(or for the purchase of equipment for such transportation)
in order to carry out a plan of racial desegregation of any
school or school system.
SEC. 302. None of the funds contained in this Act
shall be used to require, directly or indirectly, the trans-
portation of any student to a school other than the school
which is nearest the student’s home, except for a student
requiring special education, to the school offering such
special education, in order to comply with title VI of the
Civil Rights Act of 1964. For the purpose of this section
an indirect requirement of transportation of students in-
cludes the transportation of students to carry out a plan
involving the reorganization of the grade structure of
schools, the pairing of schools, or the clustering of schools,
or any combination of grade restructuring, pairing or clus-
355
tering. The prohibition described in this section does not
include the establishment of magnet schools.
SEC. 303. No funds appropriated under this Act may
be used to prevent the implementation of programs of vol-
untary prayer and meditation in the public schools.
SEC. 304. No funds appropriated under this Act shall
be made available for opportunity to learn standards or
strategies.
SEC. 305. Notwithstanding any other provision of
law, funds available under section 458 of the Higher Edu-
cation Act shall not exceed $260,000,000 for fiscal year
1996. The Department of Education shall use such funds
as follows: (i) $100,000,000 for the indirect administrative
expenses of the loan programs under part B and part D
of the Higher Education Act; (ii) $95,000,000 for admin-
istrative cost allowances owed to guaranty agencies for fis-
cal year 1995 estimated at $95,000,000; and (iii) adminis-
trative cost allowances to guaranty agencies, to be paid
quarterly, calculated on the basis of 0.85 percent of the
total principal amount of loans upon which insurance was
issued on or after October 1, 1995 by such guaranty agen-
cy. Receipt of such funds and uses of such funds by guar-
anty agencies shall be in accordance with section 428(f)
of the Higher Education Act.
356
Notwithstanding any other provision of law, for fiscal
year 1996 there shall be available to the Secretary from
funds not otherwise appropriated, funds to be obligated
for subsidy costs for the William D. Ford Direct Loan
Program which represent the estimated long-term cost to
the Federal Government of direct administrative expenses
calculated on a net present value basis.
Notwithstanding section 458 of the Higher Education
Act, the Secretary may not use funds available under that
section or any other section for subsequent fiscal years
for administrative expenses of the William D. Ford Direct
Loan Program. The Secretary may not require the return
of guaranty agency reserve funds during fiscal year 1996,
except after consultation with both the chairman and
ranking member of the House Economic and Educational
Opportunities Committee and the Senate Labor and
Human Resources Committee. Any reserve funds recov-
ered by the Secretary shall be returned to the Treasury
of the United States for purposes of reducing the Federal
debt.
No funds available to the Secretary may be used for
(1) marketing, advertising or promotion of the William D.
Ford Direct Loan Program, or for the hiring of advertis-
ing agencies or other third parties to provide advertising
services, or (2) payment of administrative fees relating to
357
the William D. Ford Direct Loan Program to institutions
of higher education, or (3) for purposes of conducting an
evaluation of the William D. Ford Direct Loan Program
except as administered by the Advisory Committee on Stu-
dent Financial Assistance.
Notwithstanding any other provision of law, for aca-
demic year 1996–1997 and for each succeeding academic
year, loans made under part D of the Higher Education
Act, including Federal Direct Consolidation Loans, shall
represent not more than 40 percent of the new student
loan volume for such year, except that the Secretary shall
not enter into an agreement with an eligible institution
that has not applied and been accepted for participation
in the direct loan program on or before September 30,
1995.
SEC. 306. None of the funds appropriated in this Act
may be obligated or expended to carry out sections 727,
932, and 1002 of the Higher Education Act of 1965, sec-
tion 621(b) of Public Law 101–589, the President’s Advi-
sory Commission on Educational Excellence for Hispanic
Americans, and the President’s Board of Advisors on His-
torically Black Colleges and Universities.
(TRANSFER OF FUNDS)
SEC. 307. Not to exceed 1 percent of any appropria-
tion made available for the current fiscal year for the De-
partment of Education in this Act may be transferred be-
358
tween such appropriations, but no such appropriation shall
be increased by more than 3 percent by any such trans-
fers: Provided, That the Appropriations Committees of
both Houses of Congress are notified at least fifteen days
in advance of any transfers.
This title may be cited as the ‘‘Department of Edu-
cation Appropriations Act, 1996’’.
TITLE IV—RELATED AGENCIES
ARMED FORCES RETIREMENT HOME
For expenses necessary for the Armed Forces Retire-
ment Home to operate and maintain the United States
Soldiers’ and Airmen’s Home and the United States Naval
Home, to be paid from funds available in the Armed
Forces Retirement Home Trust Fund, $55,971,000, of
which $1,954,000 shall remain available until expended
for construction and renovation of the physical plants at
the United States Soldiers’ and Airmen’s Home and the
United States Naval Home: Provided, That this appro-
priation shall not be available for the payment of hos-
pitalization of members of the Soldiers’ and Airmen’s
Home in United States Army hospitals at rates in excess
of those prescribed by the Secretary of the Army upon
recommendation of the Board of Commissioners and the
Surgeon General of the Army.
359
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, $196,270,000.
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 1998,
$250,000,000: Provided, That no funds made available to
the Corporation for Public Broadcasting by this Act shall
be used to pay for receptions, parties, or similar forms
of entertainment for Government officials or employees:
Provided further, That none of the funds contained in this
paragraph shall be available or used to aid or support any
program or activity from which any person is excluded,
or is denied benefits, or is discriminated against, on the
basis of race, color, national origin, religion, or sex.
FEDERAL MEDIATION AND CONCILIATION SERVICE
SALARIES AND EXPENSES
For expenses necessary for the Federal Mediation
and Conciliation Service to carry out the functions vested
360
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), $32,896,000
including $1,500,000, to remain available through Sep-
tember 30, 1997, 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 for special training activities up to full-cost recov-
ery shall be credited to and merged with this account, and
shall remain available until expended: Provided further,
That the Director of the Service is authorized to accept
on behalf of the United States gifts of services 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.),
$6,200,000.
361
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), $829,000.
NATIONAL COUNCIL ON DISABILITY
SALARIES AND EXPENSES
For expenses necessary for the National Council on
Disability as authorized by title IV of the Rehabilitation
Act of 1973, as amended, $1,793,000.
NATIONAL EDUCATION GOALS PANEL
For expenses necessary for the National Education
Goals Panel, as authorized by title II, part A of the Goals
2000: Educate America Act, $1,000,000.
NATIONAL LABOR RELATIONS BOARD
SALARIES AND EXPENSES
For expenses necessary for the National Labor Rela-
tions Board to carry out the functions vested in it by the
Labor-Management Relations Act, 1947, as amended (29
U.S.C. 141–167), and other laws, $167,245,000: Pro-
vided, That no part of this appropriation shall be available
to organize or assist in organizing agricultural laborers or
used in connection with investigations, hearings, direc-
362
tives, or orders concerning bargaining units composed of
agricultural laborers as referred to in section 2(3) of the
Act of July 5, 1935 (29 U.S.C. 152), and as amended
by the Labor-Management Relations Act, 1947, as amend-
ed, and as defined in section 3(f) of the Act of June 25,
1938 (29 U.S.C. 203), and including in said definition em-
ployees engaged in the maintenance and operation of
ditches, canals, reservoirs, and waterways when main-
tained or operated on a mutual, nonprofit basis and at
least 95 per centum of the water stored or supplied there-
by is used for farming purposes: Provided further, That
no part of this appropriation may be used by the National
Labor Relations Board to petition a United States district
court for temporary relief or a restraining order as de-
scribed under section 10(j) of the National Labor Rela-
tions Act unless there is a reasonable likelihood of success
on the merits of the complaint that an unfair labor prac-
tice has occurred, there is a possibility of irreparable harm
if such relief is not granted, a balancing of hardships fa-
vors injunctive relief, and harm to the public interest
stemming from injunctive relief is tolerable in light of the
benefits achieved by such relief.
363
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, $7,837,000.
OCCUPATIONAL SAFETY AND HEALTH REVIEW
COMMISSION
SALARIES AND EXPENSES
For expenses necessary for the Occupational Safety
and
Health
Review
Commission
(29
U.S.C.
661),
$8,100,000.
PHYSICIAN PAYMENT REVIEW COMMISSION
SALARIES AND EXPENSES
For expenses necessary to carry out section 1845(a)
of the Social Security Act, $2,923,000, to be transferred
to this appropriation from the Federal Supplementary
Medical Insurance Trust Fund.
PROSPECTIVE PAYMENT ASSESSMENT COMMISSION
SALARIES AND EXPENSES
For expenses necessary to carry out section 1886(e)
of the Social Security Act, $3,267,000, to be transferred
to this appropriation from the Federal Hospital Insurance
and the Federal Supplementary Medical Insurance Trust
Funds.
364
SOCIAL SECURITY ADMINISTRATION
PAYMENTS TO SOCIAL SECURITY TRUST FUNDS
For payment to the Federal Old-Age and Survivors
Insurance and the Federal Disability Insurance trust
funds, as provided under sections 201(m), 228(g), and
1131(b)(2) of the Social Security Act, $22,641,000.
In addition, to reimburse these trust funds for admin-
istrative expenses to carry out sections 9704 and 9706 of
the Internal Revenue Code of 1986, $10,000,000, to re-
main available until expended.
SPECIAL BENEFITS FOR DISABLED COAL MINERS
For carrying out title IV of the Federal Mine Safety
and Health Act of 1977, $485,396,000, to remain avail-
able until expended.
For making, after July 31 of the current fiscal year,
benefit payments to individuals under title IV of the Fed-
eral Mine Safety and Health Act of 1977, for costs in-
curred in the current fiscal year, such amounts as may
be necessary.
For making benefit payments under title IV of the
Federal Mine Safety and Health Act of 1977 for the first
quarter of fiscal year 1997, $170,000,000, to remain
available until expended.
365
SUPPLEMENTAL SECURITY INCOME PROGRAM
For carrying out titles XI and XVI of the Social Se-
curity Act, section 401 of Public Law 92–603, section 212
of Public Law 93–66, as amended, and section 405 of
Public Law 95–216, including payment to the Social Secu-
rity trust funds for administrative expenses incurred pur-
suant to section 201(g)(1) of the Social Security Act,
$18,753,834,000, to remain available until expended: Pro-
vided, That any portion of the funds provided to a State
in the current fiscal year and not obligated by the State
during that year shall be returned to the Treasury.
For making, after June 15 of the current fiscal year,
benefit payments to individuals under title XVI of the So-
cial Security Act, for unanticipated costs incurred for the
current fiscal year, such sums as may be necessary.
For carrying out title XVI of the Social Security Act
for the first quarter of fiscal year 1997, $9,260,000,000,
to remain available until expended.
LIMITATION ON ADMINISTRATIVE EXPENSES
For necessary expenses, including the hire of two me-
dium size passenger motor vehicles, and not to exceed
$10,000 for official reception and representation expenses,
not more than $5,164,268,000 may be expended, as au-
thorized by section 201(g)(1) of the Social Security Act
or as necessary to carry out sections 9704 and 9706 of
366
the Internal Revenue Code of 1986 from any one or all
of the trust funds referred to therein: Provided, That reim-
bursement to the trust funds under this heading for ad-
ministrative expenses to carry out sections 9704 and 9706
of the Internal Revenue Code of 1986 shall be made, with
interest, not later than September 30, 1997.
In addition to funding already available under this
heading, and subject to the same terms and conditions,
$407,000,000, for disability caseload processing.
In addition to funding already available under this
heading, and subject to the same terms and conditions,
$228,000,000, which shall remain available until ex-
pended, to invest in a state-of-the-art computing network,
including related equipment and administrative expenses
associated solely with this network, for the Social Security
Administration and the State Disability Determination
Services, may be expended from any or all of the trust
funds as authorized by section 201(g)(1) of the Social
Security Act.
OFFICE OF INSPECTOR GENERAL
For expenses necessary for the Office of Inspector
General in carrying out the provisions of the Inspector
General Act of 1978, as amended, $4,816,000, together
with not to exceed $21,076,000, to be transferred and ex-
pended as authorized by section 201(g)(1) of the Social
Security Act from the Federal Old-Age and Survivors In-
367
surance Trust Fund and the Federal Disability Insurance
Trust Fund.
RAILROAD RETIREMENT BOARD
DUAL BENEFITS PAYMENTS ACCOUNT
For payment to the Dual Benefits Payments Ac-
count, authorized under section 15(d) of the Railroad Re-
tirement Act of 1974, $239,000,000, which shall include
amounts becoming available in fiscal year 1996 pursuant
to section 224(c)(1)(B) of Public Law 98–76; and in addi-
tion, an amount, not to exceed 2 percent of the amount
provided herein, shall be available proportional to the
amount by which the product of recipients and the average
benefit received exceeds $239,000,000: Provided, That the
total amount provided herein shall be credited in 12 ap-
proximately equal amounts on the first day of each month
in the fiscal year.
FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT
ACCOUNTS
For payment to the accounts established in the
Treasury for the payment of benefits under the Railroad
Retirement Act for interest earned on unnegotiated
checks, $300,000, to remain available through September
30, 1997, which shall be the maximum amount available
for payment pursuant to section 417 of Public Law
98–76.
368
LIMITATION ON ADMINISTRATION
For necessary expenses for the Railroad Retirement
Board, $73,561,000, to be derived from the railroad re-
tirement accounts.
LIMITATION ON RAILROAD UNEMPLOYMENT INSURANCE
ADMINISTRATION FUND
For further expenses necessary for the Railroad Re-
tirement Board, for administration of the Railroad Unem-
ployment Insurance Act, not less than $17,255,000 shall
be apportioned for fiscal year 1996 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, $659,000, to be derived from the rail-
road retirement accounts and railroad unemployment in-
surance account: Provided, That these funds shall supple-
ment, not supplant, existing resources devoted to such op-
erations and improvements.
LIMITATION ON THE OFFICE OF INSPECTOR GENERAL
For expenses necessary for the Office of Inspector
General for audit, investigatory and review activities, as
authorized by the Inspector General Act of 1978, as
amended, not more than $5,673,000, to be derived from
369
the railroad retirement accounts and railroad unemploy-
ment insurance account.
UNITED STATES INSTITUTE OF PEACE
OPERATING EXPENSES
For necessary expenses of the United States Institute
of Peace as authorized in the United States Institute of
Peace Act, $11,500,000.
TITLE V—GENERAL PROVISIONS
SEC. 501. The Secretaries of Labor, Health and
Human Services, and Education are authorized to transfer
unexpended balances of prior appropriations to accounts
corresponding to current appropriations provided in this
Act: Provided, That such transferred balances are used for
the same purpose, and for the same periods of time, for
which they were originally appropriated.
SEC. 502. No part of any appropriation contained in
this Act shall remain available for obligation beyond the
current fiscal year unless expressly so provided herein.
SEC. 503. (a) No part of any appropriation contained
in this Act shall be used, other than for normal and recog-
nized executive-legislative relationships, for publicity or
propaganda purposes, for the preparation, distribution, or
use of any kit, pamphlet, booklet, publication, radio, tele-
vision, or film presentation designed to support or defeat
370
legislation pending before the Congress, except in presen-
tation to the Congress itself.
(b) No part of any appropriation contained in this
Act shall be used to pay the salary or expenses of any
grant or contract recipient, or agent acting for such recipi-
ent, related to any activity designed to influence legislation
or appropriations pending before the Congress.
SEC. 504. The Secretaries of Labor and Education
are each authorized to make available not to exceed
$15,000 from funds available for salaries and expenses
under titles I and III, respectively, for official reception
and representation expenses; the Director of the Federal
Mediation and Conciliation Service is authorized to make
available for official reception and representation expenses
not to exceed $2,500 from the funds available for ‘‘Sala-
ries and expenses, Federal Mediation and Conciliation
Service’’; and the Chairman of the National Mediation
Board is authorized to make available for official reception
and representation expenses not to exceed $2,500 from
funds available for ‘‘Salaries and expenses, National Medi-
ation Board’’.
SEC. 505. Notwithstanding any other provision of
this Act, no funds appropriated under this Act shall be
used to carry out any program of distributing sterile nee-
dles for the hypodermic injection of any illegal drug unless
371
the Secretary of Health and Human Services determines
that such programs are effective in preventing the spread
of HIV and do not encourage the use of illegal drugs.
SEC.
506.
(a)
PURCHASE
OF
AMERICAN-MADE
EQUIPMENT AND PRODUCTS.—It is the sense of the Con-
gress that, to the greatest extent practicable, all equip-
ment and products purchased with funds made available
in this Act should be American-made.
(b) NOTICE REQUIREMENT.—In providing financial
assistance to, or entering into any contract with, any en-
tity using funds made available in this Act, the head of
each Federal agency, to the greatest extent practicable,
shall provide to such entity a notice describing the state-
ment made in subsection (a) by the Congress.
SEC. 507. When issuing statements, press releases,
requests for proposals, bid solicitations and other docu-
ments describing projects or programs funded in whole or
in part with Federal money, all grantees receiving Federal
funds, including but not limited to State and local govern-
ments and recipients of Federal research grants, shall
clearly state (1) the percentage of the total costs of the
program or project which will be financed with Federal
money, (2) the dollar amount of Federal funds for the
project or program, and (3) percentage and dollar amount
372
of the total costs of the project or program that will be
financed by nongovernmental sources.
SEC. 508. None of the funds appropriated under this
Act shall be expended for any abortion except when it is
made known to the Federal entity or official to which
funds are appropriated under this Act that such procedure
is necessary to save the life of the mother or that the preg-
nancy is the result of an act of rape or incest.
SEC. 509. Effective October 1, 1993, and applicable
thereafter, and notwithstanding any other law, each State
is and remains free not to fund abortions to the extent
that the State in its sole discretion deems appropriate, ex-
cept where the life of the mother would be endangered if
the fetus were carried to term.
SEC. 510. Notwithstanding any other provision of
law—
(1) no amount may be transferred from an ap-
propriation account for the Departments of Labor,
Health and Human Services, and Education except
as authorized in this or any subsequent appropria-
tion act, or in the Act establishing the program or
activity for which funds are contained in this Act;
(2) no department, agency, or other entity,
other than the one responsible for administering the
program or activity for which an appropriation is
373
made in this Act, may exercise authority for the tim-
ing of the obligation and expenditure of such appro-
priation, or for the purposes for which it is obligated
and expended, except to the extent and in the man-
ner otherwise provided in sections 1512 and 1513 of
title 31, United States Code; and
(3) no funds provided under this Act shall be
available for the salary (or any part thereof) of an
employee who is reassigned on a temporary detail
basis to another position in the employing agency or
department or in any other agency or department,
unless the detail is independently approved by the
head of the employing department or agency.
SEC. 511. LIMITATION ON USE OF FUNDS.—None
of the funds made available in this Act may be used for
the expenses of an electronic benefit transfer (EBT) task
force.
SEC. 512. 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.
374
SEC. 513. None of the funds made available in this
Act may be used for Pell Grants under subpart 1 of part
A of title IV of the Higher Education Act of 1965 to stu-
dents attending an institution of higher education that is
ineligible to participate in a loan program under such title
as a result of a default determination under section
435(a)(2) of such Act, unless such institution has a par-
ticipation rate index (as defined at 34 CFR 668.17) that
is less than or equal to 0.0375.
SEC. 514. (a) HIGH COST TRAINING EXCEPTION.—
Section 428H(d)(2) of the Higher Education Act of 1965
(20 U.S.C. 1078–8(d)(2)) is amended by striking out the
period at the end thereof and inserting in lieu thereof a
semicolon and the following: ‘‘except in cases where the
Secretary determines that a higher amount is warranted
in order to carry out the purpose of this part with respect
to students engaged in specialized training requiring ex-
ceptionally high costs of education, but the annual insur-
able limit per student shall not be deemed to be exceeded
by a line of credit under which actual payments by the
lender to the borrower will not be made in any years in
excess of the annual limit.’’.
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) shall be effective for loans made to cover
375
the cost of instruction for periods of enrollment beginning
on or after July 1, 1996.
SEC. 515. None of the funds made available in this
Act may be used to carry out any Federal program, or
to provide financial assistance to any State, when it is
made known to the Federal official having authority to
obligate or expend such funds that—
(1) such Federal program or State subject any
health care entity to discrimination on the basis
that—
(A) the entity refuses to undergo training
in the performance of induced abortions, to pro-
vide such training, to perform such abortions,
or to provide referrals for such abortions;
(B) the entity refuses to make arrange-
ments for any of the activities specified in sub-
paragraph (A); or
(C) the entity attends (or attended) a post-
graduate physician training program, or any
other program of training in the health profes-
sions, that does not (or did not) require or pro-
vide training in the performance of induced
abortions, or make arrangements for the provi-
sion of such training; or
376
(2) in granting a legal status to a health care
entity (including a license or certificate), or in pro-
viding to the entity financial assistance, a service, or
another benefit, such Federal program or State re-
quire that the entity be an accredited postgraduate
physician training program, or that the entity have
completed or be attending such a program, if the ap-
plicable standards for accreditation of the program
include the standard that the program must require
or provide training in the performance of induced
abortions, or make arrangements for the provision of
such training.
EXTENSION OF PERIOD OF HOME HEALTH AGENCY
RECERTIFICATION SURVEYS
SEC. 516. Section 1891(c)(2)(A) of the Social Secu-
rity Act (42 U.S.C. 1395bbb(c)(2)(A)) is amended—
(1) by striking ‘‘15 months’’ and inserting ‘‘36
months’’, and
(2) by striking the second sentence and insert-
ing the following: ‘‘The Secretary shall establish a
frequency for surveys of home health agencies within
this 36-month interval commensurate with the need
to assure the delivery of quality home health serv-
ices.’’.
377
TITLE VI—ADDITIONAL APPROPRIATIONS
SEC. 601. In addition to amounts otherwise provided
in this Act, the following amounts are hereby appropriated
as specified for the following appropriation accounts:
Health Care Financing Administration, ‘‘Program Man-
agement’’, $396,000,000; Office of the Secretary, ‘‘Office
of Inspector General’’, $43,000,000; and Social Security
Administration,
‘‘Limitation
on
Administrative
Ex-
penses’’, $111,000,000.
SEC. 602. Appropriations and funds made available
pursuant to section 601 of this Act shall be available until
enactment into law of a subsequent appropriation for fis-
cal year 1996 for any project or activity provided for in
section 601.
This Act may be cited as the ‘‘Departments of Labor,
Health and Human Services, and Education, and Related
Agencies Appropriations Act, 1996’’.
(d) Such amounts as may be necessary for programs,
projects or activities provided for in the Departments of
Veterans Affairs and Housing and Urban Development,
and Independent Agencies Appropriations Act, 1996, at
a rate of operations and to the extent and in the manner
provided for, the provisions of such Act to be effective as
if it had been enacted into law as the regular appropria-
tions Act, as follows:
378
AN ACT
Making appropriations for the Departments of Veter-
ans Affairs and Housing and Urban Development, and for
sundry independent agencies, boards, commissions, cor-
porations, and offices for the fiscal year ending September
30, 1996, and for other purposes.
TITLE I
DEPARTMENT OF VETERANS AFFAIRS
VETERANS BENEFITS ADMINISTRATION
COMPENSATION AND PENSIONS
(INCLUDING TRANSFER OF FUNDS)
For the payment of compensation benefits to or on
behalf of veterans as authorized by law (38 U.S.C. 107,
chapters 11, 13, 51, 53, 55, and 61); pension benefits to
or on behalf of veterans as authorized by law (38 U.S.C.
chapters 15, 51, 53, 55, and 61; 92 Stat. 2508); and bur-
ial benefits, emergency and other officers’ retirement pay,
adjusted-service credits and certificates, payment of pre-
miums due on commercial life insurance policies guaran-
teed under the provisions of Article IV of the Soldiers’
and Sailors’ Civil Relief Act of 1940, as amended, and
for other benefits as authorized by law (38 U.S.C. 107,
1312, 1977, and 2106, chapters 23, 51, 53, 55, and 61;
50 U.S.C. App. 540–548; 43 Stat. 122, 123; 45 Stat. 735;
76 Stat. 1198); $18,331,561,000, to remain available
until expended: Provided, That not to exceed $25,180,000
379
of the amount appropriated shall be reimbursed to ‘‘Gen-
eral operating expenses’’ and ‘‘Medical care’’ for necessary
expenses in implementing those provisions authorized in
the Omnibus Budget Reconciliation Act of 1990, and in
the Veterans’ Benefits Act of 1992 (38 U.S.C. chapters
51, 53, and 55), the funding source for which is specifi-
cally provided as the ‘‘Compensation and pensions’’ appro-
priation: Provided further, That such sums as may be
earned on an actual qualifying patient basis, shall be reim-
bursed to ‘‘Medical facilities revolving fund’’ to augment
the funding of individual medical facilities for nursing
home care provided to pensioners as authorized by the
Veterans’ Benefits Act of 1992 (38 U.S.C. chapter 55):
Provided further, That $12,000,000 previously transferred
from ‘‘Compensation and pensions’’ to ‘‘Medical facilities
revolving fund’’ shall be transferred to this heading.
READJUSTMENT BENEFITS
For the payment of readjustment and rehabilitation
benefits to or on behalf of veterans as authorized by law
(38 U.S.C. chapters 21, 30, 31, 34, 35, 36, 39, 51, 53,
55, and 61), $1,345,300,000, to remain available until ex-
pended: Provided, That funds shall be available to pay any
court order, court award or any compromise settlement
arising from litigation involving the vocational training
program authorized by section 18 of Public Law 98–77,
as amended.
380
VETERANS INSURANCE AND INDEMNITIES
For military and naval insurance, national service life
insurance, servicemen’s indemnities, service-disabled vet-
erans insurance, and veterans mortgage life insurance as
authorized by law (38 U.S.C. chapter 19; 70 Stat. 887;
72 Stat. 487), $24,890,000, to remain available until ex-
pended.
GUARANTY AND INDEMNITY PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For the cost of direct and guaranteed loans, such
sums as may be necessary to carry out the purpose of the
program, as authorized by 38 U.S.C. chapter 37, as
amended: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502
of the Congressional Budget Act of 1974, as amended.
In addition, for administrative expenses to carry out
the direct and guaranteed loan programs, $65,226,000,
which may be transferred to and merged with the appro-
priation for ‘‘General operating expenses’’.
LOAN GUARANTY PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For the cost of direct and guaranteed loans, such
sums as may be necessary to carry out the purpose of the
program, as authorized by 38 U.S.C. chapter 37, as
amended: Provided, That such costs, including the cost of
381
modifying such loans, shall be as defined in section 502
of the Congressional Budget Act of 1974, as amended.
In addition, for administrative expenses to carry out
the direct and guaranteed loan programs, $52,138,000,
which may be transferred to and merged with the appro-
priation for ‘‘General operating expenses’’.
DIRECT LOAN PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For the cost of direct loans, such sums as may be
necessary to carry out the purpose of the program, as au-
thorized by 38 U.S.C. chapter 37, as amended: Provided,
That such costs, including the cost of modifying such
loans, shall be as defined in section 502 of the Congres-
sional Budget Act of 1974, as amended: Provided further,
That during 1996, within the resources available, not to
exceed $300,000 in gross obligations for direct loans are
authorized for specially adapted housing loans (38 U.S.C.
chapter 37).
In addition, for administrative expenses to carry out
the direct loan program, $459,000, which may be trans-
ferred to and merged with the appropriation for ‘‘General
operating expenses’’.
EDUCATION LOAN FUND PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For the cost of direct loans, $1,000, as authorized
by 38 U.S.C. 3698, as amended: Provided, That such
382
costs, including the cost of modifying such loans, shall be
as defined in section 502 of the Congressional Budget Act
of 1974, as amended: Provided further, That these funds
are available to subsidize gross obligations for the prin-
cipal amount of direct loans not to exceed $4,000.
In addition, for administrative expenses necessary to
carry out the direct loan program, $195,000, which may
be transferred to and merged with the appropriation for
‘‘General operating expenses’’.
VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For the cost of direct loans, $54,000, as authorized
by 38 U.S.C. chapter 31, as amended: Provided, That such
costs, including the cost of modifying such loans, shall be
as defined in section 502 of the Congressional Budget Act
of 1974, as amended: Provided further, That these funds
are available to subsidize gross obligations for the prin-
cipal amount of direct loans not to exceed $1,964,000.
In addition, for administrative expenses necessary to
carry out the direct loan program, $377,000, which may
be transferred to and merged with the appropriation for
‘‘General operating expenses’’.
383
NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM
ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For administrative expenses to carry out the direct
loan program authorized by 38 U.S.C. chapter 37, sub-
chapter V, as amended, $205,000, which may be trans-
ferred to and merged with the appropriation for ‘‘General
operating expenses’’.
VETERANS HEALTH ADMINISTRATION
MEDICAL CARE
For necessary expenses for the maintenance and op-
eration of hospitals, nursing homes, and domiciliary facili-
ties; for furnishing, as authorized by law, inpatient and
outpatient care and treatment to beneficiaries of the De-
partment of Veterans Affairs, including care and treat-
ment in facilities not under the jurisdiction of the Depart-
ment of Veterans Affairs, and furnishing recreational fa-
cilities, supplies, and equipment; funeral, burial, and other
expenses incidental thereto for beneficiaries receiving care
in Department of Veterans Affairs facilities; administra-
tive expenses in support of planning, design, project man-
agement, real property acquisition and disposition, con-
struction and renovation of any facility under the jurisdic-
tion or for the use of the Department of Veterans Affairs;
oversight, engineering and architectural activities not
charged to project cost; repairing, altering, improving or
384
providing facilities in the several hospitals and homes
under the jurisdiction of the Department of Veterans Af-
fairs, not otherwise provided for, either by contract or by
the hire of temporary employees and purchase of mate-
rials; uniforms or allowances therefor, as authorized by
law (5 U.S.C. 5901–5902); aid to State homes as author-
ized by law (38 U.S.C. 1741); and not to exceed
$8,000,000 to fund cost comparison studies as referred
to in 38 U.S.C. 8110(a)(5); $16,564,000,000, plus reim-
bursements: Provided, That of the funds made available
under this heading, $789,000,000 is for the equipment
and land and structures object classifications only, which
amount shall not become available for obligation until Au-
gust 1, 1996, and shall remain available for obligation
until September 30, 1997.
MEDICAL AND PROSTHETIC RESEARCH
For necessary expenses in carrying out programs of
medical and prosthetic research and development as au-
thorized by law (38 U.S.C. chapter 73), to remain avail-
able until September 30, 1997, $257,000,000, plus reim-
bursements.
MEDICAL ADMINISTRATION AND MISCELLANEOUS
OPERATING EXPENSES
For necessary expenses in the administration of the
medical, hospital, nursing home, domiciliary, construction,
supply, and research activities, as authorized by law; ad-
385
ministrative expenses in support of planning, design,
project management, architectural, engineering, real prop-
erty acquisition and disposition, construction and renova-
tion of any facility under the jurisdiction or for the use
of the Department of Veterans Affairs, including site ac-
quisition; engineering and architectural activities not
charged to project cost; and research and development in
building construction technology; $63,602,000, plus reim-
bursements.
TRANSITIONAL HOUSING LOAN PROGRAM
(INCLUDING TRANSFER OF FUNDS)
For the cost of direct loans, $7,000, as authorized
by Public Law 102–54, section 8, which shall be trans-
ferred from the ‘‘General post fund’’: Provided, That such
costs, including the cost of modifying such loans, shall be
as defined in section 502 of the Congressional Budget Act
of 1974, as amended: Provided further, That these funds
are available to subsidize gross obligations for the prin-
cipal amount of direct loans not to exceed $70,000. In ad-
dition, for administrative expenses to carry out the direct
loan program, $54,000, which shall be transferred from
the ‘‘General post fund’’, as authorized by Public Law
102–54, section 8.
386
DEPARTMENTAL ADMINISTRATION
GENERAL OPERATING EXPENSES
For necessary operating expenses of the Department
of Veterans Affairs, not otherwise provided for, including
uniforms or allowances therefor, as authorized by law; not
to exceed $25,000 for official reception and representation
expenses; hire of passenger motor vehicles; and reimburse-
ment of the General Services Administration for security
guard services, and the Department of Defense for the
cost of overseas employee mail; $848,143,000: Provided,
That of the amount appropriated and any other funds
made available from any other source for activities funded
under this heading, except reimbursements, not to exceed
$214,109,000 shall be available for General Administra-
tion; including not to exceed (1) $2,766,000 for personnel
compensation and benefits and $50,000 for travel in the
Office of the Secretary, (2) $4,397,000 for personnel com-
pensation and benefits and $75,000 for travel in the Office
of the Assistant Secretary for Policy and Planning, (3)
$1,980,000 for personnel compensation and benefits and
$33,000 for travel in the Office of the Assistant Secretary
for Congressional Affairs, and (4) $3,740,000 for person-
nel compensation and benefits and $100,000 for travel in
the Office of Assistant Secretary for Public and Intergov-
ernmental Affairs: Provided further, That during fiscal
387
year 1996, notwithstanding any other provision of law, the
number of individuals employed by the Department of Vet-
erans Affairs (1) in other than ‘‘career appointee’’ posi-
tions in the Senior Executive Service shall not exceed 6,
and (2) in schedule C positions shall not exceed 11: Pro-
vided further, That not to exceed $6,000,000 of the
amount appropriated shall be available for administrative
expenses to carry out the direct and guaranteed loan pro-
grams under the Loan Guaranty Program Account: Pro-
vided further, That funds under this heading shall be avail-
able to administer the Service Members Occupational Con-
version and Training Act: Provided further, That none of
the funds under this heading may be obligated or ex-
pended for the acquisition of automated data processing
equipment and services for Department of Veterans Af-
fairs regional offices to support Stage III of the automated
data equipment modernization program of the Veterans
Benefits Administration.
NATIONAL CEMETERY SYSTEM
For necessary expenses for the maintenance and op-
eration of the National Cemetery System not otherwise
provided for, including uniforms or allowances therefor, as
authorized by law; cemeterial expenses as authorized by
law; purchase of three passenger motor vehicles, for use
in cemeterial operations; and hire of passenger motor vehi-
cles, $72,604,000.
388
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector
General in carrying out the provisions of the Inspector
General Act of 1978, as amended, $30,900,000.
CONSTRUCTION, MAJOR PROJECTS
(INCLUDING TRANSFER OF FUNDS)
For constructing, altering, extending and improving
any of the facilities under the jurisdiction or for the use
of the Department of Veterans Affairs, or for any of the
purposes set forth in sections 316, 2404, 2406, 8102,
8103, 8106, 8108, 8109, 8110, and 8122 of title 38,
United States Code, including planning, architectural and
engineering services, maintenance or guarantee period
services costs associated with equipment guarantees pro-
vided under the project, services of claims analysts, offsite
utility and storm drainage system construction costs, and
site acquisition, where the estimated cost of a project is
$3,000,000 or more or where funds for a project were
made available in a previous major project appropriation,
$136,155,000, to remain available until expended: Pro-
vided, That except for advance planning of projects funded
through the advance planning fund and the design of
projects funded through the design fund, none of these
funds shall be used for any project which has not been
considered and approved by the Congress in the budgetary
process: Provided further, That funds provided in this ap-
389
propriation for fiscal year 1996, for each approved project
shall be obligated (1) by the awarding of a construction
documents contract by September 30, 1996, and (2) by
the awarding of a construction contract by September 30,
1997: Provided further, That the Secretary shall promptly
report in writing to the Comptroller General and to the
Committees on Appropriations any approved major con-
struction project in which obligations are not incurred
within the time limitations established above; and the
Comptroller General shall review the report in accordance
with the procedures established by section 1015 of the Im-
poundment Control Act of 1974 (title X of Public Law
93–344): Provided further, That no funds from any other
account except the ‘‘Parking revolving fund’’, may be obli-
gated for constructing, altering, extending, or improving
a project which was approved in the budget process and
funded in this account until one year after substantial
completion and beneficial occupancy by the Department
of Veterans Affairs of the project or any part thereof with
respect to that part only: Provided further, That of the
funds made available under this heading in Public Law
103–327, $7,000,000 shall be transferred to the ‘‘Parking
revolving fund’’.
CONSTRUCTION, MINOR PROJECTS
For constructing, altering, extending, and improving
any of the facilities under the jurisdiction or for the use
390
of the Department of Veterans Affairs, including plan-
ning, architectural and engineering services, maintenance
or guarantee period services costs associated with equip-
ment guarantees provided under the project, services of
claims analysts, offsite utility and storm drainage system
construction costs, and site acquisition, or for any of the
purposes set forth in sections 316, 2404, 2406, 8102,
8103, 8106, 8108, 8109, 8110, and 8122 of title 38,
United States Code, where the estimated cost of a project
is less than $3,000,000, $190,000,000, to remain avail-
able until expended, along with unobligated balances of
previous ‘‘Construction, minor projects’’ appropriations
which are hereby made available for any project where the
estimated cost is less than $3,000,000: Provided, That
funds in this account shall be available for (1) repairs to
any of the nonmedical facilities under the jurisdiction or
for the use of the Department of Veterans Affairs which
are necessary because of loss or damage caused by any
natural disaster or catastrophe, and (2) temporary meas-
ures necessary to prevent or to minimize further loss by
such causes.
PARKING REVOLVING FUND
For the parking revolving fund as authorized by law
(38 U.S.C. 8109), income from fees collected, to remain
available until expended. Resources of this fund shall be
available for all expenses authorized by 38 U.S.C. 8109
391
except operations and maintenance costs which will be
funded from ‘‘Medical care’’.
GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE
FACILITIES
For grants to assist the several States to acquire or
construct State nursing home and domiciliary facilities
and to remodel, modify or alter existing hospital, nursing
home and domiciliary facilities in State homes, for furnish-
ing care to veterans as authorized by law (38 U.S.C.
8131–8137), $47,397,000, to remain available until ex-
pended.
GRANTS FOR THE CONSTRUCTION OF STATE VETERANS
CEMETERIES
For grants to aid States in establishing, expanding,
or improving State veteran cemeteries as authorized by
law (38 U.S.C. 2408), $1,000,000, to remain available
until September 30, 1998.
ADMINISTRATIVE PROVISIONS
(INCLUDING TRANSFER OF FUNDS)
SEC. 101. Any appropriation for 1996 for ‘‘Com-
pensation and pensions’’, ‘‘Readjustment benefits’’, and
‘‘Veterans insurance and indemnities’’ may be transferred
to any other of the mentioned appropriations.
SEC. 102. Appropriations available to the Depart-
ment of Veterans Affairs for 1996 for salaries and ex-
392
penses shall be available for services as authorized by 5
U.S.C. 3109.
SEC. 103. No part of the appropriations in this Act
for the Department of Veterans Affairs (except the appro-
priations for ‘‘Construction, major projects’’, ‘‘Construc-
tion, minor projects’’, and the ‘‘Parking revolving fund’’)
shall be available for the purchase of any site for or toward
the construction of any new hospital or home.
SEC. 104. No part of the foregoing appropriations
shall be available for hospitalization or examination of any
persons except beneficiaries entitled under the laws be-
stowing such benefits to veterans, unless reimbursement
of cost is made to the appropriation at such rates as may
be fixed by the Secretary of Veterans Affairs.
SEC. 105. Appropriations available to the Depart-
ment of Veterans Affairs for fiscal year 1996 for ‘‘Com-
pensation and pensions’’, ‘‘Readjustment benefits’’, and
‘‘Veterans insurance and indemnities’’ shall be available
for payment of prior year accrued obligations required to
be recorded by law against the corresponding prior year
accounts within the last quarter of fiscal year 1995.
SEC. 106. Appropriations accounts available to the
Department of Veterans Affairs for fiscal year 1996 shall
be available to pay prior year obligations of corresponding
prior year appropriations accounts resulting from title X
393
of the Competitive Equality Banking Act, Public Law
100–86, except that if such obligations are from trust
fund accounts they shall be payable from ‘‘Compensation
and pensions’’.
SEC. 107. Notwithstanding any other provision of
law, the Secretary of Veterans Affairs is authorized to
transfer, without compensation or reimbursement, the ju-
risdiction and control of a parcel of land consisting of ap-
proximately 6.3 acres, located on the south edge of the
Department of Veterans Affairs Medical and Regional Of-
fice Center, Wichita, Kansas, including buildings Nos. 8
and 30 and other improvements thereon, to the Secretary
of Transportation for the purpose of expanding and mod-
ernizing United States Highway 54: Provided, That if nec-
essary, the exact acreage and legal description of the real
property transferred shall be determined by a survey satis-
factory to the Secretary of Veterans Affairs and the Sec-
retary of Transportation shall bear the cost of such sur-
vey: Provided further, That the Secretary of Transpor-
tation shall be responsible for all costs associated with the
transferred land and improvements thereon, and compli-
ance with all existing statutes and regulations: Provided
further, That the Secretary of Veterans Affairs and the
Secretary of Transportation may require such additional
394
terms and conditions as each Secretary considers appro-
priate to effectuate this transfer of land.
TITLE II
DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT
HOUSING PROGRAMS
ANNUAL CONTRIBUTIONS FOR ASSISTED HOUSING
For assistance under the United States Housing Act
of 1937, as amended (‘‘the Act’’ herein) (42 U.S.C. 1437),
not otherwise provided for, $10,155,795,000, to remain
available until expended: Provided, That of the total
amount provided under this head, $160,000,000 shall be
for the development or acquisition cost of public housing
for Indian families, including amounts for housing under
the mutual help homeownership opportunity program
under section 202 of the Act (42 U.S.C. 1437bb): Pro-
vided further, That of the total amount provided under
this head, $2,500,000,000 shall be for modernization of
existing public housing projects pursuant to section 14 of
the Act (42 U.S.C. 1437l), including up to $20,000,000
for the inspection of public housing units, contract exper-
tise, and training and technical assistance, directly or indi-
rectly, under grants, contracts, or cooperative agreements,
to assist in the oversight and management of public and
Indian housing (whether or not the housing is being mod-
395
ernized with assistance under this proviso) or tenant-based
assistance, including, but not limited to, an annual resi-
dent survey, data collection and analysis, training and
technical assistance by or to officials and employees of the
Department and of public housing agencies and to resi-
dents in connection with the public and Indian housing
program: Provided further, That of the total amount pro-
vided under this head, $400,000,000 shall be for rental
subsidy contracts under the section 8 existing housing cer-
tificate program and the housing voucher program under
section 8 of the Act, except that such amounts shall be
used only for units necessary to provide housing assistance
for residents to be relocated from existing federally sub-
sidized or assisted housing, for replacement housing for
units demolished or disposed of (including units to be dis-
posed of pursuant to a homeownership program under sec-
tion 5(h) or title III of the United States Housing Act
of 1937) from the public housing inventory, for funds re-
lated to litigation settlements, for the conversion of section
23 projects to assistance under section 8, for public hous-
ing agencies to implement allocation plans approved by the
Secretary for designated housing, for funds to carry out
the family unification program, and for the relocation of
witnesses in connection with efforts to combat crime in
public and assisted housing pursuant to a request from
396
a law enforcement or prosecution agency: Provided further,
That of the total amount provided under this head,
$4,350,862,000 shall be for assistance under the United
States Housing Act of 1937 (42 U.S.C. 1437) for use in
connection with expiring or terminating section 8 subsidy
contracts, such amounts shall be merged with all remain-
ing obligated and unobligated balances heretofore appro-
priated under the heading ‘‘Renewal of expiring section
8 subsidy contracts’’: Provided further, That notwithstand-
ing any other provision of law, assistance reserved under
the two preceding provisos may be used in connection with
any provision of Federal law enacted in this Act or after
the enactment of this Act that authorizes the use of rental
assistance amounts in connection with such terminated or
expired contracts: Provided further, That the Secretary
may determine not to apply section 8(o)(6)(B) of the Act
to housing vouchers during fiscal year 1996: Provided fur-
ther, That of the total amount provided under this head,
$610,575,000 shall be for amendments to section 8 con-
tracts other than contracts for projects developed under
section 202 of the Housing Act of 1959, as amended; and
$261,000,000 shall be for section 8 assistance and reha-
bilitation grants for property disposition: Provided further,
That 50 per centum of the amounts of budget authority,
or in lieu thereof 50 per centum of the cash amounts asso-
397
ciated with such budget authority, that are recaptured
from projects described in section 1012(a) of the Stewart
B. McKinney Homeless Assistance Amendments Act of
1988 (Public Law 100–628, 102 Stat. 3224, 3268) shall
be rescinded, or in the case of cash, shall be remitted to
the Treasury, and such amounts of budget authority or
cash recaptured and not rescinded or remitted to the
Treasury shall be used by State housing finance agencies
or local governments or local housing agencies with
projects approved by the Secretary of Housing and Urban
Development for which settlement occurred after January
1, 1992, in accordance with such section: Provided further,
That of the total amount provided under this head,
$171,000,000 shall be for housing opportunities for per-
sons with AIDS under title VIII, subtitle D of the Cran-
ston-Gonzalez National Affordable Housing Act; and
$65,000,000 shall be for the lead-based paint hazard re-
duction program as authorized under sections 1011 and
1053 of the Residential Lead-Based Hazard Reduction
Act of 1992: Provided further, That the Secretary may
make up to $5,000,000 of any amount recaptured in this
account available for the development of performance and
financial systems.
Of the total amount provided under this head,
$624,000,000, plus amounts recaptured from interest re-
398
duction payment contracts for section 236 projects whose
owners prepay their mortgages during fiscal year 1996
(which amounts shall be transferred and merged with this
account), shall be for use in conjunction with properties
that are eligible for assistance under the Low Income
Housing Preservation and Resident Homeownership Act
of 1990 (LIHPRHA) or the Emergency Low-Income
Housing Preservation Act of 1987 (ELIHPA): Provided,
That prior to July 1, 1996, funding to carry out plans
of action shall be limited to sales of projects to non-profit
organizations, tenant-sponsored organizations, and other
priority purchasers: Provided further, That of the amount
made available by this paragraph, up to $10,000,000 shall
be available for preservation technical assistance grants
pursuant to section 253 of the Housing and Community
Development Act of 1987, as amended: Provided further,
That with respect to amounts made available by this para-
graph, after July 1, 1996, if the Secretary determines that
the demand for funding may exceed amounts available for
such funding, the Secretary (1) may determine priorities
for distributing available funds, including giving priority
funding to tenants displaced due to mortgage prepayment
and to projects that have not yet been funded but which
have approved plans of action; and (2) may impose a tem-
porary moratorium on applications by potential recipients
399
of such funding: Provided further, That an owner of eligi-
ble low-income housing may prepay the mortgage or re-
quest voluntary terminaton of a mortgage insurance con-
tract, so long as said owner agrees not to raise rents for
sixty days after such prepayment: Provided further, That
an owner of eligible low-income housing who has not time-
ly filed a second notice under section 216(d) prior to the
effective date of this Act may file such notice by March
1, 1996: Provided further, That such developments have
been determined to have preservation equity at least equal
to the lesser of $5,000 per unit or $500,000 per project
or the equivalent of eight times the most recently pub-
lished fair market rent for the area in which the project
is located as the appropriate unit size for all of the units
in the eligible project: Provided further, That the Secretary
may modify the regulatory agreement to permit owners
and priority purchasers to retain rental income in excess
of the basic rental charge in projects assisted under sec-
tion 236 of the National Housing Act, for the purpose of
preserving the low and moderate income character of the
housing: Provided further, That the Secretary may give
priority to funding and processing the following projects
provided that the funding is obligated not later than Au-
gust 1, 1996: (1) projects with approved plans of action
to retain the housing that file a modified plan of action
400
no later than July 1, 1996 to transfer the housing; (2)
projects with approved plans of action that are subject to
a repayment or settlement agreement that was executed
between the owner and the Secretary prior to September
1, 1995; (3) projects for which submissions were delayed
as a result of their location in areas that were designated
as a Federal disaster area in a Presidential Disaster Dec-
laration; and (4) projects whose processing was, in fact
or in practical effect, suspended, deferred, or interrupted
for a period of twelve months or more because of differing
interpretations, by the Secretary and an owner or by the
Secretary and a State or local rent regulatory agency, con-
cerning the timing of filing eligibility or the effect of a
presumptively applicable State or local rent control law or
regulation on the determination of preservation value
under section 213 of LIHPRHA, as amended, if the owner
of such project filed notice of intent to extend the low-
income affordability restrictions of the housing, or trans-
fer to a qualified purchaser who would extend such restric-
tions, on or before November 1, 1993: Provided further,
That eligible low-income housing shall include properties
meeting the requirements of this paragraph with mort-
gages that are held by a State agency as a result of a
sale by the Secretary without insurance, which imme-
diately before the sale would have been eligible low-income
401
housing under LIHPRHA: Provided further, That not-
withstanding any other provision of law, subject to the
availability of appropriated funds, each unassisted low-in-
come family residing in the housing on the date of prepay-
ment or voluntary termination, and whose rent, as a result
of a rent increase occurring no later than one year after
the date of the prepayment, exceeds 30 percent of adjusted
income, shall be offered tenant-based assistance in accord-
ance with section 8 or any successor program, under which
the family shall pay no less for rent than it paid on such
date: Provided further, That any family receiving tenant-
based assistance under the preceding proviso may elect (1)
to remain in the unit of the housing and if the rent exceeds
the fair market rent or payment standard, as applicable,
the rent shall be deemed to be the applicable standard,
so long as the administering public housing agency finds
that the rent is reasonable in comparison with rents
charged for comparable unassisted housing units in the
market or (2) to move from the housing and the rent will
be subject to the fair market rent of the payment stand-
ard, as applicable, under existing program rules and pro-
cedures: Provided further, That up to $10,000,000 of the
amount made available by this paragraph may be used at
the discretion of the Secretary to reimburse owners of eli-
gible properties for which plans of action were submitted
427
(1) Each public housing agency shall develop
and carry out a plan in conjunction with the Sec-
retary for the removal of public housing units identi-
fied under subsection (a) or subsection (b)(3), over
a period of up to five years, from the inventory of
the public housing agency and the annual contribu-
tions contract. The plan shall be approved by the
relevant local official as not inconsistent with the
Comprehensive
Housing
Affordability
Strategy
under title I of the Housing and Community Devel-
opment Act of 1992, including a description of any
disposition and demolition plan for the public hous-
ing units.
(2) The Secretary may extend the deadline in
paragraph (1) for up to an additional five years
where the Secretary makes a determination that the
deadline is impracticable.
(3) The Secretary shall take appropriate actions
to ensure removal of developments identified under
subsection (a) or subsection (b)(3) from the inven-
tory of a public housing agency, if the public hous-
ing agency fails to adequately develop a plan under
paragraph (1), or fails to adequately implement such
plan in accordance with the terms of the plan.
428
(4) To the extent approved in appropriations
Acts, the Secretary may establish requirements and
provide funding under the Urban Revitalization
Demonstration program for demolition and disposi-
tion of public housing under this section.
(5) Notwithstanding any other provision of law,
if a development is removed from the inventory of a
public housing agency and the annual contributions
contract pursuant to paragraph (1), the Secretary
may authorize or direct the transfer of—
(A) in the case of an agency receiving as-
sistance under the comprehensive improvement
assistance program, any amounts obligated by
the Secretary for the modernization of such de-
velopment pursuant to section 14 of the United
States Housing Act of 1937;
(B) in the case of an agency receiving pub-
lic and Indian housing modernization assistance
by formula pursuant to section 14 of the United
States Housing Act of 1937, any amounts pro-
vided to the agency which are attributable pur-
suant to the formula for allocating such assist-
ance to the development removed from the in-
ventory of that agency; and