Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1998
PL 105-78 (H.R.2264), enacted 11/13/1997

PUBLIC LAW 105-78—NOV. 13, 1997 
111 STAT. 1467 
Public Law 105-78 
105th Congress 
An Act 
Making appropriations for the Departments of Labor, Health and Human Services, 
and Education, and related agencies for the fiscal year ending September 30, 
1998, and for other purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That the 
following sums are appropriated, out of any money in the Treasury 
not otherwise appropriated, for the Departments of Labor, Health 
and Human Services, £ind Education, and related agencies for the 
fiscal year ending September 30, 1998, and for other purposes, 
namely: 
TITLE I—DEPARTMENT OF LABOR 
EMPLOYMENT AND TRAINING ADMINISTRATION 
TRAINING AND EMPLOYMENT SERVICES 
For necessary expenses of the Job Training Partnership Act, 
as amended, including the purchase and hire of passenger motor 
vehicles, the construction, alteration, and repair of buildings and 
other facilities, and the purchase of real property for training cen-
ters as authorized by the Job Training Partnership Act; the Stewart 
B. McKinney Homeless Assistance Act; the Women in Apprentice-
ship and Nontraditional Occupations Act; the National Skill Stand-
ards Act of 1994; and the School-to-Work Opportunities Act; 
$4,988,226,000 plus reimbursements, of which $3,794,735,000 is 
available for obligation for the period July 1, 1998 through June 
30, 1999; of which $118,491,000 is available for the period July 
1, 1998 through June 30, 2001 for necessary expenses of construc-
tion, rehabilitation, and acquisition of Job Corps centers; and of 
which $200,000,000 shall be available from July 1, 1998 through 
September 30, 1999, for carrying out activities of the School-to-
Work Opportunities Act: Provided, That $53,815,000 shall be for 
carrying out section 401 of the Job Training Partnership Act, 
$71,017,000 shall be for carrying out section 402 of such Act, 
$7,300,000 shall be for carrying out section 441 of such Act, 
$9,000,000 shall be for all activities conducted by and through 
the National Occupational Information Coordinating Committee 
under such Act, $955,000,000 shall be for carrying out title II, 
part A of such Act, and $129,965,000 shall be for canying out 
title II, part C of such Act: Provided further. That the National 
Occupational Information Coordinating Committee is authorized, 
effective upon enactment, to charge fees for publications, training 
and technical assistance developed by the National Occupational 
Nov. 13, 1997 
[H.R. 2264] 
Depsirtments of 
Labor, Health 
and Human 
Services, and 
Education, and 
Related Agencies 
Appropriations 
Act, 1998. 
Department of 
Labor 
Appropriations 
Act, 1998. 
I l l STAT. 1468 
PUBLIC LAW 105-78—NOV. 13, 1997 
Information Coordinating Committee: Provided further. That reve-
nues received from publications and delivery of technical assistance 
and training, notwithstanding 31 U.S.C. 3302, shall be credited 
to the National Occupational Information Coordinating Committee 
program account and shall be available to the National Occupational 
Information Coordinating Committee without further appropria-
tions, so long as such revenues are used for authorized activities 
of the National Occupational Information Coordinating Committee: 
Provided further. That no funds from any other appropriation shall 
be used to provide meal services at or for Job Corps centers: 
Provided further. That funds provided for title III of the Job Train-
ing Partnership Act shall not be subject to the limitation contained 
in subsection (b) of section 315 of such Act; that the waiver described 
in section 315(a)(2) may be granted if a substate grantee dem-
onstrates to the Governor that such waiver is appropriate due 
to the availability of low-cost retraining services, is necessary to 
facilitate the provision of needs-related payments to accompany 
long-term training, or is necessary to facilitate the provision of 
appropriate basic readjustment services; and that funds provided 
for discretionary grants under part B of such title III may be 
used to provide needs-related pa3mients to participants who, in 
lieu of meeting the enrollment requirements under section 314(e) 
of such Act, are enrolled in training by the end of the sixth week 
after grEint funds have been awarded: Provided further. That funds 
provided to carry out section 324 of such Act may be used for 
demonstration projects that provide assistance to new entrants 
in the workforce and incumbent workers: Provided further. That 
service delivery areas may transfer funding provided herein under 
authority of title II, parts B and C of the Job Training Partnership 
Act between the programs authorized by those titles of the Act, 
if the transfer is approved by the (Governor: Provided further. That 
service delivery areas and substate areas may transfer up to 20 
percent of the funding provided herein under authority of title 
II, part A and title III of the Job Training Partnership Act between 
the programs authorized by those titles of the Act, if such transfer 
is approved by the Grovemor: Provided further. That, notwithstand-
ing any other provision of law, any proceeds from the sale of 
Job Corps center facilities shgdl be retained by the Secretary of 
Labor to carry out the Job Corps program: Provided further. That 
notwithstanding any other provision of law, the Secretary of Labor 
may waive any of the statutory or regulatory requirements of titles 
I-III of the Job Training Partnership Act (except for requirements 
relating to wage and labor standards, worker rights, participation 
and protection, grievance procedures and judicial review, non-
discrimination, allocation of funds to local areas, eligibility, review 
and approval of plans, the establishment and functions of service 
delivery areas and private industry councils, and the basic purposes 
of the Act), and any of the statutory or regulatory requirements 
of sections 8-10 of the Wagner-Peyser Act (except for requirements 
relating to the provision of services to unemplo3anent insurance 
claimants and veterans, and to universal access to basic labor 
exchange services without cost to job seekers), only for funds avail-
able for expenditure in program year 1998, pursuant to a request 
submitted by a State which identifies the statutory or regulatory 
requirements that are requested to be waived and the goals which 
the State or local service delivery areas intend to achieve, describes 
the actions that the State or local service delivery areas have 
PUBLIC LAW 105-78—NOV. 13, 1997 
111 STAT. 1469 
undertaken to remove State or local statutory or regulatory barriers, 
describes the goals of the waiver and the expected programmatic 
outcomes if the request is granted, describes the individuals 
impacted by the waiver, and describes the process used to monitor 
the progress in implementing a waiver, and for which notice and 
an opportunity to comment on such request has been provided 
to the organizations identified in section 105(a)(1) of the JOD Train-
ing Partnership Act, if and only to the extent that the Secretary 
determines that such requirements impede the ability of the State 
to implement a plan to improve the workforce development system 
and the State has executed a Memorandum of Understanding with 
the Secretary requiring such State to meet agreed upon outcomes 
and implement other appropriate measures to ensure accountability: 
Provided further, That the Secretary of Labor shall establish a Establishment, 
workforce flexibility (work-flex) partnership demonstration program 29 USC1732 
under which the Secretary shall authorize not more than six States, °°*®-
of which at least three States shall each have populations not 
in excess of 3,500,000, with a preference given to those States 
that have been designated Ed-Flex Partnership States under section 
311(e) of Public Law 103-227, to waive any statutory or regulatory 
requirement applicable to service delivery areas or substate areas 
within the State under titles I-III of the Job Training Partnership 
Act (except for requirements relating to w£ige and labor standards, 
grievance procedures £ind judicial review, nondiscrimination, allot-
ment of funds, and eligibility), and any of the statutory or regulatory 
requirements of sections 8-10 of the Wagner-Peyser Act (except 
for requirements relating to the provision of services to unemploy-
ment insurance claimants and veterans, and to universal access 
to basic labor exchange services without cost to job seekers), for 
a duration not to exceed the waiver period authorized under section 
311(e) of Public Law 103-227, pursuant to a plan submitted by 
such States and approved by the Secretary for the provision of 
workforce employment and training activities in the States, which 
includes a description of the process by which service delivery 
areas and substate areas may apply for and have waivers approved 
by the State, the requirements of the Wagner-Peyser Act to be 
waived, the outcomes to be achieved and other measures to be 
taken to ensure appropriate accountability for Federal funds. 
For necessary expenses of Opportunity Areas of Out-of-School 
Youth, 
in 
addition 
to amounts 
otherwise 
provided 
herein, 
$250,000,000, to be avEiilable for obligation for the period October 
1, 1998 through September 30, 1999, if job training reform legisla-
tion authorizing this or similar at-risk youth projects is enacted 
by July 1,1998. 
COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS 
(TRANSFER OF FUNDS) 
To carry out the activities for national grants or contracts 
with public agencies £ind public or private nonprofit organizations 
under paragraph (1)(A) of section 506(a) of title V of the Older 
Americans Act of 1965, as amended, or to carry out older worker 
activities as subsequently authorized, $343,356,000. 
To carry out the activities for grants to States under paragraph 
(3) of section 506(a) of title V of the Older Americans Act of 
1965, as amended, or to carry out older worker activities as subse-
quently authorized, $96,844,000. 
I l l STAT. 1470 
PUBLIC LAW 105-78—NOV. 13, 1997 
The funds appropriated under this heading shall be transferred 
to and merged with the Department of HeEdth and Human Services, 
"A^ng Services Programs", for the same purposes and the same 
period as the account to which transferred, following the enactment 
of legislation authorizing the administration of the program by 
that Department. 
FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES 
For payments during the current fiscal year of trade adjustment 
benefit payments and allowances under part I; £ind for training, 
allowances for job search and relocation, and related State adminis-
trative expenses under part II, subchapters B and D, chapter 2, 
title II of the Trade Act of 1974, as amended, $349,000,000, together 
with such amounts as may be necessary to be charged to the 
subsequent appropriation for payments for any period subsequent 
to September 15 of the current year. 
STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT SERVICE 
OPERATIONS 
For authorized administrative expenses, $173,452,000, together 
with not to exceed $3,322,476,000 (including not to exceed 
$1,228,000 which may be used for amortization payments to States 
which had independent retirement plans in their State employment 
service agencies prior to 1980, and including not to exceed 
$2,000,000 which may be obligated in contracts with non-State 
entities for activities such as occupational and test research activi-
ties which benefit the Federal-State Employment Service System), 
which may be expended from the Employment Security Administra-
tion account in the Unemployment Trust Fund including the cost 
of administering section 1201 of the Small Business Job Protection 
Act of 1996, section 7(d) of the Wagner-Peyser Act, as amended, 
the Trade Act of 1974, as amended, the Immigration Act of 1990, 
and the Immigration and Nationality Act, as amended, and of 
which the sums available in the allocation for activities authorized 
by title III of the Social Security Act, as amended (42 U.S.C. 
502-504), and the sums available in the allocation for necessary 
administrative expenses for carrying out 5 U.S.C. 8501-8523, shall 
be available for obligation by the States through December 31, 
1998, except that funds used for automation acquisitions shall 
be available for obligation by States through September 30, 2000; 
and of which $40,000,000 of the amount which may be expended 
from said trust fund, shall be available for obligation for the period 
October 1, 1998 through September 30, 1999, for the purpose of 
assisting States to convert their automated State emplojnnent secu-
rity agency systems to be year 2000 compliant; and of which 
$173,452,000, together with not to exceed $738,283,000 of the 
amount which may be expended from said trust fund, shall be 
available for obligation for the period July 1, 1998 through June 
30, 1999, to fund activities under the Act of June 6, 1933, as 
amended, including the cost of penalty mail authorized under 39 
U.S.C. 3202(aXl)(E) made available to States in lieu of allotments 
for such purpose, and of which $200,000,000 shall be available 
solely for the purpose of assisting States to convert their automated 
State employment security agency systems to be year 2000 compli-
ant, and of which $196,333,000 shall be available only to the extent 
PUBLIC LAW 105-78—NOV. 13, 1997 
111 STAT. 1471 
necessary for additional State allocations to administer unemploy-
ment compensation laws to finance increases in the number of 
unemployment insurance claims filed and claims paid or changes 
in a State law: Provided, That to the extent that the Average 
Weekly Insured Unemployment (AWIU) for fiscal year 1998 is pro-
jected by the Department of Labor to exceed 2,789,000 an additional 
$28,600,000 shall be available for obligation for every 100,000 
increase in the AWIU level (including a pro rata amount for any 
increment less than 100,000) from the Emplojonent Security 
Administration Account of the Unemplo3nnent Trust Fund: Provided 
further. That funds appropriated in this Act which are used to 
establish a national one-stop career center network may be obligated 
in contracts, grants or agreements with non-State entities: Provided 
further. 
That funds appropriated under this Act for activities 
authorized under the Wagner-Peyser Act, as amended, and title 
III of the Social Security Act, may be used by the States to fund 
integrated Emplo3rment Service and Unemplo3mient Insurance auto-
mation efforts, notwithstanding cost allocation principles prescribed 
under Office of Management £uid Budget Circular A-87. 
ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND OTHER FUNDS 
For repayable advances to the Unemplojrment Trust Fund as 
authorized by sections 905(d) and 1203 of the Social Security Act, 
as amended, and to the Black Lung Disability Trust Fund as 
authorized by section 9501(cXl) of the Internal Revenue Code of 
1954, as amended; and for nonrepayable advances to the Unemploy-
ment Trust Fund as authorized by section 8509 of title 5, United 
States Code, section 104(d) of Public Law 102-164, and section 
5 of Public Law 103-6, and to the "Federed unemployment benefits 
and allowances" account, to remain available until September 30, 
1999, $392,000,000. 
In addition, for making repayable advances to the Black Lung 
Disability Trust Fund in the current fiscal year after September 
15, 1998, for costs incurred by the Black Lung Disability Trust 
Fund in the current fiscal year, such sums as may be necessary. 
PROGRAM ADMINISTRATION 
For expenses of administering employment and training pro-
grams, $90,308,000, including $6,000,000 to support up to 75 full-
time equivalent staff, the majority of which will be term Federal 
appointments lasting no more than three years, to administer wel-
fare-to-work grants, together with not to exceed $41,285,000, which 
may be expended from the Employment Security Administration 
account in the Unemplojrment Trust Fund. 
PENSION AND WELFARE BENEFITS ADMINISTRATION 
SALARIES AND EXPENSES 
For necessary expenses for the Pension and Welfare Benefits 
Administration, $82,000,000, of which $3,000,000 shall remain 
available through September 30, 1999 for expenses of completing 
the revision of the processing of employee benefit plan returns. 
I l l STAT. 1472 
PUBLIC LAW 105-78—NOV. 13, 1997 
PENSION BENEFIT GUARANTY CORPORATION 
PENSION 
BENEFIT 
GUARANTY 
CORPORATION 
FUND 
The Pension Benefit Guarsinty Corporation is authorized to 
make such expenditures, including financial assistance authorized 
by section 104 of Public Law 96-364, within limits of funds and 
borrowing authority available to such Corporation, and in accord 
with law, and to make such contracts and commitments without 
regard to fiscal yesir limitations as provided by section 104 of 
the Government Corporation Control Act, as amended (31 U.S.C. 
9104), as may be necessary in canying out the program through 
September 30, 1998, for such Corporation: Provided, That not to 
exceed $10,433,000 shall be available for administrative expenses 
of the Corporation: Provided further, That expenses of such Corpora-
tion in connection with the termination of pension plans, for the 
acquisition, protection or management, ana investment of trust 
assets, and for benefits administration services shall be considered 
as non-administrative expenses for the purposes hereof, and 
excluded from the above limitation. 
EMPLOYMENT STANDARDS ADMINISTRATION 
SALARIES AND EXPENSES 
For necessary expenses for the Emplojrment 
Standards 
Administration, including reimbursement to State, Federal, and 
local agencies and their employees for inspection services rendered, 
$299,660,000, together with $993,000 which may be expended from 
the Special Fund in accordance with sections 39(c) and 44(j) of 
the Longshore and Harbor Workers* Compensation Act: Provided, 
That $500,000 shall be for the development of an alternative system 
for the electronic submission of reports as required to be filed 
under the Labor-Management Reporting and Disclosure Act of 1959, 
as amended, and for a computer database, of the information for 
each submission by whatever means, that is indexed and easily 
searchable by the public via the Internet: Provided further. That 
the Secretary of Labor is authorized to accept, retain, and spend, 
until expended, in the name of the Department of Labor, all sums 
of money ordered to be paid to the Secretgiry of Labor, in accordance 
with the terms of the Consent Judgment in Civil Action No, 9 1 -
0027 of the United States District Court for the District of the 
Northern Mariana Islands (May 21, 1992): Provided further. That 
the Secretary of Labor is authorized to establish and, in accordance 
with 31 U.S.C, 3302, collect and deposit in the Treasury fees for 
processing applications and issuing certificates under sections 11(d) 
and 14 of the Fair Labor Standards Act of 1938, as amended 
(29 U.S.C. 211(d) and 214) and for processing applications and 
issuing registrations under title I of the Migrant and Seasonal 
Agricultural Worker Protection Act (29 U.S.C. 1801 et seq.). 
SPECIAL BENEFITS 
(INCLUDING TRANSFER OF FUNDS) 
For the pajonent of compensation, benefits, and expenses 
(except administrative expenses) accruing during the current or 
any prior fiscal year authorized by title 5, chapter 81 of the United 
States Code; continuation of benefits as provided for under the 
PUBLIC LAW 105-78—NOV. 13, 1997 
111 STAT. 1473 
head "Civilian War Benefits" in the Federal Security Agency Appro-
priation Act, 1947; the Employees' Compensation Commission 
Appropriation Act, 1944; and sections 4(c) and 5(f) of the War 
Claims Act of 1948 (50 U.S.C. App. 2012); and 50 percent of the 
additional compensation and benefits required by section 10(h) of 
the Longshore and Harbor Workers' Compensation Act, as amended, 
$201,000,000 together with such amounts as may be necessary 
to be charged to the subsequent year appropriation for the payment 
of compensation and other benefits for any period subsequent to 
August 15 of the current year: Provided, That amounts appropriated 
may be used under section 8104 of title 5, United States Code, 
by the Secretary to reimburse an employer, who is not the employer 
at the time of injury, for portions of the salary of a reemployed, 
disabled beneficiary: Provided further, That balances of reimburse-
ments unobligated on September 30, 1997, shall remain available 
until expended for the payment of compensation, benefits, and 
expenses: Provided further. That in addition there shall be trans-
ferred to this appropriation from the Postal Service and from any 
other corporation or instrumentality required under section 8147(c) 
of title 5, United States Code, to pay an amount for its fair share 
of the cost of administration, such sums as the Secretary of Labor 
determines to be the cost of administration for employees of such 
fair share entities through September 30, 1998: Provided 
further. 
That of those funds transferred to this account from the fair share 
entities to pay the cost of administration, $7,269,000 shall be made 
available to the Secretary of Labor for expenditures relating to 
capital improvements in support of Federal Employees' Compensa-
tion Act administration, and the balance of such funds shall be 
paid into the Treasury as miscellaneous receipts: Provided 
further. 
That the Secretary may require that any person filing a notice 
of injury or a claim for benefits under chapter 81 of title 5, United 
States Code, or 33 U.S.C. 901 et seq., provide as part of such 
notice and claim, such identifying information (including Social 
Security account number) as such regulations may prescribe. 
BLACK LUNG DISABILITY TRUST FUND 
(INCLUDING TRANSFER OF FUNDS) 
For pajonents from the Black Lung Disability Trust Fund, 
$1,007,000,000, of which $960,650,000 shall be available until 
September 30, 1999, for payment of all benefits as authorized 
by section 9501(dXl), (2), (4), and (7) of the Internal Revenue 
Code of 1954, as amended, and interest on advances as authorized 
by section 9501(cX2) of that Act, and of which $26,147,000 shall 
be available for transfer to Employment Standards Administration, 
Salaries and Expenses, $19,551,000 for transfer to Departmental 
Management, Salaries and Expenses, $296,000 for trsinsfer to 
Departmental Management, Office of Inspector General, and 
$356,000 for payment into miscellaneous receipts for the expenses 
of the Department of Treasury, for expenses of operation and 
administration of the Black Lung Benefits program as authorized 
by section 9501(d)(5) of that Act: Provided, That, in addition, such 
amounts as may be necessary may be chsirged to the subsequent 
year appropriation for the pa5naient of compensation, interest, or 
other benefits for any period subsequent to August 15 of the current 
year. 
I l l STAT. 1474 
PUBLIC LAW 105-78—NOV. 13, 1997 
OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION 
SALARIES AND EXPENSES 
For necessary expenses for the Occupational Safety and Health 
Administration, $336,480,000, including not to exceed $77,941,000 
which shall be the maximum amount available for grants to States 
under section 23(g) of the Occupational Ssifety and Health Act, 
which grants shall be no less than 50 percent of the costs of 
State occupational safety and health programs required to be 
incurred under plans approved by the Secretary under section 18 
of the Occupational Safety and Health Act of 1970; and, in addition, 
29 use 670 note, notwithstanding 31 U.S.C. 3302, the Occupational Safety and 
Health Administration may retain up to $750,000 per fiscal year 
of training institute course tuition fees, otherwise authorized by 
law to be collected, and may utilize such sums for occupational 
safety and health training and education grants: Provided, That, 
notwithstanding 31 U.S.C. 3302, the Secretary of Labor is author-
ized, during the fiscal year ending September 30, 1998, to collect 
and retain fees for services provided to Nationally Recognized Test-
ing Laboratories, and may utilize such sums, in accordance with 
the provisions of 29 U.S.C. 9a, to administer national and inter-
national laboratory recognition programs that ensure the safety 
of equipment and products used by workers in the workplace: 
Provided further, That none of the mnds appropriated under this 
paragraph shall be obligated or expended to prescribe, issue, admin-
ister, or enforce any standard, rule, regulation, or order under 
the Occupational Safety and Health Act of 1970 which is applicable 
to any person who is engaged in a farming operation which does 
not maintain a temporary labor camp and employs ten or fewer 
employees: Provided further, That no funds appropriated under 
this paragraph shall be obligated or expended to administer or 
enforce any standard, rule, regulation, or order under the Occupa-
tional Safety and Health Act of 1970 with respect to any employer 
of ten or fewer employees who is included within a category having 
an occupational injury lost workday case rate, at the most precise 
Standard Industrial Classification Code for which such data are 
published, less than the national average rate as such rates are 
most recently published by the Secretary, acting through the Bureau 
of Labor Statistics, in accordance with section 24 of that Act (29 
U.S.C. 673), except— 
(1) to provide, as authorized by such Act, consultation, 
technical assistance, educational and training services, and to 
conduct surveys and studies; 
(2) to conduct an inspection or investigation in response 
to an employee complaint, to issue a citation for violations 
found during such inspection, and to assess a penalty for viola-
tions which are not corrected within a reasonable abatement 
period and for any willful violations found; 
(3) to take any action authorized by such Act with respect 
to imminent dangers; 
(4) to take any action authorized by such Act with respect 
to health hazards; 
(5) to teike any action authorized by such Act with respect 
to a report of an employment accident which is fatal to one 
or more employees or which results in hospitalization of two 
or more employees, and to take any action pursuant to such 
investigation authorized by such Act; and 
PUBLIC LAW 105-78—NOV. 13, 1997 
111 STAT. 1475 
(6) to take any action authorized by such Act with respect 
to complaints of discrimination against employees for exercising 
rights under such Act: Provided further, That the foregoing 
proviso shsdl not apply to any person who is engaged in a 
farming operation which does not maintain a temporary labor 
camp and employs ten or fewer employees. 
MINE SAFETY AND HEALTH ADMINISTRATION 
SALiUlIES AND EXPENSES 
For necessary expenses for the Mine Safety £ind Health 
Administration, $203,334.,000, including purchase and bestowal of 
certificates and trophies in connection with mine rescue and first-
aid work, and the hire of passenger motor vehicles; the Secretary 30 USC 962. 
is authorized to accept lands, buildings, equipment, and other con-
tributions from public and private sources and to prosecute projects 
in cooperation with other agencies. Federal, State, or private; the 
Mine Safety Eind Health Administration is authorized to promote 
health and safety education and training in the mining community 
through cooperative programs with States, industry, and safety 
associations; and any funds available to the Department may be 
used, with the approval of the Secretary, to provide for the costs 
of mine rescue and survival operations in the event of a major 
disaster: Provided, That none of the funds appropriated under this 
paragraph shall be obligated or expended to carry out section 115 
of the Federal Mine Safety and Health Act of 1977 or to carry 
out that portion of section 104(g)(1) of such Act relating to the 
enforcement of any training requirements, with respect to shell 
dredging, or with respect to any sand, gravel, surface stone, surface 
clay, colloidal phosphate, or surface limestone mine. 
BUREAU OF LABOR STATISTICS 
SALARIES AND EXPENSES 
For necessary expenses for the Bureau of Labor Statistics, 
including advances or reimbursements to State, Federal, and local 
agencies and their employees for services rendered, $327,609,000, 
of which $15,430,000 shall be for expenses of revising the Consumer 
Price Index smd shall remain available until September 30, 1999, 
together with not to exceed $52,848,000, which may be expended 
from the Emplo3mient Security Administration account in the 
Unemployment Trust Fund. 
DEPARTMENTAL MANAGEMENT 
SALARIES AND EXPENSES 
For necessary expenses for Departmental Management, includ-
ing the hire of three sedans, and including up to $4,421,000 for 
the President's Committee on Emplojrment of People With Disabil-
ities, $152,253,000; together with not to exceed $282,000, which 
may be expended from the Employment Security Administration 
account in the Unemplo5rment Trust Fund: Provided, That no funds 
33 USC 921 note, 
made available by this Act may be used by the Solicitor of Labor 
to participate in a review in any United States court of appeals 
of any decision made by the Benefits Review Board under section 
21 of the Longshore and Harbor Workers' Compensation Act (33 
I l l STAT. 1476 
PUBLIC LAW 105-78—NOV. 13, 1997 
U.S.C. 921) where such participation is precluded by the decision 
of the United States Supreme Court in Director, Office of Workers' 
Compensation Programs v. Newport News Shipbuilding, 115 S. 
Ct. 1278 (1995): Provided further. That no funds made available 
by this Act may be used by the Secretary of Labor to review 
a decision under the Longshore and Harbor Workers' Compensation 
Act (33 U.S.C. 901 et seq.) that has been appealed and that has 
been pending before the Benefits Review Board for more than 
12 months: Provided further. That any such decision pending a 
review by the Benefits Review Board for more than one year shall 
be considered affirmed by the Benefits Review Board on that date, 
and shgdl be considered the final order of the Board for purposes 
of obtaining a review in the United States courts of appeals: Pro-
vided further, That these provisions shall not be applicable to the 
review of any decision issued under the Black Lung Benefits Act 
(30 U.S.C. 901 et seq.). 
WORKING CAPITAL FUND 
The paragraph under this heading in Public Law 85-67 (29 
U.S.C. 563) is amended by striking the last period and inserting 
after "appropriation action" the following: ": Provided further. That 
the Secretary of Labor may transfer annually an amount not to 
exceed $3,000,000 from unobligated balances in the Department's 
salaries and expenses accounts, to the unobligated balance of the 
Working Capital Fund, to be merged with such Fund smd used 
for the acquisition of capital equipment and the improvement of 
financial management, information technology and other support 
systems, and to remain available until expended: Provided further. 
That the unobligated balance of the Fund shall not exceed 
$20,000,000.". 
ASSISTANT SECRETARY FOR VETERANS EMPLOYMENT AND TRAINING 
Not to exceed $181,955,000 may be derived from the Employ-
ment Security Administration account in the Unemployment Trust 
Fund to carry out the provisions of 38 U.S.C. 410()-4110A and 
4321-4327, and Public Law 103-353, and which shall be available 
for obligation by the States through December 31, 1998. 
OFFICE OF INSPECTOR GENERAL 
For saleiries and expenses of the Office of Inspector General 
in carrying out the provisions of the Inspector General Act of 
1978, as amended, $42,605,000, together with not to exceed 
$3,645,000, which may be expended from the Employment Security 
Administration account in the Unemplo3anent Trust Fund. 
GENERAL PROVISIONS 
SEC. 101. None of the funds appropriated in this title for 
the Job Corps shall be used to pay the compensation of an individ-
ual, either as direct costs or any proration as an indirect cost, 
at a rate in excess of $125,000. 
(TRANSFER OF FUNDS) 
SEC. 102. Not to exceed 1 percent of any discretionary funds 
(pursuant to the Balanced Budget and Emergency Deficit Control 
PUBLIC LAW 105-78—NOV. 13, 1997 
111 STAT. 1477 
Act, as amended) which are appropriated for the current fiscal 
year for the Department of Labor in this Act may be transferred 
between appropriations, but no such appropriation shall be 
increased by more than 3 percent by any such transfer: Provided, 
That the Appropriations Committees of both Houses of Congress 
are notified at least fiftieen days in advance of any transfer. 
SEC. 103. Funds shall be available for canying out title IV-
B of the Job Training Partnership Act, notwithstanding section 
427(c) of that Act, if a Job Corps center fails to meet nation£d 
performance standards established by the Secretary. 
SEC. 104. None of the funds made available in this Act may 
be used by the Occupational Safety and Health Administration 
to promulgate or issue any proposed or final standard regEirding 
ergonomic protection before September 30, 1998: Provided, That 
nothing in this section shall be construed to limit the Occupational 
Safety and Health Administration from issuing voluntsiry guidelines 
on ergonomic protection or from developing a proposed standard 
regarding ergonomic protection: Provided further. That no funds 
made available in this Act may be used by the Occupational Safety 
and Health Administration to enforce voluntary ergonomics guide-
lines through section 5 (the general duty clause) of the Occupational 
Safety and Health Act of 1970 (29 U.S.C. 654). 
SEC. 105. Section 13(b)(12) of the Fair Labor Standards Act 
of 1938 (29 U.S.C. 213(b)(12)) is amended by striking "water for 
agricultural purposes" and inserting in lieu thereof "water, at least 
90 percent of which was ultimately delivered for agricultural pur-
poses during the preceding calendar year". 
This title may be cited as the "Department of Labor Appropria-
tions Act, 1998". 
TITLE II—DEPARTMENT OF HEALTH AND HUMAN 
SERVICES 
HEALTH RESOURCES AND SERVICES ADMINISTRATION 
HEALTH RESOURCES AND SERVICES 
For carrying out titles II, III, VII, VIII, X, XII, XIX, and 
XXVI of the Public Health Service Act, section 427(a) of the Federal 
Coal Mine Hesdth and Safety Act, title V of the Social Security 
Act, the Health Care Quality Improvement Act of 1986, as amended, 
and the Native Hawaiian Health Care Act of 1988, as amended, 
$3,618,137,000, of which $225,000 shall remain available until 
expended for interest subsidies on loan guarantees made prior 
to fiscal year 1981 under part B of title VII of the Public Health 
Service Act and of which $28,000,000 shall be available for the 
construction and renovation of health care and other facilities: 
Provided, That the Division of Federal Occupational Health may 
utilize personal services contracting to employ professional manage-
ment/administrative and occupational health professionals: Pro-
vided further. That of the funds made available under this heading, 
$2,500,000 shall be available until expended for facilities renova-
tions at the Gillis W. Long Hansen's Disease Center: Provided 
further. That in addition to fees authorized by section 427(b) of 
the Health Care Quality Improvement Act of 1986, fees shall be 
collected for the full disclosure of information under the Act suffi-
cient to recover the full costs of operating the National Practitioner 
Data Bank, and shall remain available until expended to carry 
Department of 
Health and 
Human Services 
Appropriations 
Act, 1998. 
Fees. 
I l l STAT. 1478 
PUBLIC LAW 105-78—NOV. 13, 1997 
out that Act: Provided further, That no more than $5,000,000 is 
available for carrying out the provisions of Public Law 104^73: 
Provided further, That of the funds made available under this 
heading, $203,452,000 shall be for the program under title X of 
the Public Health Service Act to provide for voluntary family plan-
ning projects: Provided further. That amounts provided to said 
projects under such title shall not be expended for abortions, that 
all pregnancy counseling shall be nondirective, and that such 
amounts shadl not be expended for any activity (including the 
publication or distribution of literature) that in £iny way tends 
to promote public support or opposition to any legislative proposal 
or candidate for public office: Provided further. That $285,500,000 
shall be for State AIDS Drug Assistance Programs authorized by 
section 2616 of the Public Health Service Act: Provided 
further, 
That notwithstanding any other provision of law, funds made avail-
able under this heading may be used to continue operating the 
Council on Graduate Medical Education established by section 301 
of Public Law 102-408: Provided further. That, of the funds made 
available under this heading, not more than $6,000,000 shall be 
made available and shall remmn available until expended for loan 
guarantees for loans funded under part A of title XVI of the Public 
Health Service Act as amended, made by non-Federal lenders for 
the construction, renovation, and modernization of medical facilities 
that are owned and operated by health centers, and for loans 
made to health centers under section 330(d) of the Public Health 
Service Act as amended by Public Law 104-299, and that such 
funds be available to subsidize guarantees of total loan principal 
in an amount not to exceed $80,000,000: Provided further. That 
notwithstanding section 502(a)(1) of the Social Security Act, not 
to exceed $103,863,000 is available for carrying out special projects 
of regional and national significance pursuant to section 501(a)(2) 
of such Act. 
MEDICAL FACILITIES GUARANTEE AND LOAN FUND 
FEDERAL INTEREST SUBSIDIES FOR MEDICAL FACILITIES 
For canying out subsections (d) and (e) of section 1602 of 
the Public Health Service Act, $6,000,000, together with any 
amounts received by the Secretary in connection with loans and 
loan guarantees under title VI of the Public Health Service Act, 
to be available without fiscal year limitation for the payment of 
interest subsidies. During the fiscal year, no commitments for direct 
loans or loan guarantees shall be made. 
HEALTH EDUCATION ASSISTANCE LOANS PROGRAM 
(INCLUDING TRANSFER OF FUNDS) 
For the cost of guaranteed loans, such sums as may be nec-
essary to carry out the purpose of the program, as authorized 
by title VII of the Public Health Service Act, as amended: Provided, 
That such costs, including the cost of modifjdng such loans, shall 
be as defined in section 502 of the Congressional Budget Act of 
1974: Provided further. That these funds are available to subsidize 
gross obligations for the total loan principal any part of which 
is to be guaranteed at not to exceed $85,000,000: Provided 
further. 
That the Secretary may use up to $1,000,000 derived by transfer 
from insurance premiums collected from guaranteed loans made 
PUBLIC LAW 105-78—NOV. 13, 1997 
111 STAT. 1479 
under title VII of the Public Health Service Act for the purpose 
of canying out section 709 of that Act. In addition, for administra-
tive expenses to carry out the guaranteed loan program, $2,688,000. 
VACCINE INJURY COMPENSATION PROGRAM TRUST FUND 
For payments from the Vaccine Injury Compensation Program 
Trust Fund, such sums as may be necessary for claims associated 
with vaccine-related injury or death with respect to vaccines 
administered after September 30, 1988, pursuant to subtitle 2 of 
title XXI of the Public Health Service Act, to remain available 
until expended: Provided, 
That for necessary 
administrative 
expenses, not to exceed $3,000,000 shall be available from the 
Trust Fund to the Secretary of Health and Human Services. 
CENTERS FOR DISEASE CONTROL AND PREVENTION 
DISEASE CONTROL, RESEARCH, AND TRAINING 
To carry out titles II, III, VII, XI, XV, XVII, and XIX of the 
Public Health Service Act, sections 101, 102, 103, 201, 202, 203, 
301, and 501 of the Federal Mine Safety and Health Act of 1977, 
and sections 20, 21 and 22 of the Occupational Safety and Health 
Act of 1970, title IV of the Immigration and Nationality Act and 
section 501 of the Refugee Education Assistance Act of 1980; includ-
ing insurance of official motor vehicles in foreign countries; and 
hire, maintenance, and operation of aircraft, $2,327,552,000, of 
which $21,504,000 shall remain available until expended for equip-
ment £ind construction and renovation of facilities, and in addition, 
such sums as may be derived from authorized user fees, which 
shall be credited to this account: Provided, That in addition to 
amounts provided herein, up to $59,232,000 shall be available from 
amounts available under section 241 of the Public Health Service 
Act, to carry out the National Center for Health Statistics surveys: 
Provided further, That none of the funds made available for injury 
prevention and control at the Centers for Disease Control and 
Prevention may be used to advocate or promote gun control: Pro-
vided further, That the Director may redirect the total amount 
made available under authority of Public Law 101-502, section 
3, dated November 3, 1990, to activities the Director may so des-
ignate: Provided further. 
That the Congress is to be notified 
Notification, 
promptly of any such transfer. 
In addition, $51,000,000, to be derived from the Violent Crime 
Reduction Trust Fund, for canying out sections 40151 and 40261 
of Public Law 103-322. 
NATIONAL INSTITUTES OF HEALTH 
NATIONAL CANCER INSTITUTE 
For canying out section 301 and title IV of the Public Health 
Service Act with respect to cancer, $2,547,314,000. 
NATIONAL HEART, LUNG, AND BLOOD INSTITUTE 
For canying out section 301 and title IV of the Public Health 
Service Act with respect to cardiovascular, lung, and blood diseases, 
and blood and blood products, $1,531,061,000. 
I l l STAT. 1480 
PUBLIC LAW 105-78—NOV. 13, 1997 
NATIONAL INSTITUTE OF DENTAL RESEARCH 
For carrying out section 301 and title IV of the Public Health 
Service Act with respect to dental disease, $209,415,000. 
NATIONAL INSTITUTE OF DL\BETES AND DIGESTIVE AND KIDNEY 
DISEASES 
For canying out section 301 and title IV of the Public Health 
Service Act with respect to diabetes and digestive and kidney dis-
ease, $873,860,000. 
NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS AND STROKE 
For carrying out section 301 and title IV of the Public Health 
Service Act with respect to neurological disorders and stroke, 
$780,713,000. 
NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES 
For carrjdng out section 301 and title IV of the Public Health 
Service Act with respect to allergy and infectious diseases, 
$1,351,655,000. 
NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES 
For canying out section 301 and title IV of the Public Health 
Service Act with respect to general medical sciences, $1,065,947,000. 
NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN DEVELOPMENT 
For canying out section 301 and title IV of the Public Health 
Service Act with respect to child health and human development, 
$674,766,000. 
NATIONAL EYE INSTITUTE 
For canying out section 301 and title IV of the Public Health 
Service Act with respect to eye diseases and visu£il disorders, 
$355,691,000. 
NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES 
For carrying out sections 301 and 311 and title IV of the 
Public Health Service Act with respect to environmental health 
sciences, $330,108,000. 
NATIONAL INSTITUTE ON AGING 
For canying out section 301 and title IV of the Public Health 
Service Act with respect to aging, $519,279,000. 
NATIONAL INSTITUTE OF ARTHRITIS AND MUSCULOSKELETAL AND SKIN 
DISEASES 
For carrying out section 301 and title IV of the Public Health 
Service Act with respect to arthritis and musculoskeletal and skin 
diseases, $274,760,000. 
PUBLIC LAW 105-78—NOV. 13, 1997 
111 STAT. 1481 
NATIONAL INSTITUTE ON DEAFNESS AND OTHER COMMUNICATION 
DISORDERS 
For canying out section 301 and title IV of the Public Health 
Service Act with respect to deafness and other communication dis-
orders, $200,695,000. 
NATIONAL INSTITXTTE OF NURSING RESEARCH 
For carrjdng out section 301 and title IV of the Public Health 
Service Act with respect to nursing research, $63,597,000. 
NATIONAL INSTITUTE ON ALCOHOL ABUSE AND ALCOHOLISM 
For carrying out section 301 and title IV of the Public Health 
Service Act with respect to alcohol abuse and 
alcoholism, 
$227,175,000. 
NATIONAL INSTITUTE ON DRUG ABUSE 
For carrying out section 301 and title IV of the Public Health 
Service Act with respect to drug abuse, $527,175,000. 
NATIONAL INSTITUTE OF MENTAL HEALTH 
For canying out section 301 £uid title IV of the Public Health 
Service Act with respect to mental health, $750,241,000. 
NATIONAL HUMAN GENOME RESEARCH INSTITUTE 
For canying out section 301 and title IV of the Public Health 
Service Act with respect to human genome research, $217,704,000. 
NATIONAL 
CENTER 
FOR 
RESEARCH 
RESOURCES 
For carrying out section 301 and title IV of the Public Health 
Service Act with respect to research resources and general research 
support grants, $453,883,000: Provided, That none of these funds 
shall be used to pay recipients of the general research support 
grants program any amount for indirect expenses in connection 
with such grants: Provided further, That $20,000,000 shall be for 
extramural facilities construction grants. 
JOHN E. FOGARTY INTERNATIONAL CENTER 
For carrying out the activities at the John E. Fogarty Inter-
national Center, $28,289,000. 
NATIONAL LIBRARY OF MEDICINE 
For canying out section 301 and title IV of the Public Health 
Service Act with respect to health information communications, 
$161,185,000, of which $4,000,000 shall be available until expended 
for improvement of information systems: Provided, That in fiscal 
year 1998, the Library may enter into personal services contracts 
for the provision of services in facilities owned, operated, or con-
structed under the jurisdiction of the National Institutes of Hesdth. 
I l l STAT. 1482 
PUBLIC LAW 105-78—NOV. 13, 1997 
OFFICE OF THE DIRECTOR 
(INCLUDING TRANSFER OF FUNDS) 
For carrying out the responsibilities of the Office of the Director, 
National Institutes of Health, $296,373,000, of which $40,536,000 
shall be for the Office of AIDS Research: Provided, That funding 
shall be available for the purchase of not to exceed five passenger 
motor vehicles for replacement only: Provided further. That the 
Director may direct up to 1 percent of the total amount made 
available in this or any other Act to all National Institutes of 
Health appropriations to activities the Director may so designate: 
Notification. 
Provided further. That no such appropriation shall be decreased 
by more than 1 percent by any such transfers and that the Congress 
is promptly notified of the transfer: Provided further. That NIH 
is authorized to collect third party payments for the cost of clinical 
services that are incurred in National Institutes of Health research 
facilities and that such payments shsill be credited to the National 
Institutes of Health Management Fund: Provided further, 
That 
all funds credited to the NIH Management Fund shall remain 
available for one fiscal year after the fiscal year in which they 
are deposited: Provided further. That up to $500,000 shall be avail-
able to carry out section 499 of the Public Health Service Act: 
Provided further. That, notwithstanding section 499(k)(10) of the 
Public Health Service Act, funds from the National Foundation 
for Biomedical Research may be transferred to the National 
Institutes of Health: Provided fuHher, That $20,000,000 shall be 
available to carry out section 404E of the Public Health Service 
Act: Provided further, That of the funds available to carry out 
section 404E of the Public Health Service Act, not less than 
$7,000,000 shall be for peer reviewed complementary and alter-
native medicine research grants and contracts that respond to pro-
gram announcements and requests for proposals issued by the 
Office of Alternative Medicine. 
BUILDINGS AND FACILITIES 
For the study of, construction of, and acquisition of equipment 
for, facilities of or used by the National Institutes of Health, includ-
ing the acquisition of real property, $206,957,000, to remain avail-
able until expended, of which $90,000,000 shall be for the clinical 
research center and $16,957,000 for the Vaccine Facility: Provided, 
That notwithstanding any other provision of law, a single contract 
or related contracts for the development and construction of the 
clinical research center may be employed which collectively include 
the full scope of the project: Provided further. That the solicitation 
and contract shall contain the clause "availability of funds" found 
at 48 CFR 52.232-18: Provided further. That notwithstanding any 
other provision of law, a single contract or related contracts for 
the development and construction of the Vaccine Facility may be 
employed which collectively include the full scope of the project: 
Provided further. That the solicitation £ind contract shall contain 
the clause "availabiUty of fiinds" foimd in 48 CFR 52.232-18. 
PUBLIC LAW 105-78—NOV. 13, 1997 
111 STAT. 1483 
SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION 
SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES 
For carrying out titles V and XIX of the Public Health Service 
Act with respect to substance abuse and mental health services, 
the Protection and Advocacy for Mentally 111 Individuals Act of 
1986, and section 301 of the Public Health Service Act with respect 
to program management, $2,146,743,000, of which $10,000,000 shall 
be for grants to rural and Native American projects: Provided, 
That notwithstanding any other provision of law, each State's allot-
ment for fiscal year 1998 for each of the programs under subparts 
I and II of part B of title XIX of the Public Health Service Act 
shall be equal to such State's allotment for such programs for 
fiscal year 1997. 
RETIREMENT PAY AND MEDICAL BENEFITS FOR COMMISSIONED 
OFFICERS 
For retirement pay and medical benefits of Public Heedth Serv-
ice Commissioned Officers as authorized by law, and for payments 
under the Retired Serviceman's Family Protection Plan and Survi-
vor Benefit Plan and for medical care of dependents and retired 
personnel under the Dependents' Medical Care Act (10 U.S.C. ch. 
55), and for payments pursuant to section 229(b) of the Socisd 
Security Act (42 U.S.C. 429(b)), such amounts as may be required 
during the current fiscal year. 
AGENCY FOR HEALTH CARE POLICY AND RESEARCH 
HEALTH CARE POLICY AND RESEARCH 
For carrjdng out titles III and IX of the Public Health Service 
Act, and part A of title XI of the Social Security Act, $90,229,000; 
in addition, amounts received from Freedom of Information Act 
fees, reimbursable and interagency agreements, and the sale of 
data tapes shedl be credited to this appropriation and shall remain 
available until expended: Provided, That the amount made available 
pursuant to section 926(b) of the Public Health Service Act shall 
not exceed $56,206,000. 
HEALTH CARE FINANCING ADMINISTRATION 
GRANTS TO STATES FOR MEDICAID 
For carrying out, except as otherwise provided, titles XI and 
XIX of the Social Security Act, $71,602,429,000, to remain available 
until expended. 
For making, after May 31, 1998, pajrments to States under 
title XIX of the Social Security Act for the last quarter of fiscal 
year 1998 for unanticipated costs, incurred for the current fiscal 
year, such sums as may be necessary. 
For making pajrments to States under title XIX of the Social 
Security 
Act 
for 
the 
first 
quarter 
of 
fiscal 
year 
1999, 
$27,800,689,000, to remain available until expended. 
Payment under title XIX may be made for any quarter with 
respect to a State plan or plan amendment in effect during such 
quarter, if submitted in or prior to such quarter and approved 
in that or any subsequent quarter. 
I l l STAT. 1484 
PUBLIC LAW 105-78—NOV. 13, 1997 
PAYMENTS TO HEALTH CARE TRUST FUNDS 
For payment to the Federal Hospital Insurance and the Federal 
Supplementary Medical Insurance Trust Funds, as provided under 
sections 217(g) and 1844 of the Social Security Act, sections 103(c) 
and 111(d) of the Social Security Amendments of 1965, section 
278(d) of Public Law 97-248, and for administrative expenses 
incurred pursuant to section 201(g) of the Social Security Act, 
$60,904,000,000. 
PROGRAM MANAGEMENT 
For carrying out, except as otherwise provided, titles XI, XVIII, 
XIX and XXI of the Social Security Act, titles XIII and XXVII 
of the Public Health Service Act, and the Clinical Laboratory 
Improvement Amendments of 1988, not to exceed $1,743,066,000 
to be transferred from the Federal Hospital Insurance and the 
Federal Supplementary Medical Insurance Trust Funds, as author-
ized by section 201(g) of the Social Security Act; together with 
all funds collected in accordance with section 353 of the Public 
Health Service Act and such sums as may be collected from author-
ized user fees and the sale of data, which shall remain available 
until expended, and together with administrative fees collected 
relative to Medicare overpayment recovery activities, which shall 
remain available until expended: Provided, That all funds derived 
in accordance with 31 U.S.C. 9701 from organizations established 
under title XIII of the Public Health Service Act shall be credited 
to and available for carrying out the purposes of this appropriation: 
Provided further, That $900,000 shall be for carrying out section 
42 use 1395b 
4021 of Public Law 105-33: Provided further. That in carrying 
note. 
out its legislative mandate, the National Bipartisan Commission 
on the Future of Medicare shall examine the impact of increased 
investments in health research on future Medicare costs, and the 
potential for coordinating Medicare with cost-effective long-term 
care services: Provided further. 
That $40,000,000 appropriated 
under this heading for the transition to a single Part A and Part 
B processing system shall remain available until expended: Provided 
further, That funds appropriated under this heading may be obli-
gated to increase Medicare provider audits and implement the 
Department's corrective action plein to the Chief Financial Officer's 
audit of the Health Care Financing Administration's oversight of 
Medicare: Provided further. That the Secretary of Health and 
Human Services is directed to collect, in aggregate, $95,000,000 
in fees in fiscal year 1998 from Medicare + Choice organizations 
pursuant to section 1857(e)(2) of the Social Security Act and from 
eligible organizations with risk-sharing contracts under section 1876 
of that Act pursuant to section 1876(k)(4)(D) of that Act. 
HEALTH MAINTENANCE ORGANIZATION LOAN AND LOAN GUARANTEE 
FUND 
For canying out subsections (d) and (e) of section 1308 of 
the Public Health Service Act, any amounts received by the Sec-
retary in connection with loans and loan guarantees under title 
XIII of the Public Health Service Act, to be available without 
fiscal year limitation for the payment of outstanding obligations. 
During fiscal year 1998, no commitments for direct loans or loan 
guarantees shall be made. 
PUBLIC LAW 105-78—NOV. 13, 1997 
111 STAT. 1485 
ADMINISTRATION FOR CHILDREN AND FAMILIES 
FAMILY SUPPORT PAYMENTS TO STATES 
For niEiking pajrments to each State for carrying out the pro-
gram of Aid to Families with Dependent Children under title IV-
A of the Social Security Act before the effective date of the program 
of Temporary Assistance to Needy Families (TANF) with respect 
to such State, such sums as may be necessary: Provided, That 
the sum of the amounts available to a State with respect to expendi-
tures under such title IV-A in fiscal year 1997 under this appropria-
tion and under such title IV-A as amended by the Personal Respon-
sibility and Work Opportunity Reconciliation Act of 1996 shall 
not exceed the limitations under section 116(b) of such Act: Provided 
further, That, notwithstanding section 418(a) of the Social Security 
Act, for fiscal year 1997 only, the amount of payment under section 
418(a)(1) to which each State is entitled shall equal the amount 
specified as mandatory funds with respect to such State for such 
fiscal year in the table trsmsmitted by the Administration for Chil-
dren and Families to State Child Care and Development Block 
Grant Lead Agencies on August 27, 1996, and the amount of State 
expenditures in fiscal year 1994 or 1995 (whichever is greater) 
that equals the non-Federal share for the programs described in 
section 418(a)(1)(A) shall be deemed to equal the amount specified 
as maintenance of effort with respect to such State for fiscal year 
1997 in such table. 
For making, after May 31 of the current fiscal year, payments 
to States or other non-Federal entities under titles I, IV-D, X, 
XI, XIV, and XVI of the Social Security Act and the Act of July 
5, 1960 (24 U.S.C. ch. 9), for the last three months of the current 
year for unanticipated costs, incurred for the current fiscal year, 
such sums as may be necessary. 
For making payments to States or other non-Federal entities 
under titles I, IV-D, X, XI, XIV, and XV[ of the Social Security 
Act and the Act of July 5, 1960 (24 U.S.C. ch. 9), for the first 
quarter of fiscal year 1999, $660,000,000, to remain available until 
expended. 
LOW INCOME HOME ENERGY ASSISTANCE 
For making payments under title XXVI of the Omnibus Budget 
ReconciUation Act of 1981, $1,100,000,000, to be available for obHga-
tion in the period October 1, 1998 through September 30, 1999. 
For making 
payments 
under 
title XXVI of such 
Act, 
$300,000,000: Provided, That these funds are hereby designated 
by Congress to be emergency requirements pursuant to section 
251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control 
Act of 1985: Provided further. That these funds shall be made 
available only after submission to Congress of a formal budget 
request by the President that includes designation of the entire 
amount of the request as an emergency requirement as defined 
in the Balanced Budget {ind Emergency Deficit Control Act. 
REFUGEE AND ENTRANT ASSISTANCE 
For making payments for refugee and entrant assistance activi-
ties authorized by title IV of the Immigration £ind Nationality 
Act and section 501 of the Refugee Education Assistance Act of 
I l l STAT. 1486 
PUBLIC LAW 105-78—NOV. 13, 1997 
1980 (Public Law 96-422), $415,000,000: Provided, That funds 
appropriated pursuant to section 414(a) of the Immigration and 
Nationality Act under Public Law 104-134 for fiscal year 1996 
shall be available for the costs of assistance provided and other 
activities conducted in such year and in fiscal years 1997 and 
1998. 
CHILD CARE AND DEVELOPMENT BLOCK GRANT 
(INCLUDING TRANSFER OF FUNDS) 
For carrying out sections 658A through 658R of the Omnibus 
Budget Reconciliation Act of 1981 (The Child Care and Development 
Block Grant Act of 1990), in addition to amounts already appro-
priated for fiscal year 1998, $65,672,000; and to become available 
on October 1, 1998 and remain available through September 30, 
1999, $1,000,000,000: Provided, That of funds appropriated for each 
of fiscal years 1998 and 1999, $19,120,000 shall be available for 
child care resource and referral and school-aged child care activities, 
of which for fiscal year 1998 $3,000,000 shall be derived from 
an amount that shall be transferred from the amount appropriated 
under section 452(j) of the Social Security Act (42 U.S.C. 6520")) 
for fiscal year 1997 and remaining available for expenditure: Pro-
vided further. That of the funds provided for fiscal year 1998, 
$50,000,000 shall be reserved by the States for activities authorized 
under section 658G of the Omnibus Budget Reconciliation Act of 
1981 (The Child Care and Development Block Grant Act of 1990), 
such funds to be in addition to the amounts required to be reserved 
by States under such section 658G. 
SOCIAL 
SERVICES 
BLOCK GRANT 
For making grants to States pursuant to section 2002 of the 
Social Security Act, $2,299,000,000: Provided, That notwithstanding 
section 2003(c) of such Act, as amended, the amount specified 
for allocation under such section for fiscal year 1998 shall be 
$2,299,000,000. 
CHILDREN AND FAMILIES SERVICES PROGRAMS 
(INCLUDING RESCISSIONS) 
For carrying out, except as otherwise provided, the Runaway 
and Homeless Youth Act, the Developmental Disabilities Assistance 
and Bill of Rights Act, the Head Start Act, the Child Abuse Preven-
tion and Treatment Act (including section 105(a)(2) of the Child 
Abuse Prevention and Treatment Act), the Family Violence Preven-
tion and Services Act, the Native American Programs Act of 1974, 
title II of Public Law 95-266 (adoption opportunities), the Aban-
doned Infants Assistance Act of 1988, part B(l) of title IV and 
sections 413, 429A and 1110 of the Social Security Act; for making 
pajonents under the Community Services Block Grant Act; and 
for necessary administrative expenses to carry out said Acts and 
titles I, IV, X, XI, XIV, XVI, and XX of the Social Security Act, 
the Act of July 5, 1960 (24 U.S.C. ch. 9), the Omnibus Budget 
Reconciliation Act of 1981, title IV of the Immigration and National-
ity Act, section 501 of the Refugee Education Assistance Act of 
1980, and section 126 and titles IV and V of Public Law 100-
485, $5,682,916,000, of which $542,165,000 shall be for making 
PUBLIC LAW 105-78—NOV. 13, 1997 
111 STAT. 1487 
payments under the Community Services Block Grant Act, and 
of which $4,355,000,000 shall be for making payments under the 
Head Start Act: Provided, That of the funds made available for 
the Head Start Act, $279,250,000 shall be set aside for the Head 
Start Program for Families with Infants and Toddlers (Early Head 
Start): Provided further, That to the extent Community Services 
Block Grant funds are distributed as grant funds by a State to 
an eligible entity as provided under the Act, and have not been 
expended by such entity, they shall remain with such entity for 
carryover into the next fiscal year for expenditure by such entity 
consistent with program purposes. 
In addition, $93,000,000, to be derived from the Violent Crime 
Reduction Trust Fund, for carrying out sections 40155, 40211 and 
40241 of Public Law 103-322. 
Funds appropriated for fiscal year 1998 under section 429A(e), 
part B of title IV of the Social Security Act shsill be reduced 
by $6,000,000. 
Funds appropriated for fiscal year 1998 under section 413(h)(1) 
of the Social Security Act shall be reduced by $15,000,000. 
FAMILY 
PRESERVATION 
AND 
SUPPORT 
For carrying out section 430 of the Social Security Act, 
$255,000,000. 
PAYMENTS TO STATES FOR FOSTER CARE AND ADOPTION ASSISTANCE 
For making payments to States or other non-Federal entities, 
under title IV-E of the Social Security Act, $3,200,000,000. 
For making payments to States or other non-Federal entities, 
under title IV-E of the Social Security Act, for the first quarter 
of fiscal year 1999, $1,157,500,000. 
ADMINISTRATION ON AGING 
AGING SERVICES PROGRAMS 
For carrying out, to the extent not otherwise provided, the 
Older Americans Act of 1965, as amended, $865,050,000: Provided, 
That notwithstanding section 308(b)(1) of such Act, the amounts 
available to each State for administration of the State plan under 
title III of such Act shall be reduced not more than 5 percent 
below the amount that was available to such State for such purpose 
for fiscal year 1995: Provided further. That of the funds appropriated 
to carry out section 303(a)(1) of such Act, ^4,449,000 shall be 
available for ceirrjring out section 702(a) of such Act and $4,732,000 
shall be available for canying out section 702(b) of such Act: Pro-
vided further, That in considering grant applications for nutrition 
services for elder Indian recipients, the Assistant Secretary shall 
provide maximum flexibility to applicants who seek to take into 
account subsistence, local customs, and other characteristics that 
are appropriate to the unique cultural, regional, and geographic 
needs of the American Indian, Alaska and Hawaiian Native commu-
nities to be served. 
I l l STAT. 1488 
PUBLIC LAW 105-78—NOV. 13, 1997 
OFFICE OF THE SECRETARY 
GENERAL DEPARTMENTAL MANAGEMENT 
For necessary expenses, not otherwise provided, for general 
departmental management, including hire of six sedans, and for 
carrying out titles III, XVII, and XX of the Public Health Service 
Act, and the United States-Mexico Border Health Commission Act, 
$171,631,000, of which $500,000 shall remain available until 
expended, together with $5,851,000, to be transferred and expended 
as authorized by section 201(g)(1) of the Social Security Act from 
the Hospital Insureince Trust Fund and the Supplemental Medical 
Insurance Trust Fund: Provided, That of the funds made available 
under this heading for carrying out title XVII of the Public Health 
Service Act, $1,500,000 shall be available imtil expended for extra-
mural construction. 
OFFICE OF INSPECTOR GENERAL 
For expenses necessary for the Office of Inspector General 
in carrying out the provisions of the Inspector General Act of 
1978, as amended, $31,921,000. 
OFFICE FOR CIVIL RIGHTS 
For expenses necessary for the Office for Civil Rights, 
$16,345,000, together with not to exceed $3,314,000, to be trans-
ferred and expended as authorized by section 201(g)(1) of the Social 
Security Act from the Hospital Insurance Trust Fimd and the 
Supplemental Medical Insurance Trust Fund. 
POLICY RESEARCH 
For canying out, to the extent not otherwise provided, research 
studies under section 1110 of the Social Security Act, $14,000,000. 
GENERAL PROVISIONS 
SEC. 201. Funds appropriated in this title shall be available 
for not to exceed $37,000 for official reception and representation 
expenses when specifically approved by the Secretary. 
Children, youth 
SEC. 202. The Secretary shall make available through assign-
ed families, 
ment 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 Emer-
gency Fund or the World Health Organization. 
SEC. 203. None of the funds appropriated under this Act may 
be used to implement section 399L(b) of the PubHc Health Service 
Act or section 1503 of the National Institutes of Health Revitaliza-
tion Act of 1993, PubKc Law 103-43. 
SEC. 204. None of the funds appropriated in this Act for the 
National Institutes of Health and the Substance Abuse and Mental 
Health Services Administration shall be used to pay the salary 
of an individual, through a grant or other extramural mechanism, 
at a rate in excess of $125,000 per year. 
SEC. 205. None of the fimds appropriated in this Act may 
be expended pursuant to section 241 of the Public Health Service 
Act, except for fimds specifically provided for in this Act, or for 
PUBLIC LAW 105-78—NOV. 13, 1997 
111 STAT. 1489 
other taps and assessments made by any office located in the 
Department of Health and Human Services, prior to the Secretar/s 
preparation and submission of a report to the Committee on Appro-
priations of the Senate and of the House detailing the planned 
uses of such funds. 
SEC. 206. None of the funds appropriated in this Act may 
be obligated or expended for the Federal Council on Aging under 
the Older Americans Act or the Advisory Board on Child Abuse 
and Neglect under the Child Abuse Prevention and Treatment 
Act. 
(TRANSFER OF FUNDS) 
SEC. 207. Not to exceed 1 percent of any discretionary funds 
(pursuant to the Balanced Budget and Emergency Deficit Control 
Act, as amended) which are appropriated for the current fiscal 
year for the Department of Health and Human Services in this 
Act may be transferred between appropriations, but no such appro-
priation shall be increased by more than 3 percent by any such 
transfer: Provided, That the Appropriations Committees of both 
Houses of Congress are notified at least fifteen days in advance 
of any transfer. 
SEC. 208. The Director of the National Institutes of Health, 
jointly with the Director of the Office of AIDS Research, may 
transfer up to 3 percent among institutes, centers, and divisions 
from the total amoiuits identified by these two Directors as funding 
for research pertaining to the human immunodeficiency virus: Pro-
vided, That the Congress is promptly notified of the transfer. 
SEC. 209. Of the amounts made available in this Act for the 
National Institutes of Health, the amount for research related to 
the human immunodeficiency virus, as jointly determined by the 
Director of NIH and the Director of the Office of AIDS Research, 
shall be made available to the "Office of AIDS Research" accpunt. 
The Director of the Office of AIDS Research shall transfer from 
such account amounts necessary to carry out section 2353(d)(3) 
of the Public Health Sen'^ice Act. 
SEC. 210. Funds appropriated in this Act for the National 
Institutes of Health may be used to provide transit subsidies in 
amounts consistent with the transportation subsidy programs 
authorized under section 629 of Public Law 101-509 to non-FTE 
bearing positions including trainees, visiting fellows and volunteers. 
SEC. 211. (a) The Secretary of Health and Human Services 42USC247e 
may in accordance with this section provide for the relocation note. 
of the Federal facility known as the Gillis W. Long Hansen's Disease 
Center (located in the vicinity of Carville, in the State of Louisiana), 
including the relocation of the patients of the Center. 
(b)(1) Subject to paragraph (2), in relocating the Center the 
Secretary may on behalf of the United States transfer to the State 
of Louisiana, without charge, title to the real property and improve-
ments that as of the date of the enactment of this Act constitute 
the Center. Such real property is a parcel consisting of approxi-
mately 330 acres. The exact acreage and legal description used 
for purposes of the transfer shall be in accordance with a survey 
satisfactory to the Secretary. 
(2) Any conveyance under paragraph (1) is not effective unless 
the deed or other instrument of conveyance contains the conditions 
specified in subsection (d); the instrument specifies that the United 
States and the State of Louisiana agree to such conditions; and 
I l l STAT. 1490 
PUBLIC LAW 105-78—NOV. 13, 1997 
the instrument specifies that, if the State engages in a material 
breach of the conditions, title to the real property and improvements 
involved reverts to the United States at the election of the Secretary. 
(c)(1) With respect to Federal equipment and other items of 
Federal personal property that are in use at the Center as of 
the date of the enactment of this Act, the Secretary may, subject 
to paragraph (2), transfer to the State such items as the Secretary 
determines to be appropriate, if the Secretary makes the transfer 
under subsection (b). 
(2) A transfer of equipment or other items may be made under 
paragraph (1) only if the State agrees that, during the 30-year 
period beginning on the date on which the transfer under subsection 
(b) is made, the items will be used exclusively for purposes that 
promote the hesdth or education of the public, except that the 
SecretEiry may authorize such exceptions as the Secretary deter-
mines to be appropriate. 
(d) For purposes of subsection (b)(2), the conditions specified 
in this subsection with respect to a transfer of title are the following: 
(1) During the 30-year period beginning on the date on 
which the transfer is made, the real property and improvements 
referred to in subsection (b)(1) (referred to in this subsection 
as the "transferred propertjr^') will be used exclusively for pur-
poses that promote the health or education of the public, with 
such incidental exceptions as the Secretary may approve. 
(2) For purposes of monitoring the extent to which the 
tremsferred property is being used in accordance with paragraph 
(1), the Secretary will have access to such documents as the 
Secretary determines to be necessary, and the Secretary may 
require the advance approval of the Secretary for such con-
tracts, conveyances of real or personal property, or other trans-
actions as the Secretary determines to be necessary. 
(3) The relocation of patients from the transferred property 
will be completed not later than 3 years after the date on 
which the transfer is made, except to the extent the Secretary 
determines that relocating particular patients is not feasible. 
During the period of relocation, the Secretary will have unre-
stricted access to the transferred property, and after such period 
will have such access as may be necessary with respect to 
the patients who pursuant to the preceding sentence are not 
relocated. 
(4)(A) With respect to projects to make repairs and energy-
related improvements at the transferred property, the Secretary 
will provide for the completion of all such projects for which 
contracts have been awarded and appropriations have been 
made as of the date on which the transfer is made. 
(B) If upon completion of the projects referred to in subpara-
graph (A) there are any unobligated balances of amounts appro-
priated for the projects, and the sum of such balances is in 
excess of $100,000— 
(i) the Secretary will transfer the amount of such excess 
to the State; and 
(ii) the State will expend such amount for the purposes 
referred to in paragraph (1), which may include the renova-
tion of facilities at the transferred property. 
(5)(A) The State will maintain the cemetery located on 
the transferred property, will permit individuals who were long-
-' "-••,-*-«s*--. 
PUBLIC LAW 105-78—NOV. 13, 1997 
111 STAT. 1491 
term-care patients of the Center to be buried at the cemetery, 
and will permit members of the public to visit the cemetery. 
(B) The State will permit the Center to maintain a museum 
on the transferred property, and will permit members of the 
public to visit the museum. 
(C) In the case of £iny waste products stored at the trans-
ferred property as of the date of the transfer, the Federal 
Government will after the transfer retain title to and respon-
sibility for the products, and the State will not require that 
the Federal Government remove the products from the trans-
ferred property. 
(6) In the case of each individual who as of the date 
of the enactment of this Act is a Federal employee at the 
transferred property with facilities management or dietary 
duties: 
(A) The State will offer the individual an emplojrment 
position with the State, the position with the State will 
have duties similar to the duties the individual performed 
in his or her most recent position at the transferred prop-
erty, and the position with the State will provide compensa-
tion and benefits that are similar to the compensation 
and benefits provided for such most recent position, subject 
to the concurrence of the Grovemor of the State. 
(B) If the individual becomes sua. employee of the State 
pursuant to subparagraph (A), the State will make pay-
ments in accordance with subsection (e)(2)(B) (relating to 
disability), as applicable with respect to the individual. 
(7) The Federal Government may, consistent with the 
intended uses by the State of the transferred property, carry 
out at such property activities regarding at-risk youth. 
(8) Such additional conditions as the Secretary determines 
to be necessary to protect the interests of the United States. 
(e)(1) This subsection applies if the transfer under subsection Applicability, 
(b) is made. 
(2) In the case of each individual who as of the date of the 
enactment of this Act is a Federal employee at the Center with 
facilities management or dietary duties, and who becomes an 
employee of the State pursuant to subsection (d)(6)(A): 
(A) The provisions of subchapter III of chapter 83 of title 
5, United States Code, or of chapter 84 of such title, whichever 
are applicable, that relate to disability shall be considered 
to remain in effect with respect to the individual (subject to 
subparagraph (C)) until the esirlier of— 
(i) the expiration of the 2-year period beginning on 
the date on which the transfer under subsection (b) is 
made; or 
(ii) the date on which the individual first meets all 
conditions for coverage under a State program for payments 
during retirement by reason of disability. 
(B) The payments to be made by the State pursuant to 
subsection (d)(6)(B) with respect to the individual are pa3anents 
to the Civil Service Retirement and Disability Fund, if the 
individual is receiving Federal disability coverage pursuant 
to subparagraph (A). Such payments are to be made in a 
total amount equal to that portion of the normal-cost percentage 
(determined through the use of dynamic assumptions) of the 
basic pay of the individual that is allocable to such coverage 
I l l STAT. 1492 
PUBLIC LAW 105-78—NOV. 13, 1997 
and is paid for service performed during the period for which 
such coverage is in effect. Such amount is to be determined 
in accordance with chapter 84 of such title 5, is to be paid 
at such time and in such manner as mutually agreed by the 
State and the Office of Personnel Management, and is in lieu 
of individual or agency contributions otherwise required. 
(C) In the determination pursuant to subparagraph (A) 
of whether the individual is eligible for Federal disability cov-
erage (during the applicable period of time under such subpara-
graph), service as an employee of the State after the date 
of the transfer under subsection (b) shall be counted toward 
the service requirement specified in the first sentence of section 
8337(a) or 8451(a)(1)(A) of such title 5 (whichever is applicable). 
(3) In the case of each individual who as of the date of the 
enactment of this Act is a Federal employee with a position at 
the Center and is, for duty at the Center, receiving the pay differen-
tial under section 208(e) of the Public Health Service Act or under 
section 5545(d) of title 5, United States Code: 
(A) If as of the date of the transfer under subsection (b) 
the individual is eligible for an annuity under section 8336 
or 8412 of title 5, United States Code, then once the individual 
separates from the service and thereby becomes entitled to 
receive the annuity, the pay differential shall be included in 
the computation of the annuity if the individual separated 
from the service not later than the expiration of the 90-day 
period beginning on the date of the transfer. 
(B) If the individual is not eligible for such an annuity 
as of the date of the transfer under subsection (b) but subse-
quently does become eligible, then once the individual separates 
from the service and thereby becomes entitled to receive the 
annuity, the pay differential shall be included in the computa-
tion of the annuity if the individual separated from the service 
not later than the expiration of the 90-day period beginning 
on the date on which the individual first became eligible for 
the annuity. 
(C) For purposes of this paragraph, the individual is eligible 
for the annuity if the individual meets all conditions under 
such section 8336 or 8412 to be entitled to the annuity, except 
the condition that the individual be separated from the service. 
(4) With respect to individuals who as of the date of the enact-
ment of this Act are Federal employees with positions at the Center 
and are not, for duty at the center, receiving the pay differential 
under section 208(e) of the Public Health Service Act or under 
section 5545(d) of title 5, United States Code: 
(A) During the calendar years 1997 and 1998, the Secretary 
may in accordance with this paragraph provide to any such 
individual a voluntary separation incentive pa3naient. The pur-
pose of such payments is to avoid or minimize the need for 
involuntary separations under a reduction in force with respect 
to the Center. 
(B) During calendar year 1997, any pajrment 
under 
subparagraph (A) shall be made under section 663 of the Treas-
ury, Postal Service, and Greneral Government Appropriations 
Act, 1997 (as contained in section 101(f) of division A of Public 
Law 104-208), except that, for purposes of this subparagraph, 
subsection (b) of such section 663 does not apply. 
PUBLIC LAW 105-78—NOV. 13, 1997 
111 STAT. 1493 
(C) During calendar year 1998, such section 663 applies Applicability, 
with respect to payments under subparagraph (A) to the same 
extent and in the same manner as such section applied with 
respect to the payments during fiscal year 1997, and for pur-
poses of this subparagraph, the reference in subsection (c)(2)(D) 
of such section 663 to December 31, 1997, is deemed to be 
a reference to December 31, 1998. 
(f) The following provisions apply if under subsection (a) the Applicability. 
Secretary makes the decision to relocate the Center: 
(1) The site to which the Center is relocated shall be 
in the vicinity of Baton Rouge, in the State of Louisiana. 
(2) The facility involved shall continue to be designated 
as the Gillis W. Long Hansen's Disease Center. 
(3) The SecretEiry shall make reasonable efforts to inform 
the patients of the Center with respect to the planning and 
carrying out of the relocation. 
(4) In the case of each individual who as of October 1, 
1996, was a patient of the Center and is considered by the 
Director of the Center to be a long-term-care patient (referred 
to in this subsection as an "eligible patient"), the Secretary 
shall continue to provide for the long-term care of the eligible 
patient, without charge, for the remainder of the life of the 
patient. 
(5)(A) For purposes of paragraph (4), an eligible patient 
who is leggdly competent has the following options with respect 
to support and maintenance and other nonmedical expenses: 
(i) For the remainder of his or her life, the patient 
may reside at the Center. 
(ii) For the remainder of his or her life, the patient 
may receive payments each year at an annual rate of 
$33,000 (adjusted in accordance with subparagraphs (C) 
and (D)), and may not reside at the Center. Payments 
under this clause are in complete discharge of the obligation 
of the Federal Government under paragraph (4) for support 
and maintenance and other nonmedical expenses of the 
patient. 
(B) The choice by an eligible patient of the option under 
clause (i) of subparagraph (A) may at any time be revoked 
by the patient, and the patient may instead choose the option 
under clause (ii) of such subparagraph. The choice by an eligible 
patient of the option under such clause (ii) is irrevocable. 
(C) Pa3anents under subparagraph (A)(ii) shall be made 
on a monthly basis, and shall be pro rated as applicable. In 
1999 and each subsequent year, the monthly amount of such 
payments shall be increased by a percentage equal to any 
percentage increase taking effect under section 215(i) of the 
Social Security Act (relating to a cost-of-living increase) for 
benefits under title II of such Act (relating to Federal old-
age, survivors, and disability insurance benefits). Any such 
percentage increase in monthly payments under subparagraph 
(A)(ii) shall take effect in the same month as the percentage 
increase under such section 215(i) takes effect. 
(D) With respect to the provision of outpatient and 
inpatient medical care for Hansen's disease and related com-
plications to an eligible patient: 
I l l STAT. 1494 
PUBLIC LAW 105-78—NOV. 13, 1997 
(i) The choice the patient makes under subparagraph 
(A) does not affect the responsibiHty of the Secretary for 
providing to the patient such care at or through the Center. 
(ii) If the patient chooses the option under subpara-
graph (A)(ii) and receives inpatient care at or through 
the Center, the Secretary may reduce the amount of pay-
ments under such subparagraph, except to the extent that 
reimbursement for the expenses of such care is available 
to the provider of the care through the program under 
title XVIII of the Social Security Act or the program under 
title XIX of such Act. Any such reduction shall be made 
on the basis of the number of days for which the patient 
received the inpatient care. 
(6) The Secretary shall provide to each eligible patient 
such information and time as may be necessary for the patient 
to make an informed decision regarding the options under 
paragraph (5)(A). 
(7) After the date of the enactment of this Act, the Center 
may not provide long-term care for any individual who as 
of such date was not receiving such care as a patient of the 
Center. 
(8) If upon completion of the projects referred to in sub-
section (d)(4)(A) there are unobligated balances of amounts 
appropriated for the projects, such balances are available to 
the Secretary for expenses relating to the relocation of the 
Center, except that, if the sum of such balances is in excess 
of $100,000, such excess is available to the State in accordance 
with subsection (d)(4)(B). The amounts available to the Sec-
retary pursuEint to the preceding sentence are available until 
expended. 
(g) For purposes of this section: 
(1) The term "Center" means the Gillis W. Long Hansen's 
Disease Center. 
(2) The term "Secretary" means the Secretary of Health 
and Human Services. 
(3) The term "State" means the State of Louisiana. 
(h) Section 320 of the PubHc Health Service Act (42 U.S.C. 
247e) is amended by striking the section designation and all that 
follows and inserting the following: 
Louisiana. 
"SEC. 320. (a)(1) At or through the Gillis W. Long Hansen's 
Disease Center (located in the State of Louisiana), the Secretary 
shall without charge provide short-term care and treatment, includ-
ing outpatient care, for Hansen's disease and related complications 
to any person determined by the Secretary to be in need of such 
care £ind treatment. The Secretary may not at or through such 
Center provide long-term care for any such disease or complication. 
"(2) The Center referred to in paragraph (1) shall conduct 
training in the diagnosis and management of Hansen's disease 
and related complications, and shall conduct and promote the 
coordination of research (including clinical research), investigations, 
demonstrations, and studies relating to the causes, diagnosis, treat-
ment, control, and prevention of Hansen's disease and other 
mycobacterial diseases eind complications related to such diseases. 
"(3) Paragraph (1) is subject to section 211 of the Department 
of Health and Human Services Appropriations Act, 1998. 
"(b) In addition to the Center referred to in subsection (a), 
the Secretary may establish sites regarding persons with Hansen's 
^.^^Bsl*;^' ~ ' 
PUBLIC LAW 105-78—NOV. 13, 1997 
111 STAT. 1495 
disease. Each such site shall provide for the outpatient care and 
treatment for Hginsen's disease and related complications to any 
person determined by the Secretary to be in need of such care 
and treatment. 
"(c) The Secretary shall carry out subsections (a) and (b) acting 
through an agency of the Service. For purposes of the preceding 
sentence, the agency designated by the Secretary shall carry out 
both activities relating to the provision of health services and activi-
ties relating to the conduct of research. 
"(d) The Secretary shall make payments to the Board of Health 
of the State of Hawaii for the care and treatment (including out-
patient care) in its facilities of persons suffering from Hansen's 
disease at a rate determined by the Secretary. The rate shall 
be approximately equal to the operating cost per patient of such 
facilities, except that the rate may not exceed the comparable 
costs per patient with Hansen's disease for care and treatment 
provided by the Center referred to in subsection (a). Pajrments 
under this subsection are subject to the availability of appropria-
tions for such purpose.". 
SEC. 212. None of the funds appropriated in the Act may 
be made available to any entity under title X of the Public Health 
Service Act unless the applicant for the award certifies to the 
Secretary that it encourages family participation in the decision 
of minors to seek family planning services and that it provides 
counseling to minors on how to resist attempts to coerce minors 
into engaging in sexual activities. 
COMPREHENSIVE INDEPENDENT STUDY OF NIH RESEARCH PRIORITY 
SETTING 
SEC 213. (a) STUDY BY THE INSTITUTE OF MEDICINE.—^Not Contracts, 
later thsin 30 days after the date of enactment of this Act, the 
SecretEiry of Health and Humgin Services shall enter into a contract 
with the Institute of Medicine to conduct a comprehensive study 
of the policies and process used by the National Institutes of Healtn 
to determine funding allocations for biomedical research. 
(b) MATTERS TO B E ASSESSED.—^The study under subsection 
(a) shall assess— 
(1) the factors or criteria used by the National Institutes 
of Health to determine funding allocations for disease research; 
(2) the process by which research funding decisions are 
made; 
(3) the mechanisms for public input into the priority setting 
process; and 
(4) the impact of statutory directives on research funding 
decisions. 
(c) REPORT.— 
(1) IN GENERAL.—^Not later than 6 months after the date 
on which the Secretary of Health and Human Services enters 
into the contract under subsection (a), the Institute of Medicine 
shall submit a report concerning the study to the Committee 
on Labor and Human Resources and the Committee on Appro-
priations of the Senate, and the Committee on Commerce and 
the Committee on Appropriations of the House of Representa-
tives. 
(2) REQUIREMENT.—^The report under paragraph (1) shall 
set forth the findings, conclusions, and recommendations of 
the Institute of Medicine for improvements in the National 
I l l STAT. 1496 
PUBLIC LAW 105-78—NOV. 13, 1997 
Department of 
Education 
Appropriations 
Act, 1998. 
Federal Register, 
publication. 
Institutes of Health research funding policies and processes 
and for any necessary congressional action. 
This title may be cited as the "Department of Health and 
Human Services Appropriations Act, 1998". 
TITLE III—DEPARTMENT OF EDUCATION 
EDUCATION REFORM 
For carrying out activities authorized by titles III and IV of 
the 
Goals 2000: Educate America Act, the 
School-to-Work 
Opportimities Act, and sections 3132, 3136, and 3141 and parts 
B, C, and D of title III of the Elementary and Secondary Education 
Act of 1965, $1,275,035,000, of which $464,500,000 for the Goals 
2000: Educate America Act and $200,000,000 for the School-to-
Work Opportunities Act shall become av£iilable on July 1, 1998, 
and remain available through September 30, 1999: Provided, That 
none of the funds appropriated under this heading shall be obligated 
or expended to carry out section 304(a)(2)(A) of the Goals 2000: 
Educate America Act, except that no more than $1,500,000 may 
be used to carry out activities under section 314(a)(2) of that Act: 
Provided further, That section 315(a)(2) of the Goals 2000 Act 
shall not apply: Provided further, That up to one-half of 1 percent 
of the amount available under section 3132 shall be set aside 
for the outljdng areas, to be distributed on the basis of their relative 
need as determined by the Secretary in accordance with the pur-
poses of the program: Provided further. That if any State edu-
cational agency does not apply for a grant under section 3132, 
that States allotment under section 3131 shall be reserved by 
the Secretary for grants to local educational agencies in that State 
that apply directly to the Secretary according to the terms and 
conditions published by the Secreteiry in the Federal Register: Pro-
vided fiirther. That of the funds made available under section 
3136, $5,000,000 shall be provided to the Hospitals, Universities, 
Businesses, and Schools program to develop a regional information 
infrastructure in the mid-Atlantic region, $7,300,000 shall be for 
the "I Can Learn" project to integrate technology into eighth grade 
algebra classrooms and $800,000 shedl be provided for a distance 
education network involving a consortium of nine school districts 
and Nicolet Area Technical College: Provided further, That of the 
amoiuit available for title III, part B of the Elementary and Second-
ary Education Act of 1965, as amended, $8,000,000 shall be awarded 
to continue and expand the Iowa Communication Network statewide 
fiber optic demonstration project. 
EDUCATION FOR THE DISADVANTAGED 
For carrying out title I of the Elementary and Secondary Edu-
cation Act of 1965, and section 418A of the Higher Education 
Act, $8,021,827,000, of which $6,553,249,000 shall become available 
on July 1, 1998, and shall remain available through September 
30, 1999, and of which $1,448,386,000 shall become available on 
October 1, 1998 and shall remain available through September 
30, 
1999, 
for 
academic 
year 
1998-1999: 
Provided, 
That 
$6,273,212,000 shall be available for basic grants under section 
1124: Provided further, That up to $3,500,000 of these funds shall 
be available to the Secretary on October 1, 1997, to obtain updated 
locsd-educational-agency-level census poverty data from the Bureau 
PUBLIC LAW 105-78—NOV. 13, 1997 
111 STAT. 1497 
of the Census: Provided further, That $1,102,020,000 shall be avail-
able for concentration grants under section 1124A, $6,977,000 shall 
be available for evaluations under section 1501 and not more than 
$7,500,000 shall be reserved for section 1308, of which not more 
than $3,000,000 shall be reserved for section 1308(d): Provided 
further, That grant awards under section 1124 and 1124A of title 
I of the Elementary and Secondary Education Act shall be made 
to each State or local educational agency at no less than 100 
percent of the amount such State or local educational agency 
received under this authority for fiscal year 1997 under Public 
Laws 104-208 and 105-18: Provided further, That in determining 
State allocations under iEiny other program administered by the 
Secretary, amounts provided under Public Law 105-18, or equiva-
lent amounts provided for in this Act, will not be taken into account 
in 
determining 
State 
allocations: 
Provided 
further. 
That 
$120,000,000 shall be available under section 1002(g)(2) to dem-
onstrate effective approaches to comprehensive school reform to 
be allocated and expended in accordance with the instructions relat-
ing to this proviso in the statement of the managers on the con-
ference report accompanying this Act: Provided further, That in 
carrying out this initiative, the Secretary and the States shall 
support only approaches that show the most promise of enabling 
children served by title I to meet challenging State content stand-
ards and chgQlenging State student performance standards based 
on reliable research and effective practices, and include an emphasis 
on basic academics and parental involvement: Provided 
further. 
That such funds shall not be available for section 1503. 
IMPACT AID 
For canying out programs of financial assistance to federsilly 
affected schools authorized by title VIII of the Elementary and 
Secondary 
Education 
Act 
of 
1965, $808,000,000, of which 
$662,000,000 shall be for basic support payments under section 
8003(b), $50,000,000 shall be for payments for children with disabil-
ities under section 8003(d), $62,000,000, to remain available until 
expended, shall be for pajrments under section 8003(f), $7,000,000 
shall be for construction under section 8007, £ind $24,000,000 shall 
be for Federal property pajrments under section 8002 of which 
such sums as may be necessary shall be for section 8002(j) and 
$3,000,000, to remain available until expended, shall be for facilities 
maintenance under section 8008: Provided, That section 8003(f)(2) 
of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
7709(f)(2)) is amended in clause (ii) in subclause (I) by striking 20USC7703. 
"35 percent" and all that follows through the semicolon, and insert-
ing the following: "25 percent of the total student enrollment of 
such agency. For purposes of this subclause, all students described 
in section 8003(a)(1) are used to determine eligibility, regardless 
of whether or not a local educational agency receives funds for 
these children from section 8003(b) of the Act;". 
The amendment made by this proviso shall apply with respect Applicability, 
to fiscal years beginning with fiscal year 1996: Provided, That 20USC7703 
the Secretary of Education shsdl treat as timely filed, and shall °
°
*
®
* 
process for payment, an application for a fiscal year 1998 pa3anent 
from the local educational agency for Boston, Massachusetts, under 
section 8003 of the Elementary and Secondary Education Act of 
1965 if the Secretary has received that application not later than 
30 days after the enactment of this Act: Provided further. That 
39-194 O - 97 - 14 : QL 3 Part 2 
I l l STAT. 1498 
PUBLIC LAW 105-78—NOV. 13, 1997 
the Secretary of Education shall forgive any overpayments estab-
lished for fiscal year 1994 under section 3(d)(2)(B) of the Act of 
September 30, 1950 (Public Law 874—81st Congress), for any local 
educational agency in the State of Texas receiving funds appro-
priated for fiscal ye£ir 1994 under the authority of this section: 
Provided further^ That section 8002 of the Elementary and Edu-
cation Act of 1965 (20 U.S.C. 7702) is amended by adding the 
following new subsection: 
"(j) ADDITIONAL ASSISTANCE FOR CERTAIN LOCAL EDUCATIONAL 
AGENCIES IMPACTED BY FEDERAL PROPERTY ACQUISITION.— 
"(1) RESERVATION.—^From amounts appropriated under sec-
tion 8014(g) for a fiscal year, the Secretary shall provide addi-
tional assistance to meet special circumstances relating to the 
provision of education in local educational agencies eligible 
to receive assistance under this section. 
"(2) ELIGIBILITY.—(A) A local educational agency is eligible 
to receive additional assistance under this subsection only if 
such agency— 
"(i) received a payment under both this section and 
section 8003(b) for fiscal year 1996 and is eligible to receive 
payments under those sections for the year of application; 
"(ii) provided a free public education to children 
described under sections 8003(a)(1)(A), (B), or (D); 
"(iii) had a military installation located within the 
geographic boundaries of the local educational agency that 
was closed as a result of base closure or realignment; 
"(iv) remains responsible for the free public education 
of children residing in housing located on Federal property 
within the boundsiries of the closed military installation 
but whose parents are on active duty in the uniformed 
services and assigned to a military activity located within 
the boundaries of an adjoining local educational agency; 
and 
"(v) demonstrates to the satisfaction of the Secretary 
that such agency's per-pupil revenue derived from local 
sources for current expenditures is not less than that reve-
nue for the preceding fiscal year. 
"(3) MAXIMUM AMOUNT.—(A) The maximum amount that 
a local educational agency is eligible to receive under this 
subsection for any fiscal year, when combined with its pajnnent 
under subsection (b), shall not be more than 50 percent of 
the maximum amount determined under subsection (b); 
"(B) If funds appropriated under section 8014(g) are insuffi-
cient to pay the amount determined under subparagraph (A), 
the Secretary shall ratably reduce the payment to each local 
education agency eligible under this subsection; 
"(C) If funds appropriated under section 8014(g) are in 
excess of the amount determined under subparagraph (A) the 
Secretary shall ratably distribute any excess funds to all local 
educational agencies eligible for payment under subsection (b) 
of this section.": 
Provided further. That section 8014 of the Elementary and Second-
ary Education Act of 1965 (20 U.S.C. 7714) is amended by adding 
the following new subsection: 
"(g) ADDITIONAL ASSISTANCE FOR CERTAIN FEDERAL PROPERTY 
LOCAL EDUCATIONAL AGENCIES.—^For the purpose of carrjdng out 
section 8002(j) there are authorized to be appropriated such sums 
PUBLIC LAW 105-78—NOV. 13, 1997 
111 STAT. 1499 
as are necessary beginning in fiscal year 1998 and for each succeed-
ing fiscal year.": Provided further, That of the funds available 
for section 8007, the Secretary shall, under such terms and condi-
tions he determines appropriate, first provide $1,500,000 to 
applicant number 11-2815 and $1,500,000 to applicant number 
36-4403 for the construction of public elementary or secondary 
schools where the current structures are unsafe and pose serious 
health threats to the students, if requests for funding and construc-
tion project descriptions are submitted to the Secretary within 
30 days of enactment of this Act: Provided further, That notwith-
standing any deadline established by the Secretary of Education 
under subsection (c) of section 8005 of the Elementary and Second-
ary Education Act of 1965 (20 U.S.C. 7705), and without regard 
to paragraphs (IXA), (2), and (3) of subsection (d) of that section, 
the Secretary shall accept, as if timely received, an application 
from the Maconaquah School Corporation, Bunker Hill, Indiana, 
under section 8003 of that Act for fiscal year 1996 if the Secretary 
has received that application not later than 30 days' after the 
enactment of this Act: Provided further. That notwithstanding any 
other provision of law, the Secretary of Defense shall treat any 
data included in an application described in the preceding proviso, 
and that is approved by the Secretary of Education, as data to 
be used in determining the eligibility of the Maconaquah School 
Corporation, Bunker Hill, Indiana, for, and the amount of, a pay-
ment for any of the fiscal years 1998 through 2000 under section 
386 of the National Defense Authorization Act for Fiscal Year 
1993: Provided further. That section 8 of Public Law 104-195 is llO Stat 2383. 
amended by striking the period after "year" and adding the follow-
ing: "or, for fiscal year 1995 or fiscal year 1996, the amount of 
any payment under section 8003(f) of the Elementary and Secondary 
Education Act of 1965": Provided further. That the Secretary of Kentucky. 
Education shall deem the local education^ agency serving the 
Clinton County School District in Albany, Kentucky, to meet the 
eligibility requirements of section 8002(aXlXC) of the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 7702(aXlXC)). 
SCHOOL IMPROVEMENT PROGRAMS 
For carrying out school improvement activities authorized by 
titles II, IV-A-1 and 2, V-A and B, VI, K , X, and XIII of the 
Elementary and Secondary Education Act of 1965; the Stewart 
B. McKinney Homeless Assistance Act; and the Civil Rights Act 
of 1964; $1,538,188,000, of which $1,246,300,000 shall become avail-
able on July 1, 1998, and remain available through September 
30, 1999: Provided, That of the amount appropriated, $335,000,000 
shall be for Eisenhower professional development State grants 
under title II-B of the Elementary and Secondary Education Act 
of 1965 of which $25,000,000 shall be for professional development 
in reading, $350,000,000 shall be for innovative education program 
strategies State grants under title VI-A of said Act and $750,000 
shall be for £in evaluation of comprehensive regional assistance 
centers under title XIII of said Act: Provided further. That of the 
amount made available for title rV-A-2, $350,000 shall be for 
the Yonkers Public Schools for innovative anti-drug and anti-
violence activities. 
Ill STAT. 1500 
PUBLIC LAW 105-78—NOV. 13, 1997 
CHILD LITERACY INITIATIVE 
(INCLUDING TRANSFER OF FUNDS) 
For carrying out a literacy initiative, $210,000,000, which shall 
become available on October 1, 1998 and shall remain available 
through September 30, 1999 only if specifically authorized by subse-
quent legislation enacted by July 1, 1998: Provided, That, if the 
initiative is not authorized by such date, the funds shall be trans-
ferred to "Special Education" to be merged with that account and 
to be available for the same purposes for which that account is 
available: Provided further, That the transferred funds shall become 
available for obligation on July 1, 1999, and shall remain available 
through September 30, 2000 for academic year 1999-2000. 
INDIAN EDUCATION 
For expenses necessary to carry out, to the extent not otherwise 
provided, title IX, part A of the Elementary and Secondary Edu-
cation Act of 1965, as amended, and section 215 of the Department 
of Education Organization Act, $62,600,000. 
BILINGUAL AND IMMIGRANT EDUCATION 
For carrying out, to the extent not otherwise provided, bilingual, 
foreign language and immigrant education activities authorized 
by parts A and C and section 7203 of title VII of the Elementary 
and Secondary Education Act of 1965, without regard to section 
7103(b), $354,000,000: Provided, That State educational agencies 
may use all, or any part of, their part C allocation for competitive 
grants to local educational agencies: Provided further. That the 
Department of Education should only support instructional pro-
grams which ensure that students completely master English in 
a timely fashion (a period of three to five years) while meeting 
rigorous achievement standards in the academic content areas. 
SPECIAL EDUCATION 
For carrying out the Individuals with Disabilities Education 
Act, $4,810,646,000, of which $4,565,185,000 shall become available 
for obligation on July 1, 1998, and shall remain available through 
September 30, 1999: Provided, That $1,500,000 of the funds pro-
vided shall be for section 687(b)(2)(G), and shall remain available 
until expended. 
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, $2,591,195,000. 
SPECIAL INSTITUTIONS FOR PERSONS WITH DISABILITIES 
AMERICAN PRINTING HOUSE FOR THE BLIND 
For carrying out the Act of March 3, 1879, as amended (20 
U.S.C. 101 et seq.), $8,186,000. 
PUBLIC LAW 105-78—NOV. 13, 1997 
111 STAT. 1501 
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.), $44,141,000: Provided, That from the amount avail-
able, the Institute may at its discretion use funds for the endowment 
program as authorized under section 207. 
GALLAUDET UNIVERSITY 
For the Kendsdl Demonstration Elementary School, the Model 
Secondary School for the Deaf, and the partigil 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.), $81,000,000: Provided, That 
from the amount avEiilable, 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 provided, the 
Carl D. Perkins Vocational and Applied Technology Education Act, 
the Adult Education Act, and the National Literacy Act of 1991, 
$1,507,698,000, of which $1,504,598,000 shall become available on 
July 1, 1998 and shall remain available through September 30, 
1999; and of which $5,491,000 from amounts available under the 
Adult Education Act shall be for the National Institute for Literacy 
under section 384(c): Provided, That, of the amounts made available 
for title II of the Carl D. Perkins Vocational and Applied Technology 
Education Act, $13,497,000 shsill be used by the Secretary for 
national programs under title IV, without regard to section 451: 
Provided further. That the Secretary may reserve up to $4,998,000 
under section 313(d) of the Adult Education Act for activities carried 
out under section 383 of that Act: Provided further. That no funds 
shall be awarded to a State Council under section 112(f) of the 
Carl D. Perkins Vocational and Applied Technology Education Act, 
and no State shall be required to operate such a Council. 
STUDENT FINANCIAL ASSISTANCE 
For carrying out subparts 1, 3, and 4 of part A, part C and 
part E of title IV of the Higher Education Act of 1965, as amended, 
$8,978,934,000, which shall remain available through September 
30,1999. 
The maximum Pell Grant for which a student shall be eligible 20 USC 1070a 
during award year 1998-1999 shall be $3,000: Provided, That not- note, 
withstanding section 401(g) of the Act, if the Secretary determines, 
prior to publication of the pa3rment schedule for such award year, 
that the amount included within this appropriation for Pell Grant 
awards in such award year, and any funds available from the 
fiscal year 1997 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 established by the Secretary for 
this purpose: Provided further. That if the Secretary determines 
that the funds available to fund Pell Grants for award year 1998-
1999 exceed the amount needed to fund Pell Grants at a maximum 
I l l STAT. 1502 
PUBLIC LAW 105-78—NOV. 13, 1997 
award of $3,000 for that aw£ird year, the Secretary may increase 
the income protection allowances in sections 475(g)(2)(D), and 
476(b)(l)(A)(iv)(I), (II), and (III) up to the amounts at which Pell 
Grant awards calculated using the increased income protection 
allowEinces equal the funds available to make Pell Grsmts in award 
year 1998-1999 with a $3,000 maximum award, except that the 
income protection allowance in section 475(g)(2)(D) may not exceed 
$2,200, 
the 
income 
protection 
allowance 
in 
sections 
476(b)(l)(A)(iv)(I) and (II) may not exceed $4,250, and the income 
protection allowance in section 476(b)(l)(A)(iv)(III) may not exceed 
$7,250. 
FEDERAL FAMILY EDUCATION LOAN PROGRAM ACCOUNT 
For Federal administrative expenses to csirry out guaranteed 
student losins authorized by title IV, part B, of the Higher Education 
Act, as amended, $46,482,000. 
HIGHER EDUCATION 
For carrying out, to the extent not otherwise provided, parts 
A and B of title III, without regard to section 360(a)(l)(B)(ii), 
titles IV, V, VI, VII, and DC, and part A, subpart 1 of part B, 
and part E of title X and title XI of the Higher Education Act 
of 1965, as amended, part G of title XV of Public Law 102-325, 
the Mutual Educational and Cultural Exchange Act of 1961, and 
Public Law 102-423; $946,738,000, of which $13,700,000 for interest 
subsidies under title VII of the Higher Education Act shall remain 
available until expended: Provided, That funds available for part 
D of title IX of the Higher Education Act shall be available to 
fiind new and noncompeting continuation awards for academic year 
1998-1999 for fellowships awarded under part C of title IX of 
said Act, under the terms and conditions of part C: Provided 
further, 
That from the funds made available under Part A of title X of 
the Higher Education Act, $1,000,000 shall be awarded to the 
Advanced Technical Center at Mexico, Missouri for the delivery 
of technical education in cooperation with community colleges and 
State technical schools and $3,000,000 shall be for the delivery 
of technical education £uid distance learning at Empire State College 
in New York. 
HOWARD UNIVERSITY 
For partial support of Howard University (20 U.S.C. 121 et 
seq.), $210,000,000: Provided, That from the amount available, the 
University may at its discretion use funds for the endowment 
program as authorized under the Howard University Endowment 
Act (Public Law 98-480). 
COLLEGE HOUSING AND ACADEMIC FACILITIES LOANS PROGRAM 
For Federal administrative expenses to carry out activities 
related to facility loans entered into under title VII, part C and 
section 702 of the Higher Education Act, as amended, $698,000. 
PUBLIC LAW 105-78—NOV. 13, 1997 
111 STAT. 1503 
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, $104,000. 
EDUCATION RESEARCH, STATISTICS, AND IMPROVEMENT 
For carrying out activities authorized by the Educational 
Research, Development, Dissemination, and Improvement Act of 
1994, including part E; the National Education Statistics Act of 
1994; section 2102 of title II, and parts A, B, I, and K and section 
10601 of title X, and part C of title XIII of the Elementary and 
Secondary Education Act of 1965, as amended, and title VI of 
Public Law 103-227, $431,438,000: Provided, That of the amount 
provided for section 10101 of part A of title X of the Elementsiry 
and Secondary Education Act of 1965, $1,000,000 shall be awarded 
to the National Museum of Women in the Arts; $500,000 shall 
be for enhanced teacher training in reading in the District of 
Columbia; $5,000,000 shall be for innovative learning opportunities 
for at-risk children at children's museums in Philadelphia, Balti-
more, Boston and museums in Chicago; $8,000,000 shall be for 
a demonstration of public school facilities repair and construction 
to the Iowa Department of Education; $350,000 shall be awarded 
to the White Plains City School District to expand £in after school 
program; $100,000 shall be for the Montgomery County, Pennsylva-
nia library network; $55,000 shall be awarded to the St. Stephen 
Life Center in Louisville, Kentucky; and $25,000,000 shall be avail-
able to demonstrate effective approaches to comprehensive school 
reform to be allocated and expended in accordance with the instruc-
tions relating to this proviso in the statement of managers on 
the conference report accompanying this Act: Provided further. That 
the funds made available for comprehensive school reform shall 
become available on July 1, 1998, and remain available through 
September 30, 1999, and in carrying out this initiative, the Sec-
retary and the States shall support only approaches that show 
the most promise of enabling children to meet challenging State 
content standards and challenging State student performance 
standards based on reliable research and effective practices, and 
include an emphasis on basic academics and parental involvement: 
Provided further. That (1) of the amount appropriated under this 
heading and notwithstanding any other provision of law, the Sec-
retary of Education may award $1,000,000 to a State educational 
agency (as defined in section 14101 of the Elementary and Second-
ary Education Act of 1965 (20 U.S.C. 8801)) to pay for appraisals, 
resource studies, and other expenses associated with the exchange 
of State school trust lands within the boundaries of a national 
monument for Federal lands outside the boundaries of the monu-
ment; and (2) the State educational agency is eligible to receive 
a grant under paragraph (1) only if the agency serves a State 
that— 
I l l STAT. 1504 
PUBLIC LAW 105-78—NOV. 13, 1997 
(A) has a national monument declared within the State 
under the authority of the Act entitled "An Act for the preserva-
tion of American antiquities", approved June 8, 1906 (16 U.S.C. 
431 et seq.) (commonly known as the Antiquities Act of 1906) 
that incorporates more them 100,000 acres of State school trust 
lands within the boundaries of the national monument; and 
(B) ranks in the lowest 25 percent of all States when 
comparing the average per pupil expenditure (as defined in 
section 14101 of the Elementary and Secondary Education Act 
of 1965 (20 U.S.C. 8801)) in the State to the average per 
pupil expenditure for each State in the United States. 
INSTITUTE OF MUSEUM AND LIBRARY SERVICES 
For carrying out subtitle B of the Museum and Library Services 
Act, $146,340,000. 
DEPARTMENTAL MANAGEMENT 
PROGRAM ADMINISTRATION 
Schools. 
Desegration. 
Busing. 
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, $341,064,000. 
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, $61,500,000. 
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, $30,242,000. 
GENERAL PROVISIONS 
SEC. 301. No funds appropriated in this Act may be used 
for the transportation of students or teachers (or for the purchase 
of equipment for such transportation) in order to overcome racial 
imbalance in any school or school system, or for the transportation 
of students or teachers (or for the purchase of equipment for such 
transportation) in order to carry out a plan of racial desegregation 
of any school or school system. 
SEC. 302. None of the funds contained in this Act shall be 
used to require, directly or indirectly, the 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 CEirry 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. 
PUBLIC LAW 105-78—NOV. 13, 1997 
111 STAT. 1505 
SEC. 303. No fiinds appropriated under this Act may be used 
School prayer. 
to prevent the implementation of programs of volimtary prayer 
and meditation in the pubHc schools. 
(TRANSFER OF FUNDS) 
SEC. 304. Not to exceed 1 percent of any discretionary funds 
(pursuant to the Balanced Budget and Emergency Deficit Control 
Act, as amended) which are appropriated for the Department of 
Education in this Act may be transferred between appropriations, 
but no such appropriation shall be increased by more tnan 3 percent 
by any such trginsfer: Provided, That the Appropriations Committees 
Notification. 
of both Houses of Congress are notified at least fifteen days in 
advance of any transfer. 
SEC. 305. (a) Notwithsteinding any other provision of Federal 
law, no funds provided to the Department of Education or to an 
applicable program (as defined in section 400(c)(1) of the General 
Education Provisions Act (20 U.S.C. 1221(c)(1))), in this Act or 
in any other Act in fiscal year 1998, may be used to field test, 
pilot test, implement, administer or distribute in any way, any 
national tests. 
(b) EXCEPTION.—Subsection (a) shall not apply to the Third 
International Math and Science Study or the National Assessment 
of Educational Progress. 
SEC. 306. (a) STUDY.—The National Academy of Sciences, in 
consultation with the National Governors Association, the National 
Conference of State Legislatures, the White House, the National 
Assessment Governing Board, and the Congress, shall conduct a 
feasibility study to determine if an equivalency scale can be devel-
oped that would allow test scores fi*om commercially available 
standardized tests and State assessments to be compared with 
each other and the National Assessment of Educational Progress. 
(b) REPORT OF FINDINGS TO CONGRESS.—(1) The National Acad-
emy of Sciences shall submit a written report to the White House, 
the Committee on Education and the Workforce of the House of 
Representatives, the Committee on Labor and Human Resources 
of the Senate, and the Committees on Appropriations of the House 
of Representatives and the Senate not later than September 1, 
1998. 
(2) The National Academy of Sciences shall submit an interim 
report no later than June 15,1998. 
NATIONAL ASSESSMENT GOVERNING BOARD 
SEC. 307 (a). Notwithstanding any other provision of law, the 
exclusive authority over all policies, direction, £ind guidelines for 
developing 
voluntary 
national 
tests 
pursuant 
to 
contract 
RJ97153001 previously entered into between the Department of 
Education and the American Institutes for Research and executed 
on August 15, 1997, shall be vested in the National Assessment 
Governing Board established under section 412 of the National 
Education Statistics Act of 1994 (20 U.S.C. 9011); Provided, That 
within 90 days after the date of enactment of this Act, the Board 
shall review the national test development contract in effect on 
the date of enactment of this Act, and modify the contract as 
the Board determines necessary and not inconsistent with this 
Act or applicable laws: Provided further. That if the contract cannot 
be modified to the extent determined necessary by the Board, the 
Ill STAT. 1506 
PUBLIC LAW 105-78—NOV. 13, 1997 
contract shall be terminated and the Board shall negotiate a new 
contract, under the Board's exclusive control, for the tests, not 
inconsistent with this Act or applicable laws. 
(b) In carrying out its exclusive authority for developing vol-
untary national tests pursuant to contract RJ97153001, any subse-
quent contract related thereto, or any contract modification pursu-
ant to subsection (a), the National Assessment Groveming Board 
shall determine— 
(1) the extent to which test items selected for use on 
the tests are free from racial, cultural or gender bias; 
(2) whether the test development process and test items 
adequately assess student reading and mathematics com-
prehension in the form most likely to jdeld accurate information 
regEirding student achievement in reading and mathematics; 
(3) whether the test development process and test items 
take into account the needs of disadvantaged, limited English 
proficient and disabled students; and 
(4) whether the test development process takes into account 
how parents, guardians, and students will appropriately be 
informed about testing content, purpose and uses. 
Reports. 
SEC. 308. STUDY.—^The National Academy of Sciences shall, 
not later than September 1, 1998, submit a written report to the 
Committee on Education and the Workforce of the House of Rep-
resentatives, the Committee on Labor and Human Resources of 
the Senate, and the Committees on Appropriations of the House 
and Senate that eveQuates all test items developed or funded by 
the Department of Education or any other agency of the Federal 
Government pursuant to contract RJ97153001, any subsequent con-
tract related thereto, or any contract modification by the National 
Assessment Governing Board pursuant to section 307 of this Act, 
for— 
(1) the technical quality of any test items for 4th grade 
reading and 8th grade mathematics; 
(2) the validity, reliability, and adequacy of developed test 
items; 
(3) the validity of any developed design which links test 
results to student performance; 
(4) the degree to which any developed test items provide 
valid and useful information to the public; 
(5) whether the test items are free from racial, cultural, 
or gender bias; 
(6) whether the test items address the needs of disadvan-
taged, limited English proficient and disabled students; and 
(7) whether the test items can be used for tracking, gradua-
tion or promotion of students. 
SEC. 309. (a) STUDY.—^The National Academy of Sciences shall 
conduct a study and make written recommendations on appropriate 
methods, practices, and safeguards to ensure that— 
(1) existing and new tests that are used to assess student 
performance are not used in a discriminatory manner or 
inappropriately for student promotion, tracking or graduation; 
and 
(2) existing and new tests adequately assess student read-
ing and mathematics comprehension in the form most likely 
to yield accurate information regarding student achievement 
of reading and mathematics skills. 
PUBLIC LAW 105-78—NOV. 13, 1997 
111 STAT. 1507 
(b) REPORT TO CONGRESS.—The National Academy of Sciences 
shall submit a written report to the White House, the National 
Assessment Governing Board, the Committee on Education and 
the Workforce of the House of Representatives, the Committee 
on Labor and Human Resources of the Senate, and the Committees 
on Appropriations of the House and Senate not later than Septem-
ber 1,1998. 
SEC. 310. (a) The Federal Cxovemment shall not require any 
State or local educational agency or school to administer or imple-
ment £iny pilot or field test in any subject or grade, nor shall 
the Federal Grovemment require any student to take any national 
test in any subject or grade. 
(b) Nothing in section 309(a) shall be construed as affecting 
the NationsJ Assessment of Educational Progress or the Third Inter-
national Math and Science Study. 
SEC. 311. No Federal, State or local educational agency may 
require any private or parochied school student, or home-schooled 
individual, to take any pilot or field test developed under this 
Act, contract RJ97153001, or any contract related thereto, without 
the written consent of the parents or legal guardians of the student 
or individual. 
SEC. 312. Notwithstanding any other provision of law, any 
institution of higher education which receives funds under title 
III of the Higher Education Act, except for grants made under 
section 326, may use up to 20 percent of its award under part 
A or part B of the Act for endowment building purposes authorized 
under section 331. Any institution seeking to use part A or part 
B funds for endowment building purposes shall indicate such 
intention in its application to the Secretary and shall abide by 
departmental regulations governing the endowment challenge grant 
program. 
(TRANSFER OF FUNDS) 
SEC. 313. Notwithstanding any other provision of the Higher 
Education Act, $280,000,000 of the balances of returned reserves, 
formerly held by the Higher Education Assistance Foundation, that 
are currently held in Higher Education Assistance Claims Reserves, 
Treasury account number 91X6192, shall be transferred to Mis-
cellaneous Receipts of the Treasury, within 60 days of enactment 
of this Act. 
IMPACT AID 
SEC. 314. (a) IN GENERAL.—From funds made available to 
carry out section 3(dX2)(B) of the Act of September 30, 1950 (Public 
Law 874, 81st Congress) for fiscal year 1994 that remain after 
making 100 percent of the pa5nnents local educational agencies 
are eligible to receive under such section for such fiscal year, 
the Secretary of Education shsdl make pajrments to applicants for 
fiscal year 1996 pursuant to subsection (b). 
(b) AWARD BASIS.— 
(1) IN GENERAL.—^Except as provided in paragraph (2), the 
Secretary of Education shall make a payment to each applicant 
in an amount that bears the same relation to the total amount 
of remaining funds described in subsection (a) as the number 
of children who were in average daily attendance in the schools 
served by the applicant for fiscal year 1996 bears to the total 
I l l STAT. 1508 
PUBLIC LAW 105-78—NOV. 13, 1997 
number of all such children in the schools served by all 
applicants for such year. 
(2) SPECIAL RULE.—Any applicant that had less than 200 
children in average daily attendance in the schools served 
by the applicant for fiscal year 1996 shall receive a payment 
under this section for fiscal year 1996 in an amount equal 
to not less than $175,000. 
(3) DATA.—^For purposes of computing payments under this 
section, the Secretsiry of Education shall use data that— 
(A) was included in each applicant's application for 
assistance under section 8003 of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 7703) for fiscal 
year 1996; and 
(B) is verified by the Secretary. 
(c) DEFINITION OF APPLICANT.—^For purposes of this section, 
the term "applicant" means an applicant for assistance under sec-
tion 8003 of the Elementary and Secondary Education Act of 1965 
for fiscal year 1996 having 1 of the following applicant numbers 
for such year: 
(1) 51-0904. 
(2) 51-4203. 
(3) 51-1903. 
(4) 51-0010. 
(5) 51-081L 
(6) 51-2101. 
SEC. 315. Section 10304 of the Elementary and Secondary Edu-
20 use 8064. 
cation Act of 1965 is amended by adding at the end the following: 
"(g) TIIIBALLY CONTROLLED SCHOOLS.—^Each State that receives 
a grant under this part and designates a tribally controlled school 
as a charter school shsdl not consider payments to a school under 
the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2507) in 
determining— 
"(1) the eligibility of the school to receive any other Federsd, 
State, or local aid; or 
"(2) the amount of such aid.". 
This title may be cited as the "Department of Education Appro-
priations Act, 1998". 
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, 
$68,669,000, of which $13,217,000 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, notwithstanding any other 
provision of law, a single contract or related contracts for the 
development and construction at the United States Soldiers' and 
Airmen's Home, to include renovation of the Sheridan building, 
may be employed which collectively include the full scope of the 
project: Provided further, That the solicitation and contract shall 
contain the clause "availability of funds" found at 48 CFR 52.232-
18 and 252.232-7007 Limitation of Government Obligation. 
PUBLIC LAW 105-78—NOV. 13, 1997 
111 STAT. 1509 
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, $256,604,000. 
CORPORATION FOR PUBLIC BROADCASTING 
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 2000, $300,000,000: Provided, That no funds made avail-
able to the Corporation for Public Broadcasting by this Act shall 
be used to pay for receptions, parties, or similar forms of entertain-
ment 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 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. ch. 71), $33,481,000, including 
$1,500,000, to remain available through September 30, 1999, for 
activities authorized by the Labor-Management Cooperation Act 
of 1978 (29 U.S.C. 175a): Provided, That notwithstanding 31 U.S.C. 
3302, fees charged, up to full-cost recovery, for special training 
activities and for arbitration services shall be credited to and 
merged with this account, and shall remain available until 
expended: Provided further. That fees for arbitration services shall 
be available only for education, training, and professional develop-
ment of the agency workforce: Provided further. That the Director 
of the Service is authorized to accept on behalf of the United 
States gifts of services £ind real, personal, or other property in 
the aid of any projects or functions within the Director's jurisdiction. 
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 
SALARIES AND EXPENSES 
For expenses necessary for the Federal Mine Safety and Health 
Review Commission (30 U.S.C. 801 et seq.), $6,060,000. 
I l l STAT. 1510 
PUBLIC LAW 105-78—NOV. 13, 1997 
NATIONAL COMMISSION ON LIBRARIES AND INFORMATION SCIENCE 
SALARIES AND EXPENSES 
For necessary expenses for the National Commission on Librar-
ies £ind Information Science, established by the Act of July 20, 
1970 (Public Law 91-345, as amended by Public Law 102-95), 
$1,000,000. 
NATIONAL COUNCIL ON DISABILITY 
SALARIES AND EXPENSES 
For expenses necessary for the National Council on Disability 
as authorized by title IV of the Rehabilitation Act of 1973, as 
amended, $1,793,000. 
NATIONAL EDUCATION GOALS PANEL 
For expenses necessary for the National Education Goals Panel, 
as authorized by title II, part A of the Groals 2000: Educate America 
Act, $2,000,000. 
NATIONAL LABOR RELATIONS BOARD 
SALARIES AND EXPENSES 
For expenses necessary for the National Labor Relations Bosird 
to carry out the functions vested in it by the Labor-Management 
Relations Act, 1947, as amended (29 U.S.C. 141-167), and other 
laws, $174,661,000: 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 percent 
of the water stored or supplied thereby is used for farming purposes: 
Provided furthery That none of the funds made aveiilable by this 
Act shall be used in any way to promulgate a final rule (gdtering 
29 CFR part 103) regarding single location bargaining units in 
representation cases. 
NATIONAL MEDIATION BOARD 
SALARIES AND EXPENSES 
For expenses necessary to carry out the provisions of the Rail-
way Labor Act, as amended (45 U.S.C. 151-188), including emer-
gency boards appointed by the President, $8,600,000: Provided, 
That unobligated balances at the end of fiscal year 1998 not needed 
for emergency boards shall remain available for other statutory 
purposes through September 30, 1999. 
PUBLIC LAW 105-78—NOV. 13, 1997 
111 STAT. 1511 
OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION 
SALARIES AND EXPENSES 
For expenses necessary for the Occupational Safety and Health 
Review Commission (29 U.S.C. 661), $7,900,000. 
MEDICARE PAYMENT ADVISORY COMMISSION 
SALARIES A N D EXPENSES 
For expenses necessary to carry out section 1805 of the Social 
Security Act, $7,015,000, to be transferred to this appropriation 
from the Federal Hospital Insurance and the Federal Supple-
mentary Medical Insurance Trust Funds. 
RAILROAD RETIREMENT BOARD 
DUAL BENEFITS PAYMENTS ACCOUNT 
For pa3nnent to the Dual Benefits Payments Account, author-
ized under section 15(d) of the Railroad Retirement Act of 1974, 
$205,500,000, which shall include amounts becoming available in 
fiscal year 1998 pursuant to section 224(c)(1)(B) of Public Law 
98-76; and in 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 $205,500,000: Provided, That the totad amount 
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, $50,000, to remain avail-
able through September 30, 1999, which shall be the maximum 
amount avsiilable for payment pursuant to section 417 of Public 
Law 98-76. 
LIMITATION ON ADMINISTRATION 
For necessary expenses for the Railroad Retirement Board for 
administration of the Railroad Retirement Act and the Railroad 
Unemplojmtient Insurance Act, $87,228,000, to be derived in such 
amounts as determined by the Board from the railroad retirement 
accounts and from moneys credited to the railroad unemployment 
insurance administration fund. 
LIMITATION ON THE OFFICE OF INSPECTOR GENERAL 
For expenses necessary for the Office of Inspector General 
for audit, investigatory and review activities, as authorized by the 
Inspector General Act of 1978, as amended, not more than 
$5,794,000, to be derived from the railroad retirement accounts 
and railroad unemployment insurance account: Provided, That none 
of the funds made available in any other paragraph of this Act 
may be transferred to the Office; used to carry out any such transfer; 
I l l STAT. 1512 
PUBLIC LAW 105-78—NOV. 13, 1997 
used to provide any office space, equipment, office supplies, commu-
nications facilities or services, maintenance services, or administra-
tive services for the Office; used to pay any salary, benefit, or 
award for any personnel of the Office; used to pay any other 
operating expense of the Office; or used to reimburse the Office 
for any service provided, or expense incurred, by the Office: Provided 
further, That none of the funds made available in this paragraph 
may be used for any audit, investigation, or review of the Medicare 
Program. 
SOCIAL SECURITY ADMINISTRATION 
PAYMENTS TO SOCIAL SECURITY TRUST FUNDS 
For payment to the Federal Old-Age and Survivors Insurance 
and the Federal Disability Insurance trust funds, as provided under 
sections 201(m), 228(g), and 1131(b)(2) of the Social Security Act, 
$20,308,000. 
SPECIAL BENEFITS FOR DISABLED COAL MINERS 
For carr3dng out title IV of the Federal Mine Safety and Health 
Act of 1977, $426,090,000, to remain available until expended. 
For making, after July 31 of the current fiscal year, benefit 
payments to individuals under title IV of the Federal Mine Safety 
and Health Act of 1977, for costs incurred in the current fiscal 
year, such amounts as may be necessary. 
For making benefit pa3mtients under title IV of the Federsd 
Mine Safety and Health Act of 1977 for the first quarter of fiscal 
year 1999, $160,000,000, to remain available until expended. 
SUPPLEMENTAL SECURITY INCOME PROGRAM 
For carrying out titles XI and XVI of the Social Security 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 Security trust funds for administrative 
expenses incurred pursuant to section 201(g)(1) of the Social Secu-
rity Act, $16,160,000,000, to remain available until expended: Pro-
vided, That any portion of the funds provided to a State in the 
current fiscal year and not obligated by the State during that 
year shall be returned to the Treasury. 
From funds provided under the previous paragraph, not less 
than $100,000,000 shall be available for payment to the Social 
Security trust funds for administrative expenses for conducting 
continuing disability reviews. 
In addition, $175,000,000, to remain available until September 
30, 1999, for payment to the Socisd Security trust funds for adminis-
trative expenses for continuing disability reviews as authorized 
by section 103 of Public Law 104-121 and Supplemental Security 
Income administrative work as authorized by Public Law 104-
193. The term "continuing disability reviews" means reviews and 
redeterminations as defined under section 201(g)(1)(A) of the Social 
Security Act, as amended, and reviews and redeterminations 
authorized under section 211 of Public Law 104-193. 
For making, after June 15 of the current fiscal year, benefit 
payments to individuals under title XVI of the Social Security 
PUBLIC LAW 105-78—NOV. 13, 1997 
111 STAT. 1513 
Act, for unanticipated costs incurred for the current fiscal year, 
such sums as may be necessary. 
For making benefit pa3nnents under title XVI of the Social 
Security Act for the first quarter of fiscal year 1999, $8,680,000,000, 
to remain available until expended. 
LIMITATION ON ADMINISTRATIVE EXPENSES 
For necessary expenses, including the hire of two passenger 
motor vehicles, and not to exceed $10,000 for official reception 
and representation expenses, not more than $5,894,040,000 may 
be expended, as authorized by section 201(g)(1) of the Social Secu-
rity Act, from any one or all of the trust funds referred to therein: 
Provided, That not less than $1,600,000 shall be for the Social 
Security Advisory Board: Provided further. That unobligated bal-
ances at the end of fiscal year 1998 not needed for fiscal year 
1998 shall remain available until expended for a state-of-the-art 
computing network, including related equipment and non-payroll 
administrative expenses associated solely with this network: Pro-
vided further. That reimbursement to the trust funds under this 
heading for expenditures for official time for employees of the 
Social Security Administration pursuant to section 7131 of title 
5, United States Code, and for facilities or support services for 
labor organizations pursuant to policies, regulations, or procedures 
referred to in section 7135(b) of such title shall be made by the 
Secretary of the Treasury, with interest, f^rjdm amounts in the 
general fund not otherwise appropriated, as soon as possible after 
such expenditures are made. 
From funds provided under the previous paragraph, notwith-
standing the provision under this heading in Public Law 104-
208 regarding unobligated balances at the end of fiscal year 1997 
not needed for such fiscal year, an amount not to exceed $50,000,000 
from such unobligated balances shall, in addition to funding already 
available under this heading for fiscal year 1998, be available 
for necessary expenses. 
From funds provided under the first paragraph, not less than 
$200,000,000 shall be available for conducting continuing disability 
reviews. 
In addition to funding already available under this heading, 
and subject to the same terms and conditions, $290,000,000, to 
remain available until September 30, 1999, for continuing disability 
reviews as authorized by section 103 of Public Law 104-121, section 
10203 of Public Law 105-33 and Supplemental Security Income 
administrative work as authorized by Public Law 104-193. The 
term "continuing disability reviews" means reviews and redeter-
minations as defined under section 201(g)(1)(A) of the Social Secu-
rity Act as amended, and reviews and redeterminations authorized 
under section 211 of Public Law 104-193. 
In addition to funding already available under this heading, 
and subject to the same terms and conditions, $190,000,000, which 
shall remain available until expended, to invest in a state-of-the-
art computing network, including related equipment and non-pay-
roll 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. 
I l l STAT. 1514 
PUBLIC LAW 105-78—NOV. 13, 1997 
Notification. 
In addition, $35,000,000 to be derived from administration fees 
in excess of $5.00 per supplementary pa3anent collected pursuant 
to section 1616(d) of the Social Security Act or section 212(b)(3) 
of Public Law 93-66, which shall remain available until expended. 
To the extent that the amounts collected pursuant to such section 
1616(d) or 212(b)(3) in fiscal year 1998 exceed $35,000,000, the 
amounts shsdl be available in fiscal year 1999 only to the extent 
provided in advance in appropriations Acts. 
OFFICE OF INSPECTOR GENERAL 
(INCLUDING TRANSFER OF FUNDS) 
For expenses necessary for the Office of Inspector General 
in carrying out the provisions of the Inspector General Act of 
1978, as amended, $10,164,000, together with not to exceed 
$38,260,000, to be transferred and expended as authorized by sec-
tion 201(g)(1) of the Social Security Act from the Federal Old-
Age and Survivors Insurance Trust Fund and the Federal Disability 
Insurance Trust Fund. 
In addition, an amount not to exceed 3 percent of the total 
provided in this appropriation may be trsinsferred from the "Limita-
tion on Administrative Expenses", Social Security Administration, 
to be merged with this account, to be available for the time and 
purposes for which this account is available: Provided, That notice 
of such transfers shall be transmitted promptly to the Committees 
on Appropriations of the House and Senate. 
UNITED STATES INSTITUTE OF PEACE 
OPERATING EXPENSES 
For necessary expenses of the United States Institute of Peace 
as authorized in the United States Institute of Peace Act, 
$11,160,000. 
TITLE V—GENERAL PROVISIONS 
SEC. 501. The Secretaries of Labor, Health and Human Serv-
ices, and Education are authorized to transfer unexpended balances 
of prior appropriations to accounts corresponding to current appro-
E
riations provided in this Act: Provided, That such transferred 
alances 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 recognized executive-
legislative relationships, for publicity or propaganda purposes, for 
the preparation, distribution, or use of any kit, pamphlet, booklet, 
publication, radio, television, or video presentation designed to sup-
port or defeat legislation pending before the Congress or any State 
legislature, except in presentation to the Congress or any State 
legislature itself. 
(b) No part of any appropriation contained in this Act shall 
be used to pay the salary or expenses of any grant or contract 
recipient, or agent acting for such recipient, related to any activity 
PUBLIC LAW 105-78—NOV. 13, 1997 
111 STAT. 1515 
designed to influence legislation or appropriations pending before 
the Congress or any State legislature. 
SEC. 504. The Secretaries of Labor and Education are each 
authorized to make available not to exceed $15,000 from funds 
available for salaries and expenses under titles I and III, 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. 505. Notwithstanding any other provision of this Act, 
no funds appropriated under this Act shsdl be used to carry out 
any program of distributing sterile needles or sjndnges for the 
hjrpodermic injection of any illegal drug. 
SEC. 506. Section 505 is subject to the condition that after HIV. 
March 31, 1998, a program for exchanging such needles and 
syringes for used hypodermic needles and syringes (referred to 
in this section as an "exchange project") may be carried out in 
a community if— 
(1) the Secretary of Health and Humgin Services determines 
that exchange projects are effective in preventing the spread 
of HIV and do not encourage the use of illegal drugs; and 
(2) the project is operated in accordance with criteria estab-
lished by such Secretary for preventing the spread of HIV 
and for ensuring that the project does not encourage the use 
of illegal drugs. 
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. 
(c) PROHIBITION OF CONTRACTS WITH PERSONS FALSELY LABEL-
ING PRODUCTS AS MADE IN AMERICA.—If it has been finally deter-
mined by a court or Federal agency that any person intentionally 
affixed a label bearing a "Made in America" inscription, or any 
inscription with the same meaning, to any product sold in or shipped 
to the United States that is not made in the United States, the 
person shall be ineligible to receive any contract or subcontract 
made with funds made available in this Act, pursuant to the debar-
ment, suspension, and ineligibility procedures described in sections 
9.400 through 9.409 of title 48, Code of Federal Regulations. 
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 Feder^ 
money, all grantees receiving Federal funds included in this Act, 
including but not limited to State and local governments and recipi-
ents of Federal research grants, shall clearly state: (1) the percent-
age of the total costs of the program or project which will be 
financed with Federal money; (2) the dollar amount of Federal 
I l l STAT. 1516 
PUBLIC LAW 105-78—NOV. 13, 1997 
Abortion. 
Abortion. 
31 use 1301 
note. 
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. (a) None of the funds appropriated under this Act 
shall be expended for any abortion. 
(b) None of the funds appropriated under this Act shgill be 
expended for health benefits coverage that includes coverage of 
abortion. 
(c) The term "health benefits coverage" means the package 
of services covered by a managed c£u*e provider or organization 
pursuant to a contract or other arrangement. 
SEC. 510. (a) The limitations established in the preceding sec-
tion shall not apply to an abortion— 
(1) if the pregnancy is the result of an act of rape or 
incest; or 
(2) in the case where a woman suffers from a physical 
disorder, physical injury, or physical illness, including a life-
endangering physical condition caused by or arising from the 
pregnancy itself, that would, as certified by a physician, place 
the woman in danger of death unless an abortion is performed. 
(b) Nothing in the preceding section shall be construed as 
prohibiting the expenditure by a State, locality, entity, or private 
person of State, local, or private fimds (other than a State's or 
locality's contribution of Medicaid matching funds). 
(c) Nothing in the preceding section shall be construed as 
restricting the ability of any managed care provider from offering 
abortion coverage or the ability of a State or locality to contract 
sep£u*ately with such a provider for such coverage with State funds 
(other than a State's or locality's contribution of Medicaid matching 
funds). 
SEC. 511. 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 
progrsun 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 £in appropriation is made in this Act, may exercise 
authority for the timing of the obligation and expenditure of 
such appropriation, or for the purpose 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 Act shall be available 
for the salary (or any part thereof) of £in employee who is 
reassigned on a temporary detail basis to another position 
in the emplojdng agency or department or in any other agency 
or department, unless the detail is independently approved 
by the head of the emplojdng department or agency. 
SEC. 512. None of the fiinds made available in this Act may 
be used to enforce the requirements of section 428(b)(l)(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. 
PUBLIC LAW 105-78—NOV. 13, 1997 
111 STAT. 1517 
SEC. 513. (a) None of the funds made available in this Act Embryos, 
may be used for— 
(1) the creation of a human embryo or embryos for research 
purposes; or 
(2) research in which a human embryo or embryos are 
destroyed, discarded, or knowingly subjected to risk of injury 
or death greater than that allowed for research on fetuses 
in utero under 45 CFR 46.208(a)(2) and section 498(b) of the 
Public Health Service Act (42 U.S.C. 289g(b)). 
(b) For purposes of this section, the term "human embryo 
or embryos" include any organism, not protected as a human subject 
under 45 CFR 46 as of the date of the enactment of this Act, 
that is derived by fertilization, parthenogenesis, cloning, or any 
other means from one or more human gametes or human diploid 
cells. 
SEC. 514. (a) LIMITATION ON USE OF FUNDS FOR PROMOTION 
OF LEGALIZATION OF CONTROLLED SUBSTANCES.—^None of the funds 
made available in this Act may be used for any activity when 
it is made known to the Federal official having authority to obligate 
or expend such funds that the activity promotes the legalization 
of any drug or other substance included in schedule I of the sched-
ules of controlled substances established by section 202 of the 
Controlled Substances Act (21 U.S.C. 812). 
(b) EXCEPTIONS.—^The limitation in subsection (a) shall not 
apply when it is made known to the Federal official having authority 
to obligate or expend such fiinds that there is significant medical 
evidence of a therapeutic advantage to the use of such drug or 
other substance or that federally sponsored clinical trials are being 
conducted to determine therapeutic advantage. 
SEC. 515. None of the funds made available in this Act may 
be obligated or expended to enter into or renew a contract with 
an entity when it is made known to the FedergJ official having 
authority to obligate or expend such funds that— 
(1) such entity is otherwise a contractor with the United 
States and is subject to the requirement in section 4212(d) 
of title 38, United States Code, regarding submission of an 
annual report to the Secretary of Labor concerning employment 
of certain veterans; and 
(2) such entity has not submitted a report as required 
by that section for the most recent year for which such require-
ment was applicable to such entity. 
SEC. 516. (a) FEES FOR FEDERAL ADMINISTRATION OF STATE 
SUPPLEMENTARY SSI PAYMENTS.— 
(1) OPTIONAL STATE SUPPLEMENTARY PAYMENTS.— 
(A) IN GENERAL.—Section 1616(d)(2)(B) of the Social 
Security Act (42 U.S.C. 1382e(d)(2)(B)) is amended— 
(i) by striking "and" at the end of clause (iii); 
and 
(ii) by striking clause (iv) and inserting the 
following: 
"(iv) for fiscal year 1997, $5.00; 
"(v) for fiscal year 1998, $6.20; 
"(vi) for fiscal year 1999, $7.60; 
"(vii) for fiscal year 2000, $7.80; 
"(viii) for fiscal year 2001, $8.10; 
"(ix) for fiscal year 2002, $8.50; and 
"(x) for fiscal year 2003 and each succeeding fiscal year— 
I l l STAT. 1518 
PUBLIC LAW 105-78—NOV. 13, 1997 
"(I) the applicable rate in the preceding fiscal year, 
increased by the percentage, if any, by which the Consumer 
Price Index for the month of June of the calendar year 
of the increase exceeds the Consumer Price Index for the 
month of June of the calendar year preceding the calendar 
year of the increase, and rounded to the nearest whole 
cent; or 
**(II) such different rate as the Commissioner deter-
mines is appropriate for the State.". 
(B) CONFORMING AMENDMENT.—Section 1616(dX2XC) 
of such Act (42 U.S.C. 1382e(d)(2XC)) is amended by strik-
ing "(BXiv)" and inserting "(BXxXH)". 
(2) MANDATORY STATE SUPPLEMENTARY PAYMENTS.— 
(A) IN GENERAL.—Section 212(bX3XBXii) of Public Law 
93-66 (42 U.S.C. 1382 note) is amended— 
(i). by striking "and" at the end of subclause (III); 
and 
(ii) by striking subclause (IV) and inserting the 
following: 
"(IV) for fiscal year 1997, $5.00; 
"(V) for fiscal year 1998, $6.20; 
"(VI) for fiscal year 1999, $7.60; 
"(VII) for fiscal year 2000, $7.80; 
"(VIII) for fiscal year 2001, $8.10; 
"(IX) for fiscal year 2002, $8.50; and 
"(X) for fiscal year 2003 and each succeeding fiscal year— 
"(aa) the applicable rate in the preceding fiscal year, 
increased by the percentage, if any, by which the Consumer 
Price Index for the month of June of the calendar year 
of the increase exceeds the Consumer Price Index for the 
month of June of the calendar year preceding the calendar 
year of the increase, and rounded to the nearest whole 
cent; or 
"(bb) such different rate as the Commissioner deter-
mines is appropriate for the State.". 
(B) CONFORMING AMENDMENT.—Section 212(bX3XBXiii) 
of such Act (42 U.S.C. 1382 note) is amended by striking 
"(iiXIV)" and inserting "(iiXXXbb)". 
(b) U S E OF NEW FEES TO DEFRAY THE SOCIAL SECURITY 
ADMINISTRATION'S ADMINISTRATIVE EXPENSES.— 
(1) CREDIT TO SPECIAL FUND FOR FISCAL YEAR I998 AND 
SUBSEQUENT YEARS.— 
(A) OPTIONAL STATE SUPPLEMENTARY PAYMENT FEES.— 
Section 1616(dX4) of the Social Security Act (42 U.S.C. 
1382e(d)(4)) is amended to read as follows: 
"(4)(A) The first $5 of each administration fee assessed pursuant 
to paragraph (2), upon collection, shall be deposited in the general 
fund of the Treasury of the United States as miscellaneous receipts. 
"(B) That portion of each administration fee in excess of $5, 
and 100 percent of each additional services fee charged pursuant 
to paragraph (3), upon collection for fiscal year 1998 and each 
subsequent fiscal year, shall be credited to a special fund established 
in the Treasury of the United States for State supplementary pay-
ment fees. The amounts so credited, to the extent and in the 
amounts provided in advance in appropriations Acts, shall be avail-
able to defray expenses incurred in carrying out this title and 
delated laws.". 
PUBLIC LAW 105-78—NOV. 13, 1997 
111 STAT. 1519 
42 u s e 1382e 
note. 
(B) 
MANDATORY 
STATE 
SUPPLEMENTARY 
PAYMENT 
FEES.—Section 212(b)(3)(D) of Public Law 93-66 (42 U.S.C. 
1382 note) is amended to read as follows: 
"(D)(i) The first $5 of each administration fee assessed pursuant 
to subparagraph (B), upon collection, shall be deposited in the 
general fund of the Treasury of the United States as miscellaneous 
receipts. 
"(ii) The portion of each administration fee in excess of $5, 
£ind 100 percent of each additional services fee charged pursuant 
to subparagraph (C), upon collection for fiscal year 1998 and each 
subsequent fiscal year, shall be credited to a special fund established 
in the Treasury of the United States for State supplementary pay-
ment fees. The amounts so credited, to the extent and in the 
amounts provided in advance in appropriations Acts, shall be avail-
able to defray expenses incurred in carrying out this section and 
title XVI of the Socied Security Act and related laws.". 
(2) LIMITATIONS ON AUTHORIZATION OF APPROPRIATIONS.— 
From amounts credited pursusint to section 1616(d)(4)(B) of 
the Social Security Act and section 212(b)(3)(D)(ii) of Public 
Law 93-66 to the special fund established in the Treasury 
of the United States for State supplementary pa3maent fees, 
there is authorized to be appropriated an amount not to exceed 
$35,000,000 for fiscal yesir 1998, and such sums as may be 
necessary for each fiscal year thereafter, for administrative 
expenses in carrying out the supplemental security income 
f
>rogram under title XVI of the Social Security Act and related 
aws. 
SEC. 517. Section 520(c)(2XD) of the Departments of Labor, 
Health and Human Services, and Education, and Related Agencies 
Appropriations Act, 1997, is amended by striking "September 30, 5 USC 5597 note. 
1997" and inserting in lieu thereof "December 31,1997". 
SEC. 518. None of the funds made available in this Act may 
be used to pay the expenses of an election officer appointed by 
a court to oversee an election of any officer or trustee for the 
Intemationsd Brotherhood of Teamsters. 
SEC. 519. Subsection (k) of section 9302 of the Balanced Budget 
Act of 1997, as added by section 1604(f)(3) of the Taxpayer Relief 
of Act of 1997, is repealed. 
TITLE VI—OTHER PROVISIONS 
SEC. 601. The amount of the DSH allotment for the State 
of Minnesota for fiscal year 1998, specified in the table under 
section 1923(f)(2) of the Social Security Act (as amended by section 
4721(a)(1) of Public Law 105-33) is deemed to be $33,000,000. 
SEC. 602. Notwithstanding section 1923(f)(2) of the Social Secu-
rity Act (42 U.S.C. 1396r-4(f)(2)) (as amended by section 4721(a)(1) 
of the Balanced Budget Act of 1997 (Public Law 105-33; 111 Stat. 
511)), the amount of the DSH allotment for Wyoming for fiscal 
year 1998 is deemed to be $67,000. 
PARKINSON'S DISEASE RESEARCH 
SEC. 603. (a) SHORT TITLE.—This section may be cited as the 
"Morris K. Udall Parkinson's Disease Research Act of 1997". 
(b) FINDING AND PURPOSE.— 
(1) FINDING.—Congress finds that to take full advantage 
of the tremendous potential for finding a cure or effective 
26 u s e 5701 
note. 
42 u s e 1396r-4 
note. 
42 u s e 1396r-4 
note. 
Morris K UdaU 
Parkinson's 
Disease Research 
Act of 1997. 
42 u s e 201 note. 
42 u s e 284f 
note. 
I l l STAT. 1520 
PUBLIC LAW 105-78—NOV. 13, 1997 
treatment, the Federal investment in Parkinson's disease must 
be expanded, as well as the coordination strengthened among 
the National Institutes of Health research institutes. 
(2) PURPOSE.—It is the purpose of this section to provide 
for the expansion and coordination of research regarding 
Parkinson's disease, and to improve care and assistance for 
afflicted individuals and their family caregivers, 
(c) PARKINSON'S DISEASE RESEARCH.—^Part B of title IV of the 
Public Health Service Act (42 U.S.C. 284 et seq.) is amended by 
adding at the end the following: 
"PARKINSON'S DISEASE 
42 use 284f. 
"SEC. 409B. (a) IN GENERAL.—The Director of NIH shall estab-
lish a program for the conduct and support of research and training 
with respect to Parkinson's disease (subject to the extent of amounts 
appropriated under subsection (e)). 
"(b) INTER-INSTITUTE COORDINATION.— 
"(1) IN GENERAL.—The Director of NIH shall provide for 
the coordination of the program established under subsection 
(a) among all of the national research institutes conducting 
Parkinson's disease research. 
"(2) CONFERENCE.—Coordination under paragraph (1) shall 
include the convening of a research planning conference not 
Reports. 
less frequently than once every 2 years. Each such conference 
shall prepare and submit to the Committee on Appropriations 
and the Committee on Labor and Human Resources of the 
Senate and the Committee on Appropriations and the Commit-
tee on Commerce of the House of Representatives a report 
concerning the conference. 
"(c) MORRIS K. UDALL RESEARCH CENTERS.— 
"(1) IN GENERAL.—^The Director of NIH is authorized to 
award Core Center Grants to encourage the development of 
innovative multidisciplinary research and provide training 
concerning Parkinson's disease. The Director is authorized to 
award not more than 10 Core Center Grants and designate 
each center funded under such grants as a Morris K. Udall 
Center for Research on Parkinson's Disease. 
"(2) REQUIREMENTS.— 
"(A) IN GENERAL.—^With respect to Parkinson's disease, 
each center assisted under this subsection shall— 
"(i) use the facilities of a single institution or a 
consortium of cooperating institutions, and meet such 
qualifications as may be prescribed by the Director 
oftheNIH;and 
"(ii) conduct basic and clinical research. 
"(B) DISCRETIONARY REQUIREMENTS.—^With respect to 
Parkinson's disease, each center assisted under this sub-
section may— 
"(i) conduct training programs for scientists and 
health professionals; 
"(ii) conduct programs to provide information and 
continuing education to health professionals; 
"(iii) conduct programs for the dissemination of 
information to the public; 
"(iv) separately or in collaboration with other cen-
ters, establish a nationwide data system derived from 
patient populations with Parkinson's disease, and 
PUBLIC LAW 105-78—NOV. 13, 1997 
111 STAT. 1521 
where possible, comparing relevant data involving gen-
eral populations; 
"(v) separately or in collaboration with other cen-
ters, establish a Parkinson's Disease 
Information 
Clearinghouse to facilitate and enhance knowledge and 
understanding of Parkinson's disease; and 
"(vi) separately or in collaboration with other cen-
ters, establish a national education program that fos-
ters a national focus on Parkinson's disease and the 
care of those with Parkinson's disease. 
"(3) STIPENDS REGARDING TRAINING PROGRAMS.—A center 
may use funds provided under paragraph (1) to provide stipends 
for scientists and health professionals enrolled in training pro-
grams under paragraph (2)(B). 
"(4) DURATION OF SUPPORT.—Support of a center under 
this subsection may be for a period not exceeding five years. 
Such period may be extended by the Director of NIH for one 
or more additional periods of not more than five years if the 
operations of such center have been reviewed by an appropriate 
technical and scientific peer review group established by the 
Director and if such group has recommended to the Director 
that such period should be extended. 
"(d) MORRIS K. UDALL AWARDS FOR EXCELLENCE IN PARKIN-
SON'S DISEASE RESEARCH.—^The Director of NIH is authorized to 
establish a grant program to support investigators with a proven 
record of excellence and innovation in Parkinson's disease research 
and who demonstrate potential for significant future breakthroughs 
in the understanding of the pathogensis, diagnosis, and treatment 
of Parkinson's disease. Grants under this subsection shall be avail-
able for a period of not to exceed 5 years. 
"(e) AUTHORIZATION OF APPROPRIATIONS.—^For the purpose of 
carrying out this section and section 301 and title IV of the Public 
Health Service Act with respect to research focused on Parkinson's 
disease, there are authorized to be appropriated up to $100,000,000 
for fiscal year 1998, and such sums as may be necessEiry for each 
of the fiscal years 1999 and 2000.". 
SEC. 604. (a) Section 414(a) of the Immigration and Nationality 
Act (8 U.S.C. 1524(a)) is amended by striking "fiscal year 1995, 
fiscal year 1996, and fiscal year 1997" and inserting "each of fiscal 
years 1998 and 1999". 
(b) The amendment made by subsection (a) shall take effect 
Effective date. 
October 1, 1997. 
8 USC 1524 note. 
SEC. 605. Subparagraphs (B) and (C) of section 1143(a)(2) of 
the Social Security Act (42 U.S.C. 1320b-13(a)(2)(B), (C)) are each 
amended 
by 
striking 
"employee" 
and 
inserting 
"employer, 
employee,". 
SEC. 606. (a) Notwithstanding any other provision of law, the 
payments described in subsection (b) shall not be considered income 
or resources in determining eligibility for, or the amount of benefits 
under, a program or State plan under title XVI or XIX of the 
Social Security Act. 
(b) The pajrments described in this subsection are payments 
made by the Secretary of Defense pursuant to section 657 of the 
National Defense Authorization Act for Fiscal Year 1997 (Public 
Law 104-201; 110 Stat. 2584). 
SEC. 607. In addition to amounts otherwise made available 
for payment of obligations in carrying out 49 U.S.C. 5338(a), 
I l l STAT. 1522 
PUBLIC LAW 105-78—NOV. 13, 1997 
$50,000,000 shall remain available until expended and to be derived 
from the Highway Trust Fund: Provided, That $50,000,000 shall 
be paid from the Mass Transit Account of the Highway Trust 
Fund to the Federal Transit Administration's formula grants 
account: Provided further. That subsection (c) of section 337 of 
the Department of Transportation and Related Agencies Appropria-
tions Act, 1998 is amended by inserting after "House and Senate 
Committees on Appropriations", the following: "and the Senate 
Committee on Commerce, Science, and Transportation". 
SEC. 608. Clauses (i)(I) and (iiXH) of section 403(a)(5)(A) of 
42 use 603. 
the Soci£j Security Act are amended by striking "during the fiscal 
year" in each place it appears and inserting "during the period 
permitted under subparagraph (C)(vii) of this paragraph for the 
expenditure of funds under the grant". 
EMERGENCY STUDENT LOAN CONSOLIDATION 
Emergency 
SEC. 609. (a) SHORT TiTLE; REFERENCES.—^This section may 
student Loan 
be cited as the "Emergency Student Loan Consolidation Act of 
o S ? 
° 
1997". Except as otherwise expressly provided, whenever in this 
20 use 1001 
section an amendment or repeal is expressed in terms of an amend-
note. 
ment to, or repeal of, a section or other provision, the reference 
shsdl be considered to be made to a section or other provision 
of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.). 
(b) DEFINITION OF LOANS ELIGIBLE FOR CONSOLIDATION.—Sec-
tion 428C(a)(4) (20 U.S.C. 1078-3(a)(4)) is amended— 
(1) by redesignating subparagraphs (C) and (D) as subpara-
graphs (D) and (E), respectively; and 
(2) by inserting after subparagraph (B) the following new 
subparagraph: 
"(C) made under part D of this title, except that loans 
made under such part shall be eligible student loans only 
for consolidation loans for which the application is received 
by an eligible lender during the period beginning on the 
date of enactment of the Emergency Student Loan Consoli-
dation Act of 1997 and ending on October 1, 1998;". 
(c) TERMS OF CONSOLIDATION LOANS.—Section 428C(b)(4)(C)(ii) 
is amended— 
(1) in subclause (I), by inserting after "consolidation loan" 
the following: "for which the application is received by an 
eligible lender before the date of enactment of the Emergency 
Student Loan Consolidation Act of 1997, or on or after October 
1, 1998,"; 
(2) by striking "or" at the end of subclause (I); 
(3) by inserting "or (H)" before the semicolon at the end 
of subclause (H); 
(4) by redesignating subclause (H) as subclause (HI); and 
(5) by inserting after subclause (I) the following new sub-
clause: 
"(II) by the Secretary, in the case of a consolidation 
loEui for which the application is received by an eligible 
lender on or after the date of enactment of the Emer-
gency Student Loan Consolidation Act of 1997 and 
before October 1, 1998, except that the Secretary shall 
pay such interest only on that portion of the loan 
PUBLIC LAW 105-78—NOV. 13, 1997 
111 STAT. 1523 
r »
b 
that repays Federal Stafford Loans for which the stu-
dent borrower received an interest subsidy under sec-
tion 428 or Federal Direct Stafford Loans for which 
the borrower received an interest subsidy under section 
455; or". 
(d) 
NONDISCRIMINATION IN LOAN CONSOLIDATION.—Section 
428C(b) is amended by adding at the end the following new para-
graph: 
"(6) 
NONDISCRIMINATION IN LOAN 
CONSOLIDATION.—An 
eligible lender that makes consolidation loans under this section 
shall not discriminate against any borrower seeking such a 
loan— 
"(A) based on the number or type of eligible student 
loans the borrower seeks to consolidate; 
"(B) based on the type or category of institution of 
higher education that the borrower attended; 
"(C) based on the interest rate to be charged to the 
borrower with respect to the consolidation loan; or 
"(D) with respect to the tjrpes of repayment schedules 
offered to such borrower.". 
(e) INTEREST RATE.—Section 428C(c)(l) is amended— 
(1) in the first sentence of subparagraph (A), by striking 
"(B) or (C)" and inserting "(B), (C), or (D)"; and 
(2) by adding at the end the following new subparagraph: 
"(D) A consolidation loan for which the application is 
received by an eligible lender on or after the date or enactment 
of the Emergency Student Loan Consolidation Act of 1997 
and before October 1, 1998, shall bear interest at £in annual 
rate on the unpaid principal balance of the loan that is equal 
to the rate specified in section 427A(f), except that the eligible 
lender may continue to calculate interest on such a loan at 
the rate previously in effect and defer, until not later than 
April 1, 1998, the recalculation of the interest on such a loan 
at the rate required by this subparagraph if the recalculation 
is applied retroactively to the date on which the login is made.". 
(f) AMENDMENTS EFFECTIVE FOR PENDING APPLICANTS.—The 20USCi078-3 
consolidation loans authorized by the amendments made by this i^ote. 
section shall be available notwithstanding any pending application 
by a student for a consolidation loan under part D of title IV 
of the Higher Education Act of 1965 (20 U.S.C. 1087a et seq.), 
upon withdrawal of such application by the student at any time 
prior to receipt of such a consolidation loan. 
(g) FAMILY CONTRIBUTION FOR DEPENDENT STUDENTS.— 
(1) 
PARENTS' AVAILABLE INCOME.—Section 475(c)(1) 
(20 
U.S.C. 1087oo(c)(l)) is amended— 
(A) by striking "and" at the end of subparagraph (D); 
(B) by striking the period at the end of subparagraph 
(E) and inserting "; and"; and 
(C) by adding at the end of the following new subpara-
graph: 
"(F) the amount of any tax credit taken by the parents 
under section 25A of the Internal Revenue Code of 1986.". 
(2) STUDENT CONTRIBUTION FROM AVAILABLE INCOME.—Sec-
tion 475(g)(2) is amended— 
(A) lay striking "and" at the end of subparagraph (C); 
(B) by striking the period at the end of subparagraph 
(D) and inserting "; and"; and 
I l l STAT. 1524 
PUBLIC LAW 105-78—NOV. 13, 1997 
20 use 1087h. 
20 use 1087h 
note. 
(C) by inserting after subparagraph (D) the following 
new subparagraph: 
"(E) the amount of any tax credit taken by the student 
under section 25A of the Internal Revenue Code of 1986.". 
(h) FAMILY CONTRIBUTION FOR INDEPENDENT STUDENTS WITH-
OUT DEPENDENTS OTHER THAN A SPOUSE.—Section 476(b)(1)(A) (20 
U.S.C. 1087pp(b)(l)(A)) is amended— 
(1) by striking "and" at the end of clause (iv); and 
(2) by inserting after clause (v) the following new clause: 
"(vi) the amount of any tax credit taken under 
section 25A of the Internal Revenue Code of 1986; 
and". 
(i) FAMILY CONTRIBUTION FOR INDEPENDENT STUDENTS WITH 
DEPENDENTS OTHER THAN A SPOUSE.—Section 477(b)(1) (20 U.S.C. 
1087qq(b)(l)) is amended— 
(1) by striking "and" at the end of subparagraph (D); 
(2) by striking the period at the end of subparagraph (E) 
and inserting "; and"; and 
(3) by adding at the end the following new subparagraph: 
"(F) the amount of any tax credit taken under section 
25A of the Internal Revenue Code of 1986.". 
(j) TOTAL INCOME.—Section 480(a)(2) (20 U.S.C. 1087w(aX2)) 
is amended— 
(1) by striking "individual, and" and inserting "individual,"; 
and 
(2) by inserting "and no portion of any tax credit taken 
under section 25A of the Internal Revenue Code of 1986," 
before "shall be included". 
(k) OTHER FINANCIAL ASSISTANCE.—Section 480(j) is amended 
by adding at the end the following new paragraph: 
"(4) Notwithstanding paragraph (1), a tax credit taken under 
section 25A of the Internal Revenue Code of 1986 shall not be 
treated as estimated financial assistance for purposes of section 
471(3).". 
(1) IN GENERAL.—Section 458(a)(1) (20 U.S.C. 1087(a)(1)) is 
amended by striking "$532,000,000" and inserting "$507,000,000". 
(m) CONSTRUCTION.—^Nothing in this Act or an amendment 
made by this Act shall be construed to prohibit the Secretary 
of Education from using funds that are returned or otherwise recov-
ered by the Secretary under section 422(g) of the Higher Education 
Act of 1965 (20 U.S.C. 1072(g)) including the balances of returned 
reserve funds, formerly held by the Higher Education Assistance 
Foundation, that are currently held in Higher Education Assistance 
Foundation Claims Reserves, Treasury account number 91X6192, 
for expenditure for expenses pursuant to section 458 of such Act 
(20 U.S.C. 1087h). 
National Health 
Museum 
Development Act. 
20 use 50 note. 
20 use 50 note. 
TITLE VII—NATIONAL HEALTH MUSEUM 
SEC. 701. SHORT TITLE. 
This title may be cited as the "National Health Museum Devel-
opment Act". 
SEC. 702. AMENDMENTS TO THE NATIONAL DEFENSE AUTHORIZATION 
ACT FOR FISCAL YEAR 1995. 
Section 1067 of the National Defense Authorization Act for 
Fiscal Year 1995 (10 U.S.C. 176 note) is amended— 
PUBLIC LAW 105-78—NOV. 13, 1997 
111 STAT. 1525 
(1) in subsection (a)— 
(A) in paragraph (1), by adding "and" at the end; 
(B) in paragraph (2), by striking ; and" and inserting 
a period; and 
(C) by striking paragraph (3); 
(2) in subsection (b)— 
(A) in the subsection heading, by striking "AND SITE 
OF FACILITY"; 
(B) in paragraph (1), by striking "; and" and inserting 
a period; 
(C) by striking paragraph (2); and 
(D) by striking "Pathology—" and all that follows 
through "shall" in paragraph (1) and inserting "Pathology 
shall"; and 
(3) by striking subsections (c) through (e). 
SEC. 703. NATIONAL HEALTH MUSEUM SITE. 
(a) SITE.—^The facility known as the National Health Museum 
shall be located on or near the Mall on land owned by the Federal 
Grovemment or the District of Columbia (or both) in the District 
of Columbia. 
(b) RULE OF CONSTRUCTION.—^Nothing in this section shall be 
construed as limiting the authority or responsibilities of the 
National Capital Planning Commission or the Commission of Fine 
Arts. 
(c) DEFINITION.—^In this section, the term "the Mall" means— 
(1) the land designated as "Union Square", United States 
Reservation 6A; and 
(2) the land designated as the "Mall", United States Res-
ervations 3, 4, 5, and 6. 
SEC. 704. NATIONAL HEALTH MUSEUM COMMISSION. 
(a) ESTABLISHMENT OF COMMISSION.—^There is established a 
commission to be known as the National Hegdth Museum Commis-
sion (hereafter referred to in this title as the "Commission") that 
shall be comprised of eight members. 
(b) MEMBERSHIP.— 
(1) IN GENERAL.—^The members of the Commission shall 
be appointed for the life of the Commission as follows: 
(A) Two members shall be appointed by the President. 
(B) Two members shall be appointed by the Spesiker 
of the House of Representatives. 
(C) One member shall be appointed by the Minority 
Leader of the House of Representatives. 
(D) Two members shall be appointed by the Majority 
Leader of the Senate. 
(E) One member shall be appointed by the Minority 
Leader of the Senate. 
(2) PERSONS ELIGIBLE.—^The members of the Commission 
shall be individuals who have knowledge or expertise in matters 
to be studied by the Commission. 
(3) CHAIRPERSON,,—^The President shall designate one mem-
ber as the Chairperson of the Commission. 
SEC. 705. DUTIES OF THE COMMISSION. 
(a) STUDY.—It shall be the duty of the Commission to conduct 
a comprehensive study of the appropriate Federal role in the plan-
ning and operation of the National Health Museum, as well as 
District of 
Columbia. 
20 use 50 note. 
20 use 50 note. 
President. 
President. 
20 use 50 note. 
I l l STAT. 1526 
PUBLIC LAW 105-78—NOV. 13, 1997 
any other issues deemed appropriate to the development of the 
National Health Museum. 
(b) REPORT.—Not later than 1 year after the date on which 
the Commission first meets, the Commission shall submit to the 
President and Congress a comprehensive report of the Commission's 
findings and conclusions, together with any recommendations of 
the Commission. 
20 u s e 50 note 
SEC. 706. COMMISSION ADMINISTRATION MATTERS. 
(a) APPLICATION OF FACA.—The National Health Museum, Inc. 
shall be responsible for administering all Commission activities 
in accordance with the Federal Advisory Committee Act (5 U.S.C. 
App.). 
(b) COMPENSATION OF MEMBERS.—Each member of the Commis-
sion who is not an officer or employee of the Federal Government 
shall be compensated at a rate equal to the daily equivalent of 
the annual rate of basic pay prescribed for level IV of the Executive 
Schedule under section 5315 of title 5, United States Code. 
20 u s e 50 note. 
SEC. 707. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to carry out this sec-
tion, $500,000 for fiscal year 1998, to remain available until 
expended. 
20 u s e 50 note. 
SEC. 708. TERMINATION OF THE COMMISSION. 
The Commission shall terminate 60 days after the Commission 
submits the report required under section 705(b). 
This Act may be cited as the "Departments of Labor, Health 
and Human Services, and Education, and Related Agencies Appro-
priations Act, 1998". 
Approved November 13, 1997. 
LEGISLATIVE HISTORY—H.R. 2264 (S. 1061): 
HOUSE REPORTS: Nos. 105-205 (Comm. on Appropriations) and 105-390 (Comm. 
of Conference). 
SENATE REPORTS: No. 105-58 accompanying S. 1061 (Comm. on Appropriations). 
CONGRESSIONAL RECORD, Vol. 143 (1997): 
Sept. 4, 5, 8-11, 16, 17, considered and passed House. 
Sept. 17, considered and passed Senate, amended, in lieu of S. 1061 
Nov. 7, House agreed to conference report. 
Nov. 8, Senate agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 33 (1997): 
Nov. 13, Presidential remarks and statement.