[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2518 Engrossed Amendment Senate (EAS)]

103d CONGRESS

  1st Session

                               H. R. 2518

_______________________________________________________________________

                               AMENDMENTS
                  In the Senate of the United States,

                    September 29 (legislative day, September 27), 1993.
      Resolved, That the bill from the House of Representatives (H.R. 
2518) entitled ``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, 1994, and for other 
purposes'', do pass with the following

                              AMENDMENTS:

 (1)Page 2, line 17, strike out [$4,943,181,000] and insert: 
$4,588,536,000

 (2)Page 2, line 19, strike out [$61,871,000] and insert: $65,000,000

 (3)Page 2, line 20, strike out [$78,303,000] and insert: $88,000,000

 (4)Page 2, line 23, strike out [$5,357,000] and insert: $5,800,000

 (5)Page 2, line 26, strike out [$3,831,000] and insert: $3,861,000

 (6)Page 3, line 10, after ``addition,'' insert: $178,000,000 is 
appropriated for carrying out part B of title II of the Job Training 
Partnership Act to be available for obligation for the period October 
1, 1993 through June 30, 1994; and, in addition, $50,000,000 is 
appropriated for carrying out part D of title IV of the Job Training 
Partnership Act to be available for obligation for the period October 
1, 1993 through June 30, 1995; and, in addition,

 (7)Page 3, line 13, strike out [$744,000] and insert: $1,500,000

 (8)Page 3, line 18, after ``Act'' insert: and, in addition, $750,000 
is appropriated for the Women in Apprenticeship and Nontraditional 
Occupations Act (Public Law 102-530)

 (9)Page 3, line 20, strike all after ``centers'' over to and including 
``1993'' in line 2 on page 4

 (10)Page 5, line 18, strike out [$69,542,000] and insert: $77,042,000

 (11)Page 5, line 19, strike out [$3,327,707,000] and insert: 
$3,338,389,000

 (12)Page 6, line 12, strike out [$67,486,000] and insert: $74,986,000

 (13)Page 7, line 1, strike out [3.28] and insert: 3.427

 (14)Page 8, line 8, strike out [$64,408,000] and insert: $64,058,000

 (15)Page 9, line 12, after ``Act'' insert: : Provided, That, 
notwithstanding 31 U.S.C. 3302, or any provision of Public Law 102-170, 
Public Law 102-394, this Act, or any subsequent Appropriations Act, the 
Secretary of Labor is authorized to accept, retain and spend in the 
name of the Department of Labor all sums of money ordered to be paid to 
the Secretary of Labor, in accordance with the terms of the Consent 
Judgment in Civil Action No. 91-0027 of the United States District 
Court for the District of the Northern Mariana Islands (May 21, 1992)
    Sec. 100. Congressional Coverage under Health Care Legislation.--
    (a) Findings.--Congress finds:
            (1) Congress is expected to consider health care reform 
        legislation in the near future that would offer a standard 
        benefit package with several different options for the delivery 
        of those benefits.
            (2) The standard benefits offered under all plans will be 
        the same. Quality standards will apply to all plans.
            (3) Consumers will have the ability to choose a plan on an 
        annual basis, and will have access to full information about 
        all plans so that they may make their choice based on the 
        quality of plans and consumer satisfaction of plans.
            (4) Members of Congress should be treated the same and 
        afforded the same choices as every American in the health care 
        system.
    (b) Sense of the Congress.--It is the sense of the Congress that 
any legislation appproved by Congress should provide health care plans 
of comparable high quality and that Members of Congress participate on 
an equal basis with all other Americans in the health care system that 
results from health care reform legislation.

 (16)Page 11, line 4, strike out [$1,001,575,000] and insert: 
$1,002,175,000

 (17)Page 11, line 9, strike out [$28,929,000] and insert: $29,529,000

 (18)Page 12, line 4, strike out [$294,640,000] and insert: 
$297,244,000

 (19)Page 14, line 11, strike out [$193,858,000] and insert: 
$195,002,000

 (20)Page 15, line 15, strike out [$281,768,000] and insert: 
$282,018,000

 (21)Page 15, line 16, strike out [$51,927,000] and insert: $51,227,000

 (22)Page 15, line 24, strike out [$142,242,000] and insert: 
$143,127,000

 (23)Page 16, strike out lines 4 to 7 and insert:
    For expenses necessary for the maintenance and operation of a 
comprehensive program of centralized services which the Secretary of 
Labor may prescribe and deem appropriate and advantageous to provide on 
a reimbursable basis under the provisions of the Economy Act (subject 
to prior notice to OMB) in the national office and field: Provided, 
That such fund shall be reimbursed in advance from funds available to 
agencies, bureaus, and offices for which such centralized services are 
performed at rates which will return in full cost of operations 
including services obtained through cooperative administrative services 
units under the Economy Act, including reserves for accrued annual 
leave, worker's compensation, depreciation of capitalized equipment, 
and amortization of ADP software and systems (either acquired or 
donated): Provided further, That funds received for services rendered 
to any entity or person for use of Departmental facilities, including 
associated utilities and security services, shall be credited to and 
merged with this fund.

 (24)Page 17, after line 2, insert:
    Sec. 102. Section 8102 of title 5, United States Code (``the Act'') 
is amended to redesignate subsection (b) of subsection (c) and to add 
the following new subsection (b):
    ``(b) An individual convicted of a violation of 18 U.S.C. 1920, or 
of any felony fraud related to the application for or receipt of 
benefits under subchapter I or III or chapter 81 of title 5, shall (in 
addition to any other penalties provided by this subchapter) as of the 
date of the conviction, forfeit all entitlement to any prospective 
benefits provided by subchapter I or III for any injury occurring on or 
before the date of the conviction.''.

 (25)Page 17, after line 2, insert:
    Sec. 103. None of the funds appropriated under this Act shall be 
expended by the Secretary of Labor to implement or administer either 
the final or proposed regulations referred to in section 303 of Public 
Law 102-27.

 (26)Page 17, line 10, strike out [and XXVI] and insert: XXVI, and 
XXVII

 (27)Page 17, line 15, strike out [$2,833,588,000] and insert: 
$2,954,341,000

 (28)Page 18, line 1, after ``Center'' insert: : Provided further, That 
no more than $5,000,000 is available for carrying out the provisions of 
Public Law 102-501

 (29)Page 19, line 14, strike out [$2,500,000] and insert: $3,000,000

 (30)Page 19, line 19, strike out [$80,000,000] and insert: 
$110,000,000

 (31)Page 19, lines 23 and 24, strike out [and XIX] and insert: XIX, 
and XXVII

 (32)Page 20, line 4, strike out [$1,910,182,000] and insert: 
$2,088,781,000

 (33)Page 24, line 17, strike out [$328,915,000] and insert: 
$332,915,000

 (34)Page 24, line 21, after ``grants'' insert: : Provided further, 
That $8,000,000 shall be for extramural facilities construction grants 
to be awarded on a competitive basis and in accordance with the 
criteria of section 481A(c)(2) of subpart 1 of part E of title IV

 (35)Page 24, line 25, strike out [$119,030,000] and insert: 
$131,925,000

 (36)Page 25, line 3, strike out [$22,240,000] and insert: $19,988,000

 (37)Page 25, line 7, strike out [$118,481,000] and insert: 
$120,481,000

 (38)Page 25, line 11, strike out [$224,746,000] and insert: 
$241,225,000

 (39)Page 25, line 14, after ``only'' insert: : Provided further, That 
of the funds made available under this heading, $15,000,000 shall be 
made available for the Director's Discretionary Fund, of which 
$12,000,000 shall be allocated to the relevant Institutes, Centers and 
Divisions to support the activities of the Decade of the Brain Program

 (40)Page 25, line 25, strike out [$114,385,000] and insert: 
$101,000,000

 (41)Page 26, line 8, strike out [$2,057,167,000] and insert: 
$2,119,205,000

 (42)Page 26, line 16, strike out [$4,000,000] and insert: $3,000,000

 (43)Page 26, line 23, strike out [$68,758,000] and insert: $71,167,000

 (44)Page 27, line 18, strike out [$129,051,000] and insert: 
$139,305,000

 (45)Page 28, after line 16, insert:
    For making payments to States under title XIX of the Social 
Security Act for the first quarter of fiscal year 1995, $26,600,000,000 
to remain available until expended.

 (46)Page 29, line 10, strike out [$2,172,598,000] and insert: 
$2,192,414,000

 (47)Page 29, line 13, strike out [$2,172,598,000] and insert: 
$2,192,414,000

 (48)Page 30, after line 11, insert:
    For making benefit payments under title IV of the Federal Mine 
Safety and Health Act of 1977 for the first quarter of fiscal year 
1995, $190,000,000, to remain available until expended.

 (49)Page 30, line 19, strike out [$20,181,775,000] and insert: 
$20,172,775,000

 (50)Page 30, line 23, strike out [July 31] and insert: June 15

 (51)Page 31, after line 2, insert:
    For carrying out title XVI of the Social Security Act for the first 
quarter of fiscal year 1995, $6,770,000,000, to remain available until 
expended.

 (52)Page 31, line 5, strike out [$4,874,285,000] and insert: 
$4,876,085,000

 (53)Page 31, line 6, after ``Act'' insert: or as necessary to carry 
out sections 9704 and 9706 of the Internal Revenue Code of 1986 as such 
sections were in effect on January 1, 1993

 (54)Page 31, line 7, after ``therein'' insert: : Provided, That no 
more than $542,398,000 shall be derived from the Federal Hospital 
Insurance and the Federal Supplementary Medical Insurance Trust Funds: 
Provided further, That reimbursement to the Trust Funds under this 
heading for administrative expenses to carry out sections 9704 and 9706 
of the Internal Revenue Code of 1986 shall be made, with interest, not 
later than September 30, 1996: Provided further, That not more than 
$1,800,000 is available for expenses necessary for the Commission on 
the Social Security ``Notch'' Issue, established by section 635 of 
Public Law 102-393 as amended

 (55)Page 31, line 15, strike out [$330,000,000] and insert: 
$220,000,000

 (56)Page 32, after line 14, insert:
    For making payments to States or other non-Federal entities under 
titles I, IV-A (other than section 402(g)(6)) and D, X, XI, XIV, and 
XVI of the Social Security Act and the Act of July 5, 1960 (24 U.S.C. 
ch. 9) for the first quarter of fiscal year 1995, $4,200,000,000 to 
remain available until expended.

 (57)Page 32, after line 18, insert:

                   low income home energy assistance

    For making payments under title XXVI of the Omnibus Budget 
Reconciliation Act of 1981, $1,507,408,000 to be available for 
obligation in the period October 1, 1994 through June 30, 1995, of 
which $100,000,000 shall be available for reimbursing States for costs 
incurred during the period October 1, 1993 through September 30, 1994.
    For making payments under title XXVI of the Omnibus Budget 
Reconciliation Act of 1981, an additional $600,000,000: Provided, That 
all funds available under this paragraph 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 and Emergency 
Deficit Control Act of 1985.

 (58)Page 33, line 5, strike out [$447,643,000] and insert: 
$472,649,000, including $12,000,000 which shall be for carrying out the 
National Youth Sports Program: Provided, That payments from such amount 
to the grantee and subgrantee administering the National Youth Sports 
Program may not exceed the aggregate amount contributed in cash or in 
kind by the grantee and subgrantee: Provided further, That amounts in 
excess of $9,400,000 of such amount may not be made available to the 
grantee and subgrantees administering the National Youth Sports Program 
unless the grantee agrees to provide contributions in cash over and 
above the preceding years cash contribution to such program in an 
amount that equals 50 percent of such excess amount: Provided further, 
That notwithstanding any other provision of this Act, no department, 
agency, or instrumentality of the United States Government receiving 
appropriated funds under this Act for fiscal year 1994 shall, during 
fiscal year 1994, obligate and expend funds for consulting services in 
excess of an amount equal to 96.48 percent of the amount estimated to 
be obligated and expended by such department, agency, or 
instrumentality for such services during fiscal year 1994: Provided 
further, That notwithstanding any other provision of this Act, the 
aggregate amount of funds appropriated by this Act to any such 
department, agency, or instrumentality for fiscal year 1994 is reduced 
by an amount equal to 3.52 percent of the amount expected to be 
expended by such department, agency or instrumentality during fiscal 
year 1994 for consulting services. As used in the preceding two 
provisos, the term `consulting services' includes any services within 
the definition of sub-object class 25.1 as described in the Office of 
Management and Budget Circular A-11, dated August 4, 1993

 (59)Page 33, line 9, after ``$892,711,000'' insert: , which shall be 
available for obligation under the same statutory terms and conditions 
applicable in the prior fiscal year

 (60)Page 33, strike out lines 11 and 12 and insert:
    For making grants to States pursuant to section 2002 of the Social 
Security Act, $2,800,000,000. For carrying out section 2007 of the 
Social Security Act, an additional $1,000,000,000, which shall remain 
available until expended.

 (61)Page 34, line 13, after ``100-77,'' insert: the Commission on 
Child and Family Welfare established under Public Law 102-521,

 (62)Page 34, line 14, strike out [$4,169,806,000] and insert: 
$4,296,796,000

 (63)Page 34, after line 14, insert:

                    family support and preservation

    For carrying out section 430 of the Social Security Act, 
$60,000,000.

 (64)Page 34, line 25, strike out [$841,875,000] and insert: 
$881,863,000

 (65)Page 35, line 5, strike out [$94,149,000] and insert: $92,793,000

 (66)Page 35, line 12, strike out [$62,379,000] and insert: $64,800,000

 (67)Page 37, strike out lines 3 to 9

 (68)Page 37, line 14, strike out [1911(d)] and insert: 1503

 (69)Page 37, after line 15, insert:
    Sec. 207. For the purpose of carrying out subparts II and III part 
B of title XIX of the Public Health Service Act (42 U.S.C. 300x-21 et 
seq.) for fiscal years 1993 and 1994, the Secretary of Health and Human 
Services shall obligate $7,532,065 from the amounts made available 
pursuant to section 1935(b) of such Act for fiscal year 1994, of which 
$673,706 shall be available to Arkansas, $40,702 shall be available to 
Georgia, $144,331 shall be available to Hawaii, $488,178 shall be 
available to Idaho, $223,109 shall be available to Indiana, $820,641 
shall be available to Iowa, $729,745 shall be available to Kansas, 
$609,672 shall be available to Kentucky, $69,682 shall be available to 
Louisiana, $34,514 shall be available to Maine, $349,997 shall be 
available to Minnesota, $8,626 shall be available to the Red Lake 
Indian Tribe, $500,441 shall be available to Mississippi, $184,176 
shall be available to Montana, $231,450 shall be available to Nebraska, 
$8,896 shall be available to North Carolina, $97,530 shall be available 
to North Dakota, $66,083 shall be available to Ohio, $578,520 shall be 
available to Oklahoma, $557,924 shall be available to Oregon, $167,753 
shall be available to South Carolina, $319,674 shall be available to 
Tennessee, $196,426 shall be available to West Virginia, $195,834 shall 
be available to Wisconsin, and $234,455 shall be available to Wyoming.

 (70)Page 37, after line 15, insert:
    Sec. 208. Not to exceed $190,400,000 may be obligated in fiscal 
year 1994 for contracts with Utilization and Quality Control Peer 
Review Organizations pursuant to part B of title XI of the Social 
Security Act.

 (71)Page 37, after line 15, insert:
    Sec. 209. None of the funds appropriated under this Act for the 
Medicaid Disproportionate Share Hospital payment program may be 
disbursed to a State until the Governor of such State certifies to the 
Secretary of Health and Human Services that such funds shall be 
expended solely for providing medical assistance under Medicaid: 
Provided, That it is the sense of the Senate that any health care 
reform legislation enacted by Congress should modify or eliminate the 
Medicaid Disproportionate Share Hospital payment program, because 
States are currently abusing the program by spending Federal matching 
funds for purposes unrelated to Medicaid.

 (72)Page 37, after line 15, insert:

SEC. 210. RESTRICTION ON PAYMENT OF BENEFITS TO INDIVIDUALS CONFINED BY 
              COURT ORDER TO PUBLIC INSTITUTIONS PURSUANT TO VERDICTS 
              OF NOT GUILTY BY REASON OF INSANITY OR OTHER MENTAL 
              DISORDER.

    (a) In General.--Section 202(x)(1) of the Social Security Act (42 
U.S.C. 402(x)(1)) is amended--
            (1) by inserting ``(A)'' after ``(1)'', and
            (2) by adding at the end the following new subparagraph:
                    ``(B) Notwithstanding any other provision of this 
                title, no monthly benefits shall be paid under this 
                section or under section 223 to any individual for any 
                month during which such individual is confined in any 
                public institution by a court order pursuant to a 
                verdict that the individual is guilty, but insane or 
                not guilty of an offense by reason of insanity (or by 
                reason of a similar finding, such as a mental disease, 
                a mental defect, or mental incompetence).''.
    (b) Conforming Amendents.--
            (1) The heading for section 202(x) of such Act is amended 
        by inserting ``and Certain Other Inmates of Public 
        Institutions'' after ``Prisoners''.
            (2) section 202(x)(3), is amended by striking ``any 
        individual'' and all that follows and inserting ``any 
        individual confined as described in paragraph (1) if the jail, 
        prison, penal institution, correctional facility, or other 
        public institution to which such individual is so confined is 
        under the jurisdiction of such agency and the Secretary 
        requires such information to carry out the provisions of this 
        section.''.
    (c) Effective Date.--
            (1) In general.--Except as provided in paragraph (2), the 
        amendments made by this section shall apply with respect to 
        benefits for months commencing 90 days after the date of the 
        enactment of this Act.
            (2) Special rule regarding payments to institutions.--The 
        amendment made by subsection (a) shall not apply to any payment 
        with respect to any individual, if, as of the date of the 
        enactment of this Act, such payment is made directly to the 
        public institution to compensate such institution for the 
        expense of institutionalizing such individual.

 (73)Page 37, after line 19, insert:

                     (including transfer of funds)

 (74)Page 37, strike out all after line 19 over to and including line 5 
on page 38 and insert:
    For carrying out education reform activities authorized in law, 
including activities authorized by the Carl D. Perkins Vocational and 
Applied Technology Education Act, $166,000,000, of which $5,000,000, 
under section 402 of the Perkins Act, shall be used by the Secretary 
for activities, including peer review of applications, related to 
school-to-work transition, and not less than $45,000,000 shall be used 
under section 420A of the Perkins Act for State grants and subgrants to 
initiate activities in States and localities related to school-to-work 
transition: Provided, That $116,000,000 of the funds provided shall be 
for carrying out activities authorized by the Goals 2000: Educate 
America Act, or similar legislation, if enacted into law by April 1, 
1994 of which $5,000,000 shall be used for ``State Planning for 
Improving Student Achievement Through Integration of Technology Into 
the Curriculum''; and that if such legislation is not enacted by that 
date, this amount shall be used for alleviation of the funding 
shortfall in the Pell Grant program under subpart 1 of Part A of title 
IV of the Higher Education Act of 1965: Provided further, That any 
funds appropriated in this account may be transferred as necessary to 
other Department of Education accounts.

 (75)Page 38, line 10, strike out [$6,871,147,000] and insert: 
$6,971,620,000

 (76)Page 38, line 11, strike out [$6,844,682,000] and insert: 
$6,943,175,000

 (77)Page 38, line 13, strike out [$5,597,000,000] and insert: 
$5,687,000,000

 (78)Page 38, line 14, strike out [excluding subsection (a)(3)]

 (79)Page 38, line 16, strike out [$39,734,000] and insert: $42,000,000

 (80)Page 38, line 17, strike out [$89,123,000] and insert: $92,123,000

 (81)Page 38, line 19, strike out [$302,773,000] and insert: 
$306,000,000

 (82)Page 38, line 26, strike out [$2,980,000] and insert: $4,960,000

 (83)Page 39, line 12, strike out [$813,074,000] and insert: 
$748,368,000

 (84)Page 39, line 13, strike out [$630,000,000] and insert: 
$563,780,000

 (85)Page 39, line 14, strike out [$123,629,000] and insert: 
$121,629,000

 (86)Page 39, line 15, strike out [$29,462,000] and insert: $34,762,000

 (87)Page 39, line 18, strike out [$1,786,000 shall be for payments 
under section 3(e),]

 (88)Page 41, line 13, strike out [$1,339,178,000] and insert: 
$1,393,893,000

 (89)Page 41, line 13, strike out [$1,014,709,000] and insert: 
$1,065,101,000

 (90)Page 41, line 16, strike out [$24,925,000] and insert: $25,196,000

 (91)Page 41, line 17, strike out [$246,016,000] and insert: 
$252,658,000

 (92)Page 41, line 20, after ``1965'' insert: : Provided further, That 
of the amount provided for the State and local programs under part B of 
title V of the Elementary and Secondary Education Act, up to 
$32,838,000 may be used for Department of Education activities 
authorized under the Safe Schools Act, or similar legislation, if such 
legislation is enacted by April 1, 1994; and any funds used for such 
activities shall be available from October 1, 1993 through September 
30, 1994

 (93)Page 41, line 24, strike out [$242,789,000] and insert: 
$232,251,000

 (94)Page 41, line 25, strike out [$36,672,000] and insert: $35,708,000

 (95)Page 41, line 26, strike out [$40,000,000] and insert: $35,968,000

 (96)Page 42, line 8, strike out [$3,039,442,000] and insert: 
$3,134,734,000

 (97)Page 42, line 8, strike out [$2,108,218,000] and insert: 
$2,163,508,000

 (98)Page 42, line 9, strike out [$325,773,000] and insert: 
$343,751,000

 (99)Page 42, line 9, strike out [$243,769,000] and insert: 
$256,280,000

 (100)Page 42, line 10, strike out [$113,755,000] and insert: 
$120,000,000

 (101)Page 42, line 25, strike out all after ``1973,'' over to and 
including ``407'' in line 1 on page 43 and insert: the Technology-
Related Assistance for Individuals with Disabilities Act

 (102)Page 43, line 2, strike out [$2,251,028,000] and insert: 
$2,316,913,000

 (103)Page 43, line 21, strike out [$77,435,000] and insert: 
$79,435,000

 (104)Page 43, line 23, after ``expended'' insert: and $2,000,000 shall 
be for construction and shall be available until expended

 (105)Page 44, line 6, strike out [$1,474,243,000] and insert: 
$1,483,433,000

 (106)Page 44, line 17, strike out [$31,327,000] and insert: 
$40,327,000

 (107)Page 44, line 21, strike out [$16,705,000] and insert: 
$25,705,000

 (108)Page 44, line 22, after ``411(b)'' insert: , including $5,000,000 
for model community education and employment centers

 (109)Page 45, line 5, after ``E,'' insert: G,

 (110)Page 45, line 6, strike out [$8,120,366,000] and insert: 
$8,004,293,000

 (111)Page 45, line 9, strike out [$2,250] and insert: $2,300

 (112)Page 46, strike out lines 1 to 5

 (113)Page 46, line 6, after ``direct'' insert: student

 (114)Page 46, line 7, strike out all after ``of'' down to and 
including ``569)'' in line 9 and insert: direct loans authorized by 
title IV, part D, of the Higher Education Act, as amended

 (115)Page 46, lines 17 and 18, strike out [and subpart 1 of part B] 
and insert: , subpart 1 of part B and part D

 (116)Page 46, line 19, strike out [and section 1410]

 (117)Page 46, line 23, strike out [$889,855,000] and insert: 
$882,974,000

 (118)Page 47, line 2, after ``1204(c)'' insert: : Provided, That under 
subpart 6 of part A of title IV of the Higher Education Act, the 
District of Columbia and the Commonwealth of Puerto Rico shall receive 
funding allocations as if they were States and shall not be subject to 
the limitations on the non-State entities listed in section 419G(b)

 (119)Page 48, line 23, strike out [$178,500,000] and insert: 
$357,000,000

 (120)Page 49, line 8, after ``amended'' insert: (or any successor 
authority)

 (121)Page 49, line 8, strike out [section 1566,]

 (122)Page 49, line 13, strike out [section 6041 of Public Law 100-
418;]

 (123)Page 49, line 15, strike out all after ``Act,'' down to and 
including ``2012'' in line 22 and insert: $301,398,000: Provided, That 
$31,000,000 shall be for research centers, including funds to extend 
the existing award for a research center on the education of 
disadvantaged students for up to one year; $38,032,000 shall be for 
regional laboratories, including $9,508,000 for rural initiatives; 
$40,000,000 shall be for activities under the Fund for Innovation in 
Education; $4,463,000 shall be for civic education activities under 
section 4609; $5,396,000 shall be for Grants for Schools and Teachers 
under subpart 1 and $3,687,000 shall be for Family School Partnerships 
under subpart 2 of part B of title III of Public Law 100-297; 
$14,582,000 shall be for national diffusion activities under section 
1562; $16,072,000 shall be for national programs under section 2012, 
including $3,672,000 for the National Clearinghouse for Science and 
Mathematics under section 2012(d); and $15,000,000 shall be for 
regional consortia under subpart 2 of part A of title II; $9,607,000 
shall be for Javits gifted and talented students education; $27,000,000 
shall be for star schools, of which $4,500,000 shall be for a 
demonstration of a statewide, two-way interactive fiber optic 
telecommunications network, carrying voice, video, and data 
transmissions, and housing a point of presence in every county; 
$1,737,000 shall be for territorial teacher training; and $3,212,000 
shall be for the National Writing Project

 (124)Page 50, line 2, strike out [$145,101,000] and insert: 
$147,517,000, of which $19,000,000 shall be used to carry out the 
provisions of title II of the Library Services and Construction Act and 
shall remain available until expended, and $4,960,000 shall be for 
section 222 and $2,802,000 shall be for section 223 of the Higher 
Education Act, of which $2,500,000 shall be for demonstration of on-
line and dial-in access to a statewide, multitype library bibliographic 
database through a statewide fiber optic network housing a point of 
presence in every county, connecting library services in every 
municipality

 (125)Page 50, line 9, strike out [$352,008,000] and insert: 
$291,921,000

 (126)Page 52, after line 17, insert:
    Sec. 305. (a) The Congress finds that--
            (1) in order to increase our Nation's standard of living 
        and to increase the number of good jobs, the United States must 
        increase its productivity and ability to compete in the 
        international marketplace by improving the educational level of 
        our workforce;
            (2) although efforts are being made to establish higher 
        educational standards and goals, there is a substantial 
        shortage of resources to meet such standards and goals;
            (3) States and local communities are finding it 
        increasingly difficult to meet ever higher educational 
        standards and goals, and States will not be able to fund needed 
        changes without Federal help to reach such standards and goals;
            (4) the Federal Government has established many education 
        programs but failed to provide adequate funding for such 
        programs, for example one such program provides education to 
        our Nation's disabled students and was established with a 
        promise of 40 percent Federal funding but currently receives 
        only 8 percent Federal funding;
            (5) the annual shortfall in Federal education programs is 
        approximately half of the promised funding;
            (6) many needed education improvements will not need 
        Federal funds, however, other suggested changes such as 
        lengthened school years, better pay, after-school activities, 
        mentoring for students at risk, programs for gifted students, 
        and replacing substandard buildings will require substantial 
        Federal assistance; and
            (7) the Federal contribution to education is less than 2 
        percent of the total Federal budget, and in order to make 
        education a national priority, the total percentage of Federal 
        education funding should be increased by 1 percent each year 
        over the next 8 years to reach 10 percent of the total Federal 
        budget.
    (b) It is the sense of the Congress that the total share of the 
Federal spending on education should increase by at least 1 percent 
each year until such share reaches 10 percent of the total Federal 
budget.

 (127)Page 52, after line 17, insert:
    Sec. 306. (a) The Congress finds that--
            (1) according to the recent National Performance Review, 
        there are currently 230 distinct programs in the Department of 
        Education, 160 of which award grants through 245 national 
        competitions each year;
            (2) many of these programs overlap in purpose and 
        orientation, differing only in the administrative requirements 
        such programs impose on applicants and the Department of 
        Education;
            (3) as an example, the goal of reforming schools is funded 
        through at least 4 programs assisted under this Act, including 
        the programs assisted under chapter 2 of title I of the 
        Elementary and Secondary Education Act of 1965 (block grants), 
        the Fund for the Improvement and Reform of Schools and 
        Teaching, the Secretary's Fund for Innovation in Education, and 
        a new program established under the Goals 2000: Educate America 
        Act, which has not yet become law;
            (4) the overhead at the Department of Education to 
        administer each separate program, and the cost to States, 
        localities and schools of preparing applications, planning 
        ahead, and managing funds under each program diverts scarce 
        resources from schools and students;
            (5) some Federal programs serve purposes which would be 
        better served by consolidation into a single flexible grant, a 
        few serve purposes that could be met without Federal 
        assistance, and some programs are obsolete;
            (6) in the Department of Education's internal study for the 
        National Performance Review, the Department indicated that the 
        Department had identified 41 programs that could be eliminated 
        or consolidated into other programs;
            (7) this Act takes a significant step toward consolidation 
        by eliminating funding for 13 programs, and the Department of 
        Education has begun a serious effort to consolidate programs, 
        as is appropriate, in the reauthorization of the Elementary and 
        Secondary Education Act of 1965, but much more remains to be 
        done; and
            (8) the Defense Base Closure and Realignment Commission 
        offers a successful model for cutting government spending 
        despite powerful interests within and outside of the Congress 
        dedicated to protecting specific projects or programs.
    (b) It is the sense of the Congress that--
            (1) within 6 months of the date of enactment of this Act, 
        the Department of Education should prepare and submit to the 
        Committee on Labor and Human Resources of the Senate and the 
        Committee on Education and Labor of the House of 
        Representatives a legislative package reflecting the 
        President's National Performance Review plan to consolidate 
        Federal education programs;
            (2) the Committee on Labor and Human Resources of the 
        Senate and the Committee on Education and Labor of the House of 
        Representatives should consider the package submitted by the 
        Department of Education and should report to the Senate and 
        House of Representatives, respectively, bills proposing to 
        consolidate Federal education programs;
            (3) the leadership of each House of the Congress should 
        establish--
                    (A) a process for considering a bill described in 
                paragraph (2) under which such bill would be subject to 
                a single vote of approval or disapproval by such House; 
                or
                    (B) a comparable process to minimize the 
                possibility that individual programs will be excepted 
                from the consolidation; and
            (4) the objective of the consolidation should be, first, to 
        find savings by reducing the administrative costs to both the 
        Department of Education and to States and localities that are 
        due to redundant programs, and, second, to maximize the impact 
        of Federal education dollars, but not to reduce our Nation's 
        overall investment in schools and students.

 (128)Page 52, line 25, strike out all after ``amended,'' over to and 
including line 2 on page 53, and insert: $206,287,000: Provided, That 
notwithstanding any other provision of this Act, including the provisos 
pertaining to consulting services under the heading Community Services 
Block Grant, no department, agency, or instrumentality of the United 
States Government receiving appropriated funds under this Act for 
fiscal year 1994 shall, during fiscal year 1994, obligate and expend 
funds for consulting services in excess of an amount equal to 94.975 
percent of the amount estimated to be obligated and expended by such 
department, agency, or instrumentality for such services during fiscal 
year 1994: Provided further, That notwithstanding any other provision 
of this Act, the aggregate amount of funds appopriated by this Act to 
any such department, agency, or instrumentality for fiscal year 1994 is 
reduced by an amount equal to 5.025 percent of the amount to be 
expended by such department, agency, or instrumentality during fiscal 
year 1994 for consulting services. As used in the preceding two 
provisos, the term ``consulting services'' includes any service within 
the definition of sub-object class 25.1 as described in the Office of 
Management and Budget Circular A-11, dated August 4, 1993.

 (129)Page 53, line 8, strike out [$292,640,000] and insert: 
$320,000,000

 (130)Page 54, line 20, strike out [$1,590,000] and insert: $1,791,000

 (131)Page 55, line 21, strike out [$8,506,000] and insert: $8,807,000

 (132)Page 62, strike out all after line 22 over to and including line 
2 on page 64

 (133)Page 64, after line 2, insert:
    Sec. 509. (a). Notwithstanding any other provision of law, monthly 
benefit payments under part B or part C of the Black Lung Benefits Act 
for months after December 1993 and before October 1994 shall be 
calculated as though the provisions of Federal law prescribing pay 
rates for Federal employees continued in effect, without amendment to 
or limitation of such provisions, after January 1993.
    (b). Of the amounts provided under title XII of Public Law 102-368, 
Additional Assistance to Distressed Communities, under the heading 
``Community Investment Program'', $225,000,000 are rescinded.

 (134)Page 64, after line 8, insert:
    Sec. 511. It is the sense of the Senate that the United States 
Department of Justice should investigate whether any Federal criminal 
civil rights laws were violated as a result of (1) the murder of Yankel 
Rosenbaum on August 19, 1991, and (2) the circumstances surrounding the 
murder and accompanying riots in Crown Heights.

 (135)Page 64, after line 8, insert:

                      TITLE VI--NONSMOKING POLICY

SEC. 601. SHORT TITLE.

    This title may be cited as the ``Preventing Our Kids From Inhaling 
Deadly Smoke (PRO-KIDS) Act of 1993''.

SEC. 602. FINDINGS.

    The Congress finds that--
            (1) environmental tobacco smoke comes from secondhand smoke 
        exhaled by smokers and sidestream smoke emitted from the 
        burning of cigarettes, cigars, and pipes;
            (2) since citizens of the United States spend up to 90 
        percent of a day indoors, there is a significant potential for 
        exposure to environmental tobacco smoke from indoor air;
            (3) exposure to environmental tobacco smoke occurs in 
        schools, public buildings, and other indoor facilities;
            (4) recent scientific studies have concluded that exposure 
        to environmental tobacco smoke is a cause of lung cancer in 
        healthy nonsmokers and is responsible for acute and chronic 
        respiratory problems and other health impacts in sensitive 
        populations (including children);
            (5) the health risks posed by environmental tobacco smoke 
        exceed the risks posed by many environmental pollutants 
        regulated by the Environmental Protection Agency; and
            (6) according to information released by the Environmental 
        Protection Agency, environmental tobacco smoke results in a 
        loss to the economy of over $3,000,000,000 per year.

SEC. 603. DEFINITIONS.

    As used in this title:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Children.--The term ``children'' means individuals who 
        have not attained the age of 18.
            (3) Children's services.--The term ``children's services'' 
        means--
                    (A) direct health services that are routinely 
                provided to children and that are funded (in whole or 
                in part) by Federal funds; or
                    (B) any other direct services that are routinely 
                provided primarily to children, including educational 
                services and that are funded (in whole or in part) by 
                Federal funds.
            (4) Federal agency.--The term ``Federal agency'' means an 
        entity in the executive, legislative or judicial branch of the 
        Federal Government.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Health and Human Services.

SEC. 604. NONSMOKING POLICY FOR CHILDREN'S SERVICES.

    (a) Issuance of Guidelines.--Not later than 180 days after the date 
of enactment of this Act, the Administrator shall issue guidelines for 
instituting and enforcing a nonsmoking policy at each indoor facility 
where children's services are provided.
    (b) Contents of Guidelines.--A nonsmoking policy that meets the 
requirements of the guidelines shall, at a minimum, prohibit smoking in 
each portion of an indoor facility where children's services are 
provided that is not ventilated separately (as defined by the 
Administrator) from other portions of the facility.

SEC. 605. TECHNICAL ASSISTANCE.

    The Administrator and the Secretary shall provide technical 
assistance to persons who provide children's services and other persons 
who request technical assistance. The technical assistance shall 
include information--
            (1) on smoking cessation programs for employees; and
            (2) to assist in compliance with the requirements of this 
        title.

SEC. 606. FEDERALLY FUNDED PROGRAMS.

    (a) In General.--Notwithstanding any other provision of law, each 
person who provides children's services shall establish and make a 
good-faith effort to enforce a nonsmoking policy that meets or exceeds 
the requirements of subsection (b).
    (b) Nonsmoking Policy.--
            (1) General requirements.--A nonsmoking policy meets the 
        requirements of this subsection if the policy--
                    (A) is consistent with the guidelines issued under 
                section 604(a);
                    (B) prohibits smoking in each portion of an indoor 
                facility used in connection with the provision of 
                services directly to children; and
                    (C) where appropriate, requires that signs stating 
                that smoking is not permitted be posted in each indoor 
                facility to communicate the policy.
            (2) Permissible features.--A nonsmoking policy that meets 
        the requirements of this subsection may allow smoking in those 
        portions of the facility--
                    (A) in which services are not normally provided 
                directly to children; and
                    (B) that are ventilated separately from those 
                portions of the facility in which services are normally 
                provided directly to children.
    (c) Waiver.--
            (1) In general.--A person described in subsection (a) may 
        publicly petition the head of the Federal agency from which the 
        person receives Federal funds (including financial assistance) 
        for a waiver from any or all of the requirements of subsection 
        (b).
            (2) Conditions for granting a waiver.--Except as provided 
        in paragraph (3), the head of the Federal agency may grant a 
        waiver only--
                    (A) after consulting with the Administrator, and 
                receiving the concurrence of the Administrator;
                    (B) after giving an opportunity for public hearing 
                (at the main office of the Federal agency or at any 
                regional office of the agency) and comment; and
                    (C) if the person requesting the waiver provides 
                assurances that are satisfactory to the head of the 
                Federal agency (with the concurrence of the 
                Administrator) that--
                            (i) unusual extenuating circumstances 
                        prevent the person from establishing or 
                        enforcing the nonsmoking policy (or a 
                        requirement under the policy) referred to in 
                        subsection (b) (including a case in which the 
                        person shares space in an indoor facility with 
                        another entity and cannot obtain an agreement 
                        with the other entity to abide by the 
                        nonsmoking policy requirement) and the person 
                        will establish and make a good-faith effort to 
                        enforce an alternative nonsmoking policy (or 
                        alternative requirement under the policy) that 
                        will protect children from exposure to 
                        environmental tobacco smoke to the maximum 
                        extent possible; or
                            (ii) the person requesting the waiver will 
                        establish and make a good-faith effort to 
                        enforce an alternative nonsmoking policy (or 
                        alternative requirement under the policy) that 
                        will protect children from exposure to 
                        environmental tobacco smoke to the same degree 
                        as the policy (or requirement) under subsection 
                        (b).
            (3) Special waiver.--
                    (A) In general.--On receipt of an application, the 
                head of the Federal agency may grant a special waiver 
                to a person described in subsection (a) who employs 
                individuals who are members of a labor organization and 
                provide children's services pursuant to a collective 
                bargaining agreement that--
                            (i) took effect before the date of 
                        enactment of this Act; and
                            (ii) includes provisions relating to 
                        smoking privileges that are in violation of the 
                        requirements of this section.
                    (B) Termination of waiver.--A special waiver 
                granted under this paragraph shall terminate on the 
                earlier of--
                            (i) the first expiration date (after the 
                        date of enactment of this Act) of the 
                        collective bargaining agreement containing the 
                        provisions relating to smoking privileges; or
                            (ii) the date that is 1 year after the date 
                        specified in subsection (f).
    (d) Civil Penalties.--
            (1) In general.--(A) Any person subject to the requirements 
        of this section who fails to comply with the requirements shall 
        be liable to the United States for a civil penalty in an amount 
        not to exceed $1,000 for each violation, but in no case shall 
        the amount be in excess of the amount of Federal funds received 
        by the person for the fiscal year in which the violation 
        occurred for the provision of children's services.
            (B) Each day a violation continues shall constitute a 
        separate violation.
            (2) Assessment.--A civil penalty for a violation of this 
        section shall be assessed by the head of the Federal agency 
        that provided Federal funds (including financial assistance) to 
        the person (or if the head of the Federal agency does not have 
        the authority to issue an order, the appropriate official) by 
        an order made on the record after opportunity for a hearing in 
        accordance with section 554 of title 5, United States Code. 
        Before issuing the order, the head of the Federal agency (or 
        the appropriate official) shall--
                    (A) give written notice to the person to be 
                assessed a civil penalty under the order of the 
                proposal to issue the order; and
                    (B) provide the person an opportunity to request, 
                not later than 15 days after the date of receipt of the 
                notice, a hearing on the order.
            (3) Amount of civil penalty.--In determining the amount of 
        a civil penalty under this subsection, the head of the Federal 
        agency (or the appropriate official) shall take into account--
                    (A) the nature, circumstances, extent, and gravity 
                of the violation;
                    (B) with respect to the violator, the ability to 
                pay, the effect of the penalty on the ability to 
                continue operation, any prior history of the same kind 
                of violation, the degree of culpability, and a 
                demonstration of willingness to comply with the 
                requirements of this title; and
                    (C) such other matters as justice may require.
            (4) Modification.--The head of the Federal agency (or the 
        appropriate official) may compromise, modify, or remit, with or 
        without conditions, any civil penalty that may be imposed under 
        this subsection. The amount of the penalty as finally 
        determined or agreed upon in compromise may be deducted from 
        any sums that the United States owes to the person against whom 
        the penalty is assessed.
            (5) Petition for review.--A person who has requested a 
        hearing concerning the assessment of a penalty pursuant to 
        paragraph (2) and is aggrieved by an order assessing a civil 
        penalty may file a petition for judicial review of the order 
        with the United States Court of Appeals for the District of 
        Columbia Circuit or for any other circuit in which the person 
        resides or transacts business. The petition may only be filed 
        during the 30-day period beginning on the date of issuance of 
        the order making the assessment.
            (6) Failure to pay.--If a person fails to pay an assessment 
        of a civil penalty--
                    (A) after the order making the assessment has 
                become a final order and without filing a petition for 
                judicial review in accordance with paragraph (5); or
                    (B) after a court has entered a final judgment in 
                favor of the head of the Federal agency (or appropriate 
                official),
        the Attorney General shall recover the amount assessed (plus 
        interest at currently prevailing rates from the last day of the 
        30-day period referred to in paragraph (5) or the date of the 
        final judgment, as the case may be) in an action brought in an 
        appropriate district court of the United States. In the action, 
        the validity, amount, and appropriateness of the penalty shall 
        not be subject to review.
    (e) Exemption.--This section shall not apply to a person who 
provides children's services who--
            (1) has attained the age of 18;
            (2) provides children's services--
                    (A) in a private residence; and
                    (B) only to children who are, by affinity or 
                consanguinity, or by court decree, a grandchild, niece, 
                or nephew of the provider; and
            (3) is registered and complies with any State requirements 
        that govern the children's services provided.
    (f) Effective Date.--This section shall take effect on the first 
day of the first fiscal year beginning after the date of enactment of 
this Act.

SEC. 607. REPORT BY THE ADMINISTRATOR.

    Not later than 2 years after the date of enactment of this Act, the 
Administrator shall submit a report to the Congress that includes--
            (1) information concerning the degree of compliance with 
        this title; and
            (2) an assessment of the legal status of smoking in public 
        places.

SEC. 608. PREEMPTION.

    Nothing in this title is intended to preempt any provision of law 
of a State or political subdivision of a State that is more restrictive 
than a provision of this title.

            Attest:






                                                             Secretary.

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