[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4606 Reported in House (RH)]

                                                 Union Calendar No. 307
103d CONGRESS
  2d Session
                                H. R. 4606

                          [Report No. 103-553]

 Making appropriations for the Departments of Labor, Health and Human 
  Services, and Education, and related agencies, for the fiscal year 
           ending September 30, 1995, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 21, 1994

 Mr. Smith of Iowa, from the Committee on Appropriations, reported the 
following bill; which was committed to the Committee of the Whole House 
          on the State of the Union and ordered to be printed

_______________________________________________________________________

                                 A BILL


 
 Making appropriations for the Departments of Labor, Health and Human 
  Services, and Education, and related agencies, for the fiscal year 
           ending September 30, 1995, 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, 
and Education, and related agencies for the fiscal year ending 
September 30, 1995, and for other purposes, namely:

                      TITLE I--DEPARTMENT OF LABOR

                 Employment and Training Administration

                         program administration

    For expenses of administering employment and training programs and 
for carrying out section 908 of the Social Security Act, $90,276,000, 
together with not to exceed $45,073,000, which may be expended from the 
Employment Security Administration account in the Unemployment Trust 
Fund.

                    training and employment services

    For expenses necessary to carry into effect 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 centers as authorized by the Job Training Partnership Act; 
title II of the Civil Rights Act of 1991; title XV, part A of Public 
Law 102-325; title VII, subtitle C of the Stewart B. McKinney Homeless 
Assistance Act; the Women in Apprenticeship and Nontraditional 
Occupations Act; Goals 2000: Educate America Act; and the School-to-
Work Opportunities Act; $5,524,991,000 plus reimbursements, of which 
$5,035,179,000 is available for obligation for the period July 1, 1995 
through June 30, 1996; of which $150,000,000 is available for the 
period July 1, 1995 through June 30, 1998 for necessary expenses of 
construction, rehabilitation, and acquisition of Job Corps centers, 
including $51,254,000 for new centers; of which $184,788,000 shall be 
available for the period October 1, 1994 through June 30, 1995; and of 
which $140,000,000 shall be available for obligation from July 1, 1995 
through September 30, 1996, for carrying out activities of the School-
to-Work Opportunities Act: Provided, That $63,666,000 shall be for 
carrying out section 401 of the Job Training Partnership Act, 
$84,841,000 shall be for carrying out section 402 of such Act, 
$8,880,000 shall be for carrying out section 441 of such Act, 
$1,500,000 shall be for the National Commission for Employment Policy, 
$5,579,000 shall be for all activities conducted by and through the 
National Occupational Information Coordinating Committee under such 
Act, $3,861,000 shall be for service delivery areas under section 
101(a)(4)(A)(iii) of such Act in addition to amounts otherwise provided 
under sections 202, 252 and 262 of the Act, $1,044,813,000 shall be for 
carrying out title II, part A of such Act, and $598,682,000 shall be 
for carrying out title II, part C of such Act: Provided further, That 
no funds from any other appropriation shall be used to provide meal 
services at or for Job Corps centers.

            community service employment for older americans

    To carry out the activities for national grants or contracts with 
public agencies and 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, $320,190,000.
    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, $90,310,000.

              federal unemployment benefits and allowances

    For payments during the current fiscal year of benefits and 
payments as authorized by title II of Public Law 95-250, as amended, 
and of trade adjustment benefit payments and allowances under part I, 
and for training, for allowances for job search and relocation, and for 
related State administrative expenses under part II, subchapters B and 
D, chapter 2, title II of the Trade Act of 1974, as amended, 
$274,400,000 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 activities authorized by the Act of June 6, 1933, as amended 
(29 U.S.C. 49-49l-1; 39 U.S.C. 3202(a)(1)(E)); title III of the Social 
Security Act, as amended (42 U.S.C. 502-504); necessary administrative 
expenses for carrying out 5 U.S.C. 8501-8523, and sections 225, 231-
235, 243-244, and 250(d)(1), 250(d)(3), title II of the Trade Act of 
1974, as amended; as authorized by section 7c of the Act of June 6, 
1933, as amended, necessary administrative expenses under sections 
101(a)(15)(H), 212(a)(5)(A), (m) (2) and (3), (n)(1), and 218(g) (1), 
(2), and (3), and 258(c) of the Immigration and Nationality Act, as 
amended (8 U.S.C. 1101 et seq.); necessary administrative expenses to 
carry out the Targeted Jobs Tax Credit Program under section 51 of the 
Internal Revenue Code of 1986, and section 221(a) of the Immigration 
Act of 1990, $146,697,000, together with not to exceed $3,269,013,000 
(including not to exceed $1,653,000 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 $1,000,000 which may be obligated in contracts with non-State 
entities for activities such as occupational and test research 
activities which benefit the Federal-State Employment Service System), 
which may be expended from the Employment Security Administration 
account in the Unemployment Trust Fund, 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, 1995, except that funds used for automation 
acquisitions shall be available for obligation by States through 
September 30, 1997; and of which $144,763,000 together with not to 
exceed $817,224,000 of the amount which may be expended from said trust 
fund shall be available for obligation for the period July 1, 1995, 
through June 30, 1996, to fund activities under the Act of June 6, 
1933, as amended, including the cost of penalty mail made available to 
States in lieu of allotments for such purpose, and of which 
$232,437,000 shall be available only to the extent necessary for 
additional State allocations to administer unemployment 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 1995 is projected by the Department of Labor to exceed 
2.772 million, an additional $27,800,000 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 
Employment Security Administration Account of the Unemployment Trust 
Fund: Provided further, That funds appropriated in this Act and in 
Public Law 103-112 which are used to establish a national one-stop 
career center network may be obligated in contracts, grants or 
agreements with non-State entities.

        advances to the unemployment trust fund and other funds

    For repayable advances to the Unemployment 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(c)(1) of the Internal Revenue Code of 1954, as amended; and for 
nonrepayable advances to the Unemployment Trust Fund as authorized by 
section 8509 of title 5, United States Code, and section 104(d) of 
Public Law 102-164, and section 5 of Public Law 103-6, and to the 
``Federal unemployment benefits and allowances'' account, to remain 
available until September 30, 1996, $686,000,000.
    In addition, for making repayable advances to the Black Lung 
Disability Trust Fund in the current fiscal year after September 15, 
1995, for costs incurred by the Black Lung Disability Trust Fund in the 
current fiscal year, such sums as may be necessary.

                    Office of the American Workplace

                         salaries and expenses

    For necessary expenses for the Office of the American Workplace, 
$30,411,000.

              Pension and Welfare Benefits Administration

                         salaries and expenses

    For necessary expenses for Pension and Welfare Benefits 
Administration, $66,388,000.

                  Pension Benefit Guaranty Corporation

               pension benefit guaranty corporation fund

    The Pension Benefit Guaranty 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 year limitations as 
provided by section 104 of the Government Corporation Control Act, as 
amended (31 U.S.C. 9104), as may be necessary in carrying out the 
program through September 30, 1995, for such Corporation: Provided, 
That not to exceed $11,493,000 shall be available for administrative 
expenses of the Corporation: Provided further, That expenses of such 
Corporation in connection with the termination of pension plans, for 
the acquisition, protection or management, and 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 Employment Standards Administration, 
including reimbursement to State, Federal, and local agencies and their 
employees for inspection services rendered, $242,860,000, together with 
$1,059,000 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 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 
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): 
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 payment 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 head 
``Civilian War Benefits'' in the Federal Security Agency Appropriation 
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 per centum of the additional compensation and 
benefits required by section 10(h) of the Longshore and Harbor Workers' 
Compensation Act, as amended, $258,000,000 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 such sums 
as are necessary may be used for a demonstration project under section 
8104 of title 5, United States Code, in which the Secretary may 
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 reimbursements unobligated on 
September 30, 1994, shall remain available until expended for the 
payment of compensation, benefits, and expenses: Provided further, That 
in addition there shall be transferred 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, 1995: 
Provided further, That of those funds transferred to this account from 
the fair share entities to pay the cost of administration, $5,299,000 
shall be made available to the Secretary of Labor for expenditures 
relating to capital improvements in support of Federal Employees' 
Compensation 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 Subchapter 5, U.S.C., Chapter 81, 
or under Subchapter 33, U.S.C. 901, et seq. (the Longshore and Harbor 
Workers' Compensation Act, as amended), 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 payments from the Black Lung Disability Trust Fund, 
$994,864,000, of which $943,005,000 shall be available until September 
30, 1996, for payment of all benefits as authorized by section 9501(d) 
(1), (2), (4), and (7), of the Internal Revenue Code of 1954, as 
amended, and interest on advances as authorized by section 9501(c)(2) 
of that Act, and of which $28,216,000 shall be available for transfer 
to Employment Standards Administration, Salaries and Expenses, and 
$23,333,000 for transfer to Departmental Management, Salaries and 
Expenses, and $310,000 for transfer to Departmental Management, Office 
of Inspector General, for expenses of operation and administration of 
the Black Lung Benefits program as authorized by section 9501(d)(5)(A) 
of that Act: Provided, That in addition, such amounts as may be 
necessary may be charged to the subsequent year appropriation for the 
payment of compensation, interest, or other benefits for any period 
subsequent to June 15 of the current year: Provided further, That in 
addition such amounts shall be paid from this fund into miscellaneous 
receipts as the Secretary of the Treasury determines to be the 
administrative expenses of the Department of the Treasury for 
administering the fund during the current fiscal year, as authorized by 
section 9501(d)(5)(B) of that Act.

             Occupational Safety and Health Administration

                         salaries and expenses

    For necessary expenses for the Occupational Safety and Health 
Administration, $312,500,000, including not to exceed $70,615,000 which 
shall be the maximum amount available for grants to States under 
section 23(g) of the Occupational Safety and Health Act, which grants 
shall be no less than fifty 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, notwithstanding 31 U.S.C. 3302, the 
Occupational Safety and Health Administration may retain up to $500,000 
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 none of the funds appropriated under this paragraph shall be 
obligated or expended to prescribe, issue, administer, 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 Occupational 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 
        violations 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 take 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
            (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 shall 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

                         salaries and expenses

    For necessary expenses for the Mine Safety and Health 
Administration, $197,519,000, of which $5,851,000 shall be for the 
State Grants Program, 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 is authorized to accept 
lands, buildings, equipment, and other contributions from public and 
private sources and to prosecute projects in cooperation with other 
agencies, Federal, State, or private; the Mine Safety and 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, $296,761,000, of 
which $5,134,000 shall be for expenses of revising the Consumer Price 
Index and shall remain available until September 30, 1996, together 
with not to exceed $54,102,000, which may be expended from the 
Employment Security Administration account in the Unemployment Trust 
Fund.

                        Departmental Management

                         salaries and expenses

    For necessary expenses for Departmental Management, including the 
hire of five sedans, and including up to $4,392,000 for the President's 
Committee on Employment of People With Disabilities, $156,002,000, 
which includes $6,500,000 which shall remain available until expended 
for use by appropriate Departmental agencies for ADP equipment 
acquisition, systems development and associated support related to 
Departmental enforcement programs; together with not to exceed 
$328,000, which may be expended from the Employment Security 
Administration account in the Unemployment Trust Fund.

        assistant secretary for veterans employment and training

    Not to exceed $185,281,000 may be derived from the Employment 
Security Administration account in the Unemployment Trust Fund to carry 
out the provisions of 38 U.S.C. 2001-10 and 2021-26.

                      office of inspector general

    For salaries and expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $47,676,000, together with not to exceed $3,860,000, which may 
be expended from the Employment Security Administration account in the 
Unemployment Trust Fund.

                           GENERAL PROVISIONS

    Sec. 101. None of the funds in the Employees' Compensation Fund 
under 5 U.S.C. 8147 shall hereafter be expended for payment of 
compensation, benefits, and expenses to any 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 subchapters I or III of 
chapter 81 of title 5, United States Code.
    Sec. 102. 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.

                          (transfer of funds)

    Sec. 103. Not to exceed 1 percent of any appropriation made 
available for the current fiscal year for the Department of Labor in 
this Act may be transferred between such appropriations, but no such 
appropriation shall be increased by more than 3 percent by any such 
transfers: Provided, That any transfer pursuant to this section shall 
be treated as a reprogramming of funds under section 104 of this Act 
and shall not be available for obligation or expenditure except in 
compliance with the procedures set forth in that section.
    Sec. 104. (a) None of the funds provided under this Act to the 
Department of Labor shall be available for obligation or expenditure 
through a reprogramming of funds which: (1) creates new programs; (2) 
eliminates a program, project, or activity; (3) increases funds or 
personnel by any means for any project or activity for which funds have 
been denied or restricted; (4) relocates an office or employees; (5) 
reorganizes offices, programs, or activities; or (6) contracts out or 
privatizes any functions or activities presently performed by Federal 
employees; unless the Appropriations Committees of both Houses of 
Congress are notified fifteen days in advance of such reprogramming of 
funds.
    (b) None of the funds provided under this Act to the Department of 
Labor shall be available for obligation or expenditure for activities, 
programs, or projects through a reprogramming of funds in excess of 
$500,000 or 10 percent, whichever is less, that: (1) augments existing 
programs, projects, or activities; (2) reduces by 10 percent funding 
for any existing program, project, or activity, or numbers of personnel 
by 10 percent as approved by Congress; or (3) results from any general 
savings from a reduction in personnel which would result in a change in 
existing programs, activities, or projects as approved by Congress, 
unless the Appropriations Committees of both Houses of Congress are 
notified fifteen days in advance of such reprogramming of funds.
    This title may be cited as the ``Department of Labor Appropriations 
Act, 1995''.

           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, XVI, XIX, and 
XXVI of the Public Health Service Act, section 427(a) of the Federal 
Coal Mine Health and Safety Act, title V of the Social Security Act, 
the Health Care Quality Improvement Act of 1986, as amended, Public Law 
101-527, and the Native Hawaiian Health Care Act of 1988, as amended, 
$3,008,225,000, of which $411,000 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: 
Provided, That when the Department of Health and Human Services 
administers or operates an employee health program for any Federal 
department or agency, payment for the full estimated cost shall be made 
by way of reimbursement or in advance to this appropriation: Provided 
further, That of the funds made available under this heading, $933,000 
shall be available until expended for facilities renovations 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 sufficient to recover the full 
costs of operating the National Practitioner Data Bank, and shall 
remain available until expended to carry out that Act.

               medical facilities guarantee and loan fund

           federal interest subsidies for medical facilities

    For carrying out subsections (d) and (e) of section 1602 of the 
Public Health Service Act, $9,000,000, 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

    For the cost of guaranteed loans, such sums as may be necessary 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 modifying 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 $375,000,000. In addition, for administrative expenses to carry 
out the guaranteed loan program, $2,946,000.

             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.

                      vaccine injury compensation

    For payment of claims resolved by the United States Court of 
Federal Claims related to the administration of vaccines before October 
1, 1988, $110,000,000, to remain available until expended.

               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, and 203 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; including 
insurance of official motor vehicles in foreign countries; and hire, 
maintenance, and operation of aircraft, $2,086,850,000, of which 
$3,575,000 shall remain available until expended for equipment and 
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 for fiscal year 1995 and subsequent fiscal 
years training of private persons shall be made subject to 
reimbursement or advances to this appropriation for not in excess of 
the full cost of such training: Provided further, That funds 
appropriated under this heading for fiscal year 1995 and subsequent 
fiscal years shall be available for payment of the costs of medical 
care, related expenses, and burial expenses hereafter incurred by or on 
behalf of any person who had participated in the study of untreated 
syphilis initiated in Tuskegee, Alabama, in 1932, in such amounts and 
subject to such terms and conditions as prescribed by the Secretary of 
Health and Human Services and for payment, in such amounts and subject 
to such terms and conditions, of such costs and expenses hereafter 
incurred by or on behalf of such person's wife or offspring determined 
by the Secretary to have suffered injury or disease from syphilis 
contracted from such person: Provided further, That for fiscal year 
1995 and subsequent fiscal years amounts received by the National 
Center for Health Statistics from reimbursements and interagency 
agreements and the sale of data tapes may be credited to this 
appropriation and shall remain available until expended: Provided 
further, That in addition to amounts provided herein, up to $27,862,000 
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.

                     National Institutes of Health

                       national cancer institute

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to cancer, $1,919,419,000.

               national heart, lung, and blood institute

    For carrying out sections 301 and 1105 and title IV of the Public 
Health Service Act with respect to cardiovascular, lung, and blood 
diseases, and blood and blood products, $1,259,590,000.

                 national institute of dental research

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to dental disease, $162,832,000.

    national institute of diabetes and digestive and kidney diseases

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to diabetes and digestive and kidney diseases, 
$726,784,000.

        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, 
$626,801,000.

         national institute of allergy and infectious diseases

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to allergy and infectious diseases, 
$536,416,000.

             national institute of general medical sciences

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to general medical sciences, $877,113,000.

        national institute of child health and human development

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to child health and human development, 
$513,409,000.

                         national eye institute

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to eye diseases and visual disorders, 
$290,335,000.

          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, 
$266,400,000.

                      national institute on aging

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to aging, $431,198,000.

 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, $227,021,000.

    national institute on deafness and other communication disorders

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to deafness and other communication disorders, 
$166,155,000.

                 national institute of nursing research

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to nursing research, $47,971,000.

           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, $181,445,000.

                    national institute on drug abuse

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to drug abuse, $290,280,000.

                  national institute of mental health

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to mental health, $542,050,000.

                 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, $294,877,000: 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.

               national center for human genome research

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to human genome research, $152,010,000.

                  john e. fogarty international center

    For carrying out the activities at the John E. Fogarty 
International Center, $15,193,000.

                      national library of medicine

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to health information communications, 
$123,274,000.

                         office of the director

                     (including transfer of funds)

    For carrying out the responsibilities of the Office of the 
Director, National Institutes of Health, $219,474,000: 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 Act to all National Institutes of Health 
appropriations to activities the Director may so designate: Provided 
further, That no such appropriation shall be increased or decreased by 
more than 1 percent by any such transfers and that the Congress is 
promptly notified of the transfer.

                        office of aids research

                     (including transfer of funds)

    For carrying out part D of title XXIII of the Public Health Service 
Act, $1,337,606,000: Provided, That the Director of the Office of AIDS 
Research shall transfer from this appropriation the amounts necessary 
to carry out section 2353(d) of the Act.

                        buildings and facilities

    For the study of, construction of, and acquisition of equipment 
for, facilities of or used by the National Institutes of Health, 
including the acquisition of real property, $114,370,000, to remain 
available until expended.

       Substance Abuse and Mental Health Services Administration

               substance abuse and mental health services

    For carrying out the Public Health Service Act with respect to 
substance abuse and mental health services, section 612 of Public Law 
100-77, as amended, and the Protection and Advocacy for Mentally Ill 
Individuals Act of 1986, $2,166,148,000: Provided, That no portion of 
amounts appropriated for the programs of the Department of Health and 
Human Services shall be available for obligation pursuant to section 
571 of the Public Health Service Act, other than an amount of 
$3,750,000 from amounts appropriated to carry out section 510 of that 
Act.

                     Assistant Secretary for Health

              office of the assistant secretary for health

                     (including transfer of funds)

    For the expenses necessary for the Office of Assistant Secretary 
for Health and for carrying out titles III, XVII, XX and XXI of the 
Public Health Service Act, $70,261,000, and, in addition, amounts 
received from Freedom of Information Act fees and reimbursable and 
interagency agreements shall be credited to this appropriation and 
shall remain available until expended: Provided, That $2,000,000 of the 
amount appropriated in this paragraph shall be transferred to the Food 
and Drug Administration, Salaries and Expenses appropriation account.

     retirement pay and medical benefits for commissioned officers

    For retirement pay and medical benefits of Public Health Service 
Commissioned Officers as authorized by law, and for payments under the 
Retired Serviceman's Family Protection Plan and Survivor 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 Social 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 carrying out titles III and IX of the Public Health Service 
Act, and part A of title XI of the Social Security Act, $134,624,000, 
together with not to exceed $5,806,000 to be transferred from the 
Federal Hospital Insurance and the Federal Supplementary Medical 
Insurance Trust Funds, as authorized by sections 1142 and 201(g) of the 
Social Security Act; in addition, amounts received from Freedom of 
Information Act fees, reimbursable and interagency agreements, and the 
sale of data tapes shall 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 $13,202,000.

                  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 $62,637,775,000, to remain available until 
expended.
    For making, after May 31, 1995, payments to States under title XIX 
of the Social Security Act for the last quarter of fiscal year 1995 for 
unanticipated costs, incurred for the current fiscal year, such sums as 
may be necessary.
    For making payments to States under title XIX of the Social 
Security Act for the first quarter of fiscal year 1996, 
$27,047,717,000, 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.

                  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, $37,546,758,000.

                           program management

    For carrying out, except as otherwise provided, titles XI, XVIII, 
and XIX of the Social Security Act, and title XIII of the Public Health 
Service Act, the Clinical Laboratory Improvement Amendments of 1988, 
section 4360 of Public Law 101-508, and section 4005(e) of Public Law 
100-203, not to exceed $2,183,985,000, together with all funds 
collected in accordance with section 353 of the Public Health Service 
Act, the latter funds to remain available until expended; the 
$2,183,985,000 to be transferred to this appropriation as authorized by 
section 201(g) of the Social Security Act, from the Federal Hospital 
Insurance and the Federal Supplementary Medical Insurance Trust Funds: 
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 are to be credited to this appropriation.

      health maintenance organization loan and loan guarantee fund

    For carrying out subsections (d) and (e) of section 1308 of the 
Public Health Service Act, $15,000,000 together with any amounts 
received by the Secretary 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 1995, no commitments for direct loans 
or loan guarantees shall be made.

                     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, $25,094,000.

               special benefits for disabled coal miners

    For carrying out title IV of the Federal Mine Safety and Health Act 
of 1977, $527,874,000, 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 payments under title IV of the Federal Mine 
Safety and Health Act of 1977 for the first quarter of fiscal year 
1996, $180,000,000, 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 Security Act, 
$21,237,101,000, to remain available until expended: Provided, That any 
portion of the funds provided to a State in the current fiscal year and 
not obligated by the State during that year shall be returned to the 
Treasury.
    For making, after June 15 of the current fiscal year, benefit 
payments to individuals under title XVI of the Social Security Act, for 
unanticipated costs incurred for the current fiscal year, such sums as 
may be necessary.
    For carrying out title XVI of the Social Security Act for the first 
quarter of fiscal year 1996, $7,060,000,000, to remain available until 
expended.

                 limitation on administrative expenses

    For necessary expenses, not more than $5,159,785,000 may be 
expended, as authorized by section 201(g)(1) of the Social Security Act 
or as necessary to carry out sections 9704 and 9706 of the Internal 
Revenue Code of 1986 as such sections were in effect on January 1, 
1993, from any one or all of the trust funds referred to therein: 
Provided, 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.
    In addition to funding already available under this heading, and 
subject to the same terms and conditions, $320,000,000, for disability 
caseload processing.
    In addition to funding already available under this heading, and 
subject to the same terms and conditions, $130,000,000, which shall 
remain available until expended, to invest in a state-of-the-art 
computing network, including related equipment and administrative 
expenses associated solely with this network, for the Social 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.

                Administration for Children and Families

                   family support payments to states

    For making payments to States or other non-Federal entities, except 
as otherwise provided, 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), $12,761,788,000, to remain 
available until expended.
    For making, after May 31 of the current fiscal year, payments to 
States or other non-Federal entities under titles I, IV-A and D, X, XI, 
XIV, and XVI of the Social Security Act, 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-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 1996, $4,400,000,000, to 
remain available until expended.

                   job opportunities and basic skills

    For carrying out aid to families with dependent children work 
programs, as authorized by part F of title IV of the Social Security 
Act, $1,300,000,000.

                   low income home energy assistance

                         (including rescission)

    Of the funds made available beginning on October 1, 1994 under this 
heading in Public Law 103-112, $250,000,000 are hereby rescinded.
    The funds remaining after said rescission shall be available for 
obligation through September 30, 1995.
    For making payments under title XXVI of the Omnibus Budget 
Reconciliation Act of 1981, $1,225,000,000, to be available for 
obligation in the period October 1, 1995 through September 30, 1996.
    For making payments under title XXVI of the Omnibus Budget 
Reconciliation Act of 1981, an additional $600,000,000: Provided, That 
all of the 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.

                     refugee and entrant assistance

    For making payments for refugee and entrant assistance activities 
authorized by title IV of the Immigration and Nationality Act and 
section 501 of the Refugee Education Assistance Act of 1980 (Public Law 
96-422), $399,779,000: Provided, That funds appropriated pursuant to 
section 414(a) of the Immigration and Nationality Act under Public Law 
102-394 for fiscal year 1993 shall be available for the costs of 
assistance provided and other activities conducted in such year and in 
fiscal years 1994 and 1995.

                     community services block grant

    For making payments under the Community Services Block Grant Act, 
section 408 of Public Law 99-425, and the Stewart B. McKinney Homeless 
Assistance Act, $465,714,000.

                 child care and development block grant

    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), $934,656,000, which shall be available for obligation 
under the same statutory terms and conditions applicable in the prior 
fiscal year.

                      social services block grant

    For making grants to States pursuant to section 2002 of the Social 
Security Act, $2,800,000,000.

                children and families services programs

    For carrying out, except as otherwise provided, the Runaway and 
Homeless Youth Act, the Developmental Disabilities Assistance and Bill 
of Rights Act, the State Dependent Care Development Grants Act, the 
Head Start Act, the Child Development Associate Scholarship Assistance 
Act of 1985, the Child Abuse Prevention and Treatment Act, chapters 1 
and 2 of subtitle B of title III of the Anti-Drug Abuse Act of 1988, 
the Family Violence Prevention and Services Act, the Native American 
Programs Act of 1974, title II of Public Law 95-266 (adoption 
opportunities), the Temporary Child Care for Children with Disabilities 
and Crisis Nurseries Act of 1986, the Abandoned Infants Assistance Act 
of 1988, subtitle F of title VII of the Stewart B. McKinney Homeless 
Assistance Act, and part B of title IV and section 1110 of the Social 
Security 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, section 204 of the Immigration 
Reform and Control Act of 1986, title IV of the Immigration and 
Nationality Act, section 501 of the Refugee Education Assistance Act of 
1980, Public Law 100-77, and section 126 and titles IV and V of Public 
Law 100-485, $4,408,775,000.

                    family preservation and support

    For carrying out section 430 of the Social Security Act, 
$150,000,000.

       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, $3,440,871,000.

                        Administration on Aging

                        aging services programs

    For carrying out, to the extent not otherwise provided, the Older 
Americans Act of 1965, as amended, and section 10404 of Public Law 101-
239 (volunteer senior aides demonstration), $869,823,000.

                        Office of the Secretary

                    general departmental management

    For necessary expenses, not otherwise provided, for general 
departmental management, including hire of six medium sedans, 
$89,500,000, together with $31,008,000, to be transferred and expended 
as authorized by section 201(g)(1) of the Social Security Act from any 
one or all of the trust funds referred to therein.

                      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, $63,585,000, together with not to exceed $37,060,000, to be 
transferred and expended as authorized by section 201(g)(1) of the 
Social Security Act from any one or all of the trust funds referred to 
therein.

                        office for civil rights

    For expenses necessary for the Office for Civil Rights, $18,409,000 
together with not to exceed $3,874,000, to be transferred and expended 
as authorized by section 201(g)(1) of the Social Security Act from any 
one or all of the trust funds referred to therein.

                            policy research

    For carrying out, to the extent not otherwise provided, research 
studies under section 1110 of the Social Security Act, $14,632,000.

                           GENERAL PROVISIONS

    Sec. 201. Funds appropriated in this title shall be available for 
not to exceed $37,000 for official reception and representation 
expenses when specifically approved by the Secretary.
    Sec. 202. The Secretary shall make available through assignment not 
more than 60 employees of the Public Health Service to assist in child 
survival activities and to work in AIDS programs through and with funds 
provided by the Agency for International Development, the United 
Nations International Children's Emergency Fund or the World Health 
Organization.
    Sec. 203. None of the funds appropriated under this Act may be used 
to implement section 399L(b) of the Public Health Service Act or 
section 1911(d) and section 1503 of the National Institutes of Health 
Revitalization Act of 1993, Public Law 103-43.
    Sec. 204. None of the funds made available by this Act may be used 
to require States as a condition of receiving funding under the Child 
Abuse Prevention and Treatment Act to restrict, condition, or otherwise 
qualify a State's authority to determine (i) whether and under what 
circumstances a parent's decision to provide non-medical health care 
for a child may constitute negligent treatment or maltreatment, and 
(ii) the circumstances under which it is appropriate to order medical 
treatment for a child who is receiving non-medical health care.
    Sec. 205. (a) Of the budgetary resources available to the 
Department of Health and Human Services (excluding the Food and Drug 
Administration and the Indian Health Service) during fiscal year 1995, 
$37,125,000 are permanently canceled.
    (b) The Secretary of Health and Human Services shall allocate the 
amount of budgetary resources canceled among the Department's accounts 
(excluding the Food and Drug Administration and the Indian Health 
Service) available for procurement and procurement-related expenses. 
Amounts available for procurement and procurement-related expenses in 
each such account shall be reduced by the amount allocated to such 
account.
    (c) For the purposes of this section, the definition of 
``procurement'' includes all stages of the process of acquiring 
property or services, beginning with the process of determining a need 
for a product or services and ending with contract completion and 
closeout, as specified in 41 U.S.C. 403(2).
    This title may be cited as the ``Department of Health and Human 
Services Appropriations Act, 1995''.

                   TITLE III--DEPARTMENT OF EDUCATION

                            education reform

    For carrying out activities authorized by titles II and III of the 
Goals 2000: Educate America Act and titles II, III, and IV of the 
School-to-Work Opportunities Act, $528,400,000 of which $503,670,000 
shall become available on July 1, 1995, and remain available through 
September 30, 1996.

                    education for the disadvantaged

    For carrying out the activities authorized by title I of the 
Elementary and Secondary Education Act of 1965, as amended by the 
Improving America's Schools Act as passed the House of Representatives 
on March 24, 1994, and by section 418A of the Higher Education Act, 
$7,245,655,000, of which $7,212,093,000 shall become available on July 
1, 1995 and shall remain available through September 30, 1996: 
Provided, That $6,698,356,000 shall be available for grants to local 
education agencies, $41,434,000 shall be available for capital 
expenses, $102,024,000 shall be available for the Even Start program, 
$305,475,000 shall be available for title I migrant education 
activities, $37,244,000 shall be available for title I delinquent and 
high-risk youth education activities, $27,560,000 shall be for program 
improvement activities, $15,000,000 shall be for demonstration grants, 
and $8,270,000 shall be for evaluation.

                               impact aid

    For carrying out programs of financial assistance to federally 
affected schools authorized by the Improving America's Schools Act as 
passed the House of Representatives on March 24, 1994, $728,000,000 of 
which $40,000,000, to remain available until expended, shall be for 
payments for heavily impacted districts under section 8004(f).

                      school improvement programs

    For carrying out school improvement activities authorized by titles 
II, III, IV, and V of the Elementary and Secondary Education Act of 
1965, as amended by the Improving America's Schools Act as passed the 
House of Representatives on March 24, 1994; the Stewart B. McKinney 
Homeless Assistance Act; the Civil Rights Act of 1964; and title V of 
the Higher Education Act; $1,424,513,000, of which $1,158,695,000 shall 
become available on July 1, 1995, and remain available through 
September 30, 1996: Provided, That $5,899,000 shall be for law related 
education under section 3702.

                   bilingual and immigrant education

    For carrying out, to the extent not otherwise provided, bilingual 
and immigrant education activities authorized by title VII of the 
Elementary and Secondary Education Act as amended by the Improving 
America's Schools Act, as passed the House of Representatives on March 
24, 1994 and by title IV of the Carl D. Perkins Vocational and Applied 
Technology Education Act, $247,572,000, of which $25,180,000 shall be 
for training activities under part C, and $50,000,000 shall be for the 
immigrant education program.

                           special education

    For carrying out the Individuals with Disabilities Education Act, 
$3,106,634,000, of which $2,858,973,000 shall become available for 
obligation on July 1, 1995, and shall remain available through 
September 30, 1996.

            rehabilitation services and disability research

    For carrying out, to the extent not otherwise provided, the 
Rehabilitation Act of 1973, the Technology-Related Assistance for 
Individuals with Disabilities Act, and the Helen Keller National Center 
Act, as amended, $2,355,600,000.

           Special Institutions for Persons With Disabilities

                 american printing house for the blind

    For carrying out the Act of March 3, 1879, as amended (20 U.S.C. 
101 et seq.), $6,406,000.

               national technical institute for the deaf

    For the National Technical Institute for the Deaf under titles I 
and II of the Education of the Deaf Act of 1986 (20 U.S.C. 4301 et 
seq.), $41,462,000, of which $333,000 for the endowment program as 
authorized under section 207 and not to exceed $192,000 for 
construction shall remain available until expended.

                          gallaudet university

    For the Kendall Demonstration Elementary School, the Model 
Secondary School for the Deaf, and the partial support of Gallaudet 
University under titles I and II of the Education of the Deaf Act of 
1986 (20 U.S.C. 4301 et seq.), $76,742,000, of which $991,000 shall be 
for the endowment program as authorized under section 207 and shall be 
available until expended.

                     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 Stewart B. McKinney Homeless Assistance Act, 
$1,456,383,000, of which $1,453,464,000 shall become available on July 
1, 1995 and shall remain available through September 30, 1996: 
Provided, That of the amounts made available under the Carl D. Perkins 
Vocational and Applied Technology Education Act, $400,000 of the amount 
available for Tech-Prep shall be for evaluation of the program and 
$25,767,000 shall be for national programs under title IV, including 
$7,851,000 for research, of which $6,000,000 shall be for the National 
Center for Research on Vocational Education; $13,000,000 for 
demonstrations, notwithstanding section 411(b); and $4,916,000 for data 
systems: Provided further, That of the amounts made available under the 
Adult Education Act, $5,400,000 shall be for national programs under 
sections 382 and 383, and $4,869,000 shall be for the National 
Institute for Literacy under section 384.

                      student financial assistance

    For carrying out subparts 1, 3, and 4 of part A, and parts C, E, 
and H of title IV of the Higher Education Act of 1965, as amended, 
including, notwithstanding section 401(a)(1), not to exceed 3,930,000 
Pell Grant recipients in award year 1994-1995, $7,825,417,000, which 
shall remain available through September 30, 1996, and of which 
$54,322,000 shall be for State Student Incentive Grants under subpart 4 
of part A.
    The maximum Pell Grant for which a student shall be eligible during 
award year 1995-1996 shall be $2,340: Provided, That notwithstanding 
section 401(g) of the Act, as amended, if the Secretary determines, 
prior to publication of the payment schedule for award year 1995-1996, 
that the $6,247,180,000 included within this appropriation for Pell 
Grant awards for award year 1995-1996, and any funds available from the 
FY 1994 appropriation for Pell Grant awards, are insufficient to 
satisfy fully all such awards for which students are eligible, as 
calculated under section 401(b) of the Act, the amount paid for each 
such award shall be reduced by either a fixed or variable percentage, 
or by a fixed dollar amount, as determined in accordance with a 
schedule of reductions established by the Secretary for this purpose.

             federal family education loan program account

    For Federal administrative expenses to carry out guaranteed student 
loans authorized by title IV, part B, of the Higher Education Act, as 
amended, $62,191,000.

                            higher education

    For carrying out, to the extent not otherwise provided, titles I, 
II, without regard to section 241(d), III, IV, including chapter 2 of 
subpart 2 of part A, V, VI, VII, IX, part A, and subpart 1 of part B of 
title X, XI, without regard to section 1151, and XV of the Higher 
Education Act of 1965, as amended; the Mutual Educational and Cultural 
Exchange Act of 1961; title VI of the Excellence in Mathematics, 
Science and Engineering Education Act of 1990; and Public Law 102-423; 
$954,686,000, of which $8,248,000 for endowment activities under 
section 331 of part C of title III and $17,512,000 for interest 
subsidies under title VII of the Higher Education Act, as amended, and 
$4,000,000 for Public Law 102-423 shall remain available until 
expended, and $1,500,000 of the amount provided herein for title III 
shall be available for an evaluation of the title III programs.

                           howard university

    For partial support of Howard University (20 U.S.C. 121 et seq.), 
$206,463,000, of which $7,910,000, to remain available until expended, 
shall be for a matching endowment grant to be administered in 
accordance with the Howard University Endowment Act (Public Law 98-480) 
and $6,000,000, to remain available until expended, shall be for 
construction.

                   higher education facilities loans

    The Secretary is hereby authorized to make such expenditures, 
within the limits of funds available under this heading and in accord 
with law, and to make such contracts and commitments without regard to 
fiscal year limitation, as provided by section 104 of the Government 
Corporation Control Act (31 U.S.C. 9104), as may be necessary in 
carrying out the program for the current fiscal year.

         college housing and academic facilities loans program

    For the costs of direct loans, as authorized by title VII, part C, 
of the Higher Education Act, as amended, $134,000: Provided, That such 
costs, including costs of modifying such loans, shall be as defined in 
section 502 of the Congressional Budget Act of 1974 and that these 
funds are available to subsidize gross obligations for the principal 
amount of direct loans of not to exceed $8,000,000: Provided further, 
That obligated balances of these appropriations will remain available 
until expended, notwithstanding the provisions of 31 U.S.C. 1552(a), as 
amended by Public Law 101-510. In addition, for administrative expenses 
to carry out the existing direct loan program of college housing and 
academic facilities loans entered into pursuant to title VII, part C, 
of the Higher Education Act, as amended, $1,022,000.

                         college housing loans

    Pursuant to title VII, part C of the Higher Education Act, as 
amended, for necessary expenses of the college housing loans program, 
previously carried out under title IV of the Housing Act of 1950, the 
Secretary shall make expenditures and enter into contracts without 
regard to fiscal year limitation using loan repayments and other 
resources available to this account. Any unobligated balances becoming 
available from fixed fees paid into this account pursuant to 12 U.S.C. 
1749d, relating to payment of costs for inspections and site visits, 
shall be available for the operating expenses of this account.

 historically black college and university capital financing, program 
                                account

    The total amount of bonds insured pursuant to section 724 of title 
VII, part B of the Higher Education Act shall not exceed $357,000,000, 
and the cost, as defined in section 502 of the Congressional Budget Act 
of 1974, of such bonds shall not exceed zero.
    For administrative expenses to carry out the Historically Black 
College and University Capital Financing Program entered into pursuant 
to title VII, part B of the Higher Education Act, as amended, $347,000.

            education research, statistics, and improvement

    For carrying out activities authorized by the Educational Research, 
Development, Dissemination, and Improvement Act; the Elementary and 
Secondary Education Act of 1965 and the Education Council Act, as 
amended by the Improving America's Schools Act as passed the House of 
Representatives on March 24, 1994; the National Education Statistics 
Act of 1994 as passed the House of Representatives on March 24, 1994; 
and the General Education Provisions Act, $318,775,000: Provided, That 
$39,320,000 shall be for regional laboratories, including rural 
initiatives; $4,463,000 shall be for civics education activities; 
$14,480,000 shall be for the National Diffusion Network; $34,424,000 
shall be for Eisenhower professional development Federal activities; 
and $20,000,000 shall be for Federal leadership activities in education 
technology.

                               libraries

    For carrying out, to the extent not otherwise provided, titles I, 
III, IV, and VI of the Library Services and Construction Act (20 U.S.C. 
ch. 16), and section 222 of the Higher Education Act, $114,996,000.

                        Departmental Management

                         program administration

    For carrying out, to the extent not otherwise provided, the 
Department of Education Organization Act, including rental of 
conference rooms in the District of Columbia and hire of two passenger 
motor vehicles, $359,358,000.

                        office for civil rights

    For expenses necessary for the Office for Civil Rights, as 
authorized by section 203 of the Department of Education Organization 
Act, $58,325,000.

                    office of the inspector general

    For expenses necessary for the Office of the Inspector General, as 
authorized by section 212 of the Department of Education Organization 
Act, $29,199,000.

                           GENERAL PROVISIONS

    Sec. 301. No part of the funds contained in this title may be used 
to force any school or school district which is desegregated as that 
term is defined in title IV of the Civil Rights Act of 1964, Public Law 
88-352, to take any action to force the busing of students; to force on 
account of race, creed or color the abolishment of any school so 
desegregated; or to force the transfer or assignment of any student 
attending any elementary or secondary school so desegregated to or from 
a particular school over the protest of his or her parents or parent.
    Sec. 302. (a) No part of the funds contained in this title shall be 
used to force any school or school district which is desegregated as 
that term is defined in title IV of the Civil Rights Act of 1964, 
Public Law 88-352, to take any action to force the busing of students; 
to require the abolishment of any school so desegregated; or to force 
on account of race, creed or color the transfer of students to or from 
a particular school so desegregated as a condition precedent to 
obtaining Federal funds otherwise available to any State, school 
district or school.
    (b) No funds appropriated in this Act may be used for the 
transportation of students or teachers (or for the purchase of 
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. 303. None of the funds contained in this Act shall be used to 
require, directly or indirectly, the transportation of any student to a 
school other than the school which is nearest the student's home, 
except for a student requiring special education, to the school 
offering such special education, in order to comply with title VI of 
the Civil Rights Act of 1964. For the purpose of this section an 
indirect requirement of transportation of students includes the 
transportation of students to carry out a plan involving the 
reorganization of the grade structure of schools, the pairing of 
schools, or the clustering of schools, or any combination of grade 
restructuring, pairing or clustering. The prohibition described in this 
section does not include the establishment of magnet schools.
    Sec. 304. No funds appropriated under this Act may be used to 
prevent the implementation of programs of voluntary prayer and 
meditation in the public schools.
    This title may be cited as the ``Department of Education 
Appropriations Act, 1995''.

                       TITLE IV--RELATED AGENCIES

                      Armed Forces Retirement Home

    For expenses necessary for the Armed Forces Retirement Home to 
operate and maintain the United States Soldiers' and Airmen's Home and 
the United States Naval Home, to be paid from funds available in the 
Armed Forces Retirement Home Trust Fund, $59,816,000, of which 
$2,906,000 shall remain available until expended for construction and 
renovation of the physical plants at the United States Soldiers' and 
Airmen's Home and the United States Naval Home: Provided, That this 
appropriation shall not be available for the payment of hospitalization 
of members of the Soldiers' and Airmen's Home in United States Army 
hospitals at rates in excess of those prescribed by the Secretary of 
the Army upon recommendation of the Board of Commissioners and the 
Surgeon General of the Army.

             Corporation for National and Community Service

        domestic volunteer service programs, operating expenses

    For expenses necessary for the Corporation for National and 
Community Service to carry out the provisions of the Domestic Volunteer 
Service Act of 1973, as amended, $205,771,000.

                  Corporation for Public Broadcasting

                              (rescission)

    Of the funds made available under this heading in Public Law 102-
394, $20,100,000 are hereby rescinded.

               Federal Mediation and Conciliation Service

                         salaries and expenses

    For expenses necessary for the Federal Mediation and Conciliation 
Service to carry out the functions vested in it by the Labor-Management 
Relations Act, 1947 (29 U.S.C. 171-180, 182-183), including hire of 
passenger motor vehicles; and for expenses necessary for the Labor-
Management Cooperation Act of 1978 (29 U.S.C. 175a); and for expenses 
necessary for the Service to carry out the functions vested in it by 
the Civil Service Reform Act, Public Law 95-454 (5 U.S.C. chapter 71), 
$31,078,000.

            Federal Mine Safety and Health Review Commission

                         salaries and expenses

    For expenses necessary for the Federal Mine Safety and Health 
Review Commission (30 U.S.C. 801 et seq.), $6,200,000.

        National Commission on Libraries and Information Science

                         salaries and expenses

    For necessary expenses for the National Commission on Libraries and 
Information Science, established by the Act of July 20, 1970 (Public 
Law 91-345, as amended by Public Law 102-95), $901,000.

                     National Council on Disability

                         salaries and expenses

    For expenses necessary for the National Council on Disability as 
authorized by title IV of the Rehabilitation Act of 1973, as amended, 
$1,643,000.

                     National Labor Relations Board

                         salaries and expenses

    For expenses necessary for the National Labor Relations Board to 
carry out the functions vested in it by the Labor-Management Relations 
Act, 1947, as amended (29 U.S.C. 141-167), and other laws, 
$173,388,000: 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, directives, or orders 
concerning bargaining units composed of agricultural laborers as 
referred to in section 2(3) of the Act of July 5, 1935 (29 U.S.C. 152), 
and as amended by the Labor-Management Relations Act, 1947, as amended, 
and as defined in section 3(f) of the Act of June 25, 1938 (29 U.S.C. 
203), and including in said definition employees engaged in the 
maintenance and operation of ditches, canals, reservoirs, and waterways 
when maintained or operated on a mutual, nonprofit basis and at least 
95 per centum of the water stored or supplied thereby is used for 
farming purposes.

                        National Mediation Board

                         salaries and expenses

    For expenses necessary to carry out the provisions of the Railway 
Labor Act, as amended (45 U.S.C. 151-188), including emergency boards 
appointed by the President, $8,119,000.

            Occupational Safety and Health Review Commission

                         salaries and expenses

    For expenses necessary for the Occupational Safety and Health 
Review Commission (29 U.S.C. 661), $7,595,000.

                  Physician Payment Review Commission

                         salaries and expenses

    For expenses necessary to carry out section 1845(a) of the Social 
Security Act, $4,176,000 to be transferred to this appropriation from 
the Federal Supplementary Medical Insurance Trust Fund.

               Prospective Payment Assessment Commission

                         salaries and expenses

    For expenses necessary to carry out section 1886(e) of the Social 
Security Act, $4,667,000 to be transferred to this appropriation from 
the Federal Hospital Insurance and the Federal Supplementary Medical 
Insurance Trust Funds.

                       Railroad Retirement Board

                     dual benefits payments account

    For payment to the Dual Benefits Payments Account, authorized under 
section 15(d) of the Railroad Retirement Act of 1974, $261,000,000, 
which shall include amounts becoming available in fiscal year 1995 
pursuant to section 224(c)(1)(B) of Public Law 98-76; and in addition, 
an amount, not to exceed 2 percent of the amount provided herein, shall 
be available proportional to the amount by which the product of 
recipients and the average benefit received exceeds $261,000,000: 
Provided, That the total amount provided herein shall be credited in 12 
approximately equal amounts on the first day of each month in the 
fiscal year.

          federal payments to the railroad retirement accounts

    For payment to the accounts established in the Treasury for the 
payment of benefits under the Railroad Retirement Act for interest 
earned on unnegotiated checks, $300,000, to remain available through 
September 30, 1996, which shall be the maximum amount available for 
payment pursuant to section 417 of Public Law 98-76.

                      limitation on administration

    For necessary expenses for the Railroad Retirement Board, 
$73,881,000, to be derived from the railroad retirement accounts: 
Provided, That $200,000 of the foregoing amount shall be available only 
to the extent necessary to process workloads not anticipated in the 
budget estimates and after maximum absorption of the costs of such 
workloads within the remainder of the existing limitation has been 
achieved.

   limitation on railroad unemployment insurance administration fund

    For further expenses necessary for the Railroad Retirement Board, 
for administration of the Railroad Unemployment Insurance Act, not less 
than $17,031,000 shall be apportioned for fiscal year 1995 from moneys 
credited to the railroad unemployment insurance administration fund.

                  special management improvement fund

    To effect management improvements, including the reduction of 
backlogs, accuracy of taxation accounting, and debt collection, 
$1,640,000, to be derived from the railroad retirement accounts and 
railroad unemployment insurance account: Provided, That these funds 
shall supplement, not supplant, existing resources devoted to such 
operations and improvements.

             limitation on the office of inspector general

    For expenses necessary for the Office of Inspector General for 
audit, investigatory and review activities, as authorized by the 
Inspector General Act of 1978, as amended, not more than $6,682,000, to 
be derived from the railroad retirement accounts and railroad 
unemployment insurance account.

                    United States Institute of Peace

                           operating expenses

    For necessary expenses of the United States Institute of Peace as 
authorized in the United States Institute of Peace Act, $10,912,000.

                      TITLE V--GENERAL PROVISIONS

    Sec. 501. No part of the funds appropriated under this Act shall be 
used to provide a loan, guarantee of a loan, a grant, the salary of or 
any remuneration whatever to any individual applying for admission, 
attending, employed by, teaching at, or doing research at an 
institution of higher education who has engaged in conduct on or after 
August 1, 1969, which involves the use of (or the assistance to others 
in the use of) force or the threat of force or the seizure of property 
under the control of an institution of higher education, to require or 
prevent the availability of certain curricula, or to prevent the 
faculty, administrative officials, or students in such institution from 
engaging in their duties or pursuing their studies at such institution.

    Sec. 502. The Secretaries of Labor, Health and Human Services, and 
Education are authorized to transfer unexpended balances of prior 
appropriations to accounts corresponding to current appropriations 
provided in this Act: Provided, That such transferred balances are used 
for the same purpose, and for the same periods of time, for which they 
were originally appropriated.
    Sec. 503. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 504. (a) No part of any appropriation contained in this Act 
shall be used, other than for normal and recognized executive-
legislative relationships, for publicity or propaganda purposes, for 
the preparation, distribution, or use of any kit, pamphlet, booklet, 
publication, radio, television, or film presentation designed to 
support or defeat legislation pending before the Congress, except in 
presentation to the Congress itself.
    (b) No part of any appropriation contained in this Act shall be 
used to pay the salary or expenses of any grant or contract recipient, 
or agent acting for such recipient, related to any activity designed to 
influence legislation or appropriations pending before the Congress.
    Sec. 505. The Secretaries of Labor and Education are each 
authorized to make available not to exceed $15,000 from funds available 
for salaries and expenses under titles I and III, respectively, for 
official reception and representation expenses; the Director of the 
Federal Mediation and Conciliation Service is authorized to make 
available for official reception and representation expenses not to 
exceed $2,500 from the funds available for ``Salaries and expenses, 
Federal Mediation and Conciliation Service''; and the Chairman of the 
National Mediation Board is authorized to make available for official 
reception and representation expenses not to exceed $2,500 from funds 
available for ``Salaries and expenses, National Mediation Board''.
    Sec. 506. Notwithstanding any other provision of this Act, no funds 
appropriated under this Act shall be used to carry out any program of 
distributing sterile needles for the hypodermic injection of any 
illegal drug unless the Surgeon General of the United States determines 
that such programs are effective in preventing the spread of HIV and do 
not encourage the use of illegal drugs, except that such funds may be 
used for such purposes in furtherance of demonstrations or studies 
authorized in the ADAMHA Reorganization Act (Public Law 102-321).
    Sec. 507. No funds appropriated pursuant to this Act may be 
expended by an entity unless the entity agrees that in expending the 
assistance the entity will comply with sections 2 through 4 of the Act 
of March 3, 1933 (41 U.S.C. 10a-10c, popularly known as the ``Buy 
American Act'').
    Sec. 508. When issuing statements, press releases, requests for 
proposals, bid solicitations and other documents describing projects or 
programs funded in whole or in part with Federal money, all grantees 
receiving Federal funds, including but not limited to State and local 
governments and recipients of Federal research grants, shall clearly 
state (1) the percentage of the total costs of the program or project 
which will be financed with Federal money, (2) the dollar amount of 
Federal funds for the project or program, and (3) percentage and dollar 
amount of the total costs of the project or program that will be 
financed by nongovernmental sources.
    Sec. 509. None of the funds appropriated under this Act shall be 
expended for any abortion except when it is made known to the Federal 
entity or official to which funds are appropriated under this Act that 
such procedure is necessary to save the life of the mother or that the 
pregnancy is the result of an act of rape or incest.
    Sec. 510. No funds appropriated herein shall be used to implement 
any regulation promulgated under section 481(b)(6) of the Higher 
Education Act of 1965, as amended, prior to July 1, 1995.
    Sec. 511. None of the funds appropriated or otherwise made 
available under this Act may be obligated in violation of existing 
Federal law or regulation already prohibiting such benefit or 
assistance.
    This Act may be cited as the ``Departments of Labor, Health and 
Human Services, and Education, and Related Agencies Appropriations Act, 
1995''.
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                                                 Union Calendar No. 307

103d CONGRESS

  2d Session

                               H. R. 4606

                          [Report No. 103-553]

_______________________________________________________________________

                                 A BILL

 Making appropriations for the Departments of Labor, Health and Human 
  Services, and Education, and related agencies, for the fiscal year 
           ending September 30, 1995, and for other purposes.

_______________________________________________________________________

                             June 21, 1994

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed