[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2127 Reported in House (RH)]

                                                 Union Calendar No. 108
104th CONGRESS
  1st Session
                                H. R. 2127

                          [Report No. 104-209]

 Making appropriations for the Departments of Labor, Health and Human 
  Services, and Education, and related agencies, for the fiscal year 
           ending September 30, 1996, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 27, 1995

    Mr. Porter, 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, 1996, 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, 1996, and for other purposes, namely:

                      TITLE I--DEPARTMENT OF LABOR

                 Employment and Training Administration

                    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; the Women in Apprenticeship 
and Nontraditional Occupations Act; National Skill Standards Act of 
1994; and the School-to-Work Opportunities Act; $3,180,441,000 plus 
reimbursements, of which $2,936,154,000 is available for obligation for 
the period July 1, 1996 through June 30, 1997; of which $148,535,000 is 
available for the period July 1, 1996 through June 30, 1999 for 
necessary expenses of construction, rehabilitation, and acquisition of 
Job Corps centers; and of which $95,000,000 shall be available from 
July 1, 1996 through September 30, 1997, for carrying out activities of 
the School-to-Work Opportunities Act: Provided, That $50,000,000 shall 
be for carrying out section 401 of the Job Training Partnership Act, 
$65,000,000 shall be for carrying out section 402 of such Act, 
$7,300,000 shall be for carrying out section 441 of such Act, 
$830,000,000 shall be for carrying out title II, part A of such Act, 
and $126,672,000 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 title V of the Older Americans Act of 1965, as 
amended, $350,000,000.

              federal unemployment benefits and allowances

    For payments during the current fiscal year 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, $346,100,000, 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 section 221(a) of the Immigration Act of 1990, $125,328,000, 
together with not to exceed $3,109,368,000 (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 $2,000,000 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, 1996, except that funds used for automation acquisitions shall be 
available for obligation by States through September 30, 1998; and of 
which $125,328,000, together with not to exceed $738,283,000 of the 
amount which may be expended from said trust fund shall be available 
for obligation for the period July 1, 1996, through June 30, 1997, 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 $218,297,000 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 1996 is projected by the Department 
of Labor to exceed 2.785 million, an additional $28,600,000 shall be 
available for obligation for every 100,000 increase in the AWIU level 
(including a pro rata amount for any increment less than 100,000) from 
the Employment Security Administration Account of the Unemployment 
Trust Fund: Provided further, That funds appropriated in this Act which 
are used to establish a national one-stop career center network may be 
obligated in contracts, grants or agreements with non-State entities: 
Provided further, That funds appropriated under this Act for activities 
authorized under the Wagner-Peyser Act, as amended, and title III of 
the Social Security Act, may be used by the States to fund integrated 
Employment Service and Unemployment Insurance automation efforts, 
notwithstanding cost allocation principles prescribed under Office of 
Management and Budget Circular A-87.

        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, 1997, $369,000,000.
    In addition, for making repayable advances to the Black Lung 
Disability Trust Fund in the current fiscal year after September 15, 
1996, for costs incurred by the Black Lung Disability Trust Fund in the 
current fiscal year, such sums as may be necessary.

                         program administration

    For expenses of administering employment and training programs and 
for carrying out section 908 of the Social Security Act, $83,505,000, 
together with not to exceed $40,974,000, which may be expended from the 
Employment Security Administration account in the Unemployment Trust 
Fund.

              Pension and Welfare Benefits Administration

                         salaries and expenses

    For necessary expenses for Pension and Welfare Benefits 
Administration, $64,113,000.

                  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, 1996, for such Corporation: Provided, 
That not to exceed $10,603,000 shall be available for administrative 
expenses of the Corporation: Provided further, That expenses of such 
Corporation in connection with the collection of premiums, 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, $246,967,000, together with 
$978,000 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, $218,000,000 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 under section 8104 of title 5, United 
States Code, by the Secretary to reimburse an employer, who is not the 
employer at the time of injury, for portions of the salary of a 
reemployed, disabled beneficiary: Provided further, That balances of 
reimbursements unobligated on September 30, 1995, 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, 1996: Provided further, That of those funds 
transferred to this account from the fair share entities to pay the 
cost of administration, $11,383,000 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, 
$995,447,000, of which $949,494,000 shall be available until September 
30, 1997, 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 $26,045,000 shall be available for transfer 
to Employment Standards Administration, Salaries and Expenses, and 
$19,621,000 for transfer to Departmental Management, Salaries and 
Expenses, and $287,000 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 August 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, $263,985,000 including not to exceed $65,319,000 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, $185,154,000, including purchase and bestowal of 
certificates and trophies in connection with mine rescue and first-aid 
work, and the hire of passenger motor vehicles; the Secretary 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, $296,993,000, of 
which $11,549,000 shall be for expenses of revising the Consumer Price 
Index and shall remain available until September 30, 1997, together 
with not to exceed $50,220,000, 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 three sedans, and including up to $4,056,000 for the 
President's Committee on Employment of People With Disabilities, 
$130,220,000; together with not to exceed $303,000, which may be 
expended from the Employment Security Administration account in the 
Unemployment Trust Fund.

                          working capital fund

    The language under this heading in Public Law 85-67, as amended, is 
further amended by adding the following before the last period: ``: 
Provided further, That within the Working Capital Fund, there is 
established an Investment in Reinvention Fund (IRF), which shall be 
available to invest in projects of the Department designed to produce 
measurable improvements in agency efficiency and significant taxpayer 
savings. Notwithstanding any other provision of law, the Secretary of 
Labor may retain up to $3,900,000 of the unobligated balances in the 
Department's annual Salaries and Expenses accounts as of September 30, 
1995, and transfer those amounts to the IRF to provide the initial 
capital for the IRF, to remain available until expended, to make loans 
to agencies of the Department for projects designed to enhance 
productivity and generate cost savings. Such loans shall be repaid to 
the IRF no later than September 30 of the fiscal year following the 
fiscal year in which the project is completed. Such repayments shall be 
deposited in the IRF, to be available without further appropriation 
action.''

        assistant secretary for veterans employment and training

    Not to exceed $175,883,000 may be derived from the Employment 
Security Administration account in the Unemployment Trust Fund to carry 
out the provisions of 38 U.S.C. 4100-4110A and 4321-4327, and Public 
Law 103-353, and which shall be available for obligation by the States 
through December 31, 1996.

                      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, $44,426,000, together with not to exceed $3,615,000, which may 
be expended from the Employment Security Administration account in the 
Unemployment Trust Fund.

                           GENERAL PROVISIONS

    Sec. 101. None of the funds appropriated in this title for the Job 
Corps shall be used to pay the compensation of an individual, either as 
direct costs or any proration as an indirect cost, at a rate in excess 
of $125,000.
    Sec. 102. Section 427(c) of the Job Training Partnership Act, as 
amended, is repealed.
    Sec. 103. No amount of funds appropriated in this Act for fiscal 
year 1996 may be used to implement, administer, or enforce any 
executive order, or other rule or order, that prohibits Federal 
contracts with, or requires the debarment of, or imposes other sanction 
on, a contractor on the basis that such contractor or organizational 
unit thereof has permanently replaced lawfully striking workers.
    Sec. 104. None of the funds made available in this Act to the 
Department of Labor or the Pension Benefit Guaranty Corporation may be 
used--
            (1) to implement or administer Interpretive Bulletin 94-1, 
        issued by the Secretary of Labor on June 23, 1994 (59 Fed. Reg. 
        32606; 29 C.F.R. 2509.94-1),
            (2) to establish or maintain, or to contract with (or 
        otherwise provide assistance to) any other party to establish 
        or maintain, any clearinghouse, database, or other listing 
        which--
                    (A) makes available to employee benefit plans (as 
                defined in section 3(3) of the Employee Retirement 
                Income Security Act of 1974) information relating to 
                the status of investments as economically targeted 
                investments referred to in such Interpretive Bulletin,
                    (B) provides assistance to employee benefit plans 
                (as so defined) or any other party to develop or 
                evaluate investments as economically targeted 
                investments referred to in such Interpretive Bulletin, 
                or
                    (C) identifies investments with respect to which 
                the Department or the Corporation will withhold from 
                undertaking enforcement actions under such Act by 
                reason of their status as economically targeted 
                investments referred to in such Interpretive Bulletin,
            (3) to administer or otherwise carry out the contract 
        entered into by the Department of Labor designated ``Contract 
        No. J-9-P-4-0060'' or any other similar contract entered into 
        by the Department or the Corporation (except to the extent 
        required by applicable law to provide for the immediate 
        termination of such contract), or
            (4) to promote economically targeted investments referred 
        to in such Interpretive Bulletin, either by direct means, such 
        as lecture or travel, or by indirect means.
    Sec. 105. None of the funds made available in this Act may be used 
by the Occupational Safety and Health Administration directly or 
through section 23(g) of the Occupational Safety and Health Act for the 
development, promulgation or issuance of any proposed or final standard 
or guideline regarding ergonomic protection or recording and reporting 
occupational injuries and illnesses directly related thereto.
    Sec. 106. Notwithstanding any other provision of law, no funds 
shall be expended by the Occupational Safety and Health Administration 
for the enforcement of the Fall Protection Standard published at 
subpart M of 29 CFR part 1926, until 30 days after a new standard has 
been promulgated by the Secretary of Labor (``the Secretary'').
    The Secretary shall develop this standard no later than 180 days 
after the enactment of this Act. Until the publishing of the revised 
final rule, the Occupational Safety and Health Administration may only 
expend funds designated for the enforcement of an interim fall 
protection standard which adjusts all height requirements referenced at 
subpart M of 29 CFR part 1926 from 6 feet to 16 feet.
    Sec. 107. None of the funds appropriated in this Act may be 
obligated or expended by the Department of Labor for the purposes of 
enforcement and the issuance of fines under Hazardous Occupation Order 
Number 12 (HO 12) with respect to the placement or loading of materials 
by a person under 18 years of age into a cardboard baler that is in 
compliance with the American National Standards Institute safety 
standard ANSI Z245.5 1990, and a compactor that is in compliance with 
the American National Standards Institute safety standard ANSI Z245.2 
1992.
    Sec. 108. None of the funds appropriated in this Act may be 
obligated or expended by the Department of Labor for the purposes of 
enforcement and the issuance of fines under Hazardous Occupation Order 
Number 2 (HO 2) with respect to incidental and occasional driving by 
minors under age 18, unless the Secretary finds that the operation of a 
motor vehicle is the primary duty of the minor's employment.
    This title may be cited as the ``Department of Labor Appropriations 
Act, 1996''.

           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, XIX, and XXVI of the 
Public Health Service Act, title V of the Social Security Act, and the 
Health Care Quality Improvement Act of 1986, as amended, 
$2,927,122,000, 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 the Division of Federal Occupational Health may utilize 
personal services contracting to employ professional management/
administrative, and occupational health professionals: 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, $8,000,000, 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 $210,000,000. In addition, for administrative expenses to carry 
out the guaranteed loan program, $2,703,000.

             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 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, $2,085,831,000, of which $4,353,000 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 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.
    In addition, $39,100,000, to be derived from the Violent Crime 
Reduction Trust Fund, for carrying out sections 40151, 40261, and 40293 
of Public Law 103-322.

                     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, $2,251,084,000.

               national heart, lung, and blood institute

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to cardiovascular, lung, and blood diseases, 
and blood and blood products, $1,355,866,000.

                 national institute of dental research

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to dental disease, $183,196,000.

    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, 
$771,252,000.

        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, 
$681,534,000.

         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, 
$1,169,628,000.

             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, $946,971,000.

        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, 
$595,162,000.

                         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, 
$314,185,000.

          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, 
$288,898,000.

                      national institute on aging

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to aging, $453,917,000.

 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, $241,828,000.

    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, 
$176,502,000.

                 national institute of nursing research

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to nursing research, $55,831,000.

           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, $198,607,000.

                    national institute on drug abuse

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to drug abuse, $458,441,000.

                  national institute of mental health

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to mental health, $661,328,000.

                 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, $390,339,000: 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.

               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, $170,041,000.

                  john e. fogarty international center

    For carrying out the activities at the John E. Fogarty 
International Center, $25,313,000.

                      national library of medicine

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to health information communications, 
$141,439,000, of which $4,000,000 shall be available until expended for 
improvement of information systems: Provided, That in fiscal year 1996, 
the Library may enter into personal services contracts for the 
provision of services in facilities owned, operated, or constructed 
under the jurisdiction of the National Institutes of Health.

                         office of the director

                     (including transfer of funds)

    For carrying out the responsibilities of the Office of the 
Director, National Institutes of Health, $261,488,000: 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.

                        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, $146,151,000, to remain 
available until expended.

       Substance Abuse and Mental Health Services Administration

               substance abuse and mental health services

    For carrying out titles V and XIX of the Public Health Service Act 
with respect to substance abuse and mental health services, the 
Protection and Advocacy for Mentally Ill Individuals Act of 1986, and 
section 301 of the Public Health Service Act with respect to program 
management, $1,788,946,000.

     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, $85,423,000, 
together with not to exceed $5,796,000 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 $34,284,000.

                  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, $55,094,355,000, to remain available until 
expended.
    For making, after May 31, 1996, payments to States under title XIX 
of the Social Security Act for the last quarter of fiscal year 1996 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 1997, 
$26,155,350,000, 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, $63,313,000,000.

                           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, 
and section 4005(e) of Public Law 100-203, not to exceed 
$2,136,824,000, 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 $2,136,824,000, 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, 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 1996, no commitments for direct loans or loan guarantees shall be 
made.

                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), $13,614,307,000, 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 1997, $4,800,000,000, 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, $1,000,000,000.

                   low income home energy assistance

                              (rescission)

    Of the funds made available beginning on October 1, 1995 under this 
heading in Public Law 103-333, $1,000,000,000 are hereby rescinded.

                     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), $411,781,000: Provided, That funds appropriated pursuant to 
section 414(a) of the Immigration and Nationality Act under Public Law 
103-112 for fiscal year 1994 shall be available for the costs of 
assistance provided and other activities conducted in such year and in 
fiscal years 1995 and 1996.

                 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), $934,642,000, 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 Head Start Act, the Child Abuse Prevention and 
Treatment Act, 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, and part B(1) of title IV of the Social 
Security Act; for making payments under the Community Services Block 
Grant Act; and for necessary administrative expenses to carry out said 
Acts and titles I, IV, X, XI, XIV, XVI, and XX of the Social Security 
Act, the Act of July 5, 1960 (24 U.S.C. ch. 9), the Omnibus Budget 
Reconciliation Act of 1981, title IV of the Immigration and Nationality 
Act, section 501 of the Refugee Education Assistance Act of 1980, and 
section 126 and titles IV and V of Public Law 100-485, $4,543,343,000.
    In addition, $800,000, to be derived from the Violent Crime 
Reduction Trust Fund, for carrying out sections 40211 and 40251 of 
Public Law 103-322.

                    family preservation and support

    For carrying out section 430 of the Social Security Act, 
$225,000,000.

       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, $4,307,842,000.

                        Administration on Aging

                        aging services programs

    For carrying out, to the extent not otherwise provided, the Older 
Americans Act of 1965, as amended, $778,246,000.

                        Office of the Secretary

                    general departmental management

    For necessary expenses, not otherwise provided, for general 
departmental management, including hire of six medium sedans, and for 
carrying out titles III and XX of the Public Health Service Act, 
$116,826,000, together with $6,813,000, to be transferred and expended 
as authorized by section 201(g)(1) of the Social Security Act from the 
Hospital Insurance Trust Fund and the Supplemental Medical Insurance 
Trust Fund.

                      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, $56,333,000, together with not to exceed $17,623,000, to be 
transferred and expended as authorized by section 201(g)(1) of the 
Social Security Act from the Hospital Insurance Trust Fund and the 
Supplemental Medical Insurance Trust Fund.

                        office for civil rights

    For expenses necessary for the Office for Civil Rights, 
$10,249,000, together with not to exceed $3,251,000, to be transferred 
and expended as authorized by section 201(g)(1) of the Social Security 
Act from the Hospital Insurance Trust Fund and the Supplemental Medical 
Insurance Trust Fund.

                            policy research

    For carrying out, to the extent not otherwise provided, research 
studies under section 1110 of the Social Security Act, $9,000,000.

                           GENERAL PROVISIONS

    Sec. 201. Funds appropriated in this title shall be available for 
not to exceed $37,000 for official reception and representation 
expenses when specifically approved by the Secretary.
    Sec. 202. The Secretary shall make available through assignment not 
more than 60 employees of the Public Health Service to assist in child 
survival activities and to work in AIDS programs through and with funds 
provided by the Agency for International Development, the United 
Nations International Children's Emergency Fund or the World Health 
Organization.
    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 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 withhold payment to any State under the Child Abuse Prevention and 
Treatment Act by reason of a determination that the State is not in 
compliance with section 1340.2(d)(2)(ii) of title 45 of the Code of 
Federal Regulations. This provision expires upon the date of enactment 
of the reauthorization of the Child Abuse Prevention and Treatment Act 
or upon September 30, 1996, whichever occurs first.
    Sec. 205. None of the funds appropriated in this title for the 
National Institutes of Health and the Substance Abuse and Mental Health 
Services Administration shall be used to pay the salary of an 
individual, through a grant or other extramural mechanism, at a rate in 
excess of $125,000 per year.
    Sec. 206. Taps and other assessments made by any office located in 
the Department of Health and Human Services shall be treated as a 
reprogramming of funds except that this provision shall not apply to 
assessments required by authorizing legislation, or related to working 
capital funds or other fee-for-service activities.

                          (transfer of funds)

    Sec. 207. Of the funds appropriated or otherwise made available for 
the Department of Health and Human Services, General Departmental 
Management, for fiscal year 1996, the Secretary of Health and Human 
Services shall transfer to the Office of the Inspector General such 
sums as may be necessary for any expenses with respect to the provision 
of security protection for the Secretary of Health and Human Services.
    Sec. 208. None of the funds appropriated in this Act may be 
obligated or expended for the Federal Council on Aging under the Older 
Americans Act or the Advisory Board on Child Abuse and Neglect under 
the Child Abuse Prevention and Treatment Act.
    Sec. 209. None of the funds appropriated in this or any other Act 
may be obligated or expended for the position of Surgeon General of the 
Public Health Service.
    This title may be cited as the ``Department of Health and Human 
Services Appropriations Act, 1996''.

                   TITLE III--DEPARTMENT OF EDUCATION

                            education reform

    For carrying out activities authorized by titles II and III of the 
School-to-Work Opportunities Act, $95,000,000, which shall become 
available on July 1, 1996, and remain available through September 30, 
1997.

                    education for the disadvantaged

    For carrying out title I of the Elementary and Secondary Education 
Act of 1965, $6,014,499,000, which shall become available on July 1, 
1996 and shall remain available through September 30, 1997: Provided, 
That up to $3,500,000 of these funds shall be available to the 
Secretary on October 1, 1995 to obtain updated local-educational-
agency-level census poverty data from the Bureau of the Census: 
Provided further, That no funds shall be reserved under section 1003(a) 
of said Act.

                               impact aid

    For carrying out programs of financial assistance to federally 
affected schools authorized by title VIII of the Elementary and 
Secondary Education Act of 1965, $645,000,000, of which $550,000,000 
shall be for basic support payments under section 8003(b), $40,000,000 
shall be for payments for children with disabilities under section 
8003(d), $50,000,000, to remain available until expended, shall be for 
payments under section 8003(f), and $5,000,000 shall be for 
construction under section 8007: Provided, That notwithstanding the 
provisions of section 8003(a)(2), children described in section 
8003(a)(1)(D) shall have a weight of zero for the purpose of computing 
basic support payments under section 8003(b) and construction payments 
under section 8007: Provided further, That no payments shall be made 
under section 8003(d) or 8003(g) for children described in section 
8003(a)(1)(D): Provided further, That none of the funds provided shall 
be used for payments under section 8003(e).

                      school improvement programs

    For carrying out school improvement activities authorized by titles 
II, IV-A-1, V-A, VI, and X of the Elementary and Secondary Education 
Act of 1965 and the Stewart B. McKinney Homeless Assistance Act; 
$842,000,000, of which $723,000,000 shall become available on July 1, 
1996, and remain available through September 30, 1997.

                   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, $103,000,000: Provided, That 
State educational agencies may use all, or any part of, their part C 
allocation for competitive grants to local educational agencies: 
Provided further, That the Department of Education should only support 
instructional programs which ensure that students completely master 
English in a timely fashion (a period of three to five years) while 
meeting rigorous achievement standards in the academic content areas: 
Provided further, That no funds shall be available for subpart 3 of 
part A.

                           special education

    For carrying out parts B, C, D, F, and H of the Individuals with 
Disabilities Education Act, $3,092,491,000, of which $3,000,000,000 
shall become available for obligation on July 1, 1996, and shall remain 
available through September 30, 1997.

            rehabilitation services and disability research

    For carrying out, to the extent not otherwise provided, the 
Rehabilitation Act of 1973, the Technology-Related Assistance for 
Individuals with Disabilities Act, and the Helen Keller National Center 
Act, as amended, $2,455,760,000.

           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.), $4,000,000.

               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.), $39,737,000: Provided, That from the amount available, the 
Institute may at its discretion use funds for the endowment program as 
authorized under section 207.

                          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.), $72,028,000: Provided, That from the 
amount available, the University may at its discretion use funds for 
the endowment program as authorized under section 207.

                     vocational and adult education

    For carrying out, to the extent not otherwise provided, the Carl D. 
Perkins Vocational and Applied Technology Education Act, the Adult 
Education Act, and the National Literacy Act of 1991, $1,057,919,000, 
of which $1,055,000,000 shall become available on July 1, 1996 and 
shall remain available through September 30, 1997: Provided, That of 
the amounts made available under the Carl D. Perkins Vocational and 
Applied Technology Education Act, $1,000,000 shall be for national 
programs under title IV without regard to section 451.

                      student financial assistance

    For carrying out subparts 1 and 3 of part A, part C, and part E of 
title IV of the Higher Education Act of 1965, as amended, 
$6,916,915,000, which shall remain available through September 30, 
1997.
    The maximum Pell Grant for which a student shall be eligible during 
award year 1996-1997 shall be $2,440: Provided, That notwithstanding 
section 401(g) of the Act, as amended, if the Secretary determines, 
prior to publication of the payment schedule for award year 1996-1997, 
that the $5,697,000,000 included within this appropriation for Pell 
Grant awards for award year 1996-1997, and any funds available from the 
fiscal year 1995 appropriation for Pell Grant awards, are insufficient 
to satisfy fully all such awards for which students are eligible, as 
calculated under section 401(b) of the Act, the amount paid for each 
such award shall be reduced by either a fixed or variable percentage, 
or by a fixed dollar amount, as determined in accordance with a 
schedule of reductions established by the Secretary for this purpose: 
Provided further, That no Pell grant shall be awarded to any student 
during award year 1996-1997 if the amount of that grant as determined 
under section 401(b) of the Act is less than $600.

             federal family education loan program account

    For Federal administrative expenses to carry out guaranteed student 
loans authorized by title IV, part B, of the Higher Education Act, as 
amended, $30,066,000.

                            higher education

    For carrying out, to the extent not otherwise provided, parts A and 
B of title III, without regard to section 360(a)(1)(B)(ii), chapter 1 
of subpart 2 of part A of title IV, subpart 2 of part E of title V, 
parts A and B of title VI, title VII, part D of title IX, and part A 
and subpart 1 of part B of title X of the Higher Education Act of 1965, 
as amended, and the Mutual Educational and Cultural Exchange Act of 
1961; $757,700,000, of which $16,712,000 for interest subsidies under 
title VII of the Higher Education Act, as amended, shall remain 
available until expended.

                           howard university

    For partial support of Howard University (20 U.S.C. 121 et seq.), 
$170,366,000.

                   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 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, 
$700,000.

                         college housing loans

    Pursuant to title VII, part C of the Higher Education Act, as 
amended, for necessary expenses of the college housing loans program, 
previously carried out under title IV of the Housing Act of 1950, the 
Secretary shall make expenditures and enter into contracts without 
regard to fiscal year limitation using loan repayments and other 
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, $166,000.

            education research, statistics, and improvement

    For carrying out activities authorized by the Educational Research, 
Development, Dissemination, and Improvement Act; the National Education 
Statistics Act; part A of title III, parts A and B and section 10601 of 
title X of the Elementary and Secondary Education Act of 1965, as 
amended, $255,107,000: Provided, That $3,000,000 shall be for section 
10601 of the Elementary and Secondary Education Act: Provided further, 
That $25,000,000 shall be for section 3136 of the Elementary and 
Secondary Education Act (K-12 technology learning challenge): Provided 
further, That none of the funds appropriated in this paragraph may be 
obligated or expended for the Goals 2000 Community Partnerships 
Program.

                               libraries

    For carrying out, to the extent not otherwise provided, titles I 
and III of the Library Services and Construction Act, $101,227,000.

                        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, $327,319,000.

                        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, $53,951,000.

                    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, $28,154,000.

                           GENERAL PROVISIONS

    Sec. 301. No funds appropriated in this Act may be used for the 
transportation of students or teachers (or for the purchase of 
equipment for such transportation) in order to overcome racial 
imbalance in any school or school system, or for the transportation of 
students or teachers (or for the purchase of equipment for such 
transportation) in order to carry out a plan of racial desegregation of 
any school or school system.
    Sec. 302. None of the funds contained in this Act shall be used to 
require, directly or indirectly, the transportation of any student to a 
school other than the school which is nearest the student's home, 
except for a student requiring special education, to the school 
offering such special education, in order to comply with title VI of 
the Civil Rights Act of 1964. For the purpose of this section an 
indirect requirement of transportation of students includes the 
transportation of students to 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. 303. No funds appropriated under this Act may be used to 
prevent the implementation of programs of voluntary prayer and 
meditation in the public schools.
    Sec. 304. No funds appropriated under this Act shall be made 
available for opportunity to learn standards or strategies.
    Sec. 305. Notwithstanding any other provision of law, funds 
available for section 458 of the Higher Education Act shall not exceed 
$320,000,000 for fiscal year 1996, of which $160,000,000 shall be 
available for the payment of administrative cost allowances to guaranty 
agencies. The Department of Education shall, within 30 days of 
enactment, develop a plan for the payment of administrative cost 
allowances which shall be submitted to the Chairs of the House 
Committee on Economic and Educational Opportunities and the Senate 
Committee on Labor and Human Resources. Notwithstanding section 458 of 
the Higher Education Act, the Secretary may not use funds available 
under that section for subsequent fiscal years for administrative 
expenses of the William D. Ford Direct Loan Program during fiscal year 
1996, nor may the Secretary require the return of guaranty agency 
reserve funds during fiscal year 1996.
    No funds available to the Secretary may be used for (1) marketing, 
advertising or promotion of the William D. Ford Direct Loan Program, or 
for the hiring of advertising agencies or other third parties to 
provide advertising services, or (2) payment of administrative fees 
relating to the William D. Ford Direct Loan Program to institutions of 
higher education.
    None of the funds provided by this Act may be used to hire staff at 
the Department of Education if such hiring would increase on-board 
employment at the Department as of the date of enactment of this Act.
    None of the funds provided by this Act may be used to conduct an 
evaluation of the William D. Ford Direct Loan Program except as 
administered by the Advisory Committee on Student Financial Assistance.
    None of the funds provided by this Act may be used by the 
Department of Education to implement new Individual Procurement 
Agreements (IPAs).
    Sec. 306. None of the funds appropriated in this Act may be 
obligated or expended to carry out sections 727, 932, and 1002 of the 
Higher Education Act of 1965, section 621(b) of Public Law 101-589, the 
President's Advisory Commission on Educational Excellence for Hispanic 
Americans, and the President's Board of Advisors on Historically Black 
Colleges and Universities.
    Sec. 307. Section 444(b)(1)(E) of the General Education Provisions 
Act (20 U.S.C. 1232g(b)(1)(E)) is amended to read as follows:
            ``(E) State and local officials or authorities to whom such 
        information is specifically--
                    ``(i) required to be reported or disclosed pursuant 
                to State statute adopted before November 19, 1974;
                    ``(ii) allowed to be reported or disclosed pursuant 
                to State statute adopted before November 19, 1974, if 
                the allowed reporting or disclosure concerns the 
                juvenile justice system and such system's ability to 
                effectively serve the student whose records are 
                released, or
                    ``(iii) allowed to be reported or disclosed 
                pursuant to State statute adopted after November 19, 
                1974, if--
                            ``(I) the allowed reporting or disclosure 
                        concerns the juvenile justice system and such 
                        system's ability to effectively serve, prior to 
                        adjudication, the student whose records are 
                        released; and
                            ``(II) the officials and authorities to 
                        whom such information is disclosed certify in 
                        writing to the educational agency or 
                        institution that the information will not be 
                        disclosed to any other party except as provided 
                        under State law without the prior written 
                        consent of the parent of the student;''.
    Sec. 308. None of the funds made available in this Act may be used 
by the Office of Civil Rights of the Department of Education after 
December 31, 1995, to enforce title IX of the Education Amendments of 
1972 (20 U.S.C. 1681 et seq.) with respect to gender equity in 
intercollegiate athletic programs, except when it is made known to the 
Office that the Department has issued updated policy guidance to 
institutions of higher education which includes objective criteria 
clarifying how such institutions can demonstrate a history and 
continuing practice of program expansion for members of the 
underrepresented sex and full and effective accommodation of the 
interests and abilities of the underrepresented sex.
    This title may be cited as the ``Department of Education 
Appropriations Act, 1996''.

                       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, $58,186,000, of which 
$2,051,000 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, $168,974,000.

                  Corporation for Public Broadcasting

    For payment to the Corporation for Public Broadcasting, as 
authorized by the Communications Act of 1934, without regard to section 
396(k)(3)(B)(iii), an amount which shall be available within 
limitations specified by that Act, for the fiscal year 1998, 
$240,000,000: Provided, That all funds appropriated herein shall be 
made available only if authorized: Provided further, That no funds made 
available to the Corporation for Public Broadcasting by this Act shall 
be used to pay for receptions, parties, or similar forms of 
entertainment for Government officials or employees: Provided further, 
That none of the funds contained in this paragraph shall be available 
or used to aid or support any program or activity from which any person 
is excluded, or is denied benefits, or is discriminated against, on the 
basis of race, color, national origin, religion, or sex: Provided 
further, That for any fiscal year, the Secretary of the Treasury shall, 
notwithstanding section 396(k)(2)(B) of the Communications Act of 1934, 
make funds available to the Corporation for Public Broadcasting in 
accordance with the payment methods required under Office of Management 
and Budget Circular A-110 to minimize the time between the transfer of 
funds from the Federal Treasury and the outlay or expenditure of such 
funds by the Corporation.

               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), 
$31,896,000.

            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.), $6,467,000.

        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), $450,000.

                     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, 
$1,397,000.

                     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, 
$123,233,000: 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: Provided further, That notwithstanding any other 
provisions of law, no part of this appropriation may be used by the 
National Labor Relations Board for the investigation or prosecution of 
alleged unfair labor practice charges under section 8 of the National 
Labor Relations Act, where such charges are based, in whole or in part, 
on an employer's taking any adverse action, including refusal to hire, 
discipline, or discharge, against an individual(s) who is an employee 
or agent or is otherwise working under the control and supervision of a 
labor organization, until such time as the United States Supreme Court 
has held that such individual(s) are or are not protected under section 
8 of the National Labor Relations Act: Provided further, That no part 
of this appropriation may be used by the National Labor Relations Board 
to petition a United States district court for temporary relief or a 
restraining order as described under section 10(j) of the National 
Labor Relations Act unless there is a reasonable likelihood of success 
on the merits of the complaint that an unfair labor practice has 
occurred, there is a possibility of irreparable harm if such relief is 
not granted, a balancing of hardships favors injunctive relief, and 
harm to the public interest stemming from injunctive relief is 
tolerable in light of the benefits achieved by such relief: Provided 
further, That no part of this appropriation shall be available for the 
exercise of the National Labor Relations Board's authority under 
section 10(j) of the National Labor Relations Act (29 U.S.C. 160(j)) 
unless four-fifths of the Board's members have voted to exercise such 
authority, where five Board members are voting: Provided further, That 
no part of this appropriation shall be available for the exercise of 
the National Labor Relations Board's authority under section 10(j) of 
the National Labor Relations Act (29 U.S.C. 160(j)) unless before 
determining that an action for injunctive relief is warranted the Board 
allows a named party to an injunction an opportunity to review and 
respond to the General Counsel's memorandum of recommendations and to 
present oral evidence.

                        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, $8,000,000.

            Occupational Safety and Health Review Commission

                         salaries and expenses

    For expenses necessary for the Occupational Safety and Health 
Review Commission (29 U.S.C. 661), $8,200,000.

                  Physician Payment Review Commission

                         salaries and expenses

    For expenses necessary to carry out section 1845(a) of the Social 
Security Act, $2,923,000, to be transferred to this appropriation from 
the Federal Supplementary Medical Insurance Trust Fund.

               Prospective Payment Assessment Commission

                         salaries and expenses

    For expenses necessary to carry out section 1886(e) of the Social 
Security Act, $3,267,000, to be transferred to this appropriation from 
the Federal Hospital Insurance and the Federal Supplementary Medical 
Insurance Trust Funds.

                     Social Security Administration

                payments to social security trust funds

    For payment to the Federal Old-Age and Survivors Insurance and the 
Federal Disability Insurance trust funds, as provided under sections 
201(m), 228(g), and 1131(b)(2) of the Social Security Act, $22,641,000.
    In addition, to reimburse these trust funds for administrative 
expenses to carry out sections 9704 and 9706 of the Internal Revenue 
Code of 1986, $10,000,000, to remain available until expended.

               special benefits for disabled coal miners

    For carrying out title IV of the Federal Mine Safety and Health Act 
of 1977, $485,396,000, to remain 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 
1997, $170,000,000, 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, 
$18,753,834,000, 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 1997, $9,260,000,000, to remain available until 
expended.

                 limitation on administrative expenses

    For necessary expenses, including the hire of two medium size 
passenger motor vehicles, and not to exceed $10,000 for official 
reception and representation expenses, not more than $5,275,268,000 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 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, 1997.
    In addition to funding already available under this heading, and 
subject to the same terms and conditions, $407,000,000, for disability 
caseload processing.
    In addition to funding already available under this heading, and 
subject to the same terms and conditions, $228,000,000, which shall 
remain available until 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.

                      office of inspector general

    For expenses necessary for the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $4,816,000, together with not to exceed $21,076,000, to be 
transferred and expended as authorized by section 201(g)(1) of the 
Social Security Act from the Federal Old-Age and Survivors Insurance 
Trust Fund and the Federal Disability Insurance Trust Fund.

                       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, $239,000,000, 
which shall include amounts becoming available in fiscal year 1996 
pursuant to section 224(c)(1)(B) of Public Law 98-76; and in 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 $239,000,000: 
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, 1997, 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 in 
administering the Railroad Retirement Act and the Railroad Unemployment 
Insurance Act, $90,912,000, to be derived as authorized by section 
15(h) of the Railroad Retirement Act and section 10(a) of the Railroad 
Unemployment Insurance Act, from the accounts referred to in those 
sections.

                  special management improvement fund

    To effect management improvements, including the reduction of 
backlogs, accuracy of taxation accounting, and debt collection, 
$659,000, to be derived from the 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 $5,100,000, 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, $6,500,000.

                      TITLE V--GENERAL PROVISIONS

    Sec. 501. The Secretaries of Labor, Health and Human Services, and 
Education are authorized to transfer unexpended balances of prior 
appropriations to accounts corresponding to current appropriations 
provided in this Act: Provided, That such transferred balances are used 
for the same purpose, and for the same periods of time, for which they 
were originally appropriated.
    Sec. 502. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 503. (a) No part of any appropriation contained in this Act 
shall be used, other than for normal and 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. 504. The Secretaries of Labor and Education are each 
authorized to make available not to exceed $15,000 from funds available 
for salaries and expenses under titles I and III, respectively, for 
official reception and representation expenses; the Director of the 
Federal Mediation and Conciliation Service is authorized to make 
available for official reception and representation expenses not to 
exceed $2,500 from the funds available for ``Salaries and expenses, 
Federal Mediation and Conciliation Service''; and the Chairman of the 
National Mediation Board is authorized to make available for official 
reception and representation expenses not to exceed $2,500 from funds 
available for ``Salaries and expenses, National Mediation Board''.
    Sec. 505. Notwithstanding any other provision of this Act, no funds 
appropriated under this Act shall be used to carry out any program of 
distributing sterile needles for the hypodermic injection of any 
illegal drug unless the Secretary of Health and Human Services 
determines that such programs are effective in preventing the spread of 
HIV and do not encourage the use of illegal drugs.
    Sec. 506. (a) Purchase of American-Made Equipment and Products.--It 
is the sense of the Congress that, to the greatest extent practicable, 
all equipment and products purchased with funds made available in this 
Act should be American-made.
    (b) Notice Requirement.--In providing financial assistance to, or 
entering into any contract with, any entity using funds made available 
in this Act, the head of each Federal agency, to the greatest extent 
practicable, shall provide to such entity a notice describing the 
statement made in subsection (a) by the Congress.
    Sec. 507. 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. 508. None of the funds appropriated under this Act shall be 
expended for any abortion except when it is made known to the Federal 
entity or official to which funds are appropriated under this Act that 
such procedure is necessary to save the life of the mother or that the 
pregnancy is the result of an act of rape or incest.
    Sec. 509. Effective October 1, 1993, and applicable thereafter, and 
notwithstanding any other law, each State is and remains free not to 
fund abortions to the extent that the State in its sole discretion 
deems appropriate, except where the life of the mother would be 
endangered if the fetus were carried to term.
    Sec. 510. Notwithstanding any other provision of law--
            (1) no amount may be transferred from an appropriation 
        account for the Departments of Labor, Health and Human 
        Services, and Education except as authorized in this or any 
        subsequent appropriation act, or in the Act establishing the 
        program or activity for which funds are contained in this Act;
            (2) no department, agency, or other entity, other than the 
        one responsible for administering the program or activity for 
        which an appropriation is made in this Act, may exercise 
        authority for the timing of the obligation and expenditure of 
        such appropriation, or for the purposes for which it is 
        obligated and expended, except to the extent and in the manner 
        otherwise provided in sections 1512 and 1513 of title 31, 
        United States Code; and
            (3) no funds provided under this Act shall be available for 
        the salary (or any part thereof) of an employee who is 
        reassigned on a temporary detail basis to another position in 
        the employing agency or department or in any other agency or 
        department, unless the detail is independently approved by the 
        head of the employing department or agency.
    Sec. 511. None of the funds made available in this Act may be used 
for--
            (1) the creation of a human embryo or embryos for research 
        purposes; or
            (2) research in which a human embryo or embryos are 
        destroyed, discarded, or knowingly subjected to risk of injury 
        or death greater than that allowed for research on fetuses in 
        utero under 45 CFR 46.208(a)(2) and 42 U.S.C. 289g(b).
For purposes of this section, the phrase ``human embryo or embryos'' 
shall include any organism, not protected as a human subject under 45 
CFR 46 as of the date of enactment of this Act, that is derived by 
fertilization, parthenogenesis, cloning, or any other means from one or 
more human gametes.
    Sec. 512. None of the funds made available in this Act may be used 
to carry out any Federal program, or to provide financial assistance to 
any State, when it is made known to the Federal official having 
authority to obligate or expend such funds that--
            (1) such Federal program or State subject any health care 
        entity to discrimination on the basis that--
                    (A) the entity refuses to undergo training in the 
                performance of induced abortions, to provide such 
                training, to perform such abortions, or to provide 
                referrals for such abortions;
                    (B) the entity refuses to make arrangements for any 
                of the activities specified in subparagraph (A); or
                    (C) the entity attends (or attended) a post-
                graduate physician training program, or any other 
                program of training in the health professions, that 
                does not (or did not) require or provide training in 
                the performance of induced abortions, or make 
                arrangements for the provision of such training; or
            (2) in granting a legal status to a health care entity 
        (including a license or certificate), or in providing to the 
        entity financial assistance, a service, or another benefit, 
        such Federal program or State require that the entity be an 
        accredited postgraduate physician training program, or that the 
        entity have completed or be attending such a program, if the 
        applicable standards for accreditation of the program include 
        the standard that the program must require or provide training 
        in the performance of induced abortions, or make arrangements 
        for the provision of such training.
    Sec. 513. (a) Congressional Findings Regarding Appropriate Minimum 
Length of Stay for Routine Deliveries.--The Congress finds that--
            (1) the Guidelines for Perinatal Care of the American 
        Academy of Pediatrics and the American College of Obstetricians 
        and Gynecologists recommend, when no complications are present, 
        a postpartum hospital stay of 48 hours for vaginal delivery and 
        96 hours for caesarean birth, excluding the day of delivery;
            (2) the American College of Obstetricians and Gynecologists 
        reports that it has become common for insurers to limit length 
        of stay to up to 24 hours following vaginal delivery and up to 
        72 hours following caesarean delivery, and the American College 
        of Obstetricians and Gynecologists has received reports of 
        insurers proposing limits of 12 hours, and in some cases 6 
        hours, for routine deliveries;
            (3) the American Medical Association recently expressed 
        concern about the trend toward increasingly brief perinatal 
        hospital stays as routine practice in the absence of adequate 
        data to demonstrate the practice is safe;
            (4) the American College of Obstetricians and Gynecologists 
        has stated that the trend toward earlier discharge is 
        ``equivalent to a large, uncontrolled, uninformed experiment 
        that may potentially affect the health of American women and 
        their babies'';
            (5) a recent study by Dartmouth-Hitchcock Medical Center 
        found that within an infant's first two weeks of life there is 
        a 50 percent increased risk of readmission and 70 percent 
        increased risk of emergency room visits if the infant is 
        discharged at less than two days of age;
            (6) studies have shown that early release of infants can 
        result in jaundice, feeding problems, respiratory difficulties, 
        and infections of the cord, ears, and eyes;
            (7) the American Medical Association has urged hospitals 
        and insurance companies, in the absence of empirical data, to 
        allow the perinatal discharge of mothers and infants to be 
        determined by the clinical judgment of attending physicians not 
        by economic considerations; and
            (8) the American Medical Association recommends that the 
        decision regarding perinatal discharge should be made based on 
        the criteria of medical stability, delivery of adequate 
        predischarge education, need for neonatal screening, and 
        determination that adequate feeding is occurring and with 
        consideration of the mother's social and emotional needs and 
        preferences.
    (b) Sense of the Congress.--It is, therefore, the sense of Congress 
that--
            (1) the Maternal and Child Health Bureau should promptly 
        collaborate with other concerned national organizations to 
        encourage well-designed studies, separating economic concerns 
        from concerns about the health and well-being of mothers and 
        children, to identify safe neonatal practices with regard to 
        the hospital discharge of mothers and infants and establish 
        appropriate medical care procedures during the perinatal 
        period;
            (2) decisions on how long mothers and newborns should stay 
        in the hospital after delivery and before discharge should be 
        made by doctors and patients together based on the medical and 
        health care needs of the mother and newborn and not by 
        hospitals, health insurers, health services organizations, and 
        health benefit plans based primarily on economic 
        considerations; and
            (3) until further empirical data are collected so as to 
        indicate a need for change in current Guidelines, hospitals, 
        health insurers, health services organizations, and health 
        benefit plans should abide by the current Guidelines for 
        Perinatal Care of the American Academy of Pediatrics and the 
        American College of Obstetricians and Gynecologists, that state 
        that the general time for discharge for mother and baby should 
        be at least 48 hours following uncomplicated vaginal delivery 
        and at least 96 hours following uncomplicated caesarian birth 
        and that permit early discharge if specified criteria are met.
                      TITLE VI--POLITICAL ADVOCACY

     prohibition on the use of federal funds for political advocacy

    Sec. 601. (a) Limitations.--Notwithstanding any other provision of 
law, the following limitations apply to any grant which is made from 
funds appropriated under this or any other Act or controlled under any 
congressional authorization until Congress provides specific exceptions 
in subsequent Acts:
            (1) No grantee may use funds from any grant to engage in 
        political advocacy.
            (2) No grant applicant may receive any grant if its 
        expenditures for political advocacy for any one of the previous 
        five Federal fiscal years exceeded its prohibited political 
        advocacy threshold (but no Federal fiscal year before 1996 
        shall be considered). For purposes of this title, the 
        prohibited political advocacy threshold for a given Federal 
        fiscal year is to be determined by the following formula:
                    (A) calculate the difference between the grant 
                applicant's total expenditures made in a given Federal 
                fiscal year and the total grants it received in that 
                Federal fiscal year;
                    (B) for the first $20,000,000 of the difference 
                calculated in (A), multiply by .05;
                    (C) for the remainder of the difference calculated 
                in (A), multiply by .01;
                    (D) the sum of the products described in (B) and 
                (C) equals the prohibited political advocacy threshold.
            (3) During any one Federal fiscal year in which a grantee 
        has possession, custody or control of grant funds, the grantee 
        shall not use any funds (whether derived from grants or 
        otherwise) to engage in political advocacy in excess of its 
        prohibited political advocacy threshold for the prior Federal 
        fiscal year.
            (4) No grantee may use funds from any grant to purchase or 
        secure any goods or services (including dues and membership 
        fees) from any other individual, entity, or organization whose 
        expenditures for political advocacy for the previous Federal 
        fiscal year exceeded 15 percent of its total expenditures for 
        that Federal fiscal year.
            (5) No grantee may use funds from any grant for any purpose 
        (including but not limited to extending subsequent grants to 
        any other individual, entity, or organization) other than to 
        purchase or secure goods or services, except as specifically 
        permitted by Congress in the law authorizing the grant.
            (6) Any individual, entity, or organization that awards or 
        administers a grant shall take reasonable steps to ensure that 
        the grantee complies with the requirements of this title. 
        Reasonable steps to ensure compliance shall include written 
        notice to a grantee that it is receiving a grant, and that the 
        provisions of this title apply to the grantee.
    (b) Enforcement.--The following enforcement provisions apply with 
respect to the limitations imposed under subsection (a):
            (1) Each grantee shall be subject to audit from time to 
        time as follows:
                    (A) Audits may be requested and conducted by the 
                General Accounting Office or other
                 auditing entity authorized by Congress, including the 
inspector general of the Federal entity awarding or administering the 
grant.
                    (B) Grantees shall follow generally accepted 
                accounting principles in keeping books and records 
                relating to each grant and no Federal entity may impose 
                more burdensome accounting requirements for purposes of 
                enforcing this title.
                    (C) A grantee that engages in political advocacy 
                shall have the burden of proving, by clear and 
                convincing evidence, that it is in compliance with the 
                limitations of this section.
            (2) Violations by a grantee of the limitations contained in 
        subsection (a) may be enforced and the grant may be recovered 
        in the same manner and to the same extent as a false or 
        fraudulent claim for payment or approval made to the Federal 
        Government pursuant to sections 3729 through 3812 of title 31, 
        United States Code.
            (3) Any officer or employee of the Federal Government who 
        awards or administers funds from any grant to a grantee who is 
        not in compliance with this section shall--
                    (A) for knowing or negligent noncompliance with 
                this section, be subjected to appropriate 
                administrative discipline, including, when 
                circumstances warrant, suspension from duty without pay 
                or removal from office; and
                    (B) for knowing noncompliance with this section, 
                pay a civil penalty of not more than $5,000 for each 
                improper disbursement of funds.
    (c) Definitions.--For purposes of this title:
            (1) Political advocacy.--The term ``political advocacy'' 
        includes--
                    (A) carrying on propaganda, or otherwise attempting 
                to influence legislation or agency action, including, 
                but not limited to monetary or in-kind contributions, 
                endorsements, publicity, or similar activity;
                    (B) participating or intervening in (including the 
                publishing or distributing of statements) any political 
                campaign on behalf of (or in opposition to) any 
                candidate for public office, including but not limited 
                to monetary or in-kind contributions, endorsements, 
                publicity, or similar activity;
                    (C) participating in any judicial litigation or 
                agency proceeding (including as an amicus curiae) in 
                which agents or instrumentalities of Federal, State, or 
                local governments are parties, other than litigation in 
                which the grantee or grant applicant: is a defendant 
                appearing in its own behalf; is defending its tax-
                exempt status; or is challenging a government decision 
                or action directed specifically at the powers, rights, 
                or duties of that grantee or grant applicant; and
                    (D) allocating, disbursing, or contributing any 
                funds or in-kind support to any individual, entity or 
                organization whose expenditures for political advocacy 
                for the previous Federal fiscal year exceeded 15 
                percent of its total expenditures for that Federal 
                fiscal year.
            (2) Influence legislation or agency action.--
                    (A) General rule.--Except as otherwise provided in 
                subparagraph (B), the term ``influence legislation or 
                agency action'' includes--
                            (i) any attempt to influence any 
                        legislation or agency action through an attempt 
                        to affect the opinions of the general public or 
                        any segment thereof, and
                            (ii) any attempt to influence any 
                        legislation or agency action through 
                        communication with any member or employee of a 
                        legislative body or agency, or with any 
                        government official or employee who may 
                        participate in the formulation of the 
                        legislation or agency action.
                    (B) Exceptions.--The term ``influence legislation 
                or agency action'' does not include--
                            (i) making available the results of 
                        nonpartisan analysis, study, research, or 
                        debate;
                            (ii) providing technical advice or 
                        assistance (where such advice would otherwise 
                        constitute the influencing of legislation or 
                        agency action) to a governmental body or to a 
                        committee or other subdivision thereof in 
                        response to a written request by such body or 
                        subdivision, as the case may be;
                            (iii) communications between the grantee 
                        and its bona fide members with respect to 
                        legislation, proposed legislation, agency 
                        action, or proposed agency action of direct 
                        interest to the grantee and such members, other 
                        than communications described in subparagraph 
                        (C);
                            (iv) any communication with a governmental 
                        official or employee; other than--
                                    (I) a communication with a member 
                                or employee of a legislative body or 
                                agency (where such communication would 
                                otherwise constitute the influencing of 
                                legislation or agency action); or
                                    (II) a communication the principal 
                                purpose of which is to influence 
                                legislation or agency action; and
                            (v) official communications by employees of 
                        State or local governments, or by organizations 
                        whose membership consists exclusively of State 
                        or local governments.
                    (C) Communications with members.--
                            (i) A communication between a grantee and 
                        any bona fide member of such organization to 
                        directly encourage such
                         member to communicate as provided in paragraph 
(2)(A)(ii) shall be treated as a (2)(A)(ii) communication by the 
grantee itself.
                            (ii) A communication between a grantee and 
                        any bona fide member of such organization to 
                        directly encourage such member to urge persons 
                        other than members to communicate as provided 
                        in either clause (i) or (ii) of paragraph 
                        (2)(A) shall be treated as a communication 
                        described in paragraph (2)(A)(i).
            (3) The term ``legislation'' includes the introduction, 
        amendment, enactment, passage, defeat, ratification, or repeal 
        of Acts, bills, resolutions, treaties, declarations, 
        confirmations, articles of impeachment, or similar items by the 
        Congress, any State legislature, any local council or similar 
        governing body, or by the public in a referendum, initiative, 
        constitutional amendment, recall, confirmation, or similar 
        procedure.
            (4) The term ``grant'' includes the provision of any 
        Federal funds, appropriated under this or any other Act, or 
        other thing of value to carry out a public purpose of the 
        United States, except: the provision of funds for acquisition 
        (by purchase, lease or barter) of property or services for the 
        direct benefit or use of the United States, or the payments of 
        loans, debts, or entitlements; or the provision of funds to an 
        Article I or III court.
            (5) The term ``grantee'' includes any recipient of any 
        grant. The term shall not include any state or local 
        government, but shall include any recipient receiving a grant 
        (as defined by subsection c(4)) from a state or local 
        government.
            (6) The term ``agency action'' includes the definition 
        contained in section 551 of Title 5, United States Code, and 
        includes action by state or local government agencies.
            (7) The term ``agency proceeding'' includes the definition 
        contained in section 551 of Title 5, United States Code, and 
        includes proceedings by state or local government agencies.

                        disclosure requirements

    Sec. 602. (a) Not later than December 31 of each year, a grantee 
shall provide (via either electronic or paper medium) to each Federal 
entity that awarded or administered its grant an annual report for the 
prior Federal fiscal year, certified by the grantee's chief executive 
officer or equivalent person of authority, and setting forth: the 
grantee's name, the grantee's identification number, and--
            (1) a statement that the grantee did not engage in 
        political advocacy; or,
            (2) a statement that the grantee did engage in political 
        advocacy, and setting forth for each grant--
                    (A) the grant identification number;
                    (B) the amount or value of the grant (including all 
                administrative and overhead costs awarded);
                    (C) a brief description of the purpose or purposes 
                for which the grant was awarded;
                    (D) the identity of each Federal, state and local 
                government entity awarding or administering the grant, 
                and program thereunder;
                    (E) the name and grantee identification number
                 of each individual, entity, or organization to whom 
the grantee made a grant;
                    (F) a brief description of the grantee's political 
                advocacy, and a good faith estimate of the grantee's 
                expenditures on political advocacy;
                    (G) a good faith estimate of the grantee's 
                prohibited political advocacy threshold.
    (b) OMB Coordination.--The Office of Management and Budget shall 
develop by regulation one standardized form for the annual report that 
shall be accepted by every Federal entity, and a uniform procedure by 
which each grantee is assigned one permanent and unique grantee 
identification number.

                         federal entity report

    Sec. 603. Not later than May 1 of each calendar year, each Federal 
entity awarding or administering a grant shall submit to the Bureau of 
the Census a report (standardized by the Office of Management and 
Budget) setting forth the information provided to such Federal entity 
by each grantee during the preceding Federal fiscal year, and the name 
and grantee identification number of each grantee to whom it provided 
written notice under section 1(a)(6). The Bureau of the Census shall 
make this database available to the public through the Internet.

                         public accountability

    Sec. 604. (a) Any Federal entity awarding a grant shall make 
publicly available any grant application, audit of a grantee, list of 
grantees to whom notice was provided under section 1(a)(6), annual 
report of a grantee, and that Federal entity's annual report to the 
Bureau of the Census.
    (b) The public's access to the documents identified in section 4(a) 
shall be facilitated by placement of such documents in the Federal 
entity's public document reading room and also by expediting any 
requests under section 552 of title 5, United States Code, the Freedom 
of Information Act as amended, ahead of any requests for other 
information pending at such Federal entity.
    (c) Records described in section (a) shall not be subject to 
withholding except under exemption (b)(7)(A) of section 552 of title 5, 
United States Code.
    (d) No fees for searching for or copying such documents shall be 
charged to the public.

                              severability

    Sec. 605. If any provision of this title or the application thereof 
to any person or circumstance is held invalid, the remainder of this 
title and the application of such provision to other persons and 
circumstances shall not be affected thereby.

                    first amendment rights preserved

    Sec. 606. Nothing in this title shall be deemed to abridge any 
rights guaranteed under the first amendment of the United States 
Constitution, including freedom of speech, or of the press; or the 
right of the people peaceably to assemble, and to petition the 
Government for a redress of grievances.
    This Act may be cited as the ``Departments of Labor, Health and 
Human Services, and Education, and Related Agencies Appropriations Act, 
1996''.
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                                                 Union Calendar No. 108

104th CONGRESS

  1st Session

                               H. R. 2127

                          [Report No. 104-209]

_______________________________________________________________________

                                 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, 1996, and for other purposes.

_______________________________________________________________________

                             July 27, 1995

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