[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3755 Referred in Senate (RFS)]







104th CONGRESS
  2d Session
                                H. R. 3755


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 12, 1996

  Received; read twice and referred to the Committee on Appropriations

_______________________________________________________________________

                                 AN ACT


 
 Making appropriations for the Departments of Labor, Health and Human 
  Services, and Education, and related agencies, for the fiscal year 
           ending September 30, 1997, 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, 1997, 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; the 
Women in Apprenticeship and Nontraditional Occupations Act; the 
National Skill Standards Act of 1994; and the School-to-Work 
Opportunities Act; $4,171,482,000 (reduced by $5,000,000) plus 
reimbursements, of which $3,297,011,000 (reduced by $5,000,000) is 
available for obligation for the period July 1, 1997 through June 30, 
1998; of which $73,861,000 is available for the period July 1, 1997 
through June 30, 2000 for necessary expenses of construction, 
rehabilitation, and acquisition of Job Corps centers; and of which 
$175,000,000 shall be available from July 1, 1997 through September 30, 
1998, 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, $2,530,000 shall be for all activities 
conducted by and through the National Occupational Information 
Coordinating Committee under such Act, $850,000,000 (reduced by 
$5,000,000) 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: Provided 
further, That funds provided to carry out title III of the Job Training 
Partnership Act shall not be subject to the limitation contained in 
subsection (b) of section 315 of such Act; that the waiver allowing a 
reduction in the cost limitation relating to retraining services 
described in subsection (a)(2) of such section 315 may be granted with 
respect to funds from this Act if a substate grantee demonstrates to 
the Governor that such waiver is appropriate due to the availability of 
low-cost retraining services, is necessary to facilitate the provision 
of needs-related payments to accompany long-term training, or is 
necessary to facilitate the provision of appropriate basic readjustment 
services; and that funds provided to carry out the Secretary's 
discretionary grants under part B of such title III may be used to 
provide needs-related payments to participants who, in lieu of meeting 
the requirements relating to enrollment in training under section 
314(e) of such Act, are enrolled in training by the end of the sixth 
week after grant funds have been awarded: Provided further, That 
service delivery areas may transfer funding provided herein under 
authority of titles II-B and II-C of the Job Training Partnership Act 
between the programs authorized by those titles of that Act, if such 
transfer is approved by the Governor: Provided further, That service 
delivery areas and substate areas may transfer funding provided herein 
under authority of title II-A and title III of the Job Training 
Partnership Act between the programs authorized by those titles of the 
Act, if such transfer is approved by the Governor: Provided further, 
That, notwithstanding any other provision of law, any proceeds from the 
sale of Job Corps center facilities shall be retained by the Secretary 
of Labor to carry out the Job Corps program.

            community service employment for older americans

                          (transfer of funds)

    To carry out the activities for national grants or contracts with 
public agencies and public or private nonprofit organizations under 
paragraph (1)(A) of section 506(a) of title V of the Older Americans 
Act of 1965, as amended, or to carry out older worker activities as 
subsequently authorized, $242,450,000.
    To carry out the activities for grants to States under paragraph 
(3) of section 506(a) of title V of the Older Americans Act of 1965, as 
amended, or to carry out older worker activities as subsequently 
authorized, $130,550,000.
    The funds appropriated under this heading shall be transferred to 
the Department of Health and Human Services, ``Aging Services 
Programs'' following the enactment of legislation authorizing the 
administration of the program by that Department: Provided, That the 
funds shall be available for obligation for the period July 1, 1997 
through June 30, 1998.

              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, $324,500,000, together 
with such amounts as may be necessary to be charged to the subsequent 
appropriation for payments for any period subsequent to September 15 of 
the current year.

     state unemployment insurance and employment service operations

    For authorized administrative expenses, $132,279,000, together with 
not to exceed $3,096,111,000 (reduced by $3,800,000) (decreased by 
$2,399,000) (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, 1997, except that funds used for automation 
acquisitions shall be available for obligation by States through 
September 30, 1999; and of which $132,279,000, together with not to 
exceed $701,369,000 of the amount which may be expended from said trust 
fund, shall be available for obligation for the period July 1, 1997 
through June 30, 1998, 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 
$260,573,000 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 1997 is projected by the Department of Labor to exceed 
2,828,000 an additional $28,600,000 shall be available for obligation 
for every 100,000 increase in the AWIU level (including a pro rata 
amount for any increment less than 100,000) from the 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, 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, 1998, $373,000,000.
    In addition, for making repayable advances to the Black Lung 
Disability Trust Fund in the current fiscal year after September 15, 
1997, 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, $81,393,000, 
together with not to exceed $39,977,000, 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, $65,783,000 (increased by $300,000, which amount shall 
be for genetic nondiscrimination enforcement activities).

                  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, 1997, for such Corporation: Provided, 
That not to exceed $135,720,000 shall be available for administrative 
expenses of the Corporation.

                  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, $258,422,000 (increased by 
$5,000,000 for sweatshop enforcement in the garment industry), together 
with $983,000 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, $213,000,000 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, 1996, 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, 1997: Provided further, That of those funds 
transferred to this account from the fair share entities to pay the 
cost of administration, $11,390,000 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, 
$1,007,644,000, of which $961,665,000 shall be available until 
September 30, 1998, 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 $26,071,000 shall be available for 
transfer to Employment Standards Administration, Salaries and Expenses, 
$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, $297,734,000, including not to exceed $66,929,000 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 $750,000 
per fiscal year of training institute course tuition fees, otherwise 
authorized by law to be collected, and may utilize such sums for 
occupational safety and health training and education grants: Provided, 
That 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, $191,810,000, 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, $302,947,000 
(reduced by $300,000), of which $16,145,000 shall be for expenses of 
revising the Consumer Price Index and shall remain available until 
September 30, 1998, together with not to exceed $52,053,000, 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 $4,271,000 for the 
President's Committee on Employment of People With Disabilities, 
$137,504,000; together with not to exceed $297,000, which may be 
expended from the Employment Security Administration account in the 
Unemployment Trust Fund: Provided, That no funds made available by this 
Act may be used by the Solicitor of Labor to participate in a review in 
any United States court of appeals of any decision made by the Benefits 
Review Board under section 21 of the Longshore and Harbor Workers' 
Compensation Act (33 U.S.C. 921) where such participation is precluded 
by the decision of the United States Supreme Court in Director, Office 
of Workers' Compensation Programs v. Newport News Shipbuilding, 115 S. 
Ct. 1278 (1995).

        assistant secretary for veterans employment and training

    Not to exceed $178,149,000 (increased by $3,800,000) 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, 1997.

                      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, $42,938,000, together with not to exceed $3,543,000, 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.

                          (transfer of funds)

    Sec. 102. Not to exceed 1 percent of any discretionary funds 
(pursuant to the Balanced Budget and Emergency Deficit Control Act, as 
amended) which are appropriated for the current fiscal year for the 
Department of Labor in this Act may be transferred between 
appropriations, but no such appropriation shall be increased by more 
than 3 percent by any such transfer: Provided, That the Appropriations 
Committees of both Houses of Congress are notified at least fifteen 
days in advance of any transfer.
    Sec. 103. Funds shall be available for carrying out title IV-B of 
the Job Training Partnership Act, notwithstanding section 427(c) of 
that Act, if a Job Corps center fails to meet national performance 
standards established by the Secretary.
    Sec. 104. No funds appropriated or otherwise made available in this 
title shall be disbursed without the approval of the Department's Chief 
Financial Officer or his delegatee.
    Sec. 105. (a) General Rule.--In the administration and enforcement 
of the child labor provisions of the Fair Labor Standards Act of 1938, 
employees who are 16 and 17 years of age shall be permitted to load 
materials, but not operate or unload materials, into scrap paper balers 
and paper box compactors--
            (1) that are safe for 16- and 17-year-old employees loading 
        the scrap paper balers or paper box compactors, and
            (2) that cannot operate while being loaded.
    (b) Definition.--For purposes of subsection (a), scrap paper balers 
and paper box compactors shall be considered safe for 16- or 17-year-
old employees to load only if--
            (1) such scrap paper balers and paper box compactors are in 
        compliance with the current safety standard established by the 
        American National Standards Institute;
            (2) such scrap paper balers and paper box compactors 
        include an on-off switch incorporating a keylock or other 
        system and the control of such system is maintained in the 
        custody of employees who are 18 years of age or older;
            (3) the on-off switch of such scrap paper balers and paper 
        box compactors is maintained in an off condition when such 
        scrap paper balers and paper box compactors are not in 
        operation; and
            (4) the employer of 16- and 17-year-old employees provides 
        notice, and posts a notice, on such scrap paper balers and 
        paper box compactors stating that--
                    (A) such scrap paper balers and paper box 
                compactors meet the current safety standard established 
                by the American National Standards Institute;
                    (B) 16- and 17-year-old employees may only load 
                such scrap paper balers and paper box compactors; and
                    (C) any employee under the age of 18 may not 
                operate or unload such scrap paper balers and paper box 
                compactors:
Provided, That this section is not to be construed as affecting the 
exemption for apprentices and student learners published at 29 Code of 
Federal Regulations 570.63.
    Sec. 106. 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, 1997''.

           TITLE II--DEPARTMENT OF HEALTH AND HUMAN SERVICES

              Health Resources and Services Administration

                     health resources and services

    For carrying out titles II, III, VII, VIII, X, XIX, and XXVI of the 
Public Health Service Act, section 427(a) of the Federal Coal Mine 
Health and Safety Act, title V of the Social Security Act, and the 
Health Care Quality Improvement Act of 1986, as amended, 
$3,082,190,000, of which $297,000 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, $2,828,000 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: Provided 
further, That no more than $5,000,000 is available for carrying out the 
provisions of Public Law 104-73: Provided further, That of the funds 
made available under this heading, $192,592,000 shall be for the 
program under title X of the Public Health Service Act to provide for 
voluntary family planning projects: Provided further, That amounts 
provided to said projects under such title shall not be expended for 
abortions, that all pregnancy counseling shall be nondirective, and 
that such amounts shall not be expended for any activity (including the 
publication or distribution of literature) that in any way tends to 
promote public support or opposition to any legislative proposal or 
candidate for public office: Provided further, That $75,000,000 shall 
be for State AIDS Drug Assistance Programs authorized by section 2616 
of the Public Health Service Act and shall be distributed to States as 
authorized by section 2618(b)(2) of such 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, $7,000,000, 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 $140,000,000. In addition, for administrative expenses to carry 
out the guaranteed loan program, $2,688,000.

             vaccine injury compensation program trust fund

    For payments from the Vaccine Injury Compensation Program Trust 
Fund, such sums as may be necessary for claims associated with vaccine-
related injury or death with respect to vaccines administered after 
September 30, 1988, pursuant to subtitle 2 of title XXI of the Public 
Health Service Act, to remain available until expended: Provided, That 
for necessary administrative expenses, not to exceed $3,000,000 shall 
be available from the Trust Fund to the Secretary of Health and Human 
Services.

                      vaccine injury compensation

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

               Centers for Disease Control and Prevention

                disease control, research, and training

    To carry out titles II, III, VII, XI, XV, XVII, and XIX of the 
Public Health Service Act, sections 101, 102, 103, 201, 202, and 203 of 
the Federal Mine Safety and Health Act of 1977, and sections 20, 21 and 
22 of the Occupational Safety and Health Act of 1970; including 
insurance of official motor vehicles in foreign countries; and hire, 
maintenance, and operation of aircraft, $2,153,376,000, of which 
$8,353,000 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 $48,400,000 shall be available from amounts available under section 
241 of the Public Health Service Act, to carry out the National Center 
for Health Statistics surveys: Provided further, That none of the funds 
made available for injury prevention and control at the Centers for 
Disease Control and Prevention may be used to advocate or promote gun 
control.
    In addition, $33,642,000, to be derived from the Violent Crime 
Reduction Trust Fund, for carrying out sections 40151 and 40261 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, $2,385,741,000.

               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, $1,438,265,000.

                 national institute of dental research

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to dental disease, $195,596,000.

    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, 
$819,224,000.

        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, 
$725,478,000.

         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, 
$1,256,149,000.

             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, $1,003,722,000.

        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, 
$631,989,000.

                         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, 
$333,131,000.

          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, 
$308,258,000.

                      national institute on aging

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to aging, $484,375,000.

 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, $257,637,000.

    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, 
$189,243,000.

                 national institute of nursing research

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to nursing research, $59,715,000.

           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, $212,079,000.

                    national institute on drug abuse

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to drug abuse, $487,341,000.

                  national institute of mental health

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to mental health, $701,247,000.

                 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, $416,523,000: Provided, That none of these funds shall 
be used to pay recipients of the general research support grants 
program any amount for indirect expenses in connection with such 
grants: Provided further, That $37,000,000 shall be for extramural 
facilities construction grants.

               national center for human genome research

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to human genome research, $189,267,000.

                  john e. fogarty international center

    For carrying out the activities at the John E. Fogarty 
International Center, $26,707,000.

                      national library of medicine

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to health information communications, 
$150,093,000, of which $4,000,000 shall be available until expended for 
improvement of information systems: Provided, That in fiscal year 1997, 
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, $275,423,000: 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: Provided further, That NIH is 
authorized to collect third party payments for the cost of clinical 
services that are incurred in National Institutes of Health research 
facilities and that such payments shall be credited to the National 
Institutes of Health Management Fund: Provided further, That all funds 
credited to the NIH Management Fund shall remain available for one 
fiscal year after the fiscal year in which they are deposited.

                        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, $200,000,000, to remain 
available until expended, of which $90,000,000 shall be for the 
clinical research center: Provided, That, notwithstanding any other 
provision of law, a single contract or related contracts for the 
development and construction of the clinical research center may be 
employed which collectively include the full scope of the project: 
Provided further, That the solicitation and contract shall contain the 
clause ``availability of funds'' found at 48 CFR 52.232-18.

       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, $1,849,235,000.

     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, $90,469,000; 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 
$34,700,000.

                  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, $75,056,618,000, to remain available until 
expended.
    For making, after May 31, 1997, payments to States under title XIX 
of the Social Security Act for the last quarter of fiscal year 1997 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 1998, 
$27,988,993,000, 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, $60,079,000,000.

                           program management

    For carrying out, except as otherwise provided, titles XI, XVIII, 
and XIX of the Social Security Act, title XIII of the Public Health 
Service Act, and the Clinical Laboratory Improvement Amendments of 
1988, not to exceed $1,733,125,000, to be transferred from the Federal 
Hospital Insurance and the Federal Supplementary Medical Insurance 
Trust Funds, as authorized by section 201(g) of the Social Security 
Act; together with all funds collected in accordance with section 353 
of the Public Health Service Act, the latter funds to remain available 
until expended, together with such sums as may be collected from 
authorized user fees and the sale of data, which shall remain available 
until expended: Provided, That all funds derived in accordance with 31 
U.S.C. 9701 from organizations established under title XIII of the 
Public Health Service Act are to be credited to and available for 
carrying out the purposes of 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 1997, 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), $13,301,000,000, 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 1998, $4,700,000,000, 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

    For making payments under title XXVI of the Omnibus Budget 
Reconciliation Act of 1981, $900,000,000.

                     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), $412,076,000: Provided, That funds appropriated pursuant to 
section 414(a) of the Immigration and Nationality Act under Public Law 
103-333 for fiscal year 1995 shall be available for the costs of 
assistance provided and other activities conducted in such year and in 
fiscal years 1996 and 1997.

                 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), $950,000,000, which shall be available for obligation 
under the same statutory terms and conditions applicable in the prior 
fiscal year: Provided, That $13,000,000 shall become available for 
obligation on October 1, 1996.

                      social services block grant

    For making grants to States pursuant to section 2002 of the Social 
Security Act, $2,480,000,000: Provided, That notwithstanding section 
2003(c) of such Act, the amount specified for allocation under such 
section for fiscal year 1997 shall be $2,480,000,000.

                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 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, $4,854,036,000 (increased by 
$2,399,000), of which $531,941,000 shall be for making payments under 
the Community Services Block Grant Act: Provided, That to the extent 
Community Services Block Grant funds are distributed as grant funds by 
a State to an eligible entity as provided under the Act, and have not 
been expended by such entity, they shall remain with such entity for 
carryover into the next fiscal year for expenditure by such entity 
consistent with program purposes.
    In addition, $27,358,000, to be derived from the Violent Crime 
Reduction Trust Fund, for carrying out sections 40155, 40211 and 40241 
of Public Law 103-322.

                    family preservation and support

    For carrying out section 430 of the Social Security Act, 
$240,000,000.

       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, $4,445,031,000.
    For making payments to States or other non-Federal entities, under 
title IV-E of the Social Security Act, for the first quarter of fiscal 
year 1998, $1,111,000,000.

                        Administration on Aging

                        aging services programs

    For carrying out, to the extent not otherwise provided, the Older 
Americans Act of 1965, as amended, $810,545,000.

                        Office of the Secretary

                    general departmental management

    For necessary expenses, not otherwise provided, for general 
departmental management, including hire of six sedans, and for carrying 
out titles III, XVII, and XX of the Public Health Service Act, 
$148,999,000, together with $5,851,000, to be transferred and expended 
as authorized by section 201(g)(1) of the Social Security Act from the 
Hospital Insurance Trust Fund and the Supplemental Medical Insurance 
Trust Fund: Provided, That of the funds made available under this 
heading for carrying out title XVII of the Public Health Service Act, 
$11,500,000 shall be available until expended for extramural 
construction.

                      office of inspector general

    For expenses necessary for the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $29,399,000, together with any funds, to remain available 
until expended, that represent the equitable share from the forfeiture 
of property in investigations in which the Office of Inspector General 
participated, and which are transferred to the Office of the Inspector 
General by the Department of Justice, the Department of the Treasury, 
or the United States Postal Service.

                        office for civil rights

    For expenses necessary for the Office for Civil Rights, 
$16,066,000, together with not to exceed $3,314,000, to be transferred 
and expended as authorized by section 201(g)(1) of the Social Security 
Act from the Hospital Insurance Trust Fund and the Supplemental Medical 
Insurance Trust Fund.

                            policy research

    For carrying out, to the extent not otherwise 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.
    Sec. 205. None of the funds appropriated in this Act for the 
National Institutes of Health and the Substance Abuse and Mental Health 
Services Administration shall be used to pay the salary of an 
individual, through a grant or other extramural mechanism, at a rate in 
excess of $125,000 per year.
    Sec. 206. None of the funds appropriated in this Act may be 
expended pursuant to section 241 of the Public Health Service Act, 
except for funds specifically provided for in this Act, or for other 
taps and assessments made by any office located in the Department of 
Health and Human Services, prior to the Secretary's preparation and 
submission of a report to the Committee on Appropriations of the Senate 
and of the House detailing the planned uses of such funds.

                          (transfer of funds)

    Sec. 207. Of the funds appropriated or otherwise made available for 
the Department of Health and Human Services, General Departmental 
Management, for fiscal year 1997, the Secretary of Health and Human 
Services shall transfer to the Office of the Inspector General such 
sums as may be necessary for any expenses with respect to the provision 
of security protection for the Secretary of Health and Human Services.
    Sec. 208. None of the funds appropriated in this Act may be 
obligated or expended for the Federal Council on Aging under the Older 
Americans Act or the Advisory Board on Child Abuse and Neglect under 
the Child Abuse Prevention and Treatment Act.

                          (transfer of funds)

    Sec. 209. Not to exceed 1 percent of any discretionary funds 
(pursuant to the Balanced Budget and Emergency Deficit Control Act, as 
amended) which are appropriated for the current fiscal year for the 
Department of Health and Human Services in this Act may be transferred 
between appropriations, but no such appropriation shall be increased by 
more than 3 percent by any such transfer: Provided, That the 
Appropriations Committees of both Houses of Congress are notified at 
least fifteen days in advance of any transfer.

                          (transfer of funds)

    Sec. 210. The Director of the National Institutes of Health, 
jointly with the Director of the Office of AIDS Research, may transfer 
up to 3 percent among institutes, centers, and divisions from the total 
amounts identified by these two Directors as funding for research 
pertaining to the human immunodeficiency virus: Provided, That the 
Congress is promptly notified of the transfer.
    Sec. 211. None of the funds made available in this Act may be used 
by the National Institutes of Health to provide grants or cooperative 
agreements under the SBIR program under section 9(f) of Public Law 85-
536 for research proposals when it is made known to the Federal 
official having authority to obligate or expend such funds that (in the 
process of technical and scientific peer review under section 492 of 
the Public Health Service Act) the median of the evaluation scores for 
the proposals in the review cycle involved is higher than the median of 
the evaluation scores in such review cycle for RO1 proposals.
    Sec. 212. Extension of Moratorium.--Section 6408(a)(3) of the 
Omnibus Budget Reconciliation Act of 1989, as amended by section 13642 
of the Omnibus Budget Reconciliation Act of 1993, is amended by 
striking ``December 31, 1995'' and inserting ``December 31, 2000, or 
the first day of the first quarter on which the Medigrant plan for the 
State of Michigan is effective under title XIX of such Act.''.
    Sec. 213. (a) The Secretary of Health and Human Services may in 
accordance with this section provide for the relocation of the Federal 
facility known as the Gillis W. Long Hansen's Disease Center (located 
in the vicinity of Carville, in the State of Louisiana), including the 
relocation of the patients of the Center.
    (b)(1) Subject to entering into a contract in accordance with 
subsection (c), in relocating the Center the Secretary may on behalf of 
the United States transfer to the State of Louisiana, without charge, 
title to the real property and improvements that (as of the date of the 
enactment of this Act) constitute the Center. Such real property is a 
parcel consisting of approximately 330 acres. The exact acreage and 
legal description used for purposes of the transfer shall be in 
accordance with a survey satisfactory to the Secretary.
    (2) Any conveyance under paragraph (1) is not effective unless the 
conveyance specifies that, if the State of Louisiana engages in a 
material breach of the contract under subsection (c), title to the real 
property and improvements involved reverts to the United States at the 
election of the Secretary.
    (c) The transfer described in subsection (b) may be made only if, 
before the transfer is made, the Secretary and the State enter into a 
contract whose provisions are in accordance with the following:
            (1) During the 30-year period beginning on the date on 
        which the transfer is made, the real property and improvements 
        referred to in subsection (b) (referred to in this subsection 
        as the ``transferred property'') will be used exclusively for 
        purposes that promote the health or education of the public, 
        with such incidental exceptions as the Secretary may approve, 
        and consistent with the memorandum of understanding signed June 
        11, 1996 by the Chancellors of Louisiana State University and 
        Southern University.
            (2) For purposes of monitoring the extent to which the 
        transferred property is being used in accordance with paragraph 
        (1), the Secretary will have access to such documents as the 
        Secretary determines to be necessary, and the Secretary may 
        require the advance approval of the Secretary for such 
        contracts, conveyances of real or personal property, or other 
        transactions as the Secretary determines to be necessary.
            (3) The relocation of patients from the transferred 
        property will be completed not later than 3 years after the 
        date on which the transfer is made, except to the extent the 
        Secretary determines that relocating particular patients is not 
        feasible. During the period of relocation, the Secretary will 
        have unrestricted access to the transferred property, and after 
        such period will have such access as may be necessary with 
        respect to the patients who pursuant to the preceding sentence 
        are not relocated.
            (4) The Secretary will provide for the continuation at the 
        transferred property of the projects (underway as of the date 
        of the enactment of this Act) to make repairs and to make 
        energy-related improvements, subject to the availability of 
        appropriations to carry out the projects.
            (5) The contract disposes of issues regarding access to the 
        cemetery located on the transferred property, and the 
        establishment of a museum regarding memorabilia relating to the 
        use of the property to care for patients with Hansen's disease.
            (6) In the case of each individual who as of the date of 
        the enactment of this Act is a Federal employee at the 
        transferred property with management, engineering, or dietary 
        duties:
                    (A) The State will provide the individual with the 
                right of first refusal to an employment position with 
                the State with substantially the same type of duties as 
                the individual performed in his or her most recent 
                position at the transferred property.
                    (B) If the individual becomes an employee of the 
                State pursuant to subparagraph (A), the State will make 
                payments in accordance with subsection (d)(3)(B) 
                (relating to disability), as applicable with respect to 
                the individual.
            (7) The contract contains such additional provisions as the 
        Secretary determines to be necessary to protect the interests 
        of the United States, and the Secretary shall have final 
        approval over the terms of the contract.
    (d)(1) This subsection applies if the transfer under subsection (b) 
is made.
    (2) In the case of each individual who as of the date of the 
enactment of this Act is a Federal employee with a position at the 
Center and is, for duty at the Center, receiving the pay differential 
under section 5545(d) of title 5, United States Code:
            (A) If as of the date of the transfer under subsection (b) 
        the individual is eligible for an annuity under section 8336 or 
        8412 of title 5, United States Code, then once the individual 
        separates from the service and thereby becomes entitled to 
        receive the annuity, the pay differential shall be excluded 
        from the computation of the annuity unless the individual 
        separated from the service not later than 30 days after the 
        date on which the transfer was made.
            (B) If the individual is not eligible for such an annuity 
        as of the date of the transfer under subsection (b) but 
        subsequently does become eligible, then once the individual 
        separates from the service and thereby becomes entitled to 
        receive the annuity, the pay differential shall be excluded 
        from the computation of the annuity unless the individual 
        separated from the service not later than 30 days after the 
        date on which the individual first became eligible for the 
        annuity.
            (C) For purposes of this paragraph, the individual is 
        eligible for the annuity if the individual meets all conditions 
        under such section 8336 or 8412 to be entitled to the annuity, 
        except the condition that the individual be separated from the 
        service.
    (3) In the case of each individual who as of the date of the 
enactment of this Act is a Federal employee at the Center with 
management, engineering, or dietary duties, and who becomes an employee 
of the State pursuant to subsection (c)(6)(A):
            (A) The provisions of subchapter III of chapter 83 of title 
        5, United States Code, or of chapter 84 of such title, 
        whichever is applicable, that relate to disability shall be 
        considered to remain in effect with respect to the individual 
        (subject to subparagraph (C)) until the earlier of--
                    (i) the expiration of the 2-year period beginning 
                on the date on which the transfer under subsection (b) 
                is made; or
                    (ii) the date on which the individual first meets 
                all conditions for coverage under a State program for 
                payments during retirement by reason of disability.
            (B) The payments to be made by a State pursuant to 
        subsection (c)(6)(B) with respect to the individual are 
        payments to the Civil Service Retirement and Disability Fund, 
        if the individual is receiving Federal disability coverage 
        pursuant to subparagraph (A). Such payments are to be made in a 
        total amount equal to that portion of the normal-cost 
        percentage (determined through the use of dynamic assumptions) 
        of the basic pay of the individual that is allocable to such 
        coverage and is paid for service performed during the period 
        for which such coverage is in effect. Such amount is to be 
        determined in accordance with chapter 84 of such title 5, is to 
        be paid at such time and in such manner as mutually agreed by 
        the State and the Office of Personnel Management, and is in 
        lieu of individual or agency contributions otherwise required.
            (C) In the determination pursuant to subparagraph (A) of 
        whether the individual is eligible for Federal disability 
        coverage (during the applicable period of time under such 
        subparagraph), service as an employee of the State after the 
        date of the transfer under subsection (b) shall be counted 
        toward the service requirement specified in the first sentence 
        of section 8337(a) or 8451(a)(1)(A) of such title 5 (whichever 
        is applicable).
    (e) The following provisions apply if under subsection (a) the 
Secretary makes the decision to relocate the Center:
            (1) The site to which the Center is relocated shall be in 
        the vicinity of Baton Rouge, in the State of Louisiana.
            (2) The facility involved shall continue to be designated 
        as the Gillis W. Long Hansens's Disease Center.
            (3) The Secretary shall make reasonable efforts to inform 
        the patients of the Center with respect to the planning and 
        carrying out of the relocation.
            (4) In the case of each individual who as of October 1, 
        1996, is a patient of the Center and is receiving long-term 
        care (referred to in this subsection as an ``eligible 
        patient''), the Secretary shall continue to provide for the 
        long-term care of the eligible patient, without charge, for the 
        remainder of the life of the patient. Of the amounts 
        appropriated for a fiscal year for the Public Health Service, 
        the Secretary shall make available such amounts as may be 
        necessary to carry out the preceding sentence.
            (5) Except in the case of an eligible patient for whom it 
        is not feasible to relocate for purposes of subsection (c)(3), 
        each eligible patient may make an irrevocable choice of one of 
        the following long-term care options:
                    (A) For the remainder of his or her life, the 
                patient may reside at the Center.
                    (B) For the remainder of his or her life, the 
                patient may elect to receive payments each year in an 
                annual amount of $33,000 (adjusted for fiscal year 1998 
                and each subsequent fiscal year to the extent necessary 
                to offset inflation occurring after October 1, 1996), 
                which payments are in complete discharge of the 
                obligation of the Federal Government under paragraph 
                (4). If the individual makes the election under the 
                preceding sentence, the Federal Government does not 
                under such paragraph have any responsibilities 
                regarding the daily life of the patient, other than 
                making such payments.
            (6) The Secretary shall provide to each eligible patient 
        such information and time as may be necessary for the patient 
        to make an informed decision regarding the options under 
        paragraph (5).
    (f) For purposes of this section:
            (1) The term ``Center'' means the Gillis W. Long Hansen's 
        Disease Center.
            (2) The term ``Secretary'' means the Secretary of Health 
        and Human Services.
            (3) The term ``State'' means the State of Louisiana.
    (g) Section 320 of the Public Health Service Act (42 U.S.C. 247e) 
is amended by striking the section designation and all that follows and 
inserting the following:
    ``Sec. 320. (a)(1) At the Gillis W. Long Hansen's Disease Center 
(located in the State of Louisiana), the Secretary shall without charge 
provide short-term care and treatment, including outpatient care, for 
Hansen's disease and related complications to any person determined by 
the Secretary to be in need of such care and treatment.
    ``(2) The Center referred to in paragraph (1) shall conduct 
training in the diagnosis and management of Hansen's disease and 
conduct and promote the coordination of research, investigations, 
demonstrations, and studies relating to the causes, diagnosis, 
treatment, control, and prevention of Hansen's disease and the 
complications of such disease.
    ``(3) Paragraph (1) is subject to section 213 of the Department of 
Health and Human Services Appropriations Act, 1997.
    ``(b) In addition to the Center referred to in subsection (a), the 
Secretary may establish sites regarding persons with Hansen's disease. 
Each such site shall provide for the outpatient care and treatment for 
Hansen's disease to any person determined by the Secretary to be in 
need of such care and treatment.
    ``(c) The Secretary shall make payments to the Board of Health of 
the State of Hawaii for the care and treatment (including outpatient 
care) in its facilities of persons suffering from Hansen's disease at a 
rate determined by the Secretary. The rate shall be approximately equal 
to the operating cost per patient of such facilities, except that the 
rate may not exceed the comparable costs per patient with Hansen's 
disease for care and treatment provided by the Center referred to in 
subsection (a). Payments under this subsection are subject to the 
availability of appropriations for such purpose.''.
    Sec. 214. (a) None of the funds made available in this Act or any 
other Act may be used to make any award of a grant or contract under 
section 1001 of title X of the Public Health Service Act for fiscal 
year 1997 or any subsequent fiscal year unless the applicant for the 
award agrees that, in operating the voluntary family planning project 
involved, the applicant will comply with the following conditions:
            (1) Priority will be given in the project to the provision 
        of services to individuals from low-income families.
            (2) An individual will not be charged for services in the 
        project if the family of the individual has a total annual 
        income that is at or below 100 percent of the Federal poverty 
        line, except to the extent that payment will be made by a third 
        party (including a government agency) that is authorized, or is 
        under a legal obligation, to pay the charge.
            (3) If the family of the individual has a total annual 
        income that exceeds 100 percent of such poverty line but does 
        not exceed 250 percent of the line, the project will impose a 
        charge according to the ability to pay.
            (4) If the family of the individual has a total annual 
        income that exceeds 250 percent of such poverty line, the 
        project will impose the full charge for the services involved.
            (5) Subject to paragraphs (1) through (4), the policies of 
        the applicant will ensure that economic status is not a 
        deterrent to participation in the project.
    (b) None of the funds made available in this Act may be expended 
for the program under section 1001 of title X of the Public Health 
Service Act after the expiration of the 180-day period beginning on the 
date of the enactment of this Act unless the Secretary of Health and 
Human Services submits to the Congress, not later than such date of 
expiration, a report providing, to the extent that the information is 
available to the Secretary, the following information for the most 
recent fiscal year for which the information is available:
            (1) The number of individuals who receive family planning 
        services through voluntary family planning projects under such 
        section 1001, and the demographic characteristics of the 
        individuals.
            (2) The types of family planning services chosen by 
        recipients of services from such projects.
            (3) The number of individuals served by such projects who 
        are--
                    (A) at risk of unintended pregnancy; and
                    (B) from a family with a total annual income not 
                exceeding 250 percent.
            (4) The extent to which the availability of family planning 
        services from such projects has, among individuals served by 
        the projects, reduced the number of unintended pregnancies, 
        reduced the number of abortions, and reduced the number of 
        cases of sexually transmitted diseases.
            (5) The extent to which the availability of family planning 
        services from such projects has reduced Federal and State 
        expenditures for--
                    (A) the program under title XIX of the Social 
                Security Act (commonly known as the Medicaid program); 
                and
                    (B) the programs under title IV of such Act 
                (commonly referred to as welfare programs).
    Sec. 215. Amounts available in this title for congressional and 
legislative affairs, public affairs, and intergovernmental affairs 
activities are hereby reduced by $2,000,000.
    This title may be cited as the ``Department of Health and Human 
Services Appropriations Act, 1997''.

                   TITLE III--DEPARTMENT OF EDUCATION

                            education reform

    For carrying out activities authorized by the School-to-Work 
Opportunities Act, $175,000,000, which shall become available on July 
1, 1997, and remain available through September 30, 1998.

                    education for the disadvantaged

    For carrying out title I of the Elementary and Secondary Education 
Act of 1965, $7,204,130,000 (increased by $20,000,000) (increased by 
$1,000,000), of which $5,895,244,000 (increased by $20,000,000) 
(increased by $1,000,000) shall become available on July 1, 1997, and 
shall remain available through September 30, 1998, and of which 
$1,298,386,000 shall become available on October 1, 1997 and shall 
remain available through September 30, 1998, for academic year 1997-
1998: Provided, That $6,042,766,000 (increased by $1,000,000) shall be 
available for basic grants under section 1124: Provided further, That 
up to $3,500,000 of these funds shall be available to the Secretary on 
October 1, 1996, to obtain updated local-educational-agency-level 
census poverty data from the Bureau of the Census: Provided further, 
That $684,082,000 (increased by $20,000,000) shall be available for 
concentration grants under section 1124(A) and $7,000,000 shall be 
available for evaluations under section 1501.

                               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, $728,000,000, of which $615,500,000 
shall be for basic support payments under section 8003(b), $40,000,000 
shall be for payments for children with disabilities under section 
8003(d), $50,000,000, to remain available until expended, shall be for 
payments under section 8003(f), $5,000,000 shall be for construction 
under section 8007, and $17,500,000 shall be for Federal property 
payments under section 8002.

                      school improvement programs

    For carrying out school improvement activities authorized by titles 
IV-A-1, V-A, VI, IX, X and XIII of the Elementary and Secondary 
Education Act of 1965; the Stewart B. McKinney Homeless Assistance Act; 
and the Civil Rights Act of 1964; $1,235,383,000 of which 
$1,071,495,000 shall become available on July 1, 1997, and remain 
available through September 30, 1998: Provided, That of the amount 
appropriated, $606,517,000 shall be for innovative education program 
strategies State grants under title VI-A: Provided further, That the 
percentage of the funds appropriated under this heading for innovative 
education program strategies State grants that are allocated to any 
State or territory shall not be less than the percentage allocated to 
such State or territory from the total of the funds appropriated in 
appropriation laws for fiscal year 1996 for the combined totals of such 
grants plus Eisenhower professional development State grants, foreign 
language assistance grants, and the star schools program.

                   bilingual and immigrant education

    For carrying out, to the extent not otherwise provided, bilingual 
and immigrant education activities authorized by parts A and C of title 
VII of the Elementary and Secondary Education Act, without regard to 
section 7103(b), $167,190,000, of which $50,000,000 shall be for 
immigrant education programs authorized by part C: Provided, That State 
educational agencies may use all, or any part of, their part C 
allocation for competitive grants to local educational agencies: 
Provided further, That the Department of Education should only support 
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.

                           special education

    For carrying out the Individuals with Disabilities Education Act 
(except part I), $3,246,315,000, of which $3,000,000,000 shall become 
available for obligation on July 1, 1997, and shall remain available 
through September 30, 1998.

            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, $2,509,447,000.

           Special Institutions for Persons With Disabilities

                 american printing house for the blind

    For carrying out the Act of March 3, 1879, as amended (20 U.S.C. 
101 et seq.), $6,680,000.

               national technical institute for the deaf

    For the National Technical Institute for the Deaf under titles I 
and II of the Education of the Deaf Act of 1986 (20 U.S.C. 4301 et 
seq.), $43,041,000: 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.), $79,182,000: 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 and the Adult 
Education Act, $1,329,669,000, of which $1,326,750,000 shall become 
available on July 1, 1997 and shall remain available through September 
30, 1998: Provided, That no funds shall be awarded to a State Council 
under section 112(f) of the Carl D. Perkins Vocational and Applied 
Technology Education Act, and no State shall be required to operate 
such a Council.

                      student financial assistance

    For carrying out subparts 1 and 3 of part A, part C and part E of 
title IV of the Higher Education Act of 1965, as amended, 
$6,630,407,000, which shall remain available through September 30, 
1998.
    The maximum Pell Grant for which a student shall be eligible during 
award year 1997-1998 shall be $2,500: Provided, That notwithstanding 
section 401(g) of the Act, if the Secretary determines, prior to 
publication of the payment schedule for such award year, that the 
amount included within this appropriation for Pell Grant awards in such 
award year, and any funds available from the fiscal year 1996 
appropriation for Pell Grant awards, are insufficient to satisfy fully 
all such awards for which students are eligible, as calculated under 
section 401(b) of the Act, the amount paid for each such award shall be 
reduced by either a fixed or variable percentage, or by a fixed dollar 
amount, as determined in accordance with a schedule of reductions 
established by the Secretary for this purpose.

             federal family education loan program account

    For Federal administrative expenses to carry out guaranteed student 
loans authorized by title IV, part B, of the Higher Education Act, as 
amended, $29,977,000.

                            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), titles IV, 
V, VI, VII, and IX, part A and subpart 1 of part B of title X, and 
title XI of the Higher Education Act of 1965, as amended, and the 
Mutual Educational and Cultural Exchange Act of 1961; $829,497,000, of 
which $15,673,000 for interest subsidies under title VII of the Higher 
Education Act, as amended, shall remain available until expended: 
Provided, That funds available for part D of title IX of the Higher 
Education Act shall be available to fund noncompeting continuation 
awards for academic year 1997-1998 for fellowships awarded originally 
under parts B and C of title IX of said Act, under the terms and 
conditions of parts B and C, respectively.

                           howard university

    For partial support of Howard University (20 U.S.C. 121 et seq.), 
$187,348,000: Provided, That from the amount available, the University 
may at its discretion use funds for the endowment program as authorized 
under the Howard University Endowment Act (Public Law 98-480).

                   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, 
$698,000.

                         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, 
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, $104,000.

            education research, statistics, and improvement

    For carrying out activities authorized by the Educational Research, 
Development, Dissemination, and Improvement Act of 1994; the National 
Education Statistics Act of 1994; section 2102(c)(11), sections 3136 
and 3141, parts A, B, and section 10601 of title X, and part C of title 
XIII of the Elementary and Secondary Education Act of 1965, as amended, 
and title VI of Public Law 103-227, $319,264,000: Provided, That 
$48,000,000 shall be for sections 3136 and 3141 of the Elementary and 
Secondary Education Act: 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, 
III, and IV of the Library Services and Construction Act, and title II-
B of the Higher Education Act, $108,000,000, of which $2,500,000 shall 
be for section 222 and $1,000,000 shall be for section 223 of the 
Higher Education Act.

                        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, $320,152,000 (decreased by $20,000,000) (decreased by 
$1,000,000) (reduced by $1,923,000).

                        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, $54,171,000.

                    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, $27,143,000, together with any funds, to remain available until 
expended, that represent the equitable share from the forfeiture of 
property in investigations in which the Office of Inspector 
General participated, and which are transferred to the Office of the 
Inspector General by the Department of Justice, the Department of the 
Treasury, or the United States Postal Service.

                           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. Notwithstanding any other provision of law, funds 
available under section 458 of the Higher Education Act shall not 
exceed $420,000,000 for fiscal year 1997. The Department of Education 
shall use at least $134,000,000 for payment of administrative cost 
allowances owed to guaranty agencies for fiscal years 1996 and 1997. 
The Department of Education shall pay administrative cost allowances to 
guaranty agencies, to be paid quarterly. Receipt of such funds and uses 
of such funds by guaranty agencies shall be in accordance with section 
428(f) of the Higher Education Act.
    Notwithstanding section 458 of the Higher Education Act, the 
Secretary may not use funds available under that section or any other 
section for subsequent fiscal years for administrative expenses of the 
William D. Ford Direct Loan Program. The Secretary may not require the 
return of guaranty agency reserve funds during fiscal year 1997, except 
after consultation with both the Chairmen and ranking members of the 
House Economic and Educational Opportunities Committee and the Senate 
Labor and Human Resources Committee. Any reserve funds recovered by the 
Secretary shall be returned to the Treasury of the United States for 
purposes of reducing the Federal deficit.
    No funds available to the Secretary may be used for (1) the hiring 
of advertising agencies or other third parties to provide advertising 
services for student loan programs, or (2) payment of administrative 
fees relating to the William D. Ford Direct Loan Program to 
institutions of higher education.
    Sec. 305. 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, and section 621(b) of Public Law 101-589.

                          (transfer of funds)

    Sec. 306. Not to exceed 1 percent of any discretionary funds 
(pursuant to the Balanced Budget and Emergency Deficit Control Act, as 
amended) which are appropriated for the current fiscal year for the 
Department of Education in this Act may be transferred between 
appropriations, but no such appropriation shall be increased by more 
than 3 percent by any such transfer: Provided, That the Appropriations 
Committees of both Houses of Congress are notified at least fifteen 
days in advance of any transfer.
    Sec. 307. (a) Section 8003(f)(3)(A)(i) of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 7703(f)(3)(A)(i)) is 
amended--
            (1) in the matter preceding subclause (I), by striking 
        ``The Secretary'' and all that follows through ``greater of--'' 
        and inserting the following: ``The Secretary, in conjunction 
        with the local educational agency, shall first determine each 
        of the following:'';
            (2) in each of subclauses (I) through (III), by striking 
        ``the average'' each place it appears the first time in each 
        such subclause and inserting ``The average'';
            (3) in subclause (I), by striking the semicolon and 
        inserting a period;
            (4) in subclause (II), by striking ``: or'' and inserting a 
        period; and
            (5) by adding at the end the following:
                ``The local educational agency shall select one of the 
                amounts determined under subclause (I), (II), or (III) 
                for purposes of the remaining computations under this 
                subparagraph.''.
    (b) The amendments made by subsection (a) shall apply with respect 
to fiscal years beginning with fiscal year 1995.

            TITLE III-A--WOMEN'S EDUCATIONAL EQUITY INCREASE

    The amount provided in title III for ``School Improvement 
Programs'' (including for activities authorized by title V-B of the 
Elementary and Secondary Education Act of 1965) is increased, and the 
amount provided in title III for ``Education Research, Statistics, and 
Improvement'' is reduced; by $2,000,000, and $2,000,000, respectively.
    These titles may be cited as the ``Department of Education 
Appropriations Act, 1997''.

                       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, $53,184,000, of which $432,000 
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, $202,046,000 (increased by 
$1,923,000).

                  Corporation for Public Broadcasting

    For payment to the Corporation for Public Broadcasting, as 
authorized by the Communications Act of 1934, an amount which shall be 
available within limitations specified by that Act, for the fiscal year 
1999, $250,000,000: Provided, That no funds made available to the 
Corporation for Public Broadcasting by this Act shall be used to pay 
for receptions, parties, or similar forms of entertainment for 
Government officials or employees: Provided further, That none of the 
funds contained in this paragraph shall be available or used to aid or 
support any program or activity from which any person is excluded, or 
is denied benefits, or is discriminated against, on the basis of race, 
color, national origin, religion, or sex.

               Federal Mediation and Conciliation Service

                         salaries and expenses

    For expenses necessary for the Federal Mediation and Conciliation 
Service to carry out the functions vested in it by the Labor Management 
Relations Act, 1947 (29 U.S.C. 171-180, 182-183), including hire of 
passenger motor vehicles; and for expenses necessary for the Labor-
Management Cooperation Act of 1978 (29 U.S.C. 175a); and for expenses 
necessary for the Service to carry out the functions vested in it by 
the Civil Service Reform Act, Public Law 95-454 (5 U.S.C. chapter 71), 
$32,579,000 including $1,500,000, to remain available through September 
30, 1998, for activities authorized by the Labor-Management Cooperation 
Act of 1978 (29 U.S.C. 175a): Provided, That notwithstanding 31 U.S.C. 
3302, fees charged, up to full-cost recovery, for special training 
activities and for arbitration services shall be credited to and merged 
with this account, and shall remain available until expended: Provided 
further, That fees for arbitration services shall be available only for 
education, training, and professional development of the agency 
workforce: Provided further, That the Director of the Service is 
authorized to accept on behalf of the United States gifts of services 
and real, personal, or other property in the aid of any projects or 
functions within the Director's jurisdiction.

            Federal Mine Safety and Health Review Commission

                         salaries and expenses

    For expenses necessary for the Federal Mine Safety and Health 
Review Commission (30 U.S.C. 801 et seq.), $6,060,000.

        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), $812,000.

                     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, 
$1,757,000.

                     National Education Goals Panel

    For expenses necessary for the National Education Goals Panel, as 
authorized by title II, part A of the Goals 2000: Educate America Act, 
$974,000.

                     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, 
$144,692,000: 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 none of the funds made 
available by this Act shall be used in any way to promulgate a final 
rule (altering 29 CFR part 103) regarding single location bargaining 
units in representation cases.

                        National Mediation Board

                         salaries and expenses

    For expenses necessary to carry out the provisions of the Railway 
Labor Act, as amended (45 U.S.C. 151-188), including emergency boards 
appointed by the President, $7,656,000.

            Occupational Safety and Health Review Commission

                         salaries and expenses

    For expenses necessary for the Occupational Safety and Health 
Review Commission (29 U.S.C. 661), $7,753,000.

                  Physician Payment Review Commission

                         salaries and expenses

    For expenses necessary to carry out section 1845(a) of the Social 
Security Act, $2,920,000, 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, $3,263,000, 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, $20,923,000.
    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, $460,070,000, 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 
1998, $160,000,000, to remain available until expended.

                  supplemental security income program

    For carrying out titles XI and XVI of the Social Security Act, 
section 401 of Public Law 92-603, section 212 of Public Law 93-66, as 
amended, and section 405 of Public Law 95-216, including payment to the 
Social Security trust funds for administrative expenses incurred 
pursuant to section 201(g)(1) of the Social Security Act, 
$19,422,115,000, 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.
    In addition, $25,000,000, to remain available until September 30, 
1998, for continuing disability reviews as authorized by section 103 of 
Public Law 104-121. The term ``continuing disability reviews'' has the 
meaning given such term by section 201(g)(1)(A) of the Social Security 
Act.
    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 1998, $9,690,000,000, to remain available until 
expended.

                 limitation on administrative expenses

    For necessary expenses, including the hire of two passenger motor 
vehicles, and not to exceed $10,000 for official reception and 
representation expenses, not more than $5,899,797,000 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, 1998: Provided further, That not less than 
$1,500,000 shall be for the Social Security Advisory Board.
    From funds provided under the previous paragraph, not less than 
$200,000,000 shall be available for conducting continuing disability 
reviews.
    In addition to funding already available under this heading, and 
subject to the same terms and conditions, $160,000,000, to remain 
available until September 30, 1998, for continuing disability reviews 
as authorized by section 103 of Public Law 104-121. The term 
``continuing disability reviews'' has the meaning given such term by 
section 201(g)(1)(A) of the Social Security Act.
    In addition to funding already available under this heading, and 
subject to the same terms and conditions, $250,073,000, 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, $6,335,000, together with not to exceed $21,089,000, 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, $223,000,000, 
which shall include amounts becoming available in fiscal year 1997 
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 $223,000,000: 
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, 1998, 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 for 
administration of the Railroad Retirement Act and the Railroad 
Unemployment Insurance Act, $87,898,000, to be derived in such amounts 
as determined by the Board from the railroad retirement accounts and 
from moneys credited to the railroad unemployment insurance 
administration fund.

             limitation on the office of inspector general

    For expenses necessary for the Office of Inspector General for 
audit, investigatory and review activities, as authorized by the 
Inspector General Act of 1978, as amended, not more than $5,268,000, to 
be derived from the railroad retirement accounts and railroad 
unemployment insurance account: Provided, That none of the funds made 
available in this Act may be transferred to the Office from the 
Department of Health and Human Services, or used to carry out any such 
transfer: Provided further, That none of the funds made available in 
this paragraph may be used for any audit, investigation, or review of 
the Medicare program.

                    United States Institute of Peace

                           operating expenses

    For necessary expenses of the United States Institute of Peace as 
authorized in the United States Institute of Peace Act, $11,160,000.

                      TITLE V--GENERAL PROVISIONS

    Sec. 501. The Secretaries of Labor, Health and Human 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 video 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.
    (c) Prohibition of Contracts With Persons Falsely Labeling Products 
as Made in America.--If it has been finally determined by a court or 
Federal agency that any person intentionally affixed a label bearing a 
``Made in America'' inscription, or any inscription with the same 
meaning, to any product sold in or shipped to the United States that is 
not made in the United States, the person shall be ineligible to 
receive any contract or subcontract made with funds made available in 
this Act, pursuant to the debarment, suspension, and ineligibility 
procedures described in sections 9.400 through 9.409 of title 48, Code 
of Federal Regulations.
    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. 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. 510. None of the funds made available in this Act may be used 
for the expenses of an electronic benefit transfer (EBT) task force.
    Sec. 511. None of the funds made available in this Act may be used 
to enforce the requirements of section 428(b)(1)(U)(iii) of the Higher 
Education Act of 1965 with respect to any lender when it is made known 
to the Federal official having authority to obligate or expend such 
funds that the lender has a loan portfolio under part B of title IV of 
such Act that is equal to or less than $5,000,000.
    Sec. 512. (a) 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 section 498(b) of the 
        Public Health Service Act (42 U.S.C. 289g(b)).
    (b) For purposes of this section, the term ``human embryo or 
embryos'' include any organism, not protected as a human subject under 
45 CFR 46 as of the date of the enactment of this Act, that is derived 
by fertilization, parthenogenesis, cloning, or any other means from one 
or more human gametes.
    Sec. 513. None of the funds made available in this Act may be used 
by the National Labor Relations Board to assert jurisdiction over any 
labor dispute when it is made known to the Federal official having 
authority to obligate or expend such funds that--
            (1) the labor dispute does not involve any class or 
        category of employer over which the Board would assert 
        jurisdiction under the standards prevailing on August 1, 1959, 
        with each financial threshold amount adjusted for inflation 
        by--
                    (A) using changes in the Consumer Price Index for 
                all urban consumers published by the Department of 
                Labor;
                    (B) using as the base period the later of (i) the 
                most recent calendar quarter ending before the 
                financial threshold amount was established; or (ii) the 
                calendar quarter ending June 30, 1959; and
                    (C) rounding the adjusted financial threshold 
                amount to the nearest $10,000; and
            (2) the effect of the labor dispute on interstate commerce 
        is not otherwise sufficiently substantial to warrant the 
        exercise of the Board's jurisdiction.
    Sec. 514. None of the funds made available in this Act may be used 
to provide any direct benefit or assistance to any individual in the 
United States when it is made known to the Federal official having 
authority to obligate or expend such funds that--
            (1) the individual is not lawfully within the United 
        States; and
            (2) the benefit or assistance to be provided is other than 
        emergency medical assistance; a benefit mandated by the federal 
        courts to be provided by the State; or public health assistance 
        for immunizations with respect to immunizable diseases, testing 
        and treatment for communicable diseases, and treatment for 
        symptoms of communicable diseases whether or not such symptoms 
        are actually caused by a communicable disease.
    Sec. 515. The Mine Safety and Health Administration shall not close 
or relocate any safety and health technology center until after 
submitting to the Committee on Appropriations of the House of 
Representatives a detailed analysis of the cost savings anticipated 
from such action and the effects of such action on the provision of 
services, including timely on-site assistance during mine emergencies.
    Sec. 516. (a) Limitation on Use of Funds for Promotion of 
Legalization of Controlled Substances.--None of the funds made 
available in this Act may be used for any activity when it is made 
known to the Federal official having authority to obligate or expend 
such funds that the activity promotes the legalization of any drug or 
other substance included in schedule I of the schedules of controlled 
substances established by section 202 of the Controlled Substances Act 
(21 U.S.C. 812).
    (b) Exceptions.--The limitation in subsection (a) shall not apply 
when it is made known to the Federal official having authority to 
obligate or expend such funds that there is significant medical 
evidence of a therapeutic advantage to the use of such drug or other 
substance or that Federally-sponsored clinical trials are being 
conducted to determine therapeutic advantage.
    Sec. 517. (a) Denial of Funds for Preventing ROTC Access to 
Campus.--None of the funds made available in this Act may be provided 
by contract or by grant (including a grant of funds to be available for 
student aid) to an institution of higher education when it is made 
known to the Federal official having authority to obligate or expend 
such funds that the institution (or any subelement thereof) has a 
policy or practice (regardless of when implemented) that prohibits, or 
in effect prevents--
            (1) the maintaining, establishing, or operation of a unit 
        of the Senior Reserve Officer Training Corps (in accordance 
        with section 654 of title 10, United States Code, and other 
        applicable Federal laws) at the institution (or subelement); or
            (2) a student at the institution (or subelement) from 
        enrolling in a unit of the Senior Reserve Officer Training 
        Corps at another institution of higher education.
    (b) Exception.--The limitation established in subsection (a) shall 
not apply to an institution of higher education when it is made known 
to the Federal official having authority to obligate or expend such 
funds that--
            (1) the institution (or subelement) has ceased the policy 
        or practice described in such subsection; or
            (2) the institution has a longstanding policy of pacifism 
        based on historical religious affiliation.
    Sec. 518. (a) Denial of Funds for Preventing Federal Military 
Recruiting on Campus.--None of the funds made available in this Act may 
be provided by contract or grant (including a grant of funds to be 
available for student aid) to any institution of higher education when 
it is made known to the Federal official having authority to obligate 
or expend such funds that the institution (or any subelement thereof) 
has a policy or practice (regardless of when implemented) that 
prohibits, or in effect prevents--
            (1) entry to campuses, or access to students (who are 17 
        years of age or older) on campuses, for purposes of Federal 
        military recruiting; or
            (2) access to the following information pertaining to 
        students (who are 17 years of age or older) for purposes of 
        Federal military recruiting: student names, addresses, 
        telephone listings, dates and places of birth, levels of 
        education, degrees received, prior military experience, and the 
        most recent previous educational institutions enrolled in by 
        the students.
    (b) Exception.--The limitation established in subsection (a) shall 
not apply to an institution of higher education when it is made known 
to the Federal official having authority to obligate or expend such 
funds that--
            (1) the institution (or subelement) has ceased the policy 
        or practice described in such subsection; or
            (2) the institution has a longstanding policy of pacifism 
        based on historical religious affiliation.
    Sec. 519. None of the funds made available in this Act may be 
obligated or expended to enter into or renew a contract with an entity 
when it is made known to the Federal official having authority to 
obligate or expend such funds that--
            (1) such entity is otherwise a contractor with the United 
        States and is subject to the requirement in section 4212(d) of 
        title 38, United States Code, regarding submission of an annual 
        report to the Secretary of Labor concerning employment of 
        certain veterans; and
            (2) such entity has not submitted a report as required by 
        that section for the most recent year for which such 
        requirement was applicable to such entity.
    Sec. 520. None of the funds made available in this Act to the 
Department of Labor may be used to enforce section 1926.28(a) of title 
29, Code of Federal Regulations, with respect to any operation, when it 
is made known to the Federal official having authority to obligate or 
expend such funds that such enforcement pertains to a requirement that 
workers wear long pants and such requirement would cause workers to 
experience extreme discomfort due to excessively high air temperatures.
    Sec. 521. None of the funds made available in this Act may be used 
to order, direct, enforce, or compel any employer to pay backpay to any 
employee for any period when it is made known to the Federal official 
to whom the funds are made available that during such period the 
employee was not lawfully entitled to be present and employed in the 
United States.
    Sec. 522. (a) Limitation on Transfers from Medicare Trust Funds.--
None of the funds made available in this Act under the heading ``Title 
II--Department of Health and Human Services--Health Care Financing 
Administration--Program Management'' for transfer from the Federal 
Hospital Insurance Trust Fund or the Federal Supplementary Medical 
Insurance Trust Fund may be used for expenditures for official time for 
employees of the Department of Health and Human Services pursuant to 
section 7131 of title 5, United States Code, or for facilities or 
support services for labor organizations pursuant to policies, 
regulations, or procedures referred to in section 7135(b) of such 
title.
    (b) Limitation on Transfers from OASDI Trust Funds.--None of the 
funds made available in this Act under the heading ``Title IV--Related 
Agencies--Social Security Administration--Limitation on Administrative 
Expenses'' for transfer from the Federal Old-Age and Survivors 
Insurance Trust Fund or the Federal Disability Insurance Trust Fund may 
be used for expenditures for official time for employees of the Social 
Security Administration pursuant to section 7131 of title 5, United 
States Code, or for facilities or support services for labor 
organizations pursuant to policies, regulations, or procedures referred 
to in section 7135(b) of such title.
    Sec. 523. None of the funds appropriated in this Act may be made 
available to any entity under title X of the Public Health Service Act 
unless it is made known to the Federal official having authority to 
obligate or expend such funds that the applicant for the award 
certifies to the Secretary that it encourages family participation in 
the decision of the minor to seek family planning services.
    This Act may be cited as the ``Departments of Labor, Health and 
Human Services, and Education, and Related Agencies Appropriations Act, 
1997''.

            Passed the House of Representatives July 12 (legislative 
      day of July 11), 1996.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.