[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2264 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                                                    September 17, 1997.
      Resolved, That the bill from the House of Representatives (H.R. 
2264) entitled ``An Act making appropriations for the Departments of 
Labor, Health and Human Services, and Education, and related agencies 
for the fiscal year ending September 30, 1998, and for other 
purposes.'', do pass with the following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

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, 1998, and for other purposes, namely:

                      TITLE I--DEPARTMENT OF LABOR

                 Employment and Training Administration

                    training and employment services

    For necessary expenses of the Job Training Partnership Act, as 
amended, including the purchase and hire of passenger motor vehicles, 
the construction, alteration, and repair of buildings and other 
facilities, and the purchase of real property for training centers as 
authorized by the Job Training Partnership Act; the Stewart B. McKinney 
Homeless Assistance Act; the Women in Apprenticeship and Nontraditional 
Occupations Act; the National Skill Standards Act of 1994; and the 
School-to-Work Opportunities Act; $5,010,053,000 plus reimbursements, 
of which $3,815,062,000 is available for obligation for the period July 
1, 1998 through June 30, 1999; of which $118,491,000 is available for 
the period July 1, 1998 through June 30, 2001 for necessary expenses of 
construction, rehabilitation, and acquisition of Job Corps centers; and 
of which $200,000,000 shall be available from July 1, 1998 through 
September 30, 1999, for carrying out activities of the School-to-Work 
Opportunities Act: Provided, That $55,127,000 shall be for carrying out 
section 401 of the Job Training Partnership Act, $72,749,000 shall be 
for carrying out section 402 of such Act, $7,300,000 shall be for 
carrying out section 441 of such Act, $10,000,000 shall be for all 
activities conducted by and through the National Occupational 
Information Coordinating Committee under such Act, $955,000,000 shall 
be for carrying out title II, part A of such Act, and $129,965,000 
shall be for carrying out title II, part C of such Act: Provided 
further, That the National Occupational Information Coordinating 
Committee is authorized, effective upon enactment, to charge fees for 
publications, training and technical assistance developed by the 
National Occupational Information Coordinating Committee: Provided 
further, That revenues received from publications and delivery of 
technical assistance and training, notwithstanding 31 U.S.C. 3302, 
shall be credited to the National Occupational Information Coordinating 
Committee program account and shall be available to the National 
Occupational Information Coordinating Committee without further 
appropriations, so long as such revenues are used for authorized 
activities of the National Occupational Information Coordinating 
Committee: Provided further, That no funds from any other appropriation 
shall be used to provide meal services at or for Job Corps centers: 
Provided further, That funds provided for title III of the Job Training 
Partnership Act shall not be subject to the limitation contained in 
subsection (b) of section 315 of such Act; that the waiver described in 
section 315(a)(2) may be granted if a substate grantee 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 for 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 enrollment requirements 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 
funds provided to carry out section 324 of such Act may be used for 
demonstation projects that provide assistance to new entrants in the 
workforce and incumbent workers: Provided further, That service 
delivery areas may transfer funding provided herein under authority of 
title II, parts B and C of the Job Training Partnership Act between the 
programs authorized by those titles of the Act, if the transfer is 
approved by the Governor: Provided further, That service delivery areas 
and substate areas may transfer up to 20 percent of the funding 
provided herein under authority of title II, part A and title III of 
the Job Training Partnership Act between the programs authorized by 
those titles of the Act, if such transfer is approved by the 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: Provided 
further, That notwithstanding any other provision of law, the Secretary 
of Labor may waive any of the statutory or regulatory requirements of 
titles I-III of the Job Training Partnership Act (except for 
requirements relating to wage and labor standards, worker rights, 
participation and protection, grievance procedures and judicial review, 
nondiscrimination, allocation of funds to local areas, eligibility, 
review and approval of plans, the establishment and functions of 
service delivery areas and private industry councils, and the basic 
purposes of the Act), and any of the statutory or regulatory 
requirements of sections 8-10 of the Wagner-Peyser Act (except for 
requirements relating to the provision of services to unemployment 
insurance claimants and veterans, and to universal access to basic 
labor exchange services without cost to job seekers), only for funds 
available for expenditure in program year 1998, pursuant to a request 
submitted by a State which identifies the statutory or regulatory 
requirements that are requested to be waived and the goals which the 
State or local service delivery areas intend to achieve, describes the 
actions that the State or local service delivery areas have undertaken 
to remove State or local statutory or regulatory barriers, describes 
the goals of the waiver and the expected programmatic outcomes if the 
request is granted, describes the individuals impacted by the waiver, 
and describes the process used to monitor the progress in implementing 
a waiver, and for which notice and an opportunity to comment on such 
request has been provided to the organizations identified in section 
105(a)(1) of the Job Training Partnership Act, if and only to the 
extent that the Secretary determines that such requirements impede the 
ability of the State to implement a plan to improve the workforce 
development system and the State has executed a Memorandum of 
Understanding with the Secretary requiring such State to meet agreed 
upon outcomes and implement other appropriate measures to ensure 
accountability: Provided further, That the Secretary of Labor shall 
establish a workforce flexibility (work-flex) partnership demonstration 
program under which the Secretary shall authorize not more than six 
States, of which at least three States shall each have populations not 
in excess of 3,500,000, with a preference given to those States that 
have been designated Ed-Flex Partnership States under section 311(e) of 
Public Law 103-227, to waive any statutory or regulatory requirement 
applicable to service delivery areas or substate areas within the State 
under titles I-III of the Job Training Partnership Act (except for 
requirements relating to wage and labor standards, grievance procedures 
and judicial review, nondiscrimination, allotment of funds, and 
eligibility), and any of the statutory or regulatory requirements of 
sections 8-10 of the Wagner-Peyser Act (except for requirements 
relating to the provision of services to unemployment insurance 
claimants and veterans, and to universal access to basic labor exchange 
services without cost to job seekers), for a duration not to exceed the 
waiver period authorized under section 311(e) of Public Law 103-227, 
pursuant to a plan submitted by such States and approved by the 
Secretary for the provision of workforce employment and training 
activities in the States, which includes a description of the process 
by which service delivery areas and substate areas may apply for and 
have waivers approved by the State, the requirements of the Wagner-
Peyser Act to be waived, the outcomes to be achieved and other measures 
to be taken to ensure appropriate accountability for Federal funds.
    For necessary expenses of Opportunity Areas of Out-of-School Youth, 
in addition to amounts otherwise provided herein, $250,000,000, to be 
available for obligation for the period October 1, 1998 through 
September 30, 1999, if job training reform legislation authorizing this 
or similar at-risk youth projects is enacted by April 1, 1998.

            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, $353,340,000.
    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, $99,660,000.
    The funds appropriated under this heading shall be transferred to 
and merged with the Department of Health and Human Services, ``Aging 
Services Programs'', for the same purposes and the same period as the 
account to which transferred, following the enactment of legislation 
authorizing the administration of the program by that Department.

              federal unemployment benefits and allowances

    For payments during the current fiscal year of trade adjustment 
benefit payments and allowances under part I; and for training, 
allowances for job search and relocation, and related State 
administrative expenses under part II, subchapters B and D, chapter 2, 
title II of the Trade Act of 1974, as amended, $349,000,000, together 
with such amounts as may be necessary to be charged to the subsequent 
appropriation for payments for any period subsequent to September 15 of 
the current year.

     state unemployment insurance and employment service operations

    For authorized administrative expenses, $173,452,000, together with 
not to exceed $3,288,476,000 (including not to exceed $1,228,000 which 
may be used for amortization payments to States which had independent 
retirement plans in their State employment service agencies prior to 
1980, and including not to exceed $2,000,000 which may be obligated in 
contracts with non-State entities for activities such as occupational 
and test research activities which benefit the Federal-State Employment 
Service System), which may be expended from the Employment Security 
Administration account in the Unemployment Trust Fund including the 
cost of administering section 1201 of the Small Business Job Protection 
Act of 1996, section 7(d) of the Wagner-Peyser Act, as amended, the 
Trade Act of 1974, as amended, the Immigration Act of 1990, and the 
Immigration and Nationality Act, as amended, and of which the sums 
available in the allocation for activities authorized by title III of 
the Social Security Act, as amended (42 U.S.C. 502-504), and the sums 
available in the allocation for necessary administrative expenses for 
carrying out 5 U.S.C. 8501-8523, shall be available for obligation by 
the States through December 31, 1998, except that funds used for 
automation acquisitions shall be available for obligation by States 
through September 30, 2000; and of which $173,452,000, together with 
not to exceed $738,283,000 of the amount which may be expended from 
said trust fund, shall be available for obligation for the period July 
1, 1998 through June 30, 1999, to fund activities under the Act of June 
6, 1933, as amended, including the cost of penalty mail authorized 
under 39 U.S.C. 3202(a)(1)(E) made available to States in lieu of 
allotments for such purpose, and of which $150,000,000 shall be 
available solely for the purpose of assisting States to convert their 
automated State employment security agency systems to be year 2000 
compliant, and of which $212,333,000 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 1998 is projected by the Department 
of Labor to exceed 2,789,000 an additional $28,600,000 shall be 
available for obligation for every 100,000 increase in the AWIU level 
(including a pro rata amount for any increment less than 100,000) from 
the 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, 1999, $392,000,000.
     In addition, for making repayable advances to the Black Lung 
Disability Trust Fund in the current fiscal year after September 15, 
1998, for costs incurred by the Black Lung Disability Trust Fund in the 
current fiscal year, such sums as may be necessary.

                         program administration

    For expenses of administering employment and training programs, 
$88,308,000, together with not to exceed $41,285,000, 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 the Pension and Welfare Benefits 
Administration, $82,000,000, of which $3,000,000 shall remain available 
through September 30, 1999 for expenses of completing the revision of 
the processing of employee benefit plan returns.

                  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, 1998, for such Corporation: Provided, 
That not to exceed $10,433,000 shall be available for administrative 
expenses of the Corporation: Provided further, That expenses of such 
Corporation in connection with the termination of pension plans, for 
the acquisition, protection or management, and investment of trust 
assets, and for benefits administration services shall be considered as 
non-administrative expenses for the purposes hereof, and excluded from 
the above limitation.

                  Employment Standards Administration

                         salaries and expenses

    For necessary expenses for the Employment Standards Administration, 
including reimbursement to State, Federal, and local agencies and their 
employees for inspection services rendered, $299,660,000, together with 
$993,000 which may be expended from the Special Fund in accordance with 
sections 39(c) and 44(j) of the Longshore and Harbor Workers' 
Compensation Act: Provided further, That the Secretary of Labor is 
authorized to accept, retain, and spend, until expended, in the name of 
the Department of Labor, all sums of money ordered to be paid to the 
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, $201,000,000 together with such amounts 
as may be necessary to be charged to the subsequent year appropriation 
for the payment of compensation and other benefits for any period 
subsequent to August 15 of the current year: Provided, That amounts 
appropriated may be used under section 8104 of title 5, United States 
Code, by the Secretary to reimburse an employer, who is not the 
employer at the time of injury, for portions of the salary of a 
reemployed, disabled beneficiary: Provided further, That balances of 
reimbursements unobligated on September 30, 1997, shall remain 
available until expended for the payment of compensation, benefits, and 
expenses: Provided further, That in addition there shall be 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, 1998: Provided further, That of those funds 
transferred to this account from the fair share entities to pay the 
cost of administration, $7,269,000 shall be made available to the 
Secretary of Labor for expenditures relating to capital improvements in 
support of Federal Employees' 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 chapter 
81 of title 5, United States Code, or 33 U.S.C. 901 et seq., provide as 
part of such notice and claim, such identifying information (including 
Social Security account number) as such regulations may prescribe.

                    black lung disability trust fund

                     (including transfer of funds)

    For payments from the Black Lung Disability Trust Fund, 
$1,007,000,000, of which $960,650,000 shall be available until 
September 30, 1999, for payment of all benefits as authorized by 
section 9501(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 $26,147,000 shall be available for 
transfer to Employment Standards Administration, Salaries and Expenses, 
$19,551,000 for transfer to Departmental Management, Salaries and 
Expenses, $296,000 for transfer to Departmental Management, Office of 
Inspector General, and $356,000 for payment into miscellaneous receipts 
for the expenses of the Department of Treasury, for expenses of 
operation and administration of the Black Lung Benefits program as 
authorized by section 9501(d)(5) of that Act: Provided, That, in 
addition, such amounts as may be necessary may be 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.

             Occupational Safety and Health Administration

                         salaries and expenses

    For necessary expenses for the Occupational Safety and Health 
Administration, $336,205,000, including not to exceed $77,941,000 which 
shall be the maximum amount available for grants to States under 
section 23(g) of the Occupational 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, notwithstanding 31 U.S.C. 3302, the Secretary of Labor is 
authorized, during the fiscal year ending September 30, 1998, to 
collect and retain fees for services provided to Nationally Recognized 
Testing Laboratories, and may utilize such sums, in accordance with the 
provisions of 29 U.S.C. 9a, to administer national and international 
laboratory recognition programs that ensure the safety of equipment and 
products used by workers in the workplace: Provided further, 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, $205,804,000, 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, $320,097,000, of 
which $15,430,000 shall be for expenses of revising the Consumer Price 
Index and shall remain available until September 30, 1999, together 
with not to exceed $52,574,000, 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 $4,439,000 for the 
President's Committee on Employment of People With Disabilities, 
$152,131,000; together with not to exceed $282,000, 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): Provided further, That no funds made available by this 
Act may be used by the Secretary of Labor to review a decision under 
the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 901 et 
seq.) that has been appealed and that has been pending before the 
Benefits Review Board for more than 12 months: Provided further, That 
any such decision pending a review by the Benefits Review Board for 
more than one year shall be considered affirmed by the Benefits Review 
Board on that date, and shall be considered the final order of the 
Board for purposes of obtaining a review in the United States courts of 
appeals: Provided further, That these provisions shall not be 
applicable to the review of any decision issued under the Black Lung 
Benefits Act (30 U.S.C. 901 et seq.).

                          working capital fund

    The paragraph under this heading in Public Law 85-67 (29 U.S.C. 
563) is amended by striking the last period and inserting after 
``appropriation action'' the following: ``: Provided further, That the 
Secretary of Labor may transfer annually an amount not to exceed 
$3,000,000 from unobligated balances in the Department's salaries and 
expenses accounts, to the unobligated balance of the Working Capital 
Fund, to be merged with such Fund and used for the acquisition of 
capital equipment and the improvement of financial management, 
information technology and other support systems, and to remain 
available until expended: Provided further, That the unobligated 
balance of the Fund shall not exceed $20,000,000.''.

        assistant secretary for veterans employment and training

    Not to exceed $181,955,000 may be derived from the 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, 1998.

                      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, $43,105,000, together with not to exceed $3,645,000, 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. None of the funds made available in this Act may be used 
by the Occupational Safety and Health Administration to promulgate or 
issue any proposed or final standard regarding ergonomic protection 
before September 30, 1998: Provided, That nothing in this section shall 
be construed to limit the Occupational Safety and Health Administration 
from issuing voluntary guidelines on ergonomic protection or from 
developing a proposed standard regarding ergonomic protection: Provided 
further, That no funds made available in this Act may be used by the 
Occupational Safety and Health Administration to enforce voluntary 
guidelines through section 5 (general duty clause) of the Occupational 
Safety and Health Act.
    Sec. 105. Section 13(b)(12) of the Fair Labor Standards Act of 1938 
(29 U.S.C. 213(b)(12)) is amended by inserting after ``water'' the 
following: ``, at least 90 percent of which is ultimately delivered''.
    Sec. 106. (a) In General.--Except as provided in subsection (b), 
none of the funds made available under this Act, or any other Act 
making appropriations for fiscal year 1998, may be used by the 
Department of Labor or the Department of Justice to conduct a rerun of 
a 1996 election for the office of President, General Secretary, Vice-
President, or Trustee of the International Brotherhood of Teamsters.
    (b) Exception.--
            (1) In general.--Upon the submission to Congress of a 
        certification by the President of the United States that the 
        International Brotherhood of Teamsters does not have funds 
        sufficient to conduct a rerun of a 1996 election for the office 
        of President, General Secretary, Vice-President, or Trustee of 
        the International Brotherhood of Teamsters, the President of 
        the United States may transfer funds from the Department of 
        Justice and the Department of Labor for the conduct and 
        oversight of such a rerun election.
            (2) Requirement.--Prior to the transfer of funds under 
        paragraph (1), the International Brotherhood of Teamsters shall 
        agree to repay the Secretary of the Treasury for the costs 
        incurred by the Department of Labor and the Department of 
        Justice in connection with the conduct of an election described 
        in paragraph (1). Such agreement shall provide that any such 
        repayment plan be reasonable and practicable, as determined by 
        the Attorney General and the Secretary of the Treasury, and be 
        structured in a manner that permits the International 
        Brotherhood of Teamsters to continue to operate.
            (3) Repayment plan.--The International Brotherhood of 
        Teamsters shall submit to the President of the United States, 
        the Majority and Minority Leaders of the Senate, the Majority 
        and Minority Leaders of the House of Representatives, and the 
        Speaker of the House of Representatives, a plan for the 
        repayment of amounts described in paragraph (2), at an interest 
        rate equal to the Federal underpayment rate established under 
        section 6621(a)(2) of the Internal Revenue Code of 1986 as in 
        effect for the calender quarter in which the plan is submitted, 
        prior to the expenditure of any funds under this section.
    (c) Effective Date.--This section shall take effect one day after 
enactment of this Act.
    This title may be cited as the ``Department of Labor Appropriations 
Act, 1998''.

           TITLE II--DEPARTMENT OF HEALTH AND HUMAN SERVICES

              Health Resources and Services Administration

                     health resources and services

    For carrying out titles II, III, VII, VIII, X, XII, XVI, XIX, and 
XXVI of the Public Health Service Act, section 427(a) of the Federal 
Coal Mine Health and Safety Act, title V of the Social Security Act, 
and the Health Care Quality Improvement Act of 1986, as amended, and 
the Native Hawaiian Health Care Act of 1988, as amended, 
$3,449,071,000, of which $225,000 shall remain available until expended 
for interest subsidies on loan guarantees made prior to fiscal year 
1981 under part B of title VII of the Public Health Service Act: 
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 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, $208,452,000 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 $217,000,000 shall 
be for State AIDS Drug Assistance Programs authorized by section 2616 
of the Public Health Service Act: Provided further, That 
notwithstanding any other provision of law, funds made available under 
this heading may be used to continue operating the Council on Graduate 
Medical Education established by section 301 of Public Law 102-408: 
Provided further, That, of the funds made available under this heading, 
not more than $6,000,000 shall be made available and shall remain 
available until expended for loan guarantees for loans funded under 
part A of title XVI of the Public Health Service Act as amended, made 
by non-Federal lenders for the construction, renovation, and 
modernization of medical facilities that are owned and operated by 
health centers, and for loans made to health centers under section 
330(d) of the Public Health Service Act as amended by Public Law 104-
299, and that such funds be available to subsidize guarantees of total 
loan principal in an amount not to exceed $80,000,000: Provided 
further, That notwithstanding section 502(a)(1) of the Social Security 
Act, not to exceed $103,609,000 is available for carrying out special 
projects of regional and national significance pursuant to section 
501(a)(2) of such Act.

               medical facilities guarantee and loan fund

           federal interest subsidies for medical facilities

    For carrying out subsections (d) and (e) of section 1602 of the 
Public Health Service Act, $6,000,000, together with any amounts 
received by the Secretary in connection with loans and loan guarantees 
under title VI of the Public Health Service Act, to be available 
without fiscal year limitation for the payment of interest subsidies. 
During the fiscal year, no commitments for direct loans or loan 
guarantees shall be made.

               health education assistance loans program

                     (including transfer of funds)

    For the cost of guaranteed loans, such sums as may be 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 $85,000,000: Provided further, That the Secretary may use up to 
$1,000,000 derived by transfer from insurance premiums collected from 
guaranteed loans made under title VII of the Public Health Service Act 
for the purpose of carrying out section 709 of that Act. 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.

               Centers for Disease Control and Prevention

                disease control, research, and training

    To carry out titles II, III, VII, XI, XV, XVII, and XIX of the 
Public Health Service Act, sections 101, 102, 103, 201, 202, 203, 301, 
and 501 of the Federal Mine Safety and Health Act of 1977, and sections 
20, 21 and 22 of the Occupational Safety and Health Act of 1970, title 
IV of the Immigration and Nationality Act and section 501 of the 
Refugee Education Assistance Act of 1980; including insurance of 
official motor vehicles in foreign countries; and hire, maintenance, 
and operation of aircraft, $2,317,113,000, of which $23,007,000 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 
$70,063,000 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: Provided further, That the Director may redirect the total 
amount made available under authority of Public Law 101-502, section 3, 
dated November 3, 1990, to activities the Director may so designate: 
Provided further, That the Congress is to be notified promptly of any 
such transfer.
    In addition, $51,000,000, 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, $2,558,377,000.

               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, $1,539,898,000.

                 national institute of dental research

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to dental disease, $211,611,000.

    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 disease, 
$883,321,000.

        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, 
$781,351,000.

         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, 
$1,359,688,000.

             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, $1,058,969,000.

        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, 
$676,870,000.

                         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, 
$357,695,000.

          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, 
$331,969,000.

                      national institute on aging

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to aging, $520,705,000.

 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, $272,631,000.

    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, 
$200,428,000.

                 national institute of nursing research

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to nursing research, $64,016,000.

           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, $228,585,000.

                    national institute on drug abuse

     For carrying out section 301 and title IV of the Public Health 
Service Act with respect to drug abuse, $531,751,000.

                  national institute of mental health

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to mental health, $753,334,000.

                national human genome research institute

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to human genome research, $218,851,000.

                 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, $455,805,000: Provided, That none of these funds shall 
be used to pay recipients of the general research support grants 
program any amount for indirect expenses in connection with such 
grants: Provided further, That $20,000,000 shall be for extramural 
facilities construction grants.

                  john e. fogarty international center

    For carrying out the activities at the John E. Fogarty 
International Center, $28,468,000.

                      national library of medicine

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to health information communications, 
$162,825,000, of which $4,000,000 shall be available until expended for 
improvement of information systems: Provided, That in fiscal year 1998, 
the Library may enter into personal services contracts for the 
provision of services in facilities owned, operated, or 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, $292,196,000 of which 
$40,266,000 shall be for the Office of AIDS Research: Provided, That 
funding shall be available for the purchase of not to exceed five 
passenger motor vehicles for replacement only: Provided further, That 
the Director may direct up to 1 percent of the total amount made 
available in this Act to all National Institutes of Health 
appropriations to activities the Director may so designate: Provided 
further, That no such appropriation shall be decreased by more than 1 
percent by any such transfers and that the Congress is promptly 
notified of the transfer: Provided further, That NIH is authorized to 
collect third party payments for the cost of clinical services that are 
incurred in National Institutes of Health research facilities and that 
such payments 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: Provided further, That up to 
$500,000 shall be available to carry out section 499 of the Public 
Health Service Act: Provided further, That $13,000,000 shall be 
available to carry out section 404E of the Public Health Service Act.

                        buildings and facilities

     For the study of, construction of, and acquisition of equipment 
for, facilities of or used by the National Institutes of Health, 
including the acquisition of real property, $203,500,000, 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, $2,126,643,000 of which $10,000,000 shall be for grants to 
rural and Native American projects: Provided, That in addition to 
amounts provided herein, up to $10,000,000 shall be available from 
amounts available under section 241 of the Public Health Service Act, 
for State-level data collection activities by the National Household 
Survey on Drug Abuse: Provided further, That notwithstanding any other 
provision of law, each State's allotment for fiscal year 1998 for each 
of the programs under subparts I and II of part B of title XIX of the 
Public Health Service Act shall be equal to such State's allotment for 
such programs for fiscal year 1997.

     retirement pay and medical benefits for commissioned officers

    For retirement pay and medical benefits of Public 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, $77,587,000; 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 
$65,000,000.

                  Health Care Financing Administration

                     grants to states for medicaid

    For carrying out, except as otherwise provided, titles XI and XIX 
of the Social Security Act, $71,602,429,000, to remain available until 
expended.
    For making, after May 31, 1998, payments to States under title XIX 
of the Social Security Act for the last quarter of fiscal year 1998 for 
unanticipated costs, incurred for the current fiscal year, such sums as 
may be necessary.
    For making payments to States under title XIX of the Social 
Security Act for the first quarter of fiscal year 1999, 
$27,800,689,000, to remain available until expended.
    Payment under title XIX may be made for any quarter with respect to 
a State plan or plan amendment in effect during such quarter, if 
submitted in or prior to such quarter and approved in that or any 
subsequent quarter.

                  payments to health care trust funds

    For payment to the Federal Hospital Insurance and the Federal 
Supplementary Medical Insurance Trust Funds, as provided under sections 
217(g) and 1844 of the Social Security Act, sections 103(c) and 111(d) 
of the Social Security Amendments of 1965, section 278(d) of Public Law 
97-248, and for administrative expenses incurred pursuant to section 
201(g) of the Social Security Act, $63,581,000,000.

                           program management

    For carrying out, except as otherwise provided, titles XI, XVIII, 
and XIX of the Social Security Act, titles XIII and XXVII of the Public 
Health Service Act, the Clinical Laboratory Improvement Amendments of 
1988, and section 191 of Public Law 104-191, not to exceed 
$1,719,241,000 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, and 
together with administrative fees collected relative to medicare 
overpayment recovery activities, which shall remain available until 
expended: Provided, That all funds derived in accordance with 31 U.S.C. 
9701 from organizations established under title XIII of the Public 
Health Service Act are to be credited to and available for carrying out 
the purposes of this appropriation: Provided further, That $900,000 
shall be for carrying out section 4021 of Public Law 105-33: Provided 
further, That in carrying out its legislative mandate, the National 
Bipartisan Commission on the Future of Medicare shall examine the role 
increased investments in health research can play in reducing future 
Medicare costs, and the potential for coordinating Medicare with cost-
effective long-term care services: Provided further, That $54,100,000 
appropriated under this heading for the development of, transition to, 
and implementation of the Medicare Transaction System shall remain 
available until expended: Provided further, That $2,000,000 of the 
amount available for research, demonstration, and evaluation activities 
shall be available for carrying out demonstration projects on Medicaid 
coverage of community-based attendant care services for people with 
disabilities which ensures maximum control by the consumer to select 
and manage their attendant care services: Provided further, That no 
less than $50,000,000 appropriated under this heading in fiscal year 
1997 shall be obligated in fiscal year 1997 to increase medicare 
provider audits and implement the Department's corrective action plan 
to the Chief Financial Officer's audit of the Health Care Financing 
Administration's oversight of medicare.

      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 1998, 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 each State for carrying out the program of 
Aid to Families with Dependent Children under title IV-A of the Social 
Security Act before the effective date of the program of Temporary 
Assistance to Needy Families (TANF) with respect to such State, such 
sums as may be necessary: Provided, That the sum of the amounts 
available to a State with respect to expenditures under such title IV-A 
in fiscal year 1997 under this appropriation and under such title IV-A 
as amended by the Personal Responsibility and Work Opportunity 
Reconciliation Act of 1996 shall not exceed the limitations under 
section 116(b) of such Act: Provided further, That, notwithstanding 
section 418(a) of the Social Security Act, for fiscal year 1997 only, 
the amount of payment under section 418(a)(1) to which each State is 
entitled shall equal the amount specified as mandatory funds with 
respect to such State for such fiscal year in the table transmitted by 
the Administration for Children and Families to State Child Care and 
Development Block Grant Lead Agencies on August 27, 1996, and the 
amount of State expenditures in fiscal year 1994 or 1995 (whichever is 
greater) that equals the non-Federal share for the programs described 
in section 418(a)(1)(A) shall be deemed to equal the amount specified 
as maintenance of effort with respect to such State for fiscal year 
1997 in such table.
    For making, after May 31 of the current fiscal year, payments to 
States or other non-Federal entities under titles I, IV-D, X, XI, XIV, 
and XVI of the Social Security Act and the Act of July 5, 1960 (24 
U.S.C. ch. 9), for the last three months of the current year for 
unanticipated costs, incurred for the current fiscal year, such sums as 
may be necessary.
    For making payments to States or other non-Federal entities under 
titles I, IV-D, X, XI, XIV, and 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 1999, $660,000,000, to remain available until expended.

                   low income home energy assistance

    For making payments under title XXVI of the Omnibus Budget 
Reconciliation Act of 1981, $1,200,000,000, to be available for 
obligation in the period October 1, 1998 through September 30, 1999.
    For making payments under title XXVI of such Act, $300,000,000: 
Provided, That these funds are hereby designated by Congress to be 
emergency requirements pursuant to section 251(b)(2)(D) of the Balanced 
Budget and Emergency Deficit Control Act of 1985: Provided further, 
That these funds shall be made available only after submission to 
Congress of a formal budget request by the President that includes 
designation of the entire amount of the request as an emergency 
requirement as defined in the Balanced Budget and Emergency Deficit 
Control Act.

                     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), $392,332,000: Provided, That funds appropriated pursuant to 
section 414(a) of the Immigration and Nationality Act under Public Law 
104-134 for fiscal year 1996 shall be available for the costs of 
assistance provided and other activities conducted in such year and in 
fiscal years 1997 and 1998.

                 child care and development block grant

    For carrying out sections 658A through 658R of the Omnibus Budget 
Reconciliation Act of 1981 (The Child Care and Development Block Grant 
Act of 1990), in addition to amounts already appropriated for fiscal 
year 1998, $26,120,000; and to become available on October 1, 1998 and 
remain available through September 30, 1999, $1,000,000,000: Provided, 
That of funds appropriated for each of fiscal years 1998 and 1999, 
$19,120,000 shall be available for child care resource and referral and 
school-aged child care activities, of which for fiscal year 1998 
$6,120,000 shall be derived from an amount that shall be transferred 
from the amount appropriated under section 452(j) of the Social 
Security Act (42 U.S.C. 652(j)) for fiscal year 1997 and remaining 
available for expenditure.

                      social services block grant

    For making grants to States pursuant to section 2002 of the Social 
Security Act, $2,245,000,000: Provided, That notwithstanding section 
2003(c) of such Act, as amended, the amount specified for allocation 
under such section for fiscal year 1998 shall be $2,245,000,000.

                children and families services programs

                        (including rescissions)

    For carrying out, except as otherwise provided, the Runaway and 
Homeless Youth Act, the Developmental Disabilities Assistance and Bill 
of Rights Act, the Head Start Act, the Child Abuse Prevention and 
Treatment Act, (including section 105(a)(2) of the Child Abuse 
Prevention and Treatment Act), the Native American Programs Act of 
1974, title II of Public Law 95-266 (adoption opportunities), the 
Abandoned Infants Assistance Act of 1988, part B(1) of title IV and 
sections 413, 429A and 1110 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, $5,611,094,000, of which 
$539,432,000 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: Provided further, That notwithstanding any other provision of 
law, 10 percent of any additional funds for Head Start over the fiscal 
year 1997 appropriation shall be made available for Early Head Start 
programs.
    In addition, $93,000,000, to be derived from the Violent Crime 
Reduction Trust Fund, for carrying out sections 40155, 40211 and 40241 
of Public Law 103-322.
    Funds appropriated for fiscal year 1998 under section 429A(e), part 
B of title IV of the Social Security Act shall be reduced by 
$6,000,000.
    Funds appropriated for fiscal year 1998 under section 413(h)(1) of 
the Social Security Act shall be reduced by $15,000,000.

                    family preservation and support

    For carrying out section 430 of the Social Security Act, 
$255,000,000.

       payments to states for foster care and adoption assistance

    For making payments to States or other non-Federal entities, under 
title IV-E of the Social Security Act, $3,200,000,000.
    For making payments to States or other non-Federal entities, under 
title IV-E of the Social Security Act, for the first quarter of fiscal 
year 1999, $1,157,500,000.

                        Administration on Aging

                        aging services programs

    For carrying out, to the extent not otherwise provided, the Older 
Americans Act of 1965, as amended, $894,074,000: Provided, That 
notwithstanding section 308(b)(1) of such Act, the amounts available to 
each State for administration of the State plan under title III of such 
Act shall be reduced not more than 5 percent below the amount that was 
available to such State for such purpose for fiscal year 1995: Provided 
further, That of the funds appropriated to carry out section 303(a)(1) 
of such Act, $4,449,000 shall be available for carrying out section 
702(a) of such Act and $4,732,000 shall be available for carrying out 
section 702(c) of such Act: Provided further, That in considering grant 
applications for nutrition services for elder Indian recipients, the 
Assistant Secretary shall provide maximum flexibility to applicants who 
seek to take into account subsistence, local customs, and other 
characteristics that are appropriate to the unique cultural, regional, 
and geographic needs of the American Indian, Alaskan and Hawaiian 
native communities to be served.

                        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, the 
United States-Mexico Border Health Commission Act, and research studies 
under section 1110 of the Socal Security Act, $174,588,000, 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.

                      office of inspector general

    For expenses necessary for the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $31,921,000.

                        office for civil rights

    For expenses necessary for the Office for Civil Rights, 
$16,345,000, together with not to exceed $3,314,000, to be 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, $9,500,000.

                           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 appropriated in this Act for the 
National Institutes of Health and the Substance Abuse and Mental Health 
Services Administration shall be used to pay the salary of an 
individual, through a grant or other extramural mechanism, at a rate in 
excess of $125,000 per year.
    Sec. 205. None of the 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.
    Sec. 206. None of the funds appropriated in this Act may be 
obligated or expended for the Federal Council on Aging under the Older 
Americans Act or the Advisory Board on Child Abuse and Neglect under 
the Child Abuse Prevention and Treatment Act.

                          (transfer of funds)

    Sec. 207. Not to exceed 1 percent of any discretionary funds 
(pursuant to the Balanced Budget and Emergency Deficit Control Act, as 
amended) which are appropriated for the current fiscal year for the 
Department of Health and Human Services in this Act may be transferred 
between appropriations, but no such 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. 208. The Director of the National Institutes of Health, 
jointly with the Director of the Office of AIDS Research, may transfer 
up to 3 percent among institutes, centers, and divisions from the total 
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.

                          (transfer of funds)

    Sec. 209. Of the amounts made available in this Act for the 
National Institutes of Health, the amount for research related to the 
human immunodeficiency virus, as jointly determined by the Director of 
NIH and the Director of the Office of AIDS Research, shall be made 
available to the ``Office of AIDS Research'' account. The Director of 
the Office of AIDS Research shall transfer from such account amounts 
necessary to carry out section 2353(d)(3) of the Public Health Service 
Act.
    Sec. 210. Funds appropriated in this Act for the National 
Institutes of Health may be used to provide transit subsidies in 
amounts consistent with the transportation subsidy programs authorized 
under section 629 of Public Law 101-509 to non-FTE bearing positions 
including trainees, visiting fellows and volunteers.

    comprehensive independent study of nih research priority setting

    Sec. 211. (a) Study by the Institute of Medicine.--Not later than 
30 days after the date of enactment of this Act, the Secretary of 
Health and Human Services shall enter into a contract with the 
Institute of Medicine to conduct a comprehensive study of the policies 
and process used by the National Institutes of Health to determine 
funding allocations for biomedical research.
    (b) Matters To Be Assessed.--The study under subsection (a) shall 
assess--
            (1) the factors or criteria used by the National Institutes 
        of Health to determine funding allocations for disease 
        research;
            (2) the process by which research funding decisions are 
        made;
            (3) the mechanisms for public input into the priority 
        setting process; and
            (4) the impact of statutory directives on research funding 
        decisions.
    (c) Report.--
            (1) In general.--Not later than 6 months after the date on 
        which the Secretary of Health and Human Services enters into 
        the contract under subsection (a), the Institute of Medicine 
        shall submit a report concerning the study to the Committee on 
        Labor and Human Resources and the Committee on Appropriations 
        of the Senate, and the Committee on Commerce and the Committee 
        on Appropriations of the House of Representatives.
            (2) Requirement.--The report under paragraph (1) shall set 
        forth the findings, conclusions, and recommendations of the 
        Institute of Medicine for improvements in the National 
        Institutes of Health research funding policies and processes 
        and for any necessary congressional action.
    (d) Funding.--Of the amount appropriated in this title for the 
National Institutes of Health, $300,000 shall be made available for the 
study and report under this section.

                     parkinson's disease research.

    Sec. 212. (a) Short Title.--This section may be cited as the 
``Morris K. Udall Parkinson's Research Act of 1997''.
    (b) Finding and Purpose.--
            (1) Finding.--Congress finds that to take full advantage of 
        the tremendous potential for finding a cure or effective 
        treatment, the Federal investment in Parkinson's must be 
        expanded, as well as the coordination strengthened among the 
        National Institutes of Health research institutes.
            (2) Purpose.--It is the purpose of this section to provide 
        for the expansion and coordination of research regarding 
        Parkinson's, and to improve care and assistance for afflicted 
        individuals and their family caregivers.
    (c) Parkinson's Research.--Part B of title IV of the Public Health 
Service Act (42 U.S.C. 284 et seq.) is amended by adding at the end the 
following:

                         ``parkinson's disease

    ``Sec. 409B. (a) In General.--The Director of NIH shall establish a 
program for the conduct and support of research and training with 
respect to Parkinson's disease (subject to the extent of amounts 
appropriated under subsection (e)).
    ``(b) Inter-Institute Coordination.--
            ``(1) In general.--The Director of NIH shall provide for 
        the coordination of the program established under subsection 
        (a) among all of the national research institutes conducting 
        Parkinson's research.
            ``(2) Conference.--Coordination under paragraph (1) shall 
        include the convening of a research planning conference not 
        less frequently than once every 2 years. Each such conference 
        shall prepare and submit to the Committee on Appropriations and 
        the Committee on Labor and Human Resources of the Senate and 
        the Committee on Appropriations and the Committee on Commerce 
        of the House of Representatives a report concerning the 
        conference.
    ``(c) Morris K. Udall Research Centers.--
            ``(1) In general.--The Director of NIH shall award Core 
        Center Grants to encourage the development of innovative 
        multidisciplinary research and provide training concerning 
        Parkinson's. The Director shall award not more than 10 Core 
        Center Grants and designate each center funded under such 
        grants as a Morris K. Udall Center for Research on Parkinson's 
        Disease.
            ``(2) Requirements.--
                    ``(A) In general.--With respect to Parkinson's, 
                each center assisted under this subsection shall--
                            ``(i) use the facilities of a single 
                        institution or a consortium of cooperating 
                        institutions, and meet such qualifications as 
                        may be prescribed by the Director of the NIH; 
                        and
                            ``(ii) conduct basic and clinical research.
                    ``(B) Discretionary requirements.--With respect to 
                Parkinson's, each center assisted under this subsection 
                may--
                            ``(i) conduct training programs for 
                        scientists and health professionals;
                            ``(ii) conduct programs to provide 
                        information and continuing education to health 
                        professionals;
                            ``(iii) conduct programs for the 
                        dissemination of information to the public;
                            ``(iv) separately or in collaboration with 
                        other centers, establish a nationwide data 
                        system derived from patient populations with 
                        Parkinson's, and where possible, comparing 
                        relevant data involving general populations;
                            ``(v) separately or in collaboration with 
                        other centers, establish a Parkinson's Disease 
                        Information Clearinghouse to facilitate and 
                        enhance knowledge and understanding of 
                        Parkinson's disease; and
                            ``(vi) separately or in collaboration with 
                        other centers, establish a national education 
                        program that fosters a national focus on 
                        Parkinson's and the care of those with 
                        Parkinson's.
            ``(3) Stipends regarding training programs.--A center may 
        use funds provided under paragraph (1) to provide stipends for 
        scientists and health professionals enrolled in training 
        programs under paragraph (2)(B).
            ``(4) Duration of support.--Support of a center under this 
        subsection may be for a period not exceeding five years. Such 
        period may be extended by the Director of NIH for one or more 
        additional periods of not more than five years if the 
        operations of such center have been reviewed by an appropriate 
        technical and scientific peer review group established by the 
        Director and if such group has recommended to the Director that 
        such period should be extended.
    ``(d) Morris K. Udall Awards for Excellence in Parkinson's Disease 
Research.--The Director of NIH shall establish a grant program to 
support investigators with a proven record of excellence and innovation 
in Parkinson's research and who demonstrate potential for significant 
future breakthroughs in the understanding of the pathogensis, 
diagnosis, and treatment of Parkinson's. Grants under this subsection 
shall be available for a period of not to exceed 5 years.
    ``(e) Authorization of Appropriations.--For the purpose of carrying 
out this section and section 301 and title IV of the Public Health 
Service Act with respect to direct Parkinson's disease research, there 
are authorized to be appropriated a total of $100,000,000 for fiscal 
year 1998, and such sums as may be necessary for each of the fiscal 
years 1999 and 2000.''.

            comprehensive fetal alcohol syndrome prevention

    Sec. 213. (a) Short Title.--This section may be cited as the 
``Comprehensive Fetal Alcohol Syndrome Prevention Act''.
    (b) Findings.--Congress finds that--
            (1) Fetal Alcohol Syndrome is the leading known cause of 
        mental retardation, and it is 100 percent preventable;
            (2) each year, up to 12,000 infants are born in the United 
        States with Fetal Alcohol Syndrome, suffering irreversible 
        physical and mental damage;
            (3) thousands more infants are born each year with Fetal 
        Alcohol Effects, which are lesser, though still serious, 
        alcohol-related birth defects;
            (4) children of women who use alcohol while pregnant have a 
        significantly higher infant mortality rate (13.3 per 1000) than 
        children of those women who do not use alcohol (8.6 per 1000);
            (5) Fetal Alcohol Syndrome and Fetal Alcohol Effects are 
        national problems which can impact any child, family, or 
        community, but their threat to American Indians and Alaska 
        Natives is especially alarming;
            (6) in some American Indian communities, where alcohol 
        dependency rates reach 50 percent and above, the chances of a 
        newborn suffering Fetal Alcohol Syndrome or Fetal Alcohol 
        Effects are up to 30 times greater than national averages;
            (7) in addition to the immeasurable toll on children and 
        their families, Fetal Alcohol Syndrome and Fetal Alcohol 
        Effects pose extraordinary financial costs to the Nation, 
        including the costs of health care, education, foster care, job 
        training, and general support services for affected 
        individuals;
            (8) the total cost to the economy of Fetal Alcohol Syndrome 
        was approximately $2,700,000,000 in 1995, and over a lifetime, 
        health care costs for one Fetal Alcohol Syndrome child are 
        estimated to be at least $1,400,000;
            (9) researchers have determined that the possibility of 
        giving birth to a baby with Fetal Alcohol Syndrome or Fetal 
        Alcohol Effects increases in proportion to the amount and 
        frequency of alcohol consumed by a pregnant woman, and that 
        stopping alcohol consumption at any point in the pregnancy 
        reduces the emotional, physical, and mental consequences of 
        alcohol exposure to the baby; and
            (10) though approximately 1 out of every 5 pregnant women 
        drink alcohol during their pregnancy, we know of no safe dose 
        of alcohol during pregnancy, or of any safe time to drink 
        during pregnancy, thus, it is in the best interest of the 
        Nation for the Federal Government to take an active role in 
        encouraging all women to abstain from alcohol consumption 
        during pregnancy.
    (c) Purpose.--It is the purpose of this section to establish, 
within the Department of Health and Human Services, a comprehensive 
program to help prevent Fetal Alcohol Syndrome and Fetal Alcohol 
Effects nationwide. Such program shall--
            (1) coordinate, support, and conduct basic and applied 
        epidemiologic research concerning Fetal Alcohol Syndrome and 
        Fetal Alcohol Effects;
            (2) coordinate, support, and conduct national, State, and 
        community-based public awareness, prevention, and education 
        programs on Fetal Alcohol Syndrome and Fetal Alcohol Effects; 
        and
            (3) foster coordination among all Federal agencies that 
        conduct or support Fetal Alcohol Syndrome and Fetal Alcohol 
        Effects research, programs, and surveillance and otherwise meet 
        the general needs of populations actually or potentially 
        impacted by Fetal Alcohol Syndrome and Fetal Alcohol Effects.
    (d) Establishment of Program.--Title III of the Public Health 
Service Act (42 U.S.C. 241 et seq.) is amended by adding at the end the 
following:

          ``PART O--FETAL ALCOHOL SYNDROME PREVENTION PROGRAM

``SEC. 399G. ESTABLISHMENT OF FETAL ALCOHOL SYNDROME PREVENTION 
              PROGRAM.

    ``(a) Fetal Alcohol Syndrome Prevention Program.--The Secretary 
shall establish a comprehensive Fetal Alcohol Syndrome and Fetal 
Alcohol Effects prevention program that shall include--
            ``(1) an education and public awareness program to--
                    ``(A) support, conduct, and evaluate the 
                effectiveness of--
                            ``(i) training programs concerning the 
                        prevention, diagnosis, and treatment of Fetal 
                        Alcohol Syndrome and Fetal Alcohol Effects;
                            ``(ii) prevention and education programs, 
                        including school health education and school-
                        based clinic programs for school-age children, 
                        concerning Fetal Alcohol Syndrome and Fetal 
                        Alcohol Effects; and
                            ``(iii) public and community awareness 
                        programs concerning Fetal Alcohol Syndrome and 
                        Fetal Alcohol Effects;
                    ``(B) provide technical and consultative assistance 
                to States, Indian tribal governments, local 
                governments, scientific and academic institutions, and 
                nonprofit organizations concerning the programs 
                referred to in subparagraph (A); and
                    ``(C) award grants to, and enter into cooperative 
                agreements and contracts with, States, Indian tribal 
                governments, local governments, scientific and academic 
                institutions, and nonprofit organizations for the 
                purpose of--
                            ``(i) evaluating the effectiveness, with 
                        particular emphasis on the cultural competency 
                        and age-appropriateness, of programs referred 
                        to in subparagraph (A);
                            ``(ii) providing training in the 
                        prevention, diagnosis, and treatment of Fetal 
                        Alcohol Syndrome and Fetal Alcohol Effects;
                            ``(iii) educating school-age children, 
                        including pregnant and high-risk youth, 
                        concerning Fetal Alcohol Syndrome and Fetal 
                        Alcohol Effects, with priority given to 
                        programs that are part of a sequential, 
                        comprehensive school health education program; 
                        and
                            ``(iv) increasing public and community 
                        awareness concerning Fetal Alcohol Syndrome and 
                        Fetal Alcohol Effects through culturally 
                        competent projects, programs, and campaigns, 
                        and improving the understanding of the general 
                        public and targeted groups concerning the most 
                        effective intervention methods to prevent fetal 
                        exposure to alcohol;
            ``(2) an applied epidemiologic research and prevention 
        program to--
                    ``(A) support and conduct research on the causes, 
                mechanisms, diagnostic methods, treatment, and 
                prevention of Fetal Alcohol Syndrome and Fetal Alcohol 
                Effects;
                    ``(B) provide technical and consultative assistance 
                and training to States, Tribal governments, local 
                governments, scientific and academic institutions, and 
                nonprofit organizations engaged in the conduct of--
                            ``(i) Fetal Alcohol Syndrome prevention and 
                        early intervention programs; and
                            ``(ii) research relating to the causes, 
                        mechanisms, diagnosis methods, treatment, and 
                        prevention of Fetal Alcohol Syndrome and Fetal 
                        Alcohol Effects; and
                    ``(C) award grants to, and enter into cooperative 
                agreements and contracts with, States, Indian tribal 
                governments, local governments, scientific and academic 
                institutions, and nonprofit organizations for the 
                purpose of--
                            ``(i) conducting innovative demonstration 
                        and evaluation projects designed to determine 
                        effective strategies, including community-based 
                        prevention programs and multicultural education 
                        campaigns, for preventing and intervening in 
                        fetal exposure to alcohol;
                            ``(ii) improving and coordinating the 
                        surveillance and ongoing assessment methods 
                        implemented by such entities and the Federal 
                        Government with respect to Fetal Alcohol 
                        Syndrome and Fetal Alcohol Effects;
                            ``(iii) developing and evaluating effective 
                        age-appropriate and culturally competent 
                        prevention programs for children, adolescents, 
                        and adults identified as being at-risk of 
                        becoming chemically dependent on alcohol and 
                        associated with or developing Fetal Alcohol 
                        Syndrome and Fetal Alcohol Effects; and
                            ``(iv) facilitating coordination and 
                        collaboration among Federal, State, local 
                        government, Indian tribal, and community-based 
                        Fetal Alcohol Syndrome prevention programs;
            ``(3) a basic research program to support and conduct basic 
        research on services and effective prevention treatments and 
        interventions for pregnant alcohol-dependent women and 
        individuals with Fetal Alcohol Syndrome and Fetal Alcohol 
        Effects;
            ``(4) a procedure for disseminating the Fetal Alcohol 
        Syndrome and Fetal Alcohol Effects diagnostic criteria 
        developed pursuant to section 705 of the ADAMHA Reorganization 
        Act (42 U.S.C. 485n note) to health care providers, educators, 
        social workers, child welfare workers, and other individuals; 
        and
            ``(5) the establishment, in accordance with subsection (b), 
        of an inter-agency task force on Fetal Alcohol Syndrome and 
        Fetal Alcohol Effects to foster coordination among all Federal 
        agencies that conduct or support Fetal Alcohol Syndrome and 
        Fetal Alcohol Effects research, programs, and surveillance, and 
        otherwise meet the general needs of populations actually or 
        potentially impacted by Fetal Alcohol Syndrome and Fetal 
        Alcohol Effects.
    ``(b) Inter-agency Task Force.--
            ``(1) Membership.--The Task Force established pursuant to 
        paragraph (5) of subsection (a) shall--
                    ``(A) be chaired by the Secretary or a designee of 
                the Secretary; and
                    ``(B) include representatives from all relevant 
                agencies within the Department of Health and Human 
                Services, including the Centers for Disease Control and 
                Prevention, the National Institutes of Health, the 
                Health Resources and Services Administration, the 
                Substance Abuse and Mental Health Services 
                Administration, and any other relevant agencies of the 
                Department of Health and Human Services.
            ``(2) Functions.--The Task Force shall--
                    ``(A) coordinate all relevant programs and research 
                concerning Fetal Alcohol Syndrome and Fetal Alcohol 
                Effects, including programs that--
                            ``(i) target individuals, families, and 
                        populations identified as being at risk of 
                        acquiring Fetal Alcohol Syndrome and Fetal 
                        Alcohol Effects; and
                            ``(ii) provide health, education, 
                        treatment, and social services to infants, 
                        children, and adults with Fetal Alcohol 
                        Syndrome and Fetal Alcohol Effects;
                    ``(B) coordinate its efforts with existing 
                Department of Health and Human Services task forces on 
                substance abuse prevention and maternal and child 
                health; and
                    ``(C) report on a biennial basis to the Secretary 
                and relevant committees of Congress on the current and 
                planned activities of the participating agencies, 
                including a proposal for a Federal Interagency Task 
                Force to include representatives from all relevant 
                agencies and offices within the Department of Health 
                and Human Services, the Department of Agriculture, the 
                Department of Education, the Department of Defense, the 
                Department of the Interior, the Department of Justice, 
                the Department of Veterans Affairs, the Bureau of 
                Alcohol, Tobacco and Firearms, the Federal Trade 
                Commission, and any other relevant Federal agency.
    ``(c) Scientific Research and Training.--The Director of the 
National Institute on Alcohol Abuse and Alcoholism, with the 
cooperation of members of the interagency task force established under 
subsection (b), shall establish a collaborative program to provide for 
the conduct and support of research, training, and dissemination of 
information to researchers, clinicians, health professionals and the 
public, with respect to the cause, prevention, diagnosis, and treatment 
of Fetal Alcohol Syndrome and the related condition know as Fetal 
Alcohol Effects.

``SEC. 399H. ELIGIBILITY.

    ``To be eligible to receive a grant, or enter into a cooperative 
agreement or contract under this part, an entity shall--
            ``(1) be a State, Indian tribal government, local 
        government, scientific or academic institution, or nonprofit 
        organization; and
            ``(2) prepare and submit to the Secretary an application at 
        such time, in such manner, and containing such information as 
        the Secretary may prescribe, including a description of the 
        activities that the entity intends to carry out using amounts 
        received under this part.

``SEC. 399I. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this part, 
such sums as are necessary for each of the fiscal years 1998 through 
2002.''.
    Sec. 214.--(a) That section 414(a) of the Immigration and 
Nationality Act (8 U.S.C. 1524(a)) is amended by striking ``fiscal year 
1995, fiscal year 1996, and fiscal year 1997'' and inserting ``each of 
fiscal years 1998 and 1999''.
    (b) The amendment made by subsection (a) shall take effect October 
1, 1997.
    Sec. 215. (a) Study.--From amounts appropriated under this title, 
the Secretary should conduct a study on the health effects of 
perchlorate on humans with particular emphasis on the health risks to 
vulnerable subpopulations including pregnant women, children, and the 
elderly.
    (b) Report.--Not later than 9 months after the date of enactment of 
this Act, and annually thereafter, the National Institutes of Health 
should prepare and submit to the Committee on Appropriations of the 
Senate and the Committee on Appropriations of the House of 
Representatives, a report concerning the results of the study conducted 
under subsection (a), including whether further health effects research 
is necessary.
    Sec. 216. Subparagraphs (B) and (C) of section 1143(a)(2) of the 
Social Security Act (42 U.S.C. 1320b-13(a)(2)(B), (C)) are each amended 
by striking ``employee'' and inserting ``employer, employee,''.
    Sec. 217. (a) Notwithstanding any other provision of law, the 
payments described in subsection (b) shall not be considered income or 
resources in determining eligibility for, or the amount of benefits 
under, a program or State plan under title XVI or XIX of the Social 
Security Act.
    (b) The payments described in this subsection are payments made by 
the Secretary of Defense pursuant to section 657 of the National 
Defense Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110 
Stat. 2584).
    Sec. 218. (a) Study.--Not later than 30 days after the date of 
enactment of this Act, the Secretary of Health and Human Services, in 
consultation with the General Accounting Office, shall conduct a 
comprehensive study concerning efforts to improve organ and tissue 
procurement at hospitals. Under such study, the Secretary shall survey 
at least 5 percent of the hospitals who have entered into agreements 
with an organ procurement organization required under the Public Health 
Service Act and the hospitals' designated organ procurement 
organizations to examine--
            (1) the differences in protocols for the identification of 
        potential organ and tissue donors;
            (2) whether each hospital, and the designated organ 
        procurement organization of the hospital, have a system in 
        place for such identification of donors; and
            (3) protocols for outreach to the relatives of potential 
        organ or tissue donors.
    (b) Report.--Not later than 1 year after the date of enactment of 
this Act, the Secretary of Health and Human Services shall prepare and 
submit to the appropriate committees of Congress a report concerning 
the study conducted under subsection (a), that shall include 
recommendations on hospital best practices--
            (1) that result in the most efficient and comprehensive 
        identification of organ and tissue donors; and
            (2) for communicating with the relatives of potential organ 
        and tissue donors.
    Sec. 219. (a) Findings.--Congress finds that--
            (1) over 53,000 Americans are currently awaiting organ 
        transplants;
            (2) in 1996, 3,916 people on the transplant waiting list 
        died because no organs became available for such people;
            (3) the number of organ donors has grown slowly over the 
        past several years, even though there is significant unrealized 
        donor potential;
            (4) a Gallup survey indicated that 85 percent of the 
        American public supports organ donation, and 69 percent 
        describe themselves as likely to donate their organs upon 
        death;
            (5) most potential donors are cared for in hospitals with 
        greater than 350 beds, trauma services, and medical school 
        affiliations;
            (6) a recent Harvard study showed that hospitals frequently 
        fail to offer donation services to the families of medically 
        eligible potential organ donors;
            (7) staff and administration in large hospitals often are 
        not aware of the current level of donor potential in their 
        institution or the current level of donation effectiveness of 
        the institution;
            (8) under titles XVIII and XIX of the Social Security Act 
        (42 U.S.C. 1395 et seq; 1396 et seq.), hospitals that 
        participate in the medicare or medicaid program are required to 
        have in place policies to offer eligible families the option of 
        organ and tissue donation; and
            (9) many hospitals have not yet incorporated systematic 
        protocols for offering donation to eligible families in a 
        skilled and sensitive way.
    (b) Sense of the Senate.--It is the sense of the Senate that 
hospitals that have organ or tissue donor potential take prompt steps 
to ensure that a skilled and sensitive request for organ or tissue 
donation is provided to eligible families by--
            (1) working with the designated organ procurement 
        organization or other suitable agency to assess donor potential 
        and performance in their institutions;
            (2) establishing protocols for organ donation that 
        incorporate best-demonstrated practices;
            (3) providing education to hospital staff to ensure 
        adequate skills related to organ and tissue donation;
            (4) establishing teams of skilled hospital staff to respond 
        to potential organ donor situations, ensure optimal 
        communication with the patient's surviving family, and achieve 
        smooth coordination of activities with the designated organ 
        procurement organization; and
            (5) monitoring organ donation effectiveness through quality 
        assurance mechanisms.

                 protecting victims of family violence

    Sec. 220. (a) Findings.--Congress finds that--
            (1) the intent of Congress in amending part A of title IV 
        of the Social Security Act (42 U.S.C. 601 et seq.) in section 
        103(a) of the Personal Responsibility and Work Opportunity 
        Reconciliation Act of 1996 (Public Law 104-193; 110 Stat 2112) 
        was to allow States to take into account the effects of the 
        epidemic of domestic violence in establishing their welfare 
        programs, by giving States the flexibility to grant individual, 
        temporary waivers for good cause to victims of domestic 
        violence who meet the criteria set forth in section 
        402(a)(7)(B) of the Social Security Act (42 U.S.C. 
        602(a)(7)(B));
            (2) the allowance of waivers under such sections was not 
        intended to be limited by other, separate, and independent 
        provisions of part A of title IV of the Social Security Act (42 
        U.S.C. 601 et seq.);
            (3) under section 402(a)(7)(A)(iii) of such Act (42 U.S.C. 
        602(a)(7)(A)(iii)), requirements under the temporary assistance 
        for needy families program under part A of title IV of such Act 
        may, for good cause, be waived for so long as necessary; and
            (4) good cause waivers granted pursuant to section 
        402(a)(7)(A)(iii) of such Act (42 U.S.C. 602(a)(7)(A)(iii)) are 
        intended to be temporary and directed only at particular 
        program requirements when needed on an individual case-by-case 
        basis, and are intended to facilitate the ability of victims of 
        domestic violence to move forward and meet program requirements 
        when safe and feasible without interference by domestic 
        violence.
    (b) Clarification of Waiver Provisions.--
            (1) In general.--Section 402(a)(7) of the Social Security 
        Act (42 U.S.C. 602(a)(7)) is amended by adding at the end the 
        following:
                    ``(C) No numerical limits.--In implementing this 
                paragraph, a State shall not be subject to any 
                numerical limitation in the granting of good cause 
                waivers under subparagraph (A)(iii).
                    ``(D) Waivered individuals not included for 
                purposes of certain other provisions of this part.--Any 
                individual to whom a good cause waiver of compliance 
                with this Act has been granted in accordance with 
                subparagraph (A)(iii) shall not be included for 
                purposes of determining a State's compliance with the 
                participation rate requirements set forth in section 
                407, for purposes of applying the limitation described 
                in section 408(a)(7)(C)(ii), or for purposes of 
                determining whether to impose a penalty under paragraph 
                (3), (5), or (9) of section 409(a).''.
            (2) Effective date.--The amendment made by paragraph (1) 
        takes effect as if it had been included in the enactment of 
        section 103(a) of the Personal Responsibility and Work 
        Opportunity Reconciliation Act of 1996 (Public Law 104-193; 110 
        Stat. 2112).
    (c) Federal Parent Locator Service.--
            (1) In general.--Section 453 of the Social Security Act (42 
        U.S.C. 653), as amended by section 5534 of the Balanced Budget 
        Act of 1997 (Public Law 105-33; 111 Stat. 627), is amended--
                    (A) in subsection (b)(2)--
                            (i) in the matter preceding subparagraph 
                        (A), by inserting ``or that the health, safety, 
                        or liberty or a parent or child would by 
                        unreasonably put at risk by the disclosure of 
                        such information,'' before ``provided that'';
                            (ii) in subparagraph (A), by inserting ``, 
                        that the health, safety, or liberty or a parent 
                        or child would by unreasonably put at risk by 
                        the disclosure of such information,'' before 
                        ``and that information''; and
                            (iii) in subparagraph (B)(i), by striking 
                        ``be harmful to the parent or the child'' and 
                        inserting ``place the health, safety, or 
                        liberty of a parent or child unreasonably at 
                        risk''; and
                    (B) in subsection (c)(2), by inserting ``, or to 
                serve as the initiating court in an action to seek and 
                order,'' before ``against a noncustodial''.
            (2) State plan.--Section 454(26) of the Social Security Act 
        (42 U.S.C. 654), as amended by section 5552 of the Balanced 
        Budget Act of 1997 (Public Law 105-33; 111 Stat. 635), is 
        amended--
                    (A) in subparagraph (C), by striking ``result in 
                physical or emotional harm to the party or the child'' 
                and inserting ``place the health, safety, or liberty of 
                a parent or child unreasonably at risk'';
                    (B) in subparagraph (D), by striking ``of domestic 
                violence or child abuse against a party or the child 
                and that the disclosure of such information could be 
                harmful to the party or the child'' and inserting 
                ``that the health, safety, or liberty of a parent or 
                child would be unreasonably put at risk by the 
                disclosure of such information''; and
                    (C) in subparagraph (E), by striking ``of domestic 
                violence'' and all that follows through the semicolon 
                and inserting ``that the health, safety, or liberty of 
                a parent or child would be unreasonably put at risk by 
                the disclosure of such information pursuant to section 
                453(b)(2), the court shall determine whether disclosure 
                to any other person or persons of information received 
                from the Secretary could place the health, safety, or 
                liberty or a parent or child unreasonably at risk (if 
                the court determines that disclosure to any other 
                person could be harmful, the court and its agents shall 
                not make any such disclosure);''.
            (3) Effective date.--The amendments made by this section 
        shall take effect 1 day after the effective date described in 
        section 5557(a) of the Balanced Budget Act of 1997 (Public Law 
        105-33).
    Sec. 221. (a) Transfer.--Using $5,000,000 of the amounts 
appropriated under this title, the Secretary of Health and Human 
Services shall carry out activities under subsection (b) to address 
urgent health threats posed by E. coli:0157H7.
    (b) Use of Funds.--From amounts transferred under subsection (a) 
the Secretary of Health and Human Services shall--
            (1) provide $1,000,000 for the development of improved 
        medical treatments for patients infected with E. coli:0157H7-
        related disease (HUS);
            (2) provide $550,000 to fund ongoing research to detect or 
        prevent colonization of E. coli:0157H7 in live cattle;
            (3) provide, through the existing partnership between the 
        Federal Government, industry, and consumer groups, $1,000,000 
        for the National Consumer Education Campaign on Food Safety as 
        part of the activities to address safe food handling practices;
            (4) provide $1,000,000 for a study to determine the 
        feasibility of the use of electronic pasteurization on red 
        meats to eliminate pathogens and to carry out activities to 
        educate the public on the safety of that process; and
            (5) provide $1,000,000 for a contract to be entered into 
        with the National Academy of Sciences to assess the 
        effectiveness of testing to ensure zero tolerance of E. 
        coli:0157H7 in raw ground beef products.
    This title may be cited as the ``Department of Health and Human 
Services Appropriations Act, 1998''.

                   TITLE III--DEPARTMENT OF EDUCATION

                            education reform

    For carrying out activities authorized by titles III and IV of the 
Goals 2000: Educate America Act, the School-to-Work Opportunities Act, 
and sections 3132, 3136, and 3141 of the Elementary and Secondary 
Education Act of 1965, $1,271,000,000, of which $530,000,000 for the 
Goals 2000: Educate America Act and $200,000,000 for the School-to-Work 
Opportunities Act shall become available on July 1, 1998, and remain 
available through September 30, 1999: Provided, That none of the funds 
appropriated under this heading shall be obligated or expended to carry 
out section 304(a)(2)(A) of the Goals 2000: Educate America Act, except 
that no more than $1,500,000 may be used to carry out activities under 
section 314(a)(2) of that Act: Provided further, That section 315(a)(2) 
of the Goals 2000 Act shall not apply: Provided further, That up to 
one-half of one percent of the amount available under section 3132 
shall be set aside for the outlying areas, to be distributed on the 
basis of their relative need as determined by the Secretary in 
accordance with the purposes of the program: Provided further, That if 
any State educational agency does not apply for a grant under section 
3132, that State's allotment under section 3131 shall be reserved by 
the Secretary for grants to local educational agencies in that State 
that apply directly to the Secretary according to the terms and 
conditions published by the Secretary in the Federal Register.

                    education for the disadvantaged

    For carrying out title I of the Elementary and Secondary Education 
Act of 1965, and section 418A of the Higher Education Act, 
$7,807,349,000, of which $6,488,271,000 shall become available on July 
1, 1998, and shall remain available through September 30, 1999, and of 
which $1,298,386,000 shall become available on October 1, 1998 and 
shall remain available through September 30, 1999, for academic year 
1998-1999: Provided, That $6,273,712,000 shall be available for basic 
grants under section 1124: Provided further, That up to $4,000,000 of 
these funds shall be available to the Secretary on October 1, 1997, to 
obtain updated local-educational-agency-level census poverty data from 
the Bureau of the Census: Provided further, That $1,022,020,000 shall 
be available for concentration grants under section 1124A, $6,977,000 
shall be available for evaluations under section 1501 and not more than 
$7,500,000 shall be reserved for section 1308, of which not more than 
$3,000,000 shall be reserved for section 1308(d): Provided further, 
That grant awards under section 1124 and 1124(A) of title I of the 
Elementary and Secondary Education Act shall be made to each State or 
local educational agency at no less than 100 percent of the amount such 
State or local educational agency received under this authority for 
fiscal year 1997 under Public Laws 104-208 and 105-18: Provided 
further, That in determining State allocations under any other program 
administered by the Secretary, amounts provided under Public Law 105-
18, or equivalent amounts provided for in this bill, will not be taken 
into account in determining State allocations.

                               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, $794,500,000, of which $623,500,000 
shall be for basic support payments under section 8003(b), $80,000,000 
shall be for payments for children with disabilities under section 
8003(d), $52,000,000, to remain available until expended, shall be for 
payments under section 8003(f), $5,000,000 shall be for construction 
under section 8007, and $24,000,000 shall be for Federal property 
payments under section 8002 and $10,000,000, to remain available until 
expended, shall be for facilities maintenance under section 8008.

                      school improvement programs

    For carrying out school improvement activities authorized by titles 
II, IV-A-1 and 2, V-A and B, VI, IX, X, XII 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; $1,482,293,000, of 
which $1,206,278,000 shall become available on July 1, 1998, and remain 
available through September 30, 1999: Provided, That of the amount 
appropriated, $310,000,000 shall be for Eisenhower professional 
development State grants under title II-B of the Elementary and 
Secondary Education Act, $310,000,000 shall be for innovative education 
program strategies State grants under title VI-A of said Act and 
$750,000 shall be for an evaluation of comprehensive regional 
assistance centers under title XIII of said Act: Provided further, 
That--
            (1) of the amount appropriated under this heading and 
        notwithstanding any other provision of law, the Secretary of 
        Education may award $1,000,000 to a State educational agency 
        (as defined in section 14101 of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 8801)) to pay for appraisals, 
        resource studies, and other expenses associated with the 
        exchange of State school trust lands within the boundaries of a 
        national monument for Federal lands outside the boundaries of 
        the monument; and
            (2) the State educational agency is eligible to receive a 
        grant under paragraph (1) only if the agency serves a State 
        that--
                    (A) has a national monument declared within the 
                State under the authority of the Act entitled ``An Act 
                for the preservation of American antiquities'', 
                approved June 8, 1906 (16 U.S.C. 431 et seq.) (commonly 
                known as the Antiquities Act of 1906) that incorporates 
                more than 100,000 acres of State school trust lands 
                within the boundaries of the national monument; and
                    (B) ranks in the lowest 25 percent of all States 
                when comparing the average per pupil expenditure (as 
                defined in section 14101 of the Elementary and 
                Secondary Education Act of 1965 (20 U.S.C. 8801)) in 
                the State to the average per pupil expenditure for each 
                State in the United States.

                            indian education

    For expenses necessary to carry out, to the extent not otherwise 
provided, title IX, part A of the Elementary and Secondary Education 
Act of 1965, as amended, and section 215 of the Department of Education 
Organization Act, $62,600,000.

                   bilingual and immigrant education

    For carrying out, to the extent not otherwise provided, bilingual, 
foreign language and immigrant education activities authorized by parts 
A and C and section 7203 of title VII of the Elementary and Secondary 
Education Act, without regard to section 7103(b), $354,000,000: 
Provided, That State educational agencies may use all, or any part of, 
their part C allocation for competitive grants to local educational 
agencies: Provided further, That the Department of Education should 
only support instructional 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, 
$4,958,073,000, of which $4,713,112,000 shall become available for 
obligation on July 1, 1998, and shall remain available through 
September 30, 1999: Provided, That $1,500,000 of the funds provided 
shall be for secton 687(b)(2)(G), and shall remain available until 
expended.

            rehabilitation services and disability research

    For carrying out, to the extent not otherwise provided, the 
Rehabilitation Act of 1973, the Technology-Related Assistance for 
Individuals with Disabilities Act, and the Helen Keller National Center 
Act, as amended, $2,591,286,000.

           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.), $7,906,000.

               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.), $44,141,000: 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.), $81,000,000: 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 and the National Literacy Act of 1991, $1,487,698,000, of 
which $1,484,598,000 shall become available on July 1, 1998 and shall 
remain available through September 30, 1999; and of which $5,491,000 
from amounts available under the Adult Education Act shall be for the 
National Institute for Literacy under section 384(c) which shall be 
derived from unobligated Pell Grant funds: Provided, That, of the 
amounts made available for title II of the Carl D. Perkins Vocational 
and Applied Technology Education Act, $13,497,000 shall be used by the 
Secretary for national programs under title IV, without regard to 
section 451: Provided further, That the Secretary may reserve up to 
$4,998,000 under section 313(d) of the Adult Education Act for 
activities carried out under section 383 of that Act: Provided further, 
That no funds shall be awarded to a State Council under section 112(f) 
of the Carl D. Perkins Vocational and Applied Technology Education Act, 
and no State shall be required to operate such a Council.

                      student financial assistance

    For carrying out subparts 1, 3, and 4 of part A, part C and part E 
of title IV of the Higher Education Act of 1965, as amended, 
$8,556,641,000, which shall remain available through September 30, 
1999: Provided, That, $35,000,000 shall be available for State Student 
Incentive grants derived from unobligated balances: Provided further, 
That $60,000,000 shall be for education infrastructure authorized under 
title XII of the Elementary and Secondary Education Act to be derived 
from unobligated balances.
    The maximum Pell Grant for which a student shall be eligible during 
award year 1998-1999 shall be $3,000: 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 1997 
appropriation for Pell Grant awards, are insufficient to satisfy fully 
all such awards for which students are eligible, as calculated under 
section 401(b) of the Act, the amount paid for each such award shall be 
reduced by either a fixed or variable percentage, or by a fixed dollar 
amount, as determined in accordance with a schedule of reductions 
established by the Secretary for this purpose.

             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, $46,482,000.

                            higher education

    For carrying out, to the extent not otherwise provided, parts A and 
B of title III, without regard to section 360(a)(1)(B)(ii), titles IV, 
V, VI, VII, and IX, and part A and subpart 1 of parts B and E of title 
X and title XI of the Higher Education Act of 1965, as amended, part G 
of title XV of Public Law 102-325, the Mutual Educational and Cultural 
Exchange Act of 1961, and Public Law 102-423; $929,752,000, of which 
$13,700,000 for interest subsidies under title VII of the Higher 
Education Act shall remain available until expended: Provided, That 
funds available for part D of title IX of the Higher Education Act 
shall be available to fund new and noncompeting continuation awards for 
academic year 1998-1999 for fellowships awarded originally under part C 
of title IX of said Act, under the terms and conditions of part C.

                           howard university

    For partial support of Howard University (20 U.S.C. 121 et seq.), 
$198,000,000: Provided, That not less than $3,530,000, shall be for a 
matching endowment grant pursuant to the Howard University Endowment 
Act (Public Law 98-480) and shall remain available until expended.

         college housing and academic facilities loans program

     For Federal administrative expenses to carry out activities 
related to facility loans entered into under title VII, part C and 
section 702 of the Higher Education Act, as amended, $698,000.

 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, 
including part E; the National Education Statistics Act of 1994; 
section 2102 of title II, and parts B, C, and D of title III, and parts 
A, B, I, and K and section 10601 of title X, and part C of title XIII 
of the Elementary and Secondary Education Act of 1965, as amended, and 
title VI of Public Law 103-227, $362,225,000.

                       child literacy initiative

    For carrying out a child literacy initiative, $260,000,000, which 
shall become available on October 1, 1998 and shall remain available 
through September 30, 1999 only if specifically authorized by 
subsequent legislation enacted by April 1, 1998.

                institute of museum and library services

    For carrying out subtitle B of the Museum and Library Services Act, 
$146,369,000, of which $15,455,000 shall be for national leadership 
grants, notwithstanding section 221(a)(1)(B).

                        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, $340,064,000: Provided, That $1,100,000 shall be used 
for the Millennium 2000 project.

                        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, $57,522,000.

                    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, $32,000,000.

                           GENERAL PROVISIONS

    Sec. 301. No funds appropriated in this Act may be used for the 
transportation of students or teachers (or for the purchase of 
equipment for such transportation) in order to overcome racial 
imbalance in any school or school system, or for the transportation of 
students or teachers (or for the purchase of equipment for such 
transportation) in order to carry out a plan of racial desegregation of 
any school or school system.
    Sec. 302. None of the funds contained in this Act shall be used to 
require, directly or indirectly, the transportation of any student to a 
school other than the school which is nearest the student's home, 
except for a student requiring special education, to the school 
offering such special education, in order to comply with title VI of 
the Civil Rights Act of 1964. For the purpose of this section an 
indirect requirement of transportation of students includes the 
transportation of students to carry out a plan involving the 
reorganization of the grade structure of schools, the pairing of 
schools, or the clustering of schools, or any combination of grade 
restructuring, pairing or clustering. The prohibition described in this 
section does not include the establishment of magnet schools.
    Sec. 303. No funds appropriated under this Act may be used to 
prevent the implementation of programs of voluntary prayer and 
meditation in the public schools.

                          (transfer of funds)

    Sec. 304. Not to exceed 1 percent of any discretionary funds 
(pursuant to the Balanced Budget and Emergency Deficit Control Act, as 
amended) which are appropriated for the Department of Education 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. 305. Of the funds made available under this title, the 
Secretary of Education shall establish a program to provide training 
and technical assistance to State educational agencies and local 
educational agencies (as defined in section 14101 of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 8801) in developing, 
establishing, and implementing procedures and programs designed to 
protect victims of and witnesses to incidents of elementary school and 
secondary school violence, including procedures and programs designed 
to protect witnesses testifying in school disciplinary proceedings.
    Sec. 306. Of the funds made available under this title, $450,000 
shall be awarded by the Secretary of Education for grants for the 
establishment, operation, and evaluation of pilot student safety toll-
free hotlines to provide elementary school and secondary school 
students with confidential assistance regarding school crime, violence, 
drug dealing, and threats to the personal safety of the students.
    Sec. 307. The Secretary of Education shall annually provide to the 
Committee on Labor and Human Resources and the Committee on 
Appropriations of the Senate and the Committee on Education and the 
Workforce and the Committee on Appropriations of the House of 
Representatives a certification that not less than 95 percent of the 
amount appropriated for a fiscal year for the activities of the 
Department of Education is being used directly for teachers and 
students. If the Secretary determines that less than 95 percent of such 
amount appropriated for a fiscal year is being used directly for 
teachers and students, the Secretary shall certify the percentage of 
such amount that is being directly used for teachers and students.
    Sec. 308. (a) The Secretary of Education shall conduct a study that 
examines--
            (1) the economic, educational, and societal costs of--
                    (A) the increase in enrollments of secondary school 
                students during the period 1998 through 2008;
                    (B) the creation of smaller class sizes for 
                students enrolled in grades 1 through 3; and
                    (C) the increase in enrollments described in 
                subparagraph (A) in relation to the creation of smaller 
                class sizes described in subparagraph (B); and
            (2) the costs to States and local school districts for 
        taking no action with respect to such increase in enrollments 
        and smaller class sizes.
    (b) The Secretary of Education shall report to Congress within 9 
months of the date of enactment of this Act regarding the results of 
the study conducted under subsection (a). Such report shall include 
recommendations regarding what local school districts, States and the 
Federal Government can do to address the issue of the increase in 
enrollments of secondary school students and the need for smaller class 
sizes in grades 1 through 3.
    Sec. 309. (a) The Senate finds that--
            (1) Federal Pell Grants are a crucial source of college aid 
        for low- and middle-income students;
            (2) in addition to the increase in the maximum Federal Pell 
        Grant from $2,700 to $3,000, which will increase aid to more 
        than 3,600,000 low- and middle-income students, our Nation 
        should provide additional funds to help more than 250,000 
        independent and dependent students obtain crucial aid in order 
        to help the students obtain the education, training, or 
        retraining the students need to obtain good jobs;
            (3) our Nation needs to help children learn to read well in 
        fiscal year 1998, as 40 percent of the Nation's young children 
        cannot read at the basic level; and
            (4) the Bipartisan Budget Agreement includes a total 
        funding level for fiscal year 1998 of $7,600,000,000 for 
        Federal Pell Grants, and of $260,000,000 for a child literacy 
        initiative.
    (b) It is the sense of the Senate that prompt action should be 
taken by the authorizing committees to--
            (1) make the change in the needs analysis for Federal Pell 
        Grants for independent and for dependent students; and
            (2) enact legislation and authorize the funds needed to 
        cover the cost of the changes for a $260,000,000 child literacy 
        initiative.
    (c) It is the sense of the Senate that the maximum level possible 
of fiscal year 1998 funding should be achieved in the appropriations 
conference committee.
    This title may be cited as the ``Department of Education 
Appropriations Act, 1998''.

                       TITLE IV--RELATED AGENCIES

                      Armed Forces Retirement Home

    For expenses necessary for the Armed Forces Retirement Home to 
operate and maintain the United States Soldiers' and Airmen's Home and 
the United States Naval Home, to be paid from funds available in the 
Armed Forces Retirement Home Trust Fund, $65,452,000, of which 
$10,000,000 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.

             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, $232,604,000.

                  Corporation for Public Broadcasting

    For payment to the Corporation for Public Broadcasting, as 
authorized by the Communications Act of 1934, an amount which shall be 
available within limitations specified by that Act, for the fiscal year 
2000, $300,000,000: Provided, That no funds made 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), 
$33,481,000, including $1,500,000, to remain available through 
September 30, 1999, for activities authorized by the Labor-Management 
Cooperation Act of 1978 (29 U.S.C. 175a): Provided, That 
notwithstanding 31 U.S.C. 3302, fees charged, up to full-cost recovery, 
for special training activities and for arbitration services shall be 
credited to and merged with this account, and shall remain available 
until expended: Provided further, That fees for arbitration services 
shall be available only for education, training, and professional 
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), $1,000,000.

                     National Council on Disability

                         salaries and expenses

    For expenses necessary for the National Council on Disability as 
authorized by title IV of the Rehabilitation Act of 1973, as amended, 
$1,793,000.

                     National Education Goals Panel

     For expenses necessary for the National Education Goals Panel, as 
authorized by title II, part A of the Goals 2000: Educate America Act, 
$2,000,000.

                     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, 
$174,661,000: Provided, That no part of this appropriation shall be 
available to organize or assist in organizing agricultural laborers or 
used in connection with investigations, hearings, 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, $8,600,000: Provided, That unobligated 
balances at the end of fiscal year 1998 not needed for emergency boards 
shall remain available for other statutory purposes through September 
30, 1999.

            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), $7,800,000.

                  Physician Payment Review Commission

                         salaries and expenses

    For expenses necessary to carry out section 1845(a) of the Social 
Security Act, $3,508,000, 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, $3,507,000, to be transferred to this appropriation from 
the Federal Hospital Insurance and the Federal Supplementary Medical 
Insurance Trust Funds.

                       Railroad Retirement Board

                     dual benefits payments account

    For payment to the Dual Benefits Payments Account, authorized under 
section 15(d) of the Railroad Retirement Act of 1974, $205,500,000, 
which shall include amounts becoming available in fiscal year 1998 
pursuant to section 224(c)(1)(B) of Public Law 98-76; and in addition, 
an amount, not to exceed 2 percent of the amount provided herein, shall 
be available proportional to the amount by which the product of 
recipients and the average benefit received exceeds $205,500,000: 
Provided, That the 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, $50,000, to remain available through 
September 30, 1999, 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, $87,728,000, 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 $5,394,000, to 
be derived from the railroad retirement accounts and railroad 
unemployment insurance account.

                     Social Security Administration

                payments to social security trust funds

    For payment to the Federal Old-Age and Survivors Insurance and the 
Federal Disability Insurance trust funds, as provided under sections 
201(m), 228(g), and 1131(b)(2) of the Social Security Act, $20,308,000.

               special benefits for disabled coal miners

    For carrying out title IV of the Federal Mine Safety and Health Act 
of 1977, $426,090,000, to remain available until expended.
    For making, after July 31 of the current fiscal year, benefit 
payments to individuals under title IV of the Federal Mine Safety and 
Health Act of 1977, for costs incurred in the current fiscal year, such 
amounts as may be necessary.
    For making benefit payments under title IV of the Federal Mine 
Safety and Health Act 1977 for the first quarter of fiscal year 1999, 
$160,000,000, to remain available until expended.

                  supplemental security income program

    For carrying out titles XI and XVI of the Social Security Act, 
section 401 of Public Law 92-603, section 212 of Public Law 93-66, as 
amended, and section 405 of Public Law 95-216, including payment to the 
Social Security trust funds for administrative expenses incurred 
pursuant to section 201(g)(1) of the Social Security Act, 
$16,162,525,000, 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: Provided further, That not less than $2,225,000 shall be 
available for conducting a disability return to work demonstration 
initiative, which focuses on providing persons who have lost limbs with 
an integrated program of prosthetic and rehabilitative care and job 
placement assistance.
    From funds provided under the previous paragraph, not less than 
$100,000,000 shall be available for payment to the Social Security 
trust funds for administrative expenses for conducting continuing 
disability reviews.
    In addition, $175,000,000, to remain available until September 30, 
1999, for payment to the Social Security trust funds for administrative 
expenses for continuing disability reviews as authorized by section 103 
of Public Law 104-121 and Supplemental Security Income administrative 
work as authorized by Public Law 104-193. The term ``continuing 
disability reviews'' means reviews and redeterminations as defined 
under section 201(g)(1)(A) of the Social Security Act, as amended, and 
reviews and redeterminations authorized under section 211 of Public Law 
104-193.
    For making, after June 15 of the current fiscal year, benefit 
payments to individuals under title XVI of the Social Security Act, for 
unanticipated costs incurred for the current fiscal year, such sums as 
may be necessary.
    For making benefit payments under title XVI of the Social Security 
Act for the first quarter of fiscal year 1999, $8,680,000,000, to 
remain available until expended.

                 limitation on administrative expenses

    For necessary expenses, including the hire of two passenger motor 
vehicles, and not to exceed $10,000 for official reception and 
representation expenses, not more than $5,937,708,000 may be expended, 
as authorized by section 201(g)(1) of the Social Security Act, from any 
one or all of the trust funds referred to therein: Provided, That not 
less than $1,268,000 shall be for the Social Security Advisory Board: 
Provided further, That unobligated balances at the end of fiscal year 
1998 not needed for fiscal year 1998 shall remain available until 
expended for a state-of-the-art computing network, including related 
equipment and non-payroll administrative expenses associated solely 
with this network.
    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, $290,000,000, to remain 
available until September 30, 1999, for continuing disability reviews 
as authorized by section 103 of Public Law 104-121, section 10203 of 
Public Law 105-33 and Supplemental Security Income administrative work 
as authorized by Public Law 104-193. The term ``continuing disability 
reviews'' means reviews and redeterminations as defined under section 
201(g)(1)(A) of the Social Security Act as amended, and reviews and 
redeterminations authorized under section 211 of Public Law 104-193.
    In addition to funding already available under this heading, and 
subject to the same terms and conditions, $200,000,000, which shall 
remain available until expended, to invest in a state-of-the-art 
computing network, including related equipment and non-payroll 
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.
    In addition, $35,000,000 to be derived from administration fees in 
excess of $5.00 per supplementary payment collected pursuant to section 
1616(d) of the Social Security Act or section 212(b)(3) of Public Law 
93-66, which shall remain available until expended. To the extent that 
the amounts collected pursuant to such section 1616(d) or 212(b)(3) in 
fiscal year 1998 exceed $35,000,000, the amounts shall be available in 
fiscal year 1999 only to the extent provided in advance in 
appropriations Acts.

                      office of inspector general

                     (including transfer of funds)

     For expenses necessary for the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $6,265,000, together with not to exceed $31,089,000, 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.
    In addition, an amount not to exceed 3 percent of the total 
provided in this appropriation may be transferred from the ``Limitation 
on Administrative Expenses'', Social Security Administration, to be 
merged with this account, to be available for the time and purposes for 
which this account is available: Provided, That notice of such 
transfers shall be transmitted promptly to the Committees on 
Appropriations of the House and Senate.

                    United States Institute of Peace

                           operating expenses

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

                      TITLE V--GENERAL PROVISIONS

    Sec. 501. The Secretaries of Labor, Health and Human 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 or any State 
legislature, except in presentation to the Congress or any State 
legislature itself.
    (b) No part of any appropriation contained in this Act shall be 
used to pay the salary or expenses of any grant or contract recipient, 
or agent acting for such recipient, related to any activity designed to 
influence legislation or appropriations pending before the Congress or 
any State legislature.
    Sec. 504. The Secretaries of Labor and Education are each 
authorized to make available not to exceed $15,000 from funds available 
for salaries and expenses under titles I and III, 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 included in this Act, 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. (a) None of the funds appropriated under this Act shall 
be expended for any abortion.
    (b) None of the funds appropriated under this Act shall be expended 
for health benefits coverage that includes coverage of abortion.
    (c) The term ``health benefits coverage'' means the package of 
services covered by a managed care provider or organization pursuant to 
a contract or other arrangement.
    Sec. 509. (a) The limitations established in the preceding section 
shall not apply to an abortion--
            (1) if the pregnancy is the result of an act of rape or 
        incest; or
            (2) in the case where a woman suffers from a physical 
        disorder, physical injury, or physical illness, including a 
        life-endangering physical condition caused by or arising from 
        the pregnancy itself, that would, as certified by a physician, 
        place the woman in danger of death unless an abortion is 
        performed.
    (b) Nothing in the preceding section shall be construed as 
prohibiting the expenditure by a State, locality, entity, or private 
person of State, local, or private funds (other than a State's or 
locality's contribution of medicaid matching funds) for abortion 
services or coverage of abortion by contract or other arrangement.
    (c) Nothing in the preceding section shall be construed as 
restricting the ability of any managed care provider or organization 
from offering abortion coverage or the ability of a State or locality 
to contract separately with such a provider for such coverage with 
State funds (other than a State's or locality's contribution of 
medicaid matching funds).
    Sec. 510. Notwithstanding any other provision of law--
            (1) no amount may be transferred from an appropriation 
        account for the Departments of Labor, Health and Human 
        Services, and Education except as authorized in this or any 
        subsequent appropriation Act, or in the Act establishing the 
        program or activity for which funds are contained in this Act;
            (2) no department, agency, or other entity, other than the 
        one responsible for administering the program or activity for 
        which an appropriation is made in this Act, may exercise 
        authority for the timing of the obligation and expenditure of 
        such appropriation, or for the purpose for which it is 
        obligated and expended, except to the extent and in the manner 
        otherwise provided in sections 1512 and 1513 of title 31, 
        United States Code; and
            (3) no funds provided under this Act shall be available for 
        the salary (or any part thereof) of an employee who is 
        reassigned on a temporary detail basis to another position in 
        the employing agency or department or in any other agency or 
        department, unless the detail is independently approved by the 
        head of the employing department or agency.
    Sec. 511. None of the funds made available in this Act may be used 
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 or human diploid cells.
    Sec. 513. (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. 514. 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. 515. (a) Fees for Federal Administration of State 
Supplementary SSI Payments.--
            (1) Optional state supplementary payments.--
                    (A) In general.--Section 1616(d)(2)(B) of the 
                Social Security Act (42 U.S.C. 1382e(d)(2)(B)) is 
                amended--
                            (i) by striking ``and'' at the end of 
                        clause (iii); and
                            (ii) by striking clause (iv) and inserting 
                        the following:
            ``(iv) for fiscal year 1997, $5.00;
            ``(v) for fiscal year 1998, $6.20;
            ``(vi) for fiscal year 1999, $7.60;
            ``(vii) for fiscal year 2000, $7.80;
            ``(viii) for fiscal year 2001, $8.10;
            ``(ix) for fiscal year 2002, $8.50; and
            ``(x) for fiscal year 2003 and each succeeding fiscal 
        year--
                    ``(I) the applicable rate in the preceding fiscal 
                year, increased by the percentage, if any, by which the 
                Consumer Price Index for the month of June of the 
                calendar year of the increase exceeds the Consumer 
                Price Index for the month of June of the calendar year 
                preceding the calendar year of the increase, and 
                rounded to the nearest whole cent; or
                    ``(II) such different rate as the Commissioner 
                determines is appropriate for the State.''.
                    (B) Conforming amendment.--Section 1616(d)(2)(C) of 
                such Act (42 U.S.C. 1382e(d)(2)(C)) is amended by 
                striking ``(B)(iv)'' and inserting ``(B)(x)(II)''.
            (2) Mandatory state supplementary payments.--
                    (A) In general.--Section 212(b)(3)(B)(ii) of Public 
                Law 93-66 (42 U.S.C. 1382 note) is amended--
                            (i) by striking ``and'' at the end of 
                        subclause (III); and
                            (ii) by striking subclause (IV) and 
                        inserting the following:
            ``(IV) for fiscal year 1997, $5.00;
            ``(V) for fiscal year 1998, $6.20;
            ``(VI) for fiscal year 1999, $7.60;
            ``(VII) for fiscal year 2000, $7.80;
            ``(VIII) for fiscal year 2001, $8.10;
            ``(IX) for fiscal year 2002, $8.50; and
            ``(X) for fiscal year 2003 and each succeeding fiscal 
        year--
                    ``(aa) the applicable rate in the preceding fiscal 
                year, increased by the percentage, if any, by which the 
                Consumer Price Index for the month of June of the 
                calendar year of the increase exceeds the Consumer 
                Price Index for the month of June of the calendar year 
                preceding the calendar year of the increase, and 
                rounded to the nearest whole cent; or
                    ``(bb) such different rate as the Commissioner 
                determines is appropriate for the State.''.
                    (B) Conforming amendment.--Section 
                212(b)(3)(B)(iii) of such Act (42 U.S.C. 1382 note) is 
                amended by striking ``(ii)(IV)'' and inserting 
                ``(ii)(X)(bb)''.
    (b) Use of New Fees To Defray the Social Security Administration's 
Administrative Expenses.--
            (1) Credit to special fund for fiscal year 1998 and 
        subsequent years.--
                    (A) Optional state supplementary payment fees.--
                Section 1616(d)(4) of the Social Security Act (42 
                U.S.C. 1382e(d)(4)) is amended to read as follows:
    ``(4)(A) The first $5 of each administration fee assessed pursuant 
to paragraph (2), upon collection, shall be deposited in the general 
fund of the Treasury of the United States as miscellaneous receipts.
    ``(B) That portion of each administration fee in excess of $5, and 
100 percent of each additional services fee charged pursuant to 
paragraph (3), upon collection for fiscal year 1998 and each subsequent 
fiscal year, shall be credited to a special fund established in the 
Treasury of the United States for State supplementary payment fees. The 
amounts so credited, to the extent and in the amounts provided in 
advance in appropriations Acts, shall be available to defray expenses 
incurred in carrying out this title and related laws.''.
                    (B) Mandatory state supplementary payment fees.--
                Section 212(b)(3)(D) of Public Law 93-66 (42 U.S.C. 
                1382 note) is amended to read as follows:
    ``(D)(i) The first $5 of each administration fee assessed pursuant 
to subparagraph (B), upon collection, shall be deposited in the general 
fund of the Treasury of the United States as miscellaneous receipts.
    ``(ii) The portion of each administration fee in excess of $5, and 
100 percent of each additional services fee charged pursuant to 
subparagraph (C), upon collection for fiscal year 1998 and each 
subsequent fiscal year, shall be credited to a special fund established 
in the Treasury of the United States for State supplementary payment 
fees. The amounts so credited, to the extent and in the amounts 
provided in advance in appropriations Acts, shall be available to 
defray expenses incurred in carrying out this section and title XVI of 
the Social Security Act and related laws.''.
            (2) Limitations on authorization of appropriations.--From 
        amounts credited pursuant to section 1616(d)(4)(B) of the 
        Social Security Act and section 212(b)(3)(D)(ii) of Public Law 
        93-66 to the special fund established in the Treasury of the 
        United States for State supplementary payment fees, there is 
        authorized to be appropriated an amount not to exceed 
        $35,000,000 for fiscal year 1998, and such sums as may be 
        necessary for each fiscal year thereafter, for administrative 
        expenses in carrying out the supplemental security income 
        program under title XVI of the Social Security Act and related 
        laws.
    Sec. 516. Section 520(c)(2)(D) of Departments of Labor, Health and 
Human Services, and Education, and Related Agencies Appropriations Act, 
1997, is amended by striking ``September 30, 1997'' and inserting in 
lieu thereof ``December 31, 1997''.
    Sec. 517. Of the budgetary resources available to agencies funded 
in this Act for salaries and expenses during fiscal year 1998, 
$75,500,000, to be allocated by the Office of Management and Budget, 
are permanently canceled: Provided further, That this provision shall 
not apply to the Food and Drug Administration and the Indian Health 
Service.
    Sec. 518. Repeal of Tobacco Industry Settlement Credit.--Subsection 
(k) of section 9302 of the Balanced Budget Act of 1997, as added by 
section 1604(f)(3) of the Taxpayer Relief Act of 1997, is repealed.
    Sec. 519. (a) General Limitation.--Notwithstanding any other 
provision of law, if any attorneys' fees are paid (on behalf of 
attorneys for the plaintiffs or defendants) in connection with an 
action maintained by a State against one or more tobacco companies to 
recover tobacco-related medicaid expenditures or for other causes of 
action involved in the national tobacco settlement agreement, such fees 
shall--
            (1) not be paid at a rate that exceeds $250 per hour; and
            (2) be limited to a total of $5,000,000.
    (b) Fee Arrangements.--Subsection (a) shall apply to attorneys' 
fees provided for or in connection with an action of the type described 
in such subsection under any--
            (1) court order;
            (2) settlement agreement;
            (3) contingency fee arrangement;
            (4) arbitration procedure;
            (5) alternative dispute resolution procedure (including 
        mediation); or
            (6) other arrangement providing for the payment of 
        attorneys' fees.
    (c) Expenses.--The limitation described in subsection (a) shall not 
apply to any amounts provided for the attorneys' reasonable and 
customary expenses.
    (d) Requirements.--No award of attorneys' fees shall be made under 
any national tobacco settlement until the attorneys involved have--
            (1) provided to the Governor of the appropriate State, a 
        detailed time accounting with respect to the work performed in 
        relation to any legal action which is the subject of the 
        settlement or with regard to the settlement itself; and
            (2) made public disclosure of the time accounting under 
        paragraph (1) and any fee agreements entered into, or fee 
        arrangements made, with respect to any legal action that is the 
        subject of the settlement.
    (e) Provision of Funds for Children's Health Research.--Any amounts 
provided for attorneys' fees in excess of the limitation applicable 
under this section shall be paid into the Treasury for use by the 
National Institutes of Health for research relating to children's 
health.
    (f) Effective Date.--The limitation on the payment of attorneys' 
fees contained in this section shall become effective on the date of 
enactment of any Act providing for a national tobacco settlement.
    Sec. 520. Sense of the Senate on Compensation for Tobacco Growers 
as Part of Legislation on the National Tobacco Settlement. (a) 
Findings.--
            (1) On June 20, 1997, representatives of tobacco 
        manufacturers, public health organizations, and Attorneys 
        General from a majority of the States announced that an 
        agreement had been reached on a national tobacco settlement;
            (2) the national tobacco settlement was intended to provide 
        a comprehensive framework for dealing with several issues 
        relevant to the tobacco industry, including youth smoking 
        prevention, legal liabilities, and the sales and marketing 
        practices of the industry;
            (3) implementation of the national tobacco settlement 
        requires the enactment of Federal legislation by the Congress 
        and the President;
            (4) there are more than 125,000 farms in the United States 
        which derive a substantial portion of their income from the 
        cultivation and sale of tobacco;
            (5) representatives of tobacco growers were completely 
        excluded from the negotiations on the national tobacco 
        settlement, and were poorly informed, or not informed at all, 
        of any details of the settlement negotiations by any 
        participants in those negotiations;
            (6) the national tobacco settlement includes compensation 
        for several adversely affected groups, including NASCAR, rodeo, 
        and other event sponsors, but includes absolutely no 
        compensation whatsoever or other provisions relating to the 
        impact of the settlement on tobacco growers;
            (7) no other group has their livelihoods affected by the 
        national tobacco settlement as adversely as tobacco growers;
            (8) the local economies of tobacco growing communities will 
        be adversely affected by implementation of the national tobacco 
        settlement;
            (9) the national tobacco settlement contemplates 
        $368,500,000,000 in payments from tobacco manufacturers over 
        the next 25 years, and not all of this amount has been 
        specifically earmarked by the agreement; and
            (10) the Federal tobacco program was designed to operate at 
        no net cost to the Federal taxpayer, the national tobacco 
        settlement does not contemplate any changes to the operation of 
        this program, and even many critics of the national tobacco 
        settlement, including representatives from the public health 
        community, have expressed support for the continued operation 
        of a Federal tobacco program which operates at no net cost to 
        taxpayers.
    (b) Sense of the Senate.--It is the sense of the Senate that--
            (1) tobacco growers should be fairly compensated as part of 
        any Federal legislation for the adverse impact which will 
        follow from the enactment of the national tobacco settlement;
            (2) tobacco growing communities should be provided 
        sufficient resources to adequately adjust to the impact on 
        their local economies which will result from the enactment of 
        the national tobacco settlement;
            (3) any compensation provided to tobacco growers and 
        tobacco growing communities as part of Federal legislation to 
        implement the national tobacco settlement should be included 
        within the $368,500,000,000 in payments which are to be 
        provided over the next 25 years; and
            (4) No provisions should be included in any Federal 
        legislation to implement the national tobacco settlement which 
        would restrict or adversely affect the continued administration 
        of a viable Federal tobacco program which operates at no net 
        cost to the taxpayer.
    Sec. 521. Nothing in this Act may be construed to interfere with, 
or abrogate, any agreement previously entered into between any State 
and any private attorney or attorneys with respect to litigation 
involving tobacco.
    Sec. 522. It is the sense of the Senate that attorneys' fees paid 
in connection with an action maintained by a State against one or more 
tobacco companies to recover tobacco-related costs affected by Federal 
tobacco settlement legislation should be publicly disclosed and should 
not displace spending in the settlement legislation intended for public 
health.
    Sec. 523. (a) Notwithstanding any other provision of law, the 
Secretary of Education shall award the total amount of funds described 
in subsection (b) directly to local educational agencies in accordance 
with subsection (d) to enable the local educational agencies to support 
programs or activities for kindergarten through grade 12 students that 
the local educational agencies deem appropriate.
    (b) The total amount of funds referred to in subsection (a) are all 
funds that are appropriated for the Department of Education under this 
Act to support programs or activities for kindergarten through grade 12 
students, other than--
            (1) amounts appropriated under this Act--
                    (A) to carry out title VIII of the Elementary and 
                Secondary Education Act of 1965;
                    (B) to carry out the Individuals with Disabilities 
                Education Act;
                    (C) to carry out the Adult Education Act;
                    (D) to carry out the Museum and Library Services 
                Act;
                    (E) for departmental management expenses of the 
                Department of Education; or
                    (F) to carry out the Educational Research, 
                Development, Dissemination, and Improvement Act;
                    (G) to carry out the National Education Statistics 
                Act of 1994;
                    (H) to carry out section 10601 of the Elementary 
                and Secondary Education Act of 1965;
                    (I) to carry out section 2102 of the Elementary and 
                Secondary Education Act of 1965;
                    (J) to carry out part K of the Elementary and 
                Secondary Education Act of 1965;
                    (K) to carry out subpart 5 of part A of title IV of 
                the Higher Education Act of 1965; or
                    (L) to carry out title I of the Elementary and 
                Secondary Education Act of 1965; or
            (2) 50 percent of the amount appropriated under title III 
        under the headings ``Rehabilitation Services and Disability 
        Research'' and ``Vocational and Adult Education''.
    (c) Each local educational agency shall conduct a census to 
determine the number of kindergarten through grade 12 students served 
by the local educational agency not later than 21 days after the 
beginning of the school year. Each local educational agency shall 
submit the number to the Secretary.
    (d) The Secretary shall determine the amount awarded to each local 
educational agency under subsection (a) as follows:
            (1) First, the Secretary, using the information provided 
        under subsection (c), shall determine a per child amount by 
        dividing the total amount of funds described in subsection (b), 
        by the total number of kindergarten through grade 12 students 
        in all States.
            (2) Second, the Secretary, using the information provided 
        under subsection (c), shall determine the baseline amount for 
        each local educational agency by multiplying the per child 
        amount determined under paragraph (1) by the number of 
        kindergarten through grade 12 students that are served by the 
        local educational agency.
            (3) Lastly, the Secretary shall compute the amount awarded 
        to each local educational agency as follows:
                    (A) Multiply the baseline amount determined under 
                paragraph (2) by a factor of 1.1 for local educational 
                agencies serving States that are in the least wealthy 
                quintile of all States as determined by the Secretary 
                on the basis of the per capita income of individuals in 
                the States.
                    (B) Multiply the baseline amount by a factor of 
                1.05 for local educational agencies serving States that 
                are in the second least wealthy such quintile.
                    (C) Multiply the baseline amount by a factor of 
                1.00 for local educational agencies serving States that 
                are in the third least wealthy such quintile.
                    (D) Multiply the baseline amount by a factor of .95 
                for local educational agencies serving States that are 
                in the fourth least wealthy such quintile.
                    (E) Multiply the baseline amount by a factor of .90 
                for local educational agencies serving States that are 
                in the wealthiest such quintile.
            (4) Notwithstanding paragraph (3), the Secretary shall 
        compute the amount awarded to each local educational agency 
        serving the State of Alaska or Hawaii by multiplying the base 
        line amount determined under paragraph (2) for the local 
        educational agency by a factor of 1.00.
    (e) If the total amount of funds described in subsection (b) that 
are made available to carry out subsection (a) is insufficient to pay 
in full all amounts awarded under subsection (d), then the Secretary 
shall ratably reduce each such amount.
    (f) If the Secretary determines that a local educational agency has 
knowingly submitted false information under subsection (c) for the 
purpose of gaining additional funds under subsection (a), then the 
local educational agency shall be fined an amount equal to twice the 
difference between the amount the local educational agency received 
under subsection (d), and the correct amount the local educational 
agency would have received if the agency had submitted accurate 
information under subsection (c).
    (g)(1) Notwithstanding any other provision of law, the Secretary of 
Education shall award the total amount of funds made available under 
this Act to carry out title I of the Elementary and Secondary Education 
Act of 1965 for fiscal year 1998 directly to local educational agencies 
in accordance with paragraph (2) to enable the local educational 
agencies to support programs or activities for kindergarten through 
grade 12 students that the local educational agencies deem appropriate.
    (2) Each local educational agency shall receive an amount awarded 
under this subsection that bears the same relation to the total amount 
of funds made available under this Act to carry out title I of the 
Elementary and Secondary Education Act of 1965 for fiscal year 1998 as 
the number of children counted under section 1124(c) of such Act for 
the local educational agency for fiscal year 1997 bears to the total 
number of students so counted for all local educational agencies for 
fiscal year 1997.
    (h) Notwithstanding any other provision of this section, the total 
amount awarded to local educational agencies in each State under this 
section shall not be less than the net dollars that States would have 
received absent the provisions of this section.
    (i) In this section--
            (1) the term ``local educational agency'' has the meaning 
        given the term in section 14101 of the Elementary and Secondary 
        Education Act of 1965;
            (2) the term ``Secretary'' means the Secretary of 
        Education; and
            (3) the term ``State'' means each of the several States of 
        the United States, the District of Columbia, the Commonwealth 
        of Puerto Rico, Guam, American Samoa, the Commonwealth of the 
        Northern Mariana Islands, the United States Virgin Islands, the 
        Republic of the Marshall Islands, the Federated States of 
        Micronesia, and the Republic of Palau.
    Sec. 524. (a) Notwithstanding any other provision of law, the 
Office of Educational Research and Improvement shall submit to the 
Committee on Appropriations of the Senate a spending plan for 
activities funded under this title under the heading ``Education 
Research, Statistics, and Improvement'', prior to the obligation of the 
funds.
    (b)(1) Notwithstanding any other provision of law, the National 
Assessment Governing Board established under section 412 of the 
National Education Statistics Act of 1994 (20 U.S.C. 9011) (hereafter 
in this section referred to as the ``Board'') shall hereafter have 
exclusive authority over all policies, direction, and guidelines for 
establishing and implementing voluntary national tests for 4th grade 
English reading and 8th grade mathematics: Provided, That the tests 
shall be made available to a State, local educational agency, or 
private or parochial school, upon the request of the State, agency, or 
school, and the use of the tests shall not be a condition for receiving 
any Federal funds: Provided further, That within 90 days after the date 
of enactment of this Act, the Board shall review the national test 
development contract in effect on the date of enactment of this Act, 
and modify the contract as the Board determines necessary: Provided 
further, That if the contract cannot be modified to the extent 
determined necessary by the Board, the contract shall be terminated and 
the Board shall negotiate a new contract, under the Board's exclusive 
control, for the tests.
    (2) In exercising the Board's responsibilities under paragraph (1) 
regarding the national tests, and notwithstanding any action undertaken 
by the Department of Education or a person contracting with or 
providing services for the Department regarding the planning, or the 
development of specifications, for the tests, the Board shall--
            (A) ensure that the content and standards for the tests are 
        the same as the content and standards for the National 
        Assessment;
            (B) exercise exclusive authority over any expert panel or 
        advisory committee that will be or is established with respect 
        to the tests;
            (C) ensure that the tests are linked to the National 
        Assessment to the maximum degree possible;
            (D) develop test objectives, test specifications, and test 
        methodology;
            (E) develop policies for test administration, including 
        guidelines for inclusion of, and accommodations for, students 
        with disabilities and students with limited English 
        proficiency;
            (F) develop policies for reporting test results, including 
        the use of standards or performance levels, and for test use;
            (G) have final authority over the appropriateness of all 
        test items;
            (H) ensure that all items selected for use on the tests are 
        free from racial, cultural, or gender bias; and
            (I) take such actions and make such policies as the Board 
        determines necessary.
    (c) No State or local educational agency may require any private or 
parochial school student, or home-schooled individual, to take any test 
developed under this Act without the written consent of the student or 
individual.
    (d) Section 412 of the National Education Statistics Act of 1994 
(20 U.S.C. 9011) is amended--
            (1) in subsection (b)(1)--
                    (A) by amending subparagraph (A) to read as 
                follows:
                    ``(A) three Governors, or former Governors, of whom 
                not more than 1 shall be a member of the same political 
                party as the President;'';
                    (B) by amending subparagraph (B) to read as 
                follows:
                    ``(B) two State legislators, of whom not more than 
                1 shall be a member of the same political party as the 
                President;'';
                    (C) in subparagraph (H), by striking ``one 
                representative'' and inserting ``three 
                representatives'';
                    (D) by amending subparagraph (I) to read as 
                follows:
                    ``(I) two mayors, of whom not more than 1 shall be 
                a member of the same political party as the 
                President;'';
                    (E) by striking subparagraph (J); and
                    (F) by redesignating subparagraphs (K), (L), and 
                (M) as subparagraphs (J), (K), and (L), respectively;
            (2) in subsection (c)--
                    (A) in paragraph (1), by striking ``and may not 
                exceed a period of 3'' and inserting ``and shall be for 
                periods of 4''; and
                    (B) in paragraph (2), by inserting ``consecutive'' 
                after ``two'';
            (3) by amending subsection (d) to read as follows:
    ``(d) Vacancies.--As vacancies on the Board occur, new members of 
the Board shall be appointed by the Secretary from among individuals 
who are nominated by the Board after consultation with representatives 
of the individuals described in subsection (b)(1). For each vacancy, 
the Board shall nominate at least 3 individuals who are qualified by 
experience or training to fill the particular Board vacancy.''; and
            (4) in subsection (e) by adding at the end the following:
            ``(7) Independence.--In the exercise of its functions, 
        powers, and duties, the Board shall be independent of the 
        Secretary and the other offices and officers of the Department. 
        The Secretary shall, by written delegation of authority, 
        authorize the Board to award grants and contracts, and 
        otherwise operate, to the maximum extent practicable, 
        independent of the Department.''.
    (e) Not later than 30 days after the date of enactment of this Act, 
the Secretary of Education, in consultation with the Speaker and 
Minority Leader of the House of Representatives, and the Majority 
Leader and Minority Leader of the Senate, shall appoint individuals to 
fill vacancies on the National Assessment Governing Board caused by the 
expiration of the terms of members of the Board, or the creation of new 
membership positions on the Board pursuant to amendments made by this 
Act.
    This Act may be cited as the ``Departments of Labor, Health and 
Human Services, and Education, and Related Agencies Appropriations Act, 
1998''.

            Attest:

                                                             Secretary.
105th CONGRESS

  1st Session

                               H. R. 2264

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                               AMENDMENT

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