[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2264 Public Print (PP)]

  1st Session
                                H. R. 2264


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 17, 1997

    Ordered to be printed with the amendments of the Senate numbered

_______________________________________________________________________

                                 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, (1)<DELETED>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:

            <DELETED>TITLE I--DEPARTMENT OF LABOR</DELETED>

       <DELETED>Employment and Training Administration</DELETED>

          <DELETED>training and employment services</DELETED>

<DELETED>    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; $5,162,601,000 (reduced 
by $21,000,000) plus reimbursements, of which $2,500,000 shall be 
available for purposes of carrying out section 738 of the Stewart B. 
McKinney Homeless Assistance Act (relating to homelesss veterans' 
reintegration projects); of which $3,872,463,000 (reduced by 
$21,000,000) 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; 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; and of which $100,000,000 shall be available for 
obligation for the period July 1, 1999 through June 30, 2000 for 
Opportunity Areas for Out-of-School Youth only if specifically 
authorized by subsequent legislation: Provided, That $52,502,000 shall 
be for carrying out section 401 of the Job Training Partnership Act, 
$69,285,000 shall be for carrying out section 402 of such Act, 
$7,300,000 shall be for carrying out section 441 of such Act, 
$5,000,000 shall be for all activities conducted by and through the 
National Occupational Information Coordinating Committee under such 
Act, $1,063,990,000 (reduced by $21,000,000) 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 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 service delivery areas may 
transfer funding provided herein under authority of titles 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.</DELETED>

  <DELETED>community service employment for older americans</DELETED>

                 <DELETED>(transfer of funds)</DELETED>

<DELETED>    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, $343,356,000.</DELETED>
<DELETED>    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, $96,844,000.</DELETED>
<DELETED>    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.</DELETED>

    <DELETED>federal unemployment benefits and allowances</DELETED>

<DELETED>    For payments during the current fiscal year of trade 
adjustment benefit payments and allowances under part I, and for 
training, for allowances for job search and relocation, and for related 
State administrative expenses under part II, subchapters B and D, 
chapter 2, title II of the Trade Act of 1974, as amended, $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.</DELETED>

     <DELETED>state unemployment insurance and employment service 
                          operations</DELETED>

<DELETED>    For authorized administrative expenses, $173,452,000, 
together with not to exceed $3,332,476,000 (reduced by $20,000,000) 
(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 $200,000,000 (reduced by $10,000,000) 
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 $206,333,000 (reduced by $10,000,000) 
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.</DELETED>

      <DELETED>advances to the unemployment trust fund and other 
                            funds</DELETED>

<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>

               <DELETED>program administration</DELETED>

<DELETED>    For expenses of administering employment and training 
programs, $84,308,000, together with not to exceed $41,285,000, which 
may be expended from the Employment Security Administration account in 
the Unemployment Trust Fund.</DELETED>

     <DELETED>Pension and Welfare Benefits Administration</DELETED>

                <DELETED>salaries and expenses</DELETED>

<DELETED>    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.</DELETED>

        <DELETED>Pension Benefit Guaranty Corporation</DELETED>

      <DELETED>pension benefit guaranty corporation fund</DELETED>

<DELETED>    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.</DELETED>

         <DELETED>Employment Standards Administration</DELETED>

                <DELETED>salaries and expenses</DELETED>

<DELETED>    For necessary expenses for the Employment Standards 
Administration, including reimbursement to State, Federal, and local 
agencies and their employees for inspection services rendered, 
$298,007,000, 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, That $500,000 
shall be for the development and implementation of the electronic 
submission of reports required to be filed under the Labor-Management 
Reporting and Disclosure Act of 1959, as amended, and for a computer 
database of the information for each submission that is indexed and 
easily searchable by the public via the Internet: 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.).</DELETED>

                  <DELETED>special benefits</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    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.</DELETED>

          <DELETED>black lung disability trust fund</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    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 the 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.</DELETED>

    <DELETED>Occupational Safety and Health Administration</DELETED>

                <DELETED>salaries and expenses</DELETED>

<DELETED>    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--</DELETED>
        <DELETED>    (1) to provide, as authorized by such Act, 
        consultation, technical assistance, educational and training 
        services, and to conduct surveys and studies;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (3) to take any action authorized by such Act with 
        respect to imminent dangers;</DELETED>
        <DELETED>    (4) to take any action authorized by such Act with 
        respect to health hazards;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>

        <DELETED>Mine Safety and Health Administration</DELETED>

                <DELETED>salaries and expenses</DELETED>

<DELETED>    For necessary expenses for the Mine Safety and Health 
Administration, $199,159,000, 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.</DELETED>

             <DELETED>Bureau of Labor Statistics</DELETED>

                <DELETED>salaries and expenses</DELETED>

<DELETED>    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, $327,609,000, 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 $52,848,000, which may be expended from the 
Employment Security Administration account in the Unemployment Trust 
Fund.</DELETED>

               <DELETED>Departmental Management</DELETED>

                <DELETED>salaries and expenses</DELETED>

<DELETED>    For necessary expenses for Departmental Management, 
including the hire of three sedans, and including up to $4,402,000 for 
the President's Committee on Employment of People With Disabilities, 
$152,199,000; 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.).</DELETED>

                <DELETED>working capital fund</DELETED>

<DELETED>    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.''.</DELETED>

       <DELETED>assistant secretary for veterans employment and 
                           training</DELETED>

<DELETED>    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.</DELETED>

             <DELETED>office of inspector general</DELETED>

<DELETED>    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, (reduced by $1,000,000) together with 
not to exceed $3,645,000, which may be expended from the Employment 
Security Administration account in the Unemployment Trust 
Fund.</DELETED>

                 <DELETED>GENERAL PROVISIONS</DELETED>

<DELETED>    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 (reduced by $25,000).</DELETED>

                 <DELETED>(transfer of funds)</DELETED>

<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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 ergonomics guidelines through section 5 (the general 
duty clause) of the Occupational Safety and Health Act of 1970 (29 
U.S.C. 654).</DELETED>
<DELETED>    This title may be cited as the ``Department of Labor 
Appropriations Act, 1998''.</DELETED>

  <DELETED>TITLE II--DEPARTMENT OF HEALTH AND HUMAN SERVICES</DELETED>

    <DELETED>Health Resources and Services Administration</DELETED>

            <DELETED>health resources and services</DELETED>

<DELETED>    For carrying out titles II, III, VII, VIII, X, XII, XIX, 
and XXVI of the Public Health Service Act, section 427(a) of the 
Federal Coal Mine Health and Safety Act, title V of the Social Security 
Act, and the Health Care Quality Improvement Act of 1986, as amended, 
$3,616,068,000 (reduced by $9,000,000), 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 of the funds made available under this heading, 
$2,500,000 shall be available until expended for facilities renovations 
at the Gillis W. Long Hansen's Disease Center: Provided further, That 
in addition to fees authorized by section 427(b) of the Health Care 
Quality Improvement Act of 1986, fees shall be collected for the full 
disclosure of information under the Act sufficient to recover the full 
costs of operating the National Practitioner Data Bank, and shall 
remain available until expended to carry out that Act: Provided 
further, That no more than $5,000,000 is available for carrying out the 
provisions of Public Law 104-73: Provided further, That of the funds 
made available under this heading, $203,452,000 (reduced by $9,000,000) 
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 $299,000,000 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 $4,600,000 shall be made available 
and shall remain available until expended for loan guarantees for loans 
made by non-Federal lenders 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 $53,300,000: Provided further, 
That notwithstanding section 502(a)(1) of the Social Security Act, not 
to exceed $105,624,000 is available for carrying out special projects 
of regional and national significance pursuant to section 501(a)(2) of 
such Act.</DELETED>

     <DELETED>medical facilities guarantee and loan fund</DELETED>

  <DELETED>federal interest subsidies for medical facilities</DELETED>

<DELETED>    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.</DELETED>

      <DELETED>health education assistance loans program</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    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.</DELETED>

   <DELETED>vaccine injury compensation program trust fund</DELETED>

<DELETED>    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.</DELETED>

     <DELETED>Centers for Disease Control and Prevention</DELETED>

       <DELETED>disease control, research, and training</DELETED>

<DELETED>    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, $2,343,737,000, of which $20,000,000 shall 
remain available until expended for equipment and construction and 
renovation of facilities, and in addition, such sums as may be derived 
from authorized user fees, which shall be credited to this account: 
Provided, That in addition to amounts provided herein, up to 
$48,400,000 shall be available from amounts available under section 241 
of the Public Health Service Act, to carry out the National Center for 
Health Statistics surveys: Provided further, That none of the funds 
made available for injury prevention and control at the Centers for 
Disease Control and Prevention may be used to advocate or promote gun 
control: 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.</DELETED>
<DELETED>    In addition, $45,000,000, to be derived from the Violent 
Crime Reduction Trust Fund, for carrying out section 40151 of Public 
Law 103-322.</DELETED>

            <DELETED>National Institutes of Health</DELETED>

              <DELETED>national cancer institute</DELETED>

<DELETED>    For carrying out section 301 and title IV of the Public 
Health Service Act with respect to cancer, $2,513,020,000.</DELETED>

      <DELETED>national heart, lung, and blood institute</DELETED>

<DELETED>    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, $1,513,004,000.</DELETED>

        <DELETED>national institute of dental research</DELETED>

<DELETED>    For carrying out section 301 and title IV of the Public 
Health Service Act with respect to dental disease, 
$209,403,000.</DELETED>

   <DELETED>national institute of diabetes and digestive and kidney 
                           diseases</DELETED>

<DELETED>    For carrying out section 301 and title IV of the Public 
Health Service Act with respect to diabetes and digestive and kidney 
disease, $874,337,000.</DELETED>

       <DELETED>national institute of neurological disorders and 
                            stroke</DELETED>

<DELETED>    For carrying out section 301 and title IV of the Public 
Health Service Act with respect to neurological disorders and stroke, 
$763,325,000.</DELETED>

         <DELETED>national institute of allergy and infectious 
                           diseases</DELETED>

<DELETED>    For carrying out section 301 and title IV of the Public 
Health Service Act with respect to allergy and infectious diseases, 
$1,339,459,000.</DELETED>

   <DELETED>national institute of general medical sciences</DELETED>

<DELETED>    For carrying out section 301 and title IV of the Public 
Health Service Act with respect to general medical sciences, 
$1,047,963,000.</DELETED>

         <DELETED>national institute of child health and human 
                         development</DELETED>

<DELETED>    For carrying out section 301 and title IV of the Public 
Health Service Act with respect to child health and human development, 
$666,682,000.</DELETED>

               <DELETED>national eye institute</DELETED>

<DELETED>    For carrying out section 301 and title IV of the Public 
Health Service Act with respect to eye diseases and visual disorders, 
$354,032,000.</DELETED>

 <DELETED>national institute of environmental health sciences</DELETED>

<DELETED>    For carrying out sections 301 and 311 and title IV of the 
Public Health Service Act with respect to environmental health 
sciences, $328,583,000.</DELETED>

             <DELETED>national institute on aging</DELETED>

<DELETED>    For carrying out section 301 and title IV of the Public 
Health Service Act with respect to aging, $509,811,000.</DELETED>

 <DELETED>national institute of arthritis and musculoskeletal and skin 
                           diseases</DELETED>

<DELETED>    For carrying out section 301 and title IV of the Public 
Health Service Act with respect to arthritis and musculoskeletal and 
skin diseases, $269,807,000.</DELETED>

    <DELETED>national institute on deafness and other communication 
                          disorders</DELETED>

<DELETED>    For carrying out section 301 and title IV of the Public 
Health Service Act with respect to deafness and other communication 
disorders, $198,373,000.</DELETED>

       <DELETED>national institute of nursing research</DELETED>

<DELETED>    For carrying out section 301 and title IV of the Public 
Health Service Act with respect to nursing research, 
$62,451,000.</DELETED>

 <DELETED>national institute on alcohol abuse and alcoholism</DELETED>

<DELETED>     For carrying out section 301 and title IV of the Public 
Health Service Act with respect to alcohol abuse and alcoholism, 
$226,205,000.</DELETED>

          <DELETED>national institute on drug abuse</DELETED>

<DELETED>    For carrying out section 301 and title IV of the Public 
Health Service Act with respect to drug abuse, $525,641,000.</DELETED>

         <DELETED>national institute of mental health</DELETED>

<DELETED>    For carrying out section 301 and title IV of the Public 
Health Service Act with respect to mental health, 
$744,235,000.</DELETED>

      <DELETED>national human genome research institute</DELETED>

<DELETED>    For carrying out section 301 and title IV of the Public 
Health Service Act with respect to human genome research, 
$211,772,000.</DELETED>

       <DELETED>national center for research resources</DELETED>

<DELETED>    For carrying out section 301 and title IV of the Public 
Health Service Act with respect to research resources and general 
research support grants, $436,961,000: 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.</DELETED>

        <DELETED>john e. fogarty international center</DELETED>

<DELETED>    For carrying out the activities at the John E. Fogarty 
International Center, $27,620,000.</DELETED>

            <DELETED>national library of medicine</DELETED>

<DELETED>    For carrying out section 301 and title IV of the Public 
Health Service Act with respect to health information communications, 
$161,171,000, 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.</DELETED>

               <DELETED>office of the director</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    For carrying out the responsibilities of the Office of the 
Director, National Institutes of Health, $298,339,000: Provided, That 
funding shall be available for the purchase of not to exceed five 
passenger motor vehicles for replacement only: Provided further, That 
the Director may direct up to 1 percent of the total amount made 
available in this Act to all National Institutes of Health 
appropriations to activities the Director may so designate: Provided 
further, That no such appropriation shall be 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.</DELETED>

              <DELETED>buildings and facilities</DELETED>

<DELETED>    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, $223,100,000, 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.</DELETED>

          <DELETED>Substance Abuse and Mental Health Services 
                        Administration</DELETED>

     <DELETED>substance abuse and mental health services</DELETED>

<DELETED>    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, $2,151,943,000.</DELETED>

     <DELETED>retirement pay and medical benefits for commissioned 
                           officers</DELETED>

<DELETED>    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.</DELETED>

     <DELETED>Agency for Health Care Policy and Research</DELETED>

           <DELETED>health care policy and research</DELETED>

<DELETED>    For carrying out titles III and IX of the Public Health 
Service Act, and part A of title XI of the Social Security Act, 
$101,588,000; 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 $47,412,000.</DELETED>

        <DELETED>Health Care Financing Administration</DELETED>

            <DELETED>grants to states for medicaid</DELETED>

<DELETED>    For carrying out, except as otherwise provided, titles XI 
and XIX of the Social Security Act, $71,530,429,000, to remain 
available until expended.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>

         <DELETED>payments to health care trust funds</DELETED>

<DELETED>    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.</DELETED>

                 <DELETED>program management</DELETED>

<DELETED>    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 $1,679,435,000 to be transferred from the Federal Hospital 
Insurance and the Federal Supplementary Medical Insurance Trust Funds, 
as authorized by section 201(g) of the Social Security Act; together 
with all funds collected in accordance with section 353 of the Public 
Health Service Act, the latter funds to remain available until 
expended, together with such sums as may be collected from authorized 
user fees and the sale of data, which shall remain available until 
expended: Provided, That all funds derived in accordance with 31 U.S.C. 
9701 from organizations established under title XIII of the Public 
Health Service Act are to be credited to and available for carrying out 
the purposes of this appropriation.</DELETED>

   <DELETED>health maintenance organization loan and loan guarantee 
                             fund</DELETED>

<DELETED>    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.</DELETED>

      <DELETED>Administration for Children and Families</DELETED>

          <DELETED>family support payments to states</DELETED>

<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>

          <DELETED>low income home energy assistance</DELETED>

<DELETED>    For making payments under title XXVI of the Omnibus Budget 
Reconciliation Act of 1981, $1,000,000,000, to be available for 
obligation in the period October 1, 1998 through September 30, 
1999.</DELETED>
<DELETED>    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.</DELETED>

           <DELETED>refugee and entrant assistance</DELETED>

<DELETED>    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), $415,000,000: 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.</DELETED>

       <DELETED>child care and development block grant</DELETED>

<DELETED>    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), $1,000,000,000 to become available on October 1, 
1998 and remain available through September 30, 1999: 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.</DELETED>

             <DELETED>social services block grant</DELETED>

<DELETED>    For making grants to States pursuant to section 2002 of 
the Social Security Act, $2,245,000,000.</DELETED>

       <DELETED>children and families services programs</DELETED>

               <DELETED>(including rescissions)</DELETED>

<DELETED>    For carrying out, except as otherwise provided, the 
Runaway and Homeless Youth Act, the Developmental Disabilities 
Assistance and Bill of Rights Act, the Head Start Act, the Child Abuse 
Prevention and Treatment Act, the 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, $5,565,217,000 (increased by $32,835,000, for community 
based resource centers), of which $537,165,000 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.</DELETED>
<DELETED>    In addition, $99,000,000, to be derived from the Violent 
Crime Reduction Trust Fund, for carrying out sections 40155, 40211 and 
40241 of Public Law 103-322.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    Funds appropriated for fiscal year 1998 under section 
413(h)(1) of the Social Security Act shall be reduced by 
$15,000,000.</DELETED>

           <DELETED>family preservation and support</DELETED>

<DELETED>    For carrying out section 430 of the Social Security Act, 
$255,000,000.</DELETED>

       <DELETED>payments to states for foster care and adoption 
                          assistance</DELETED>

<DELETED>    For making payments to States or other non-Federal 
entities, under title IV-E of the Social Security Act, 
$3,200,000,000.</DELETED>
<DELETED>    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.</DELETED>

               <DELETED>Administration on Aging</DELETED>

               <DELETED>aging services programs</DELETED>

<DELETED>    For carrying out, to the extent not otherwise provided, 
the Older Americans Act of 1965, as amended, $810,545,000 (increased by 
$4,725,000): 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.</DELETED>

               <DELETED>Office of the Secretary</DELETED>

           <DELETED>general departmental management</DELETED>

<DELETED>    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, 
$159,636,000, 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.</DELETED>

             <DELETED>office of inspector general</DELETED>

<DELETED>    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 (reduced by $1,000,000).</DELETED>

               <DELETED>office for civil rights</DELETED>

<DELETED>    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.</DELETED>

                   <DELETED>policy research</DELETED>

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

                 <DELETED>GENERAL PROVISIONS</DELETED>

<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>

                 <DELETED>(transfer of funds)</DELETED>

<DELETED>    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.</DELETED>

                 <DELETED>(transfer of funds)</DELETED>

<DELETED>    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.</DELETED>

                 <DELETED>(transfer of funds)</DELETED>

<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    Sec. 211. (a) The Secretary of Health and Human Services 
may in accordance with this section provide for the relocation of the 
Federal facility known as the Gillis W. Long Hansen's Disease Center 
(located in the vicinity of Carville, in the State of Louisiana), 
including the relocation of the patients of the Center.</DELETED>
<DELETED>    (b)(1) Subject to paragraph (2), in relocating the Center 
the Secretary may on behalf of the United States transfer to the State 
of Louisiana, without charge, title to the real property and 
improvements that as of the date of the enactment of this Act 
constitute the Center. Such real property is a parcel consisting of 
approximately 330 acres. The exact acreage and legal description used 
for purposes of the transfer shall be in accordance with a survey 
satisfactory to the Secretary.</DELETED>
<DELETED>    (2) Any conveyance under paragraph (1) is not effective 
unless the deed or other instrument of conveyance contains the 
conditions specified in subsection (d); the instrument specifies that 
the United States and the State of Louisiana agree to such conditions; 
and the instrument specifies that, if the State engages in a material 
breach of the conditions, title to the real property and improvements 
involved reverts to the United States at the election of the 
Secretary.</DELETED>
<DELETED>    (c)(1) With respect to Federal equipment and other items 
of Federal personal property that are in use at the Center as of the 
date of the enactment of this Act, the Secretary may, subject to 
paragraph (2), transfer to the State such items as the Secretary 
determines to be appropriate, if the Secretary makes the transfer under 
subsection (b).</DELETED>
<DELETED>    (2) A transfer of equipment or other items may be made 
under paragraph (1) only if the State agrees that, during the 30-year 
period beginning on the date on which the transfer under subsection (b) 
is made, the items will be used exclusively for purposes that promote 
the health or education of the public, except that the Secretary may 
authorize such exceptions as the Secretary determines to be 
appropriate.</DELETED>
<DELETED>    (d) For purposes of subsection (b)(2), the conditions 
specified in this subsection with respect to a transfer of title are 
the following:</DELETED>
        <DELETED>    (1) During the 30-year period beginning on the 
        date on which the transfer is made, the real property and 
        improvements referred to in subsection (b)(1) (referred to in 
        this subsection as the ``transferred property'') will be used 
        exclusively for purposes that promote the health or education 
        of the public, with such incidental exceptions as the Secretary 
        may approve.</DELETED>
        <DELETED>    (2) For purposes of monitoring the extent to which 
        the transferred property is being used in accordance with 
        paragraph (1), the Secretary will have access to such documents 
        as the Secretary determines to be necessary, and the Secretary 
        may require the advance approval of the Secretary for such 
        contracts, conveyances of real or personal property, or other 
        transactions as the Secretary determines to be 
        necessary.</DELETED>
        <DELETED>    (3) The relocation of patients from the 
        transferred property will be completed not later than 3 years 
        after the date on which the transfer is made, except to the 
        extent the Secretary determines that relocating particular 
        patients is not feasible. During the period of relocation, the 
        Secretary will have unrestricted access to the transferred 
        property, and after such period will have such access as may be 
        necessary with respect to the patients who pursuant to the 
        preceding sentence are not relocated.</DELETED>
        <DELETED>    (4)(A) With respect to projects to make repairs 
        and energy-related improvements at the transferred property, 
        the Secretary will provide for the completion of all such 
        projects for which contracts have been awarded and 
        appropriations have been made as of the date on which the 
        transfer is made.</DELETED>
        <DELETED>    (B) If upon completion of the projects referred to 
        in subparagraph (A) there are any unobligated balances of 
        amounts appropriated for the projects, and the sum of such 
        balances is in excess of $100,000--</DELETED>
                <DELETED>    (i) the Secretary will transfer the amount 
                of such excess to the State; and</DELETED>
                <DELETED>    (ii) the State will expend such amount for 
                the purposes referred to in paragraph (1), which may 
                include the renovation of facilities at the transferred 
                property.</DELETED>
        <DELETED>    (5)(A) The State will maintain the cemetery 
        located on the transferred property, will permit individuals 
        who were long-term-care patients of the Center to be buried at 
        the cemetery, and will permit members of the public to visit 
        the cemetery.</DELETED>
        <DELETED>    (B) The State will permit the Center to maintain a 
        museum on the transferred property, and will permit members of 
        the public to visit the museum.</DELETED>
        <DELETED>    (C) In the case of any waste products stored at 
        the transferred property as of the date of the transfer, the 
        Federal Government will after the transfer retain title to and 
        responsibility for the products, and the State will not require 
        that the Federal Government remove the products from the 
        transferred property.</DELETED>
        <DELETED>    (6) In the case of each individual who as of the 
        date of the enactment of this Act is a Federal employee at the 
        transferred property with facilities management or dietary 
        duties:</DELETED>
                <DELETED>    (A) The State will offer the individual an 
                employment position with the State, the position with 
                the State will have duties similar to the duties the 
                individual performed in his or her most recent position 
                at the transferred property, and the position with the 
                State will provide compensation and benefits that are 
                similar to the compensation and benefits provided for 
                such most recent position, subject to the concurrence 
                of the Governor of the State.</DELETED>
                <DELETED>    (B) If the individual becomes an employee 
                of the State pursuant to subparagraph (A), the State 
                will make payments in accordance with subsection 
                (e)(2)(B) (relating to disability), as applicable with 
                respect to the individual.</DELETED>
        <DELETED>    (7) The Federal Government may, consistent with 
        the intended uses by the State of the transferred property, 
        carry out at such property activities regarding at-risk 
        youth.</DELETED>
        <DELETED>    (8) Such additional conditions as the Secretary 
        determines to be necessary to protect the interests of the 
        United States.</DELETED>
<DELETED>    (e)(1) This subsection applies if the transfer under 
subsection (b) is made.</DELETED>
<DELETED>    (2) In the case of each individual who as of the date of 
the enactment of this Act is a Federal employee at the Center with 
facilities management or dietary duties, and who becomes an employee of 
the State pursuant to subsection (d)(6)(A):</DELETED>
        <DELETED>    (A) The provisions of subchapter III of chapter 83 
        of title 5, United States Code, or of chapter 84 of such title, 
        whichever are applicable, that relate to disability shall be 
        considered to remain in effect with respect to the individual 
        (subject to subparagraph (C)) until the earlier of--</DELETED>
                <DELETED>    (i) the expiration of the 2-year period 
                beginning on the date on which the transfer under 
                subsection (b) is made; or</DELETED>
                <DELETED>    (ii) the date on which the individual 
                first meets all conditions for coverage under a State 
                program for payments during retirement by reason of 
                disability.</DELETED>
        <DELETED>    (B) The payments to be made by the State pursuant 
        to subsection (d)(6)(B) with respect to the individual are 
        payments to the Civil Service Retirement and Disability Fund, 
        if the individual is receiving Federal disability coverage 
        pursuant to subparagraph (A). Such payments are to be made in a 
        total amount equal to that portion of the normal-cost 
        percentage (determined through the use of dynamic assumptions) 
        of the basic pay of the individual that is allocable to such 
        coverage and is paid for service performed during the period 
        for which such coverage is in effect. Such amount is to be 
        determined in accordance with chapter 84 of such title 5, is to 
        be paid at such time and in such manner as mutually agreed by 
        the State and the Office of Personnel Management, and is in 
        lieu of individual or agency contributions otherwise 
        required.</DELETED>
        <DELETED>    (C) In the determination pursuant to subparagraph 
        (A) of whether the individual is eligible for Federal 
        disability coverage (during the applicable period of time under 
        such subparagraph), service as an employee of the State after 
        the date of the transfer under subsection (b) shall be counted 
        toward the service requirement specified in the first sentence 
        of section 8337(a) or 8451(a)(1)(A) of such title 5 (whichever 
        is applicable).</DELETED>
<DELETED>    (3) In the case of each individual who as of the date of 
the enactment of this Act is a Federal employee with a position at the 
Center and is, for duty at the Center, receiving the pay differential 
under section 208(e) of the Public Health Service Act or under section 
5545(d) of title 5, United States Code:</DELETED>
        <DELETED>    (A) If as of the date of the transfer under 
        subsection (b) the individual is eligible for an annuity under 
        section 8336 or 8412 of title 5, United States Code, then once 
        the individual separates from the service and thereby becomes 
        entitled to receive the annuity, the pay differential shall be 
        included in the computation of the annuity if the individual 
        separated from the service not later than the expiration of the 
        90-day period beginning on the date of the transfer.</DELETED>
        <DELETED>    (B) If the individual is not eligible for such an 
        annuity as of the date of the transfer under subsection (b) but 
        subsequently does become eligible, then once the individual 
        separates from the service and thereby becomes entitled to 
        receive the annuity, the pay differential shall be included in 
        the computation of the annuity if the individual separated from 
        the service not later than the expiration of the 90-day period 
        beginning on the date on which the individual first became 
        eligible for the annuity.</DELETED>
        <DELETED>    (C) For purposes of this paragraph, the individual 
        is eligible for the annuity if the individual meets all 
        conditions under such section 8336 or 8412 to be entitled to 
        the annuity, except the condition that the individual be 
        separated from the service.</DELETED>
<DELETED>    (4) With respect to individuals who as of the date of the 
enactment of this Act are Federal employees with positions at the 
Center and are not, for duty at the center, receiving the pay 
differential under section 208(e) of the Public Health Service Act or 
under section 5545(d) of title 5, United States Code:</DELETED>
        <DELETED>    (A) During the calendar years 1997 and 1998, the 
        Secretary may in accordance with this paragraph provide to any 
        such individual a voluntary separation incentive payment. The 
        purpose of such payments is to avoid or minimize the need for 
        involuntary separations under a reduction in force with respect 
        to the Center.</DELETED>
        <DELETED>    (B) During calendar year 1997, any payment under 
        subparagraph (A) shall be made under section 663 of the 
        Treasury, Postal Service, and General Government Appropriations 
        Act, 1997 (as contained in section 101(f) of division A of 
        Public Law 104-208), except that, for purposes of this 
        subparagraph, subsection (b) of such section 663 does not 
        apply.</DELETED>
        <DELETED>    (C) During calendar year 1998, such section 663 
        applies with respect to payments under subparagraph (A) to the 
        same extent and in the same manner as such section applied with 
        respect to the payments during fiscal year 1997, and for 
        purposes of this subparagraph, the reference in subsection 
        (c)(2)(D) of such section 663 to December 31, 1997, is deemed 
        to be a reference to December 31, 1998.</DELETED>
<DELETED>    (f) The following provisions apply if under subsection (a) 
the Secretary makes the decision to relocate the Center:</DELETED>
        <DELETED>    (1) The site to which the Center is relocated 
        shall be in the vicinity of Baton Rouge, in the State of 
        Louisiana.</DELETED>
        <DELETED>    (2) The facility involved shall continue to be 
        designated as the Gillis W. Long Hansen's Disease 
        Center.</DELETED>
        <DELETED>    (3) The Secretary shall make reasonable efforts to 
        inform the patients of the Center with respect to the planning 
        and carrying out of the relocation.</DELETED>
        <DELETED>    (4) In the case of each individual who as of 
        October 1, 1996, was a patient of the Center and is considered 
        by the Director of the Center to be a long-term-care patient 
        (referred to in this subsection as an ``eligible patient''), 
        the Secretary shall continue to provide for the long-term care 
        of the eligible patient, without charge, for the remainder of 
        the life of the patient.</DELETED>
        <DELETED>    (5)(A) For purposes of paragraph (4), an eligible 
        patient who is legally competent has the following options with 
        respect to support and maintenance and other nonmedical 
        expenses:</DELETED>
                <DELETED>    (i) For the remainder of his or her life, 
                the patient may reside at the Center.</DELETED>
                <DELETED>    (ii) For the remainder of his or her life, 
                the patient may receive payments each year at an annual 
                rate of $33,000 (adjusted in accordance with 
                subparagraphs (C) and (D)), and may not reside at the 
                Center. Payments under this clause are in complete 
                discharge of the obligation of the Federal Government 
                under paragraph (4) for support and maintenance and 
                other nonmedical expenses of the patient.</DELETED>
        <DELETED>    (B) The choice by an eligible patient of the 
        option under clause (i) of subparagraph (A) may at any time be 
        revoked by the patient, and the patient may instead choose the 
        option under clause (ii) of such subparagraph. The choice by an 
        eligible patient of the option under such clause (ii) is 
        irrevocable.</DELETED>
        <DELETED>    (C) Payments under subparagraph (A)(ii) shall be 
        made on a monthly basis, and shall be pro rated as applicable. 
        In 1999 and each subsequent year, the monthly amount of such 
        payments shall be increased by a percentage equal to any 
        percentage increase taking effect under section 215(i) of the 
        Social Security Act (relating to a cost-of-living increase) for 
        benefits under title II of such Act (relating to Federal old-
        age, survivors, and disability insurance benefits). Any such 
        percentage increase in monthly payments under subparagraph 
        (A)(ii) shall take effect in the same month as the percentage 
        increase under such section 215(i) takes effect.</DELETED>
        <DELETED>    (D) With respect to the provision of outpatient 
        and inpatient medical care for Hansen's disease and related 
        complications to an eligible patient:</DELETED>
                <DELETED>    (i) The choice the patient makes under 
                subparagraph (A) does not affect the responsibility of 
                the Secretary for providing to the patient such care at 
                or through the Center.</DELETED>
                <DELETED>    (ii) If the patient chooses the option 
                under subparagraph (A)(ii) and receives inpatient care 
                at or through the Center, the Secretary may reduce the 
                amount of payments under such subparagraph, except to 
                the extent that reimbursement for the expenses of such 
                care is available to the provider of the care through 
                the program under title XVIII of the Social Security 
                Act or the program under title XIX of such Act. Any 
                such reduction shall be made on the basis of the number 
                of days for which the patient received the inpatient 
                care.</DELETED>
        <DELETED>    (6) The Secretary shall provide to each eligible 
        patient such information and time as may be necessary for the 
        patient to make an informed decision regarding the options 
        under paragraph (5)(A).</DELETED>
        <DELETED>    (7) After the date of the enactment of this Act, 
        the Center may not provide long-term care for any individual 
        who as of such date was not receiving such care as a patient of 
        the Center.</DELETED>
        <DELETED>    (8) If upon completion of the projects referred to 
        in subsection (d)(4)(A) there are unobligated balances of 
        amounts appropriated for the projects, such balances are 
        available to the Secretary for expenses relating to the 
        relocation of the Center, except that, if the sum of such 
        balances is in excess of $100,000, such excess is available to 
        the State in accordance with subsection (d)(4)(B). The amounts 
        available to the Secretary pursuant to the preceding sentence 
        are available until expended.</DELETED>
<DELETED>    (g) For purposes of this section:</DELETED>
        <DELETED>    (1) The term ``Center'' means the Gillis W. Long 
        Hansen's Disease Center.</DELETED>
        <DELETED>    (2) The term ``Secretary'' means the Secretary of 
        Health and Human Services.</DELETED>
        <DELETED>    (3) The term ``State'' means the State of 
        Louisiana.</DELETED>
<DELETED>    (h) Section 320 of the Public Health Service Act (42 
U.S.C. 247e) is amended by striking the section designation and all 
that follows and inserting the following:</DELETED>
<DELETED>    ``Sec. 320. (a)(1) At or through the Gillis W. Long 
Hansen's Disease Center (located in the State of Louisiana), the 
Secretary shall without charge provide short-term care and treatment, 
including outpatient care, for Hansen's disease and related 
complications to any person determined by the Secretary to be in need 
of such care and treatment. The Secretary may not at or through such 
Center provide long-term care for any such disease or 
complication.</DELETED>
<DELETED>    ``(2) The Center referred to in paragraph (1) shall 
conduct training in the diagnosis and management of Hansen's disease 
and related complications, and shall conduct and promote the 
coordination of research (including clinical research), investigations, 
demonstrations, and studies relating to the causes, diagnosis, 
treatment, control, and prevention of Hansen's disease and other 
mycobacterial diseases and complications related to such 
diseases.</DELETED>
<DELETED>    ``(3) Paragraph (1) is subject to section 211 of the 
Department of Health and Humans Services Appropriations Act, 
1998.</DELETED>
<DELETED>    ``(b) In addition to the Center referred to in subsection 
(a), the Secretary may establish sites regarding persons with Hansen's 
disease. Each such site shall provide for the outpatient care and 
treatment for Hansen's disease and related complications to any person 
determined by the Secretary to be in need of such care and 
treatment.</DELETED>
<DELETED>    ``(c) The Secretary shall carry out subsections (a) and 
(b) acting through an agency of the Service. For purposes of the 
preceding sentence, the agency designated by the Secretary shall carry 
out both activities relating to the provision of health services and 
activities relating to the conduct of research.</DELETED>
<DELETED>    ``(d) The Secretary shall make payments to the Board of 
Health of the State of Hawaii for the care and treatment (including 
outpatient care) in its facilities of persons suffering from Hansen's 
disease at a rate determined by the Secretary. The rate shall be 
approximately equal to the operating cost per patient of such 
facilities, except that the rate may not exceed the comparable costs 
per patient with Hansen's disease for care and treatment provided by 
the Center referred to in subsection (a). Payments under this 
subsection are subject to the availability of appropriations for such 
purpose.''.</DELETED>
<DELETED>    Sec. 212. None of the funds appropriated in the Act may be 
made available to any entity under title X of the Public Health Service 
Act unless the applicant for the award certifies to the Secretary that 
it encourages family participation in the decision of minors to seek 
family planning services and that it provides counseling to minors on 
resisting attempts to coerce minors into engaging in sexual 
activities.</DELETED>
<DELETED>    Sec. 213. None of the funds appropriated in the Act may be 
made available to any entity under title X of the Public Health Service 
Act unless the applicant for the award certifies to the Secretary that 
it encourages family participation in the decision of minors to seek 
family planning services and that it provides counseling to minors on 
how to resist attempts to coerce minors into engaging in sexual 
activities.</DELETED>
<DELETED>    This title may be cited as the ``Department of Health and 
Human Services Appropriations Act, 1998''.</DELETED>

         <DELETED>TITLE III--DEPARTMENT OF EDUCATION</DELETED>

                  <DELETED>education reform</DELETED>

<DELETED>    For carrying out activities authorized by titles III and 
IV of the Goals 2000: Educate America Act, the School-to-Work 
Opportunities Act, and section 3132 of the Elementary and Secondary 
Education Act of 1965, $1,135,000,000 (reduced by $12,835,000) (reduced 
by $20,000,000) (reduced by $25,000,000) (reduced by $55,000,000), of 
which $458,500,000 (reduced by $12,835,000) (reduced by $20,000,000) 
(reduced by $55,000,000) 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.</DELETED>

           <DELETED>education for the disadvantaged</DELETED>

<DELETED>    For carrying out title I of the Elementary and Secondary 
Education Act of 1965, and section 418A of the Higher Education Act, 
$8,204,217,000, of which $6,882,616,000 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 $6,191,350,000 shall be available for basic 
grants under section 1124: Provided further, That up to $3,500,000 of 
these funds shall be available to the Secretary on October 1, 1997, to 
obtain updated local-educational-agency-level census poverty data from 
the Bureau of the Census: Provided further, That $949,249,000 shall be 
available for concentration grants under section 1124A, $400,000,000 
shall be available for targeted grants under section 1125, $150,000,000 
shall be available under section 1002(g)(2) to demonstrate effective 
approaches to comprehensive school reform: Provided, That such 
approaches show the most promise of enabling children served by title I 
to meet challenging State content standards and challenging State 
student performance standards which shall include an emphasis on basic 
academics and parental involvement based on proven research and 
practices, $10,000,000 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).</DELETED>

                     <DELETED>impact aid</DELETED>

<DELETED>    For carrying out programs of financial assistance to 
federally affected schools authorized by title VIII of the Elementary 
and Secondary Education Act of 1965, $796,000,000, of which 
$667,000,000 shall be for basic support payments under section 8003(b), 
$40,000,000 shall be for payments for children with disabilities under 
section 8003(d), $62,000,000, to remain available until expended, shall 
be for payments under section 8003(f), $7,000,000 shall be for 
construction under section 8007, and $20,000,000 shall be for Federal 
property payments under section 8002.</DELETED>

             <DELETED>school improvement programs</DELETED>

<DELETED>    For carrying out school improvement activities authorized 
by titles II, IV-A-1 and 2, V-A and B, VI, X and XIII of the Elementary 
and Secondary Education Act of 1965; the Stewart B. McKinney Homeless 
Assistance Act; and the Civil Rights Act of 1964; $1,480,888,000 
(increased by $25,000,000) (increased by $1,500,000), of which 
$1,219,500,000 (increased by $1,500,000) 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, $350,000,000 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.</DELETED>

                      <DELETED>literacy</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    For carrying out a 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: Provided, That, if the 
initiative is not authorized by such date, the funds shall be 
transferred to ``Special Education'' to be merged with that account and 
to be available for the same purposes for which that account is 
available: Provided further, That the transferred funds shall become 
available for obligation on July 1, 1999, and shall remain available 
through September 30, 2000 for academic year 1999-2000.</DELETED>

                  <DELETED>indian education</DELETED>

<DELETED>    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.</DELETED>

          <DELETED>bilingual and immigrant education</DELETED>

<DELETED>    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.</DELETED>

                  <DELETED>special education</DELETED>

<DELETED>    For carrying out the Individuals with Disabilities 
Education Act, $4,348,647,000 (increased by $25,000,000) (increased by 
$55,000,000), of which $4,117,186,000 (increased by $25,000,000) 
(increased by $55,000,000) shall become available for obligation on 
July 1, 1998, and shall remain available through September 30, 
1999.</DELETED>

   <DELETED>rehabilitation services and disability research</DELETED>

<DELETED>    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, $2,589,176,000.</DELETED>

 <DELETED>Special Institutions for Persons With Disabilities</DELETED>

        <DELETED>american printing house for the blind</DELETED>

<DELETED>    For carrying out the Act of March 3, 1879, as amended (20 
U.S.C. 101 et seq.), $8,186,000.</DELETED>

      <DELETED>national technical institute for the deaf</DELETED>

<DELETED>    For the National Technical Institute for the Deaf under 
titles I and II of the Education of the Deaf Act of 1986 (20 U.S.C. 
4301 et seq.), $43,841,000: Provided, That from the amount available, 
the Institute may at its discretion use funds for the endowment program 
as authorized under section 207.</DELETED>

                <DELETED>gallaudet university</DELETED>

<DELETED>    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.), $80,682,000: Provided, That from the 
amount available, the University may at its discretion use funds for 
the endowment program as authorized under section 207.</DELETED>

           <DELETED>vocational and adult education</DELETED>

<DELETED>    For carrying out, to the extent not otherwise provided, 
the Carl D. Perkins Vocational and Applied Technology Education Act and 
the Adult Education Act, $1,486,975,000 (increased by $20,000,000), of 
which $1,483,875,000 (increased by $20,000,000) shall become available 
on July 1, 1998 and shall remain available through September 30, 1999; 
and of which $4,491,000 from amounts available under the Adult 
Education Act shall be for the National Institute for Literacy under 
section 384(c): 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.</DELETED>

            <DELETED>student financial assistance</DELETED>

<DELETED>    For carrying out subparts 1 and 3 of part A, part C and 
part E of title IV of the Higher Education Act of 1965, as amended, 
$9,046,407,000, which shall remain available through September 30, 
1999.</DELETED>
<DELETED>    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.</DELETED>

    <DELETED>federal family education loan program account</DELETED>

<DELETED>    For Federal administrative expenses to carry out 
guaranteed student loans authorized by title IV, part B, of the Higher 
Education Act, as amended, $47,688,000.</DELETED>

                  <DELETED>higher education</DELETED>

<DELETED>    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 part B of 
title X of the Higher Education Act of 1965, as amended, the Mutual 
Educational and Cultural Exchange Act of 1961, and Public Law 102-423; 
$909,893,000, 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 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: Provided further, That notwithstanding sections 419D, 419E, and 
419H of the Higher Education Act, scholarships made under title IV, 
part A, subpart 6 shall be prorated to maintain the same number of new 
scholarships in fiscal year 1998 as in fiscal year 1997.</DELETED>

                  <DELETED>howard university</DELETED>

<DELETED>    For partial support of Howard University (20 U.S.C. 121 et 
seq.), $210,000,000: Provided, That from the amount available, the 
University may at its discretion use funds for the endowment program as 
authorized under the Howard University Endowment Act (Public Law 98-
480).</DELETED>

        <DELETED>college housing and academic facilities loans 
                           program</DELETED>

<DELETED>    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.</DELETED>

 <DELETED>historically black college and university capital financing, 
                       program account</DELETED>

<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>

   <DELETED>education research, statistics, and improvement</DELETED>

<DELETED>    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, sections 3136 and 3141 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, $508,752,000 
(increased by $1,000,000) (reduced by $1,500,000): Provided, That 
$50,000,000 of the amount provided for section 10101 of part A of title 
X of the Elementary and Secondary Education Act shall be for grants to 
local educational agencies to demonstrate effective approaches to 
comprehensive school reform: Provided, That such approaches show the 
most promise of enabling children to meet challenging State content 
standards and challenging State student performance standards which 
shall include an emphasis on basic academics and parental involvement 
based on proven research and pratices.</DELETED>

                      <DELETED>libraries</DELETED>

<DELETED>    For carrying out subtitle B of the Museum and Library 
Services Act, $142,000,000.</DELETED>

               <DELETED>Departmental Management</DELETED>

               <DELETED>program administration</DELETED>

<DELETED>    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, $329,479,000 (increased by $100,000).</DELETED>

               <DELETED>office for civil rights</DELETED>

<DELETED>    For expenses necessary for the Office for Civil Rights, as 
authorized by section 203 of the Department of Education Organization 
Act, $55,449,000.</DELETED>

           <DELETED>office of the inspector general</DELETED>

<DELETED>    For expenses necessary for the Office of the Inspector 
General, as authorized by section 212 of the Department of Education 
Organization Act, $30,242,000.</DELETED>

                 <DELETED>GENERAL PROVISIONS</DELETED>

<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    Sec. 304. None of the funds appropriated in this Act may 
be obligated or expended to carry out section 621(b) of Public Law 101-
589.</DELETED>

                 <DELETED>(transfer of funds)</DELETED>

<DELETED>    Sec. 305. Not to exceed 1 percent of any discretionary 
funds (pursuant to the Balanced Budget and Emergency Deficit Control 
Act, as amended) which are appropriated for the current fiscal year for 
the Department of Education in this Act may be transferred between 
appropriations, but no such appropriation shall be increased by more 
than 3 percent by any such transfer: Provided, That the Appropriations 
Committees of both Houses of Congress are notified at least fifteen 
days in advance of any transfer.</DELETED>
<DELETED>    Sec. 306. Notwithstanding any other provision of law, from 
funds appropriated under the Fund for the Improvement of Education, the 
Secretary of Education shall make an award, in an amount not to exceed 
$1,000,000, to the National Academy of Sciences to evaluate and submit 
a preliminary report by June 30, 1998 and a final report by August 31, 
1998 to the Committee on Appropriations and the Committee on Education 
and the Workforce of the House of Representatives on the following 
items with respect to the Administration's proposed national tests in 
4th grade reading and 8th grade math: (1) the technical quality of the 
work performed under the test development contract(s), linking 
activities, and contract(s) for providing the tests to States and 
school districts; (2) the adequacy of the administration of the field 
tests; (3) the validity and reliability of the data produced by the 
field tests; (4) the reasonableness and validity of the contractors' 
design for linking test results to student performance levels; and (5) 
the degree to which the tests can be expected to provide valid and 
useful information to the public: Provided, That in no event may the 
Department of Education proceed to administer any final version of the 
tests, until such time as a final National Academy of Sciences report 
is completed.</DELETED>
<DELETED>    Sec. 307. Notwithstanding any other provision of law, any 
institution of higher education which receives funds under title III of 
the Higher Education Act, except for grants made under section 326, may 
use up to twenty percent of its award under part A or part B of the Act 
for endowment building purposes authorized under section 331. Any 
institution seeking to use part A or part B funds for endowment 
building purposes shall indicate such intention in its application to 
the Secretary and shall abide by departmental regulations governing the 
endowment challenge grant program.</DELETED>
<DELETED>    Sec. 308. Amendments to Eligible Lender Definition.--
Section 435(d)(1) of the Higher Education Act of 1965 (20 U.S.C. 1085) 
is amended--</DELETED>
        <DELETED>    (1) by inserting before the semicolon at the end 
        of subparagraph (A) the following: ``; and in determining 
        whether the making or holding of loans to students and parents 
        under this part is the primary consumer credit function of the 
        eligible lender, loans made or held as trustee or in a trust 
        capacity for the benefit of a third party shall not be 
        considered'';</DELETED>
        <DELETED>    (2) by striking ``and'' at the end of subparagraph 
        (I);</DELETED>
        <DELETED>    (3) in subparagraph (J), by striking the period 
        and inserting ``; and''; and</DELETED>
        <DELETED>    (4) by adding at the end the following new 
        subparagraph:</DELETED>
                <DELETED>    ``(K) a wholly owned subsidiary of a 
                publicly-held holding company which, as of the date of 
                enactment of this subparagraph, through one or more 
                subsidiaries (i) acts as a finance company, and (ii) 
                participates in the program authorized by this part 
                pursuant to subparagraph (C).''.</DELETED>
<DELETED>    This title may be cited as the ``Department of Education 
Appropriations Act, 1998''.</DELETED>

             <DELETED>TITLE IV--RELATED AGENCIES</DELETED>

            <DELETED>Armed Forces Retirement Home</DELETED>

<DELETED>    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, $71,777,000 (reduced by 
$1,500,000), of which $16,325,000 (reduced by $1,500,000) 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.</DELETED>

   <DELETED>Corporation for National and Community Service</DELETED>

        <DELETED>domestic volunteer service programs, operating 
                           expenses</DELETED>

<DELETED>    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, $227,547,000.</DELETED>

         <DELETED>Corporation for Public Broadcasting</DELETED>

<DELETED>    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.</DELETED>

     <DELETED>Federal Mediation and Conciliation Service</DELETED>

                <DELETED>salaries and expenses</DELETED>

<DELETED>    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, and 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. ch. 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.</DELETED>

  <DELETED>Federal Mine Safety and Health Review Commission</DELETED>

                <DELETED>salaries and expenses</DELETED>

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

       <DELETED>National Commission on Libraries and Information 
                           Science</DELETED>

                <DELETED>salaries and expenses</DELETED>

<DELETED>    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.</DELETED>

           <DELETED>National Council on Disability</DELETED>

                <DELETED>salaries and expenses</DELETED>

<DELETED>    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.</DELETED>

           <DELETED>National Education Goals Panel</DELETED>

<DELETED>    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.</DELETED>

           <DELETED>National Labor Relations Board</DELETED>

                <DELETED>salaries and expenses</DELETED>

<DELETED>    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.</DELETED>

              <DELETED>National Mediation Board</DELETED>

                <DELETED>salaries and expenses</DELETED>

<DELETED>    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, $8,400,000: 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.</DELETED>

  <DELETED>Occupational Safety and Health Review Commission</DELETED>

                <DELETED>salaries and expenses</DELETED>

<DELETED>    For expenses necessary for the Occupational Safety and 
Health Review Commission (29 U.S.C. 661), $7,900,000.</DELETED>

         <DELETED>Physician Payment Review Commission</DELETED>

                <DELETED>salaries and expenses</DELETED>

<DELETED>    For expenses necessary to carry out section 1845(a) of the 
Social Security Act, $3,258,000, to be transferred to this 
appropriation from the Federal Supplementary Medical Insurance Trust 
Fund.</DELETED>

      <DELETED>Prospective Payment Assessment Commission</DELETED>

                <DELETED>salaries and expenses</DELETED>

<DELETED>    For expenses necessary to carry out section 1886(e) of the 
Social Security Act, $3,257,000, to be transferred to this 
appropriation from the Federal Hospital Insurance and the Federal 
Supplementary Medical Insurance Trust Funds.</DELETED>

              <DELETED>Railroad Retirement Board</DELETED>

           <DELETED>dual benefits payments account</DELETED>

<DELETED>    For payment to the Dual Benefits Payments Account, 
authorized under section 15(d) of the Railroad Retirement Act of 1974, 
$206,000,000, 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 
$206,000,000: Provided, That the total amount provided herein shall be 
credited in 12 approximately equal amounts on the first day of each 
month in the fiscal year.</DELETED>

<DELETED>federal payments to the railroad retirement accounts</DELETED>

<DELETED>    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.</DELETED>

            <DELETED>limitation on administration</DELETED>

<DELETED>    For necessary expenses for the Railroad Retirement Board 
for administration of the Railroad Retirement Act and the Railroad 
Unemployment Insurance Act, $87,228,000 (reduced by $1,500,000), 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.</DELETED>

    <DELETED>limitation on the office of inspector general</DELETED>

<DELETED>    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 $5,000,000, to 
be derived from the railroad retirement accounts and railroad 
unemployment insurance account: Provided, That none of the funds made 
available in any other paragraph of this Act may be transferred to the 
Office; used to carry out any such transfer; used to provide any office 
space, equipment, office supplies, communications facilities or 
services, maintenance services, or administrative services for the 
Office; used to pay any salary, benefit, or award for any personnel of 
the Office; used to pay any other operating expense of the Office; or 
used to reimburse the Office for any service provided, or expense 
incurred, by the Office: Provided further, That none of the funds made 
available in this paragraph may be used for any audit, investigation, 
or review of the Medicare Program.</DELETED>

           <DELETED>Social Security Administration</DELETED>

       <DELETED>payments to social security trust funds</DELETED>

<DELETED>    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.</DELETED>

      <DELETED>special benefits for disabled coal miners</DELETED>

<DELETED>    For carrying out title IV of the Federal Mine Safety and 
Health Act of 1977, $426,090,000, to remain available until 
expended.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>

        <DELETED>supplemental security income program</DELETED>

<DELETED>    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, 
$16,170,000,000, 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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>

        <DELETED>limitation on administrative expenses</DELETED>

<DELETED>    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 $5,938,040,000 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 $1,600,000 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: Provided further, That 
reimbursement to the trust funds under this heading for expenditures 
for official time for employees of the Social Security Administration 
pursuant to section 7131 of title 5, United States Code, and for 
facilities or support services for labor organizations pursuant to 
policies, regulations, or procedures referred to in section 7135(b) of 
such title shall be made by the Secretary of the Treasury, with 
interest, from amounts in the general fund not otherwise appropriated, 
as soon as possible after such expenditures are made.</DELETED>
<DELETED>    From funds provided under the previous paragraph, not less 
than $200,000,000 shall be available for conducting continuing 
disability reviews.</DELETED>
<DELETED>    In addition to funding already available under this 
heading, and subject to the same terms and conditions, $245,000,000, to 
remain available until September 30, 1999, 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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>

             <DELETED>office of inspector general</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    For expenses necessary for the Office of Inspector General 
in carrying out the provisions of the Inspector General Act of 1978, as 
amended, $10,164,000, together with not to exceed $42,260,000, 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.</DELETED>
<DELETED>    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.</DELETED>

          <DELETED>United States Institute of Peace</DELETED>

                 <DELETED>operating expenses</DELETED>

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

             <DELETED>TITLE V--GENERAL PROVISIONS</DELETED>

<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    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''.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    Sec. 508. (a) None of the funds appropriated under this 
Act shall be expended for any abortion.</DELETED>
<DELETED>    (b) None of the funds appropriated under this Act shall be 
expended for health benefits coverage that includes coverage of 
abortion.</DELETED>
<DELETED>    (c) The term ``health benefits coverage'' means the pakage 
of services covered by a managed care provider or organization pursuant 
to a contract or other arrangement.</DELETED>
<DELETED>    Sec. 509. (a) The limitations established in the preceding 
section shall not apply to an abortion--</DELETED>
        <DELETED>    (1) if the pregnancy is the result of an act of 
        rape or incest; or</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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).</DELETED>
<DELETED>    (c) Nothing in the preceding section shall be construed as 
restricting the ability of any managed care provider 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).</DELETED>
<DELETED>    Sec. 510. Notwithstanding any other provision of law--
</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    Sec. 512. (a) None of the funds made available in this Act 
may be used for--</DELETED>
        <DELETED>    (1) the creation of a human embryo or embryos for 
        research purposes; or</DELETED>
        <DELETED>    (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)).</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    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).</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    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--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    Sec. 515. (a) Fees for Federal Administration of State 
Supplementary SSI Payments.--</DELETED>
        <DELETED>    (1) Optional state supplementary payments.--
        </DELETED>
                <DELETED>    (A) In general.--Section 1616(d)(2)(B) of 
                the Social Security Act (42 U.S.C. 1382e(d)(2)(B)) is 
                amended--</DELETED>
                        <DELETED>    (i) by striking ``and'' at the end 
                        of clause (iii); and</DELETED>
                        <DELETED>    (ii) by striking clause (iv) and 
                        inserting the following:</DELETED>
        <DELETED>    ``(iv) for fiscal year 1997, $5.00;</DELETED>
        <DELETED>    ``(v) for fiscal year 1998, $6.20;</DELETED>
        <DELETED>    ``(vi) for fiscal year 1999, $7.60;</DELETED>
        <DELETED>    ``(vii) for fiscal year 2000, $7.80;</DELETED>
        <DELETED>    ``(viii) for fiscal year 2001, $8.10;</DELETED>
        <DELETED>    ``(ix) for fiscal year 2002, $8.50; and</DELETED>
        <DELETED>    ``(x) for fiscal year 2003 and each succeeding 
        fiscal year--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(II) such different rate as the 
                Commissioner determines is appropriate for the 
                State.''.</DELETED>
                <DELETED>    (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)''.</DELETED>
        <DELETED>    (2) Mandatory state supplementary payments.--
        </DELETED>
                <DELETED>    (A) In general.--Section 212(b)(3)(B)(ii) 
                of Public Law 93-66 (42 U.S.C. 1382 note) is amended--
                </DELETED>
                        <DELETED>    (i) by striking ``and'' at the end 
                        of subclause (III); and</DELETED>
                        <DELETED>    (ii) by striking subclause (IV) 
                        and inserting the following:</DELETED>
        <DELETED>    ``(IV) for fiscal year 1997, $5.00;</DELETED>
        <DELETED>    ``(V) for fiscal year 1998, $6.20;</DELETED>
        <DELETED>    ``(VI) for fiscal year 1999, $7.60;</DELETED>
        <DELETED>    ``(VII) for fiscal year 2000, $7.80;</DELETED>
        <DELETED>    ``(VIII) for fiscal year 2001, $8.10;</DELETED>
        <DELETED>    ``(IX) for fiscal year 2002, $8.50; and</DELETED>
        <DELETED>    ``(X) for fiscal year 2003 and each succeeding 
        fiscal year--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(bb) such different rate as the 
                Commissioner determines is appropriate for the 
                State.''.</DELETED>
                <DELETED>    (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)''.</DELETED>
<DELETED>    (b) Use of New Fees To Defray the Social Security 
Administration's Administrative Expenses.--</DELETED>
        <DELETED>    (1) Credit to special fund for fiscal year 1998 
        and subsequent years.--</DELETED>
                <DELETED>    (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:</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.''.</DELETED>
                <DELETED>    (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:</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.''.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    Sec. 516. Section 520(c)(2)(D) of the 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''.</DELETED>
<DELETED>    Sec. 517. The amounts otherwise provided by this Act are 
revised by reducing the amount made available for ``DEPARTMENT OF 
LABOR--Employment and Training Administration--state unemployment 
insurance and employment service operations'' from the Unemployment 
Trust Fund (and the amount specified under such heading for assisting 
States to convert their automated State employment security agency 
systems to be year 2000 compliant), and increasing the amount made 
available for ``DEPARTMENT OF HEALTH AND HUMAN SERVICES--Centers for 
Disease Control and Prevention--disease control, research, and 
training'' from general Federal funds, by $7,000,000.</DELETED>
<DELETED>    Sec. 518. (a) Prohibition of Funds for National Testing in 
Reading and Mathematics.--None of the funds made available in this Act 
may be used to develop, plan, implement, or administer any national 
testing program in reading or mathematics.</DELETED>
<DELETED>    (b) Exceptions.--Subsection (a) shall not apply to the 
following:</DELETED>
        <DELETED>    (1) The National Assessment of Educational 
        Progress carried out under sections 411 through 413 of the 
        Improving America's Schools Act of 1994 (20 U.S.C. 9010-
        9012).</DELETED>
        <DELETED>    (2) The Third International Math and Science Study 
        (TIMSS).</DELETED>
<DELETED>    Sec. 519. None of the funds made available in this Act may 
be used to pay the expenses of an election officer appointed by a court 
to oversee an election of any officer or trustee for the International 
Brotherhood of Teamsters.</DELETED>
<DELETED>    Sec. 520. Subsection (k) of section 9302 of the Balanced 
Budget Act of 1997, as added by section 1604(f)(3) of the Taxpayer 
Relief of Act of 1997, is repealed.</DELETED>
<DELETED>    Sec. 521. (a) Limitation on Penalties under IDEA.--None of 
the funds made available in this Act may be used by the Department of 
Education to investigate, or to impose, administer, or enforce any 
penalty, sanction, or remedy for, a State's election not to provide 
special education and related services under the Individuals with 
Disabilities Education Act (20 U.S.C. 1400 et seq.) to individuals who 
are 18 years of age or older and are incarcerated in adult State 
prisons.</DELETED>
<DELETED>    (b) Exception.--Subsection (a) shall not apply to any 
withholding of financial assistance to a State by the Department of 
Education pursuant to the Individuals with Disabilities Education Act 
(20 U.S.C. 1400 et seq.).</DELETED>
<DELETED>    This Act may be cited as the ``Departments of Labor, 
Health and Human Services, and Education, and Related Agencies 
Appropriations Act, 1998''.</DELETED>
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''.

            Passed the House of Representatives September 17, 1997.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.

            Passed the Senate September 17, 1997.

            Attest:

                                                    GARY SISCO,

                                                             Secretary.