[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2264 Reported in House (RH)]

                                                 Union Calendar No. 126
105th CONGRESS
  1st Session
                                H. R. 2264

                          [Report No. 105-205]

 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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 25, 1997

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

_______________________________________________________________________

                                 A BILL


 
 Making appropriations for the Departments of Labor, Health and Human 
   Services, and Education, and related agencies for the fiscal year 
           ending September 30, 1998, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the following sums 
are appropriated, out of any money in the Treasury not otherwise 
appropriated, for the Departments of Labor, Health and Human Services, 
and Education, and related agencies for the fiscal year ending 
September 30, 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; $5,162,601,000 plus reimbursements, 
of which $3,872,463,000 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 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.

            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, $343,356,000.
    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, $96,844,000.
    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, 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.

     state unemployment insurance and employment service operations

    For authorized administrative expenses, $173,452,000, together with 
not to exceed $3,332,476,000 (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 $200,000,000 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 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, 
$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.

              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, $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.

                            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, $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.

                       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, $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.

                        Departmental Management

                         salaries and expenses

    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.).

                          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 
ergonomics guidelines through section 5 (the general duty clause) of 
the Occupational Safety and Health Act of 1970 (29 U.S.C. 654).
    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, 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, 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 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.

               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, $2,343,737,000, 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.
    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.

                     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, $2,513,020,000.

               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, $1,513,004,000.

                 national institute of dental research

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

    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, 
$874,337,000.

        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, 
$763,325,000.

         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, 
$1,339,459,000.

             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, $1,047,963,000.

        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, 
$666,682,000.

                         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, 
$354,032,000.

          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, 
$328,583,000.

                      national institute on aging

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

 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, $269,807,000.

    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, 
$198,373,000.

                 national institute of nursing research

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

           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, $226,205,000.

                    national institute on drug abuse

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

                  national institute of mental health

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

                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, $211,772,000.

                 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, $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.

                  john e. fogarty international center

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

                      national library of medicine

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

                         office of the director

                     (including transfer of funds)

    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.

                        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, $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.

       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, $2,151,943,000.

     retirement pay and medical benefits for commissioned officers

    For retirement pay and medical benefits of Public Health Service 
Commissioned Officers as authorized by law, and for payments under the 
Retired Serviceman's Family Protection Plan and Survivor Benefit Plan 
and for medical care of dependents and retired personnel under the 
Dependents' Medical Care Act (10 U.S.C. ch. 55), and for payments 
pursuant to section 229(b) of the Social Security Act (42 U.S.C. 
429(b)), such amounts as may be required during the current fiscal 
year.

               Agency for Health Care Policy and Research

                    health care policy and research

    For carrying out titles III and IX of the Public Health Service 
Act, and part A of title XI of the Social Security Act, $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.

                  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, $71,530,429,000, 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 
$1,679,435,000 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.

      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.
    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, $1,000,000,000, 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), $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.

                 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), $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.

                      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, 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, 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.
    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.
    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, $810,545,000: 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.

                        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, 
$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.

                      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, $14,000,000.

                           GENERAL PROVISIONS

    Sec. 201. Funds appropriated in this title shall be available for 
not to exceed $37,000 for official reception and representation 
expenses when specifically approved by the Secretary.
    Sec. 202. The Secretary shall make available through assignment not 
more than 60 employees of the Public Health Service to assist in child 
survival activities and to work in AIDS programs through and with funds 
provided by the Agency for International Development, the United 
Nations International Children's Emergency Fund or the World Health 
Organization.
    Sec. 203. None of the funds appropriated under this Act may be used 
to implement section 399L(b) of the Public Health Service Act or 
section 1503 of the National Institutes of Health Revitalization Act of 
1993, Public Law 103-43.
    Sec. 204. None of the funds 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.
    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.
    (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.
    (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.
    (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).
    (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.
    (d) For purposes of subsection (b)(2), the conditions specified in 
this subsection with respect to a transfer of title are the following:
            (1) During the 30-year period beginning on the date on 
        which the transfer is made, the real property and improvements 
        referred to in subsection (b)(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.
            (2) For purposes of monitoring the extent to which the 
        transferred property is being used in accordance with paragraph 
        (1), the Secretary will have access to such documents as the 
        Secretary determines to be necessary, and the Secretary may 
        require the advance approval of the Secretary for such 
        contracts, conveyances of real or personal property, or other 
        transactions as the Secretary determines to be necessary.
            (3) The relocation of patients from the transferred 
        property will be completed not later than 3 years after the 
        date on which the transfer is made, except to the extent the 
        Secretary determines that relocating particular patients is not 
        feasible. During the period of relocation, the Secretary will 
        have unrestricted access to the transferred property, and after 
        such period will have such access as may be necessary with 
        respect to the patients who pursuant to the preceding sentence 
        are not relocated.
            (4)(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.
            (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--
                    (i) the Secretary will transfer the amount of such 
                excess to the State; and
                    (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.
            (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.
            (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.
            (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.
            (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:
                    (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.
                    (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.
            (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.
            (8) Such additional conditions as the Secretary determines 
        to be necessary to protect the interests of the United States.
    (e)(1) This subsection applies if the transfer under subsection (b) 
is made.
    (2) In the case of each individual who as of the date of the 
enactment of this Act is a Federal employee at the Center with 
facilities management or dietary duties, and who becomes an employee of 
the State pursuant to subsection (d)(6)(A):
            (A) The provisions of subchapter III of chapter 83 of title 
        5, United States Code, or of chapter 84 of such title, 
        whichever 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--
                    (i) the expiration of the 2-year period beginning 
                on the date on which the transfer under subsection (b) 
                is made; or
                    (ii) the date on which the individual first meets 
                all conditions for coverage under a State program for 
                payments during retirement by reason of disability.
            (B) The payments to be made by 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.
            (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).
    (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:
            (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.
            (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.
            (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.
    (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:
            (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.
            (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.
            (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.
    (f) The following provisions apply if under subsection (a) the 
Secretary makes the decision to relocate the Center:
            (1) The site to which the Center is relocated shall be in 
        the vicinity of Baton Rouge, in the State of Louisiana.
            (2) The facility involved shall continue to be designated 
        as the Gillis W. Long Hansen's Disease Center.
            (3) The Secretary shall make reasonable efforts to inform 
        the patients of the Center with respect to the planning and 
        carrying out of the relocation.
            (4) In the case of each individual who as of October 1, 
        1996, 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.
            (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:
                    (i) For the remainder of his or her life, the 
                patient may reside at the Center.
                    (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.
            (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.
            (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.
            (D) With respect to the provision of outpatient and 
        inpatient medical care for Hansen's disease and related 
        complications to an eligible patient:
                    (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.
                    (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.
            (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).
            (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.
            (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.
    (g) For purposes of this section:
            (1) The term ``Center'' means the Gillis W. Long Hansen's 
        Disease Center.
            (2) The term ``Secretary'' means the Secretary of Health 
        and Human Services.
            (3) The term ``State'' means the State of Louisiana.
    (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:
    ``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.
    ``(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.
    ``(3) Paragraph (1) is subject to section 211 of the Department of 
Health and Humans Services Appropriations Act, 1998.
    ``(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.
    ``(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.
    ``(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.''.
    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.
    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 section 3132 of the Elementary and Secondary Education Act of 1965, 
$1,135,000,000, of which $458,500,000 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, 
$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 whole school reform as authorized under section 
1502(a)(1)(C), $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).

                               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, $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.

                      school improvement programs

    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, of 
which $1,219,500,000 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.

                                literacy

                     (including transfer of funds)

    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.

                            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, 
$4,348,647,000, of which $4,117,186,000 shall become available for 
obligation on July 1, 1998, and shall remain available through 
September 30, 1999.

            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, $2,589,176,000.

           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.), $8,186,000.

               national technical institute for the deaf

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

                          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.), $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.

                     vocational and adult education

    For carrying out, to the extent not otherwise provided, the Carl D. 
Perkins Vocational and Applied Technology Education Act and the Adult 
Education Act, $1,486,975,000, of which $1,483,875,000 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.

                      student financial assistance

    For carrying out subparts 1 and 3 of part A, part C and part E of 
title IV of the Higher Education Act of 1965, as amended, 
$9,046,407,000, which shall remain available through September 30, 
1999.
    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, $47,688,000.

                            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 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.

                           howard university

    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).

         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, 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: 
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 whole school reform.

                               libraries

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

                        Departmental Management

                         program administration

    For carrying out, to the extent not otherwise provided, the 
Department of Education Organization Act, including rental of 
conference rooms in the District of Columbia and hire of two passenger 
motor vehicles, $329,479,000.

                        office for civil rights

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

                    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, $30,242,000.

                           GENERAL PROVISIONS

    Sec. 301. No funds appropriated in this Act may be used for the 
transportation of students or teachers (or for the purchase of 
equipment for such transportation) in order to overcome racial 
imbalance in any school or school system, or for the transportation of 
students or teachers (or for the purchase of equipment for such 
transportation) in order to carry out a plan of racial desegregation of 
any school or school system.
    Sec. 302. None of the funds contained in this Act shall be used to 
require, directly or indirectly, the transportation of any student to a 
school other than the school which is nearest the student's home, 
except for a student requiring special education, to the school 
offering such special education, in order to comply with title VI of 
the Civil Rights Act of 1964. For the purpose of this section an 
indirect requirement of transportation of students includes the 
transportation of students to carry out a plan involving the 
reorganization of the grade structure of schools, the pairing of 
schools, or the clustering of schools, or any combination of grade 
restructuring, pairing or clustering. The prohibition described in this 
section does not include the establishment of magnet schools.
    Sec. 303. No funds appropriated under this Act may be used to 
prevent the implementation of programs of voluntary prayer and 
meditation in the public schools.
    Sec. 304. None of the funds appropriated in this Act may be 
obligated or expended to carry out section 621(b) of Public Law 101-
589.

                          (transfer of funds)

    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.
    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.
    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.
    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--
            (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'';
            (2) by striking ``and'' at the end of subparagraph (I);
            (3) in subparagraph (J), by striking the period and 
        inserting ``; and''; and
            (4) by adding at the end the following new subparagraph:
                    ``(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).''.
    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, $71,777,000, of which 
$16,325,000 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, $227,547,000.

                  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, $8,400,000: 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.

            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), $7,900,000.

                  Physician Payment Review Commission

                         salaries and expenses

    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.

               Prospective Payment Assessment Commission

                         salaries and expenses

    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.

                       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, $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.

          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, $87,228,000, 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 $5,000,000, 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.

                     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, 
$16,170,000,000, 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.
    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 $5,938,040,000 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.
    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, $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.
    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, $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.
    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. None of the funds appropriated under this Act shall be 
expended for any abortion except when it is made known to the Federal 
entity or official to which funds are appropriated under this Act that 
such procedure is necessary to save the life of the mother or that the 
pregnancy is the result of an act of rape or incest.
    Sec. 509. Notwithstanding any other provision of law--
            (1) no amount may be transferred from an appropriation 
        account for the Departments of Labor, Health and Human 
        Services, and Education except as authorized in this or any 
        subsequent appropriation Act, or in the Act establishing the 
        program or activity for which funds are contained in this Act;
            (2) no department, agency, or other entity, other than the 
        one responsible for administering the program or activity for 
        which an appropriation is made in this Act, may exercise 
        authority for the timing of the obligation and expenditure of 
        such appropriation, or for the 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. 510. 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. 511. (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. 512. (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. 513. 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. 514. (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)Ingeneral.--Section212(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. 515. 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''.
    This Act may be cited as the ``Departments of Labor, Health and 
Human Services, and Education, and Related Agencies Appropriations Act, 
1998''.
                                                 Union Calendar No. 126

105th CONGRESS

  1st Session

                               H. R. 2264

                          [Report No. 105-205]

_______________________________________________________________________

                                 A BILL

 Making appropriations for the Departments of Labor, Health and Human 
   Services, and Education, and related agencies for the fiscal year 
           ending September 30, 1998, and for other purposes.

_______________________________________________________________________

                             July 25, 1997

    Reported from the Committee on Appropriations, committed to the 
Committee of the Whole House on the State of the Union, and ordered to 
                               be printed