[Congressional Record Volume 140, Number 107 (Friday, August 5, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: August 5, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
  DEPARTMENT OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND 
                  RELATED AGENCIES APPROPRIATIONS ACT

  Mr. MITCHELL. Mr. President, under the previous order, is it now in 
order for the Senate to proceed to consideration of H.R. 4606, the 
Labor, Health and Human Services, and Education and related agencies 
appropriations bill?
  The ACTING PRESIDENT pro tempore. Yes, it is.
  Under the previous order, the Senate will now proceed to the 
consideration of H.R. 4606, the Labor, Health and Human Services, and 
Education and Related Agencies Appropriations Act, which the clerk will 
report.
  The assistant legislative clerk read as follows:

       A bill (H.R. 4606) making appropriations for the 
     Departments of Labor, Health and Human Services, and 
     Education and related agencies, for the fiscal year ending 
     September 30, 1995, and for other purposes.

  The Senate proceeded to consider the bill making appropriations for 
the Departments of Labor, Health and Human Services, and Education and 
related agencies, for the fiscal year ending September 30, 1995, and 
for other purposes, which had been reported from the Committee on 
Appropriations with amendments, as follows:
  (The parts of the bill intended to be stricken are shown in boldface 
brackets, and the parts of the bill intended to be inserted are shown 
in italic.)

                               H.R. 4606

       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, 1995, and 
     for other purposes, namely:

                      TITLE I--DEPARTMENT OF LABOR

                 Employment and Training Administration


                         program administration

       For expenses of administering employment and training 
     programs and for carrying out section 908 of the Social 
     Security Act, $90,276,000, together with not to exceed 
     $45,073,000, which may be expended from the Employment 
     Security Administration account in the Unemployment Trust 
     Fund.


                    training and employment services

                         (including rescission)

       For expenses necessary to carry into effect the Job 
     Training Partnership Act, as amended, including the purchase 
     and hire of passenger motor vehicles, the construction, 
     alteration, and repair of buildings and other facilities, and 
     the purchase of real property for training centers as 
     authorized by the Job Training Partnership Act; title II of 
     the Civil Rights Act of 1991; title XV, part A of Public Law 
     102-325; title VII, subtitle C of the Stewart B. McKinney 
     Homeless Assistance Act; the Women in Apprenticeship and 
     Nontraditional Occupations Act; Goals 2000: Educate America 
     Act; and the School-to-Work Opportunities Act; 
     [$5,524,991,000] $5,468,217,000 plus reimbursements, of which 
     [$5,035,179,000] $5,049,267,000 is available for obligation 
     for the period July 1, 1995 through June 30, 1996; of which 
     [$150,000,000] $126,556,000 is available for the period July 
     1, 1995 through June 30, 1998 for necessary expenses of 
     construction, rehabilitation, and acquisition of Job Corps 
     centers, [including $51,254,000 for new centers; of which 
     $184,788,000 shall be available for the period October 1, 
     1994 through June 30, 1995;] and of which [$140,000,000] 
     $100,000,000 shall be available for obligation from July 1, 
     1995 through September 30, 1996, for carrying out activities 
     of the School-to-Work Opportunities Act: Provided, That 
     [$63,666,000] $64,218,000 shall be for carrying out section 
     401 of the Job Training Partnership Act, [$84,841,000] 
     $86,000,000 shall be for carrying out section 402 of such 
     Act, $8,880,000 shall be for carrying out section 441 of such 
     Act, [$1,500,000] $2,223,000 shall be for the National 
     Commission for Employment Policy, [$5,579,000] $6,000,000 
     shall be for all activities conducted by and through the 
     National Occupational Information Coordinating Committee 
     under such Act, $3,861,000 shall be for service delivery 
     areas under section 101(a)(4)(A)(iii) of such Act in addition 
     to amounts otherwise provided under sections 202, 252 and 262 
     of the Act, [$1,044,813,000] $1,064,813,000 shall be for 
     carrying out title II, part A of such Act, and $598,682,000 
     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 used from this Act to 
     carry out title III of the Job Training Partnership Act shall 
     not be subject to the limitation contained in subsection (b) 
     of section 315 of such Act; that the waiver allowing a 
     reduction in the cost limitation relating to retraining 
     services described in subsection (a)(2) of such section 315 
     may be granted with respect to funds used from this Act if a 
     substate grantee demonstrates to the Governor that such 
     waiver is appropriate due to the availability of low-cost 
     retraining services, is necessary to facilitate the provision 
     of needs-related payments to accompany long-term training, or 
     is necessary to facilitate the provision of appropriate basic 
     readjustment services; and that funds used from this Act to 
     carry out the Secretary's discretionary grants under part B 
     of such title III may be used to provide needs-related 
     payments to participants who, in lieu of meeting the 
     requirements relating to enrollment in training under section 
     314(e) of such Act, are enrolled in training by the end of 
     the sixth week after grant funds have been awarded.
       Of the amounts made available in fiscal year 1994 under the 
     Job Training Partnership Act, title II-C, $50,000,000 are 
     hereby rescinded.


            community service employment for older americans

       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, $320,190,000.
       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, $90,310,000.


              federal unemployment benefits and allowances

       For payments during the current fiscal year of benefits and 
     payments as authorized by title II of Public Law 95-250, as 
     amended, and 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, 
     $274,400,000 together with such amounts as may be necessary 
     to be charged to the subsequent appropriation for payments 
     for any period subsequent to September 15 of the current 
     year.

     state unemployment insurance and employment service operations

       For activities authorized by the Act of June 6, 1933, as 
     amended (29 U.S.C. 49-49l-1; 39 U.S.C. 3202(a)(1)(E)); title 
     III of the Social Security Act, as amended (42 U.S.C. 502-
     504); necessary administrative expenses for carrying out 5 
     U.S.C. 8501-8523, and sections 225, 231-235, 243-244, and 
     250(d)(1), 250(d)(3), title II of the Trade Act of 1974, as 
     amended; as authorized by section 7c of the Act of June 6, 
     1933, as amended, necessary administrative expenses under 
     sections 101(a)(15)(H), 212(a)(5)(A), (m) (2) and (3), 
     (n)(1), and 218(g) (1), (2), and (3), and 258(c) of the 
     Immigration and Nationality Act, as amended (8 U.S.C. 1101 et 
     seq.); necessary administrative expenses to carry out the 
     Targeted Jobs Tax Credit Program under section 51 of the 
     Internal Revenue Code of 1986, and section 221(a) of the 
     Immigration Act of 1990, [$146,697,000] $147,351,000, 
     together with not to exceed [$3,269,013,000] $3,280,357,000 
     (including not to exceed $1,653,000 which may be used for 
     amortization payments to States which had independent 
     retirement plans in their State employment service agencies 
     prior to 1980, and including not to exceed $1,000,000 which 
     may be obligated in contracts with non-State entities for 
     activities such as occupational and test research activities 
     which benefit the Federal-State Employment Service System), 
     which may be expended from the Employment Security 
     Administration account in the Unemployment Trust Fund, and of 
     which the sums available in the allocation for activities 
     authorized by title III of the Social Security Act, as 
     amended (42 U.S.C. 502-504), and the sums available in the 
     allocation for necessary administrative expenses for carrying 
     out 5 U.S.C. 8501-8523, shall be available for obligation by 
     the States through December 31, 1995, except that funds used 
     for automation acquisitions shall be available for obligation 
     by States through September 30, 1997; and of which 
     [$144,763,000] $145,417,000 together with not to exceed 
     [$817,224,000] $821,803,000 of the amount which may be 
     expended from said trust fund shall be available for 
     obligation for the period July 1, 1995, through June 30, 
     1996, to fund activities under the Act of June 6, 1933, as 
     amended, including the cost of penalty mail made available to 
     States in lieu of allotments for such purpose, and of which 
     [$232,437,000] $232,202,000 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 1995 is projected by the 
     Department of Labor to exceed 2.772 million, an additional 
     [$27,800,000] $30,000,000 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 and in Public Law 103-112 which are 
     used to establish a national one-stop career center network 
     may be obligated in contracts, grants or agreements with non-
     State entities: Provided further, That funds appropriated 
     under this Act for activities authorized under the Wagner-
     Peyser Act, as amended, and title III of the Social Security 
     Act, may be used by the States to fund integrated Employment 
     Service and Unemployment Insurance automation efforts, 
     notwithstanding cost allocation principles prescribed under 
     Office of Management and Budget Circular A-87.


        advances to the unemployment trust fund and other funds

       For repayable advances to the Unemployment Trust Fund as 
     authorized by sections 905(d) and 1203 of the Social Security 
     Act, as amended, and to the Black Lung Disability Trust Fund 
     as authorized by section 9501(c)(1) of the Internal Revenue 
     Code of 1954, as amended; and for nonrepayable advances to 
     the Unemployment Trust Fund as authorized by section 8509 of 
     title 5, United States Code, and section 104(d) of Public Law 
     102-164, and section 5 of Public Law 103-6, and to the 
     ``Federal unemployment benefits and allowances'' account, to 
     remain available until September 30, 1996, $686,000,000.
       In addition, for making repayable advances to the Black 
     Lung Disability Trust Fund in the current fiscal year after 
     September 15, 1995, for costs incurred by the Black Lung 
     Disability Trust Fund in the current fiscal year, such sums 
     as may be necessary.

                    Office of the American Workplace


                         salaries and expenses

       For necessary expenses for the Office of the American 
     Workplace, [$30,411,000] $32,225,000.

              Pension and Welfare Benefits Administration


                         salaries and expenses

       For necessary expenses for Pension and Welfare Benefits 
     Administration, [$66,388,000] $69,454,000.

                  Pension Benefit Guaranty Corporation


               pension benefit guaranty corporation fund

       The Pension Benefit Guaranty Corporation is authorized to 
     make such expenditures, including financial assistance 
     authorized by section 104 of Public Law 96-364, within limits 
     of funds and borrowing authority available to such 
     Corporation, and in accord with law, and to make such 
     contracts and commitments without regard to fiscal year 
     limitations as provided by section 104 of the Government 
     Corporation Control Act, as amended (31 U.S.C. 9104), as may 
     be necessary in carrying out the program through September 
     30, 1995, for such Corporation: Provided, That not to exceed 
     $11,493,000 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, [$242,860,000] $248,667,000, together with 
     $1,059,000 which may be expended from the Special Fund in 
     accordance with sections 39(c) and 44(j) of the Longshore and 
     Harbor Workers' Compensation Act: Provided, That the 
     Secretary of Labor is authorized to accept, retain, and 
     spend, until expended, in the name of the Department of 
     Labor, all sums of money ordered to be paid to the Secretary 
     of Labor, in accordance with the terms of the Consent 
     Judgment in Civil Action No. 91-0027 of the United States 
     District Court for the District of the Northern Mariana 
     Islands (May 21, 1992): Provided further, That the Secretary 
     of Labor is authorized to establish and, in accordance with 
     31 U.S.C. 3302, collect and deposit in the Treasury fees for 
     processing applications and issuing certificates under 
     sections 11(d) and 14 of the Fair Labor Standards Act of 
     1938, as amended (29 U.S.C. 211(d) and 214) and for 
     processing applications and issuing registrations under Title 
     I of the Migrant and Seasonal Agricultural Worker Protection 
     Act, 29 U.S.C. 1801 et seq.


                            special benefits

                     (including transfer of funds)

       For the payment of compensation, benefits, and expenses 
     (except administrative expenses) accruing during the current 
     or any prior fiscal year authorized by title 5, chapter 81 of 
     the United States Code; continuation of benefits as provided 
     for under the head ``Civilian War Benefits'' in the Federal 
     Security Agency Appropriation Act, 1947; the Employees' 
     Compensation Commission Appropriation Act, 1944; and sections 
     4(c) and 5(f) of the War Claims Act of 1948 (50 U.S.C. App. 
     2012); and 50 per centum of the additional compensation and 
     benefits required by section 10(h) of the Longshore and 
     Harbor Workers' Compensation Act, as amended, $258,000,000 
     together with such amounts as may be necessary to be charged 
     to the subsequent year appropriation for the payment of 
     compensation and other benefits for any period subsequent to 
     August 15 of the current year: Provided, That such sums as 
     are necessary may be used for a demonstration project under 
     section 8104 of title 5, United States Code, in which the 
     Secretary may 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, 1994, 
     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, 
     1995: Provided further, That of those funds transferred to 
     this account from the fair share entities to pay the cost of 
     administration, $5,299,000 shall be made available to the 
     Secretary of Labor for expenditures relating to capital 
     improvements in support of Federal Employees' Compensation 
     Act administration, and the balance of such funds shall be 
     paid into the Treasury as miscellaneous receipts: Provided 
     further, That the Secretary may require that any person 
     filing a notice of injury or a claim for benefits under 
     Subchapter 5, U.S.C., Chapter 81, or under Subchapter 33, 
     U.S.C. 901, et seq. (the Longshore and Harbor Workers' 
     Compensation Act, as amended), provide as part of such notice 
     and claim, such identifying information (including Social 
     Security account number) as such regulations may prescribe.


                    black lung disability trust fund

                     (including transfer of funds)

       For payments from the Black Lung Disability Trust Fund, 
     $994,864,000, of which $943,005,000 shall be available until 
     September 30, 1996, 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 
     $28,216,000 shall be available for transfer to Employment 
     Standards Administration, Salaries and Expenses, and 
     $23,333,000 for transfer to Departmental Management, Salaries 
     and Expenses, and $310,000 for transfer to Departmental 
     Management, Office of Inspector General, for expenses of 
     operation and administration of the Black Lung Benefits 
     program as authorized by section 9501(d)(5)(A) of that Act: 
     Provided, That in addition, such amounts as may be necessary 
     may be charged to the subsequent year appropriation for the 
     payment of compensation, interest, or other benefits for any 
     period subsequent to June 15 of the current year: Provided 
     further, That in addition such amounts shall be paid from 
     this fund into miscellaneous receipts as the Secretary of the 
     Treasury determines to be the administrative expenses of the 
     Department of the Treasury for administering the fund during 
     the current fiscal year, as authorized by section 
     9501(d)(5)(B) of that Act.

             Occupational Safety and Health Administration


                         salaries and expenses

       For necessary expenses for the Occupational Safety and 
     Health Administration, $312,500,000, including not to exceed 
     $70,615,000 which shall be the maximum amount available for 
     grants to States under section 23(g) of the Occupational 
     Safety and Health Act, which grants shall be no less than 
     fifty percent of the costs of State occupational safety and 
     health programs required to be incurred under plans approved 
     by the Secretary under section 18 of the Occupational Safety 
     and Health Act of 1970; and, in addition, notwithstanding 31 
     U.S.C. 3302, the Occupational Safety and Health 
     Administration may retain up to $500,000 per fiscal year of 
     training institute course tuition fees, otherwise authorized 
     by law to be collected, and may utilize such sums for 
     occupational safety and health training and education grants: 
     Provided, That none of the funds appropriated under this 
     paragraph shall be obligated or expended to prescribe, issue, 
     administer, or enforce any standard, rule, regulation, or 
     order under the Occupational Safety and Health Act of 1970 
     which is applicable to any person who is engaged in a farming 
     operation which does not maintain a temporary labor camp and 
     employs ten or fewer employees: Provided further, That no 
     funds appropriated under this paragraph shall be obligated or 
     expended to administer or enforce any standard, rule, 
     regulation, or order under the Occupational Safety and Health 
     Act of 1970 with respect to any employer of ten or fewer 
     employees who is included within a category having an 
     occupational injury lost workday case rate, at the most 
     precise Standard Industrial Classification Code for which 
     such data are published, less than the national average rate 
     as such rates are most recently published by the Secretary, 
     acting through the Bureau of Labor Statistics, in accordance 
     with section 24 of that Act (29 U.S.C. 673), except--
       (1) to provide, as authorized by such Act, consultation, 
     technical assistance, educational and training services, and 
     to conduct surveys and studies;
       (2) to conduct an inspection or investigation in response 
     to an employee complaint, to issue a citation for violations 
     found during such inspection, and to assess a penalty for 
     violations which are not corrected within a reasonable 
     abatement period and for any willful violations found;
       (3) to take any action authorized by such Act with respect 
     to imminent dangers;
       (4) to take any action authorized by such Act with respect 
     to health hazards;
       (5) to take any action authorized by such Act with respect 
     to a report of an employment accident which is fatal to one 
     or more employees or which results in hospitalization of two 
     or more employees, and to take any action pursuant to such 
     investigation authorized by such Act; and
       (6) to take any action authorized by such Act with respect 
     to complaints of discrimination against employees for 
     exercising rights under such Act:

     Provided further, That the foregoing proviso shall not apply 
     to any person who is engaged in a farming operation which 
     does not maintain a temporary labor camp and employs ten or 
     fewer employees.

                 Mine Safety and Health Administration


                         salaries and expenses

       For necessary expenses for the Mine Safety and Health 
     Administration, [$197,519,000] $201,238,000, of which 
     $5,851,000 shall be for the State Grants Program, including 
     purchase and bestowal of certificates and trophies in 
     connection with mine rescue and first-aid work, and the hire 
     of passenger motor vehicles; the Secretary is authorized to 
     accept lands, buildings, equipment, and other contributions 
     from public and private sources and to prosecute projects in 
     cooperation with other agencies, Federal, State, or private; 
     the Mine Safety and Health Administration is authorized to 
     promote health and safety education and training in the 
     mining community through cooperative programs with States, 
     industry, and safety associations; and any funds available to 
     the Department may be used, with the approval of the 
     Secretary, to provide for the costs of mine rescue and 
     survival operations in the event of a major disaster: 
     Provided, That none of the funds appropriated under this 
     paragraph shall be obligated or expended to carry out section 
     115 of the Federal Mine Safety and Health Act of 1977 or to 
     carry out that portion of section 104(g)(1) of such Act 
     relating to the enforcement of any training requirements, 
     with respect to shell dredging, or with respect to any sand, 
     gravel, surface stone, surface clay, colloidal phosphate, or 
     surface limestone mine.

                       Bureau of Labor Statistics


                         salaries and expenses

       For necessary expenses for the Bureau of Labor Statistics, 
     including advances or reimbursements to State, Federal, and 
     local agencies and their employees for services rendered, 
     [$296,761,000] $298,761,000, of which $5,134,000 shall be for 
     expenses of revising the Consumer Price Index and shall 
     remain available until September 30, 1996, together with not 
     to exceed $54,102,000, 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 five sedans, and including up to 
     $4,392,000 for the President's Committee on Employment of 
     People With Disabilities, and including $2,500,000 for the 
     International Program on the Elimination of Child Labor 
     notwithstanding any other provision of law, [$156,002,000, 
     which includes $6,500,000 which shall remain available until 
     expended for use by appropriate Departmental agencies for ADP 
     equipment acquisition, systems development and associated 
     support related to Departmental enforcement programs;] 
     $152,818,000 together with not to exceed $328,000, which may 
     be expended from the Employment Security Administration 
     account in the Unemployment Trust Fund.

        assistant secretary for veterans employment and training

       Not to exceed [$185,281,000] $187,964,000 may be derived 
     from the Employment Security Administration account in the 
     Unemployment Trust Fund to carry out the provisions of 38 
     U.S.C. 2001-10 and 2021-26.


                      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, [$47,676,000] $48,535,000, 
     together with not to exceed [$3,860,000] $3,966,000, which 
     may be expended from the Employment Security Administration 
     account in the Unemployment Trust Fund.

                           GENERAL PROVISIONS

       [Sec. 101. None of the funds in the Employees' Compensation 
     Fund under 5 U.S.C. 8147 shall hereafter be expended for 
     payment of compensation, benefits, and expenses to any 
     individual convicted of a violation of 18 U.S.C. 1920, or of 
     any felony fraud related to the application for or receipt of 
     benefits under subchapters I or III of chapter 81 of title 5, 
     United States Code.]

     SEC. 101. DETERRENCE OF FRAUD AND ABUSE IN THE FEDERAL 
                   EMPLOYEE'S WORKER COMPENSATION PROGRAM.

       (a) In General.--(1) Chapter 81 of title 5, United States 
     Code, is amended by inserting after section 8147 the 
     following new section:

     ``Sec. 8148. Forfeiture of benefits by convicted felons

       ``(a) Any individual convicted of a violation of section 
     1920 of title 18, or any other Federal or State criminal 
     statute relating to fraud in the application for a receipt of 
     any benefit under this subchapter or subchapter III of this 
     chapter, shall forfeit (as of the date of such conviction) 
     any entitlement to any benefit such individual would 
     otherwise be entitled to under this subchapter or subchapter 
     III for any injury occurring on or before the date of such 
     conviction. Such forfeiture shall be in addition to any 
     action the Secretary may take under section 8106 or 8129.
       ``(b)(1) Notwithstanding any other provision of this 
     chapter (except as provided under paragraph (3)), no benefits 
     under this subchapter or subchapter III of this chapter shall 
     be paid or provided to any individual during any period 
     during which such individual is confined in a jail, prison, 
     or other penal institution or correctional facility, pursuant 
     to that individual's conviction of an offense that 
     constituted a felony under applicable law.
       ``(2) Such individual shall not be entitled to receive the 
     benefits forfeited during the period of incarceration under 
     paragraph (1), after such period of incarceration ends.
       ``(3) If an individual has one or more dependents as 
     defined under section 8110(a), the Secretary of Labor may, 
     during the period of incarceration, pay to such dependents a 
     percentage of the benefits that would have been payable to 
     such individual computed according to the percentages set 
     forth in section 8133(a) (1) through (5).
       ``(c) Notwithstanding the provision of section 552a of this 
     title, or any other provision of Federal or State law, any 
     agency of the United States Government or of any State (or 
     political subdivision thereof) shall make available to the 
     Secretary of Labor, upon written request, the names and 
     Social Security account numbers of individuals who are 
     confined in a jail, prison, or other penal institution or 
     correctional facility under the jurisdiction of such agency, 
     pursuant to such individuals' conviction of an offense that 
     constituted a felony under applicable law, which the 
     Secretary of Labor may require to carry out the provisions of 
     this section.''.
       (2) The table of sections for chapter 81 of title 5, United 
     States Code, is amended by inserting after the item relating 
     to section 8147 the following new item:

``8148. Forfeiture of benefits by convicted felons.''.

       (b) Criminal Penalties.--(1) Section 1920 of title 18, 
     United States Code, is amended to read as follows:

     ``Sec. 1920. False statement or fraud to obtain Federal 
       employee's compensation

       ``Whoever knowingly and willfully falsifies, conceals, or 
     covers up a material fact, or makes a false, fictitious, or 
     fraudulent statement or representation, or makes or uses a 
     false statement or report knowing the same to contain any 
     false, fictitious, or fraudulent statement or entry in 
     connection with the application for or receipt of 
     compensation or other benefit or payment under subchapter I 
     or III of chapter 81 of title 5, shall be guilty of perjury, 
     and on conviction thereof shall be punished by a fine of not 
     more than $250,000, or by imprisonment for not more than 5 
     years, or both; but if the amount of the benefits falsely 
     obtained does not exceed $1,000, such person shall be 
     punished by a fine of not more than $100,000, or by 
     imprisonment for not more than 1 year, or both.''.
       (2) The table of sections for chapter 93 of title 18, 
     United States Code, is amended by amending the item relating 
     to section 1920 to read as follows:

``1920. False statement or fraud to obtain Federal employee's 
              compensation.''.

       (c) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act. 
     The amendments made by subsection (a) shall apply to claims 
     filed before, on, or after the date of enactment of this Act, 
     and shall apply only to individuals convicted after such date 
     of enactment.
       Sec. 102. None of the funds appropriated under this Act 
     shall be expended by the Secretary of Labor to implement or 
     administer either the final or proposed regulations referred 
     to in section 303 of Public Law 102-27.


                          (transfer of funds)

       Sec. 103. Not to exceed 1 percent of any appropriation made 
     available for the current fiscal year for the Department of 
     Labor in this Act may be transferred between such 
     appropriations, but no such appropriation shall be increased 
     by more than 3 percent by any such transfers: Provided, That 
     any transfer pursuant to this section shall be treated as a 
     reprogramming of funds under section 104 of this Act and 
     shall not be available for obligation or expenditure except 
     in compliance with the procedures set forth in that section.
       Sec. 104. (a) None of the funds provided under this Act to 
     the Department of Labor shall be available for obligation or 
     expenditure through a reprogramming of funds which: (1) 
     creates new programs; (2) eliminates a program, project, or 
     activity; (3) increases funds or personnel by any means for 
     any project or activity for which funds have been denied or 
     restricted; (4) relocates an office or employees; (5) 
     reorganizes offices, programs, or activities; or (6) 
     contracts out or privatizes any functions or activities 
     presently performed by Federal employees; unless the 
     Appropriations Committees of both Houses of Congress are 
     notified fifteen days in advance of such reprogramming of 
     funds.
       (b) None of the funds provided under this Act to the 
     Department of Labor shall be available for obligation or 
     expenditure for activities, programs, or projects through a 
     reprogramming of funds in excess of $500,000 or 10 percent, 
     whichever is less, that: (1) augments existing programs, 
     projects, or activities; (2) reduces by 10 percent funding 
     for any existing program, project, or activity, or numbers of 
     personnel by 10 percent as approved by Congress; or (3) 
     results from any general savings from a reduction in 
     personnel which would result in a change in existing 
     programs, activities, or projects as approved by Congress, 
     unless the Appropriations Committees of both Houses of 
     Congress are notified fifteen days in advance of such 
     reprogramming of funds.
       Sec. 105. The Secretary of Labor may, in his discretion, 
     utilize funds appropriated in this and subsequent Acts to 
     engage in joint projects, or perform services, on matters of 
     mutual interest, with nonprofit organizations, research 
     organizations, or public organizations or agencies, the cost 
     of which shall be apportioned equitably, as determined by the 
     Secretary.
       Sec. 106. The Secretary of Labor is authorized to accept, 
     in the name of the Department of Labor, and employ or dispose 
     of in furtherance of authorized activities of the Department 
     of Labor, during the fiscal year ending September 30, 1995, 
     and each fiscal year thereafter, any money or property, real, 
     personal, or mixed, tangible or intangible, received by gift, 
     devise, bequest, or otherwise.
       Sec. 107. Section 5315 of title 5, United States Code, is 
     amended by inserting at the end thereof: ``The Commissioner 
     of Labor Statistics, Department of Labor.''.
       Section 5316 of title 5, United States Code, is amended by 
     striking: ``Commissioner of Labor Statistics, Department of 
     Labor.''.
       Sec. 108. 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.
       This title may be cited as the ``Department of Labor 
     Appropriations Act, 1995''.

           TITLE II--DEPARTMENT OF HEALTH AND HUMAN SERVICES

              Health Resources and Services Administration


                     health resources and services

       For carrying out titles II, III, VII, VIII, X, XII, XVI, 
     XIX, and XXVI of the Public Health Service Act, section 
     427(a) of the Federal Coal Mine Health and Safety Act, title 
     V of the Social Security Act, the Health Care Quality 
     Improvement Act of 1986, as amended, Public Law 101-527, and 
     the Native Hawaiian Health Care Act of 1988, as amended, 
     [$3,008,225,000] $3,066,254,000, of which $411,000 shall 
     remain available until expended for interest subsidies on 
     loan guarantees made prior to fiscal year 1981 under part B 
     of title VII of the Public Health Service Act: Provided, That 
     when the Department of Health and Human Services administers 
     or operates an employee health program for any Federal 
     department or agency, payment for the full estimated cost 
     shall be made by way of reimbursement or in advance to this 
     appropriation: Provided further, That of the funds made 
     available under this heading, $933,000 shall be available 
     until expended for facilities renovations at the Gillis W. 
     Long Hansen's Disease Center: Provided further, That in 
     addition to fees authorized by section 427(b) of the Health 
     Care Quality Improvement Act of 1986, fees shall be collected 
     for the full disclosure of information under the Act 
     sufficient to recover the full costs of operating the 
     National Practitioner Data Bank, and shall remain available 
     until expended to carry out that Act: Provided further, That 
     of the amounts available for Area Health Education Centers, 
     $25,000,000 shall be for section 746(i)(1)(A) of the Health 
     Professions Education Extension Amendments of 1992, 
     notwithstanding section 746(i)(1)(C): Provided further, That 
     of the funds made available under this heading for program 
     administration, $3,000,000 shall be made available for grants 
     to cities under title XXVI, sections 2601-2608 of the Public 
     Health Service Act: Provided further, That no more than 
     $5,000,000 is available for carrying out the provisions of 
     Public Law 102-501.


               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, $9,000,000, together with any 
     amounts received by the Secretary in connection with loans 
     and loan guarantees under title VI of the Public Health 
     Service Act, to be available without fiscal year limitation 
     for the payment of interest subsidies. During the fiscal 
     year, no commitments for direct loans or loan guarantees 
     shall be made.


               health education assistance loans program

       For the cost of guaranteed loans, such sums as may be 
     necessary to carry out the purpose of the program, as 
     authorized by title VII of the Public Health Service Act, as 
     amended: Provided, That such costs, including the cost of 
     modifying such loans, shall be as defined in section 502 of 
     the Congressional Budget Act of 1974: Provided further, That 
     these funds are available to subsidize gross obligations for 
     the total loan principal any part of which is to be 
     guaranteed at not to exceed $375,000,000. In addition, for 
     administrative expenses to carry out the guaranteed loan 
     program, $2,946,000.


             vaccine injury compensation program trust fund

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


                      vaccine injury compensation

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

               Centers for Disease Control and Prevention


                disease control, research, and training

       To carry out titles II, III, VII, XI, XV, XVII, and XIX of 
     the Public Health Service Act, sections 101, 102, 103, 201, 
     202, and 203 of the Federal Mine Safety and Health Act of 
     1977, and sections 20, 21, and 22 of the Occupational Safety 
     and Health Act of 1970; including insurance of official motor 
     vehicles in foreign countries; and hire, maintenance, and 
     operation of aircraft, [$2,086,850,000] $2,050,931,000, of 
     which $3,575,000 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 
     for fiscal year 1995 and subsequent fiscal years training of 
     private persons shall be made subject to reimbursement or 
     advances to this appropriation for not in excess of the full 
     cost of such training: Provided further, That funds 
     appropriated under this heading for fiscal year 1995 and 
     subsequent fiscal years shall be available for payment of the 
     costs of medical care, related expenses, and burial expenses 
     hereafter incurred by or on behalf of any person who had 
     participated in the study of untreated syphilis initiated in 
     Tuskegee, Alabama, in 1932, in such amounts and subject to 
     such terms and conditions as prescribed by the Secretary of 
     Health and Human Services and for payment, in such amounts 
     and subject to such terms and conditions, of such costs and 
     expenses hereafter incurred by or on behalf of such person's 
     wife or offspring determined by the Secretary to have 
     suffered injury or disease from syphilis contracted from such 
     person: Provided further, That for fiscal year 1995 and 
     subsequent fiscal years amounts received by the National 
     Center for Health Statistics from reimbursements and 
     interagency agreements and the sale of data tapes may be 
     credited to this appropriation and shall remain available 
     until expended: Provided further, That in addition to amounts 
     provided herein, up to [$27,862,000] $28,873,000 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.

                     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, $1,919,419,000.


               national heart, lung, and blood institute

       For carrying out sections 301 and 1105 and title IV of the 
     Public Health Service Act with respect to cardiovascular, 
     lung, and blood diseases, and blood and blood products, 
     $1,259,590,000.


                 national institute of dental research

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to dental disease, 
     $162,832,000.


    national institute of diabetes and digestive and kidney diseases

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to diabetes and digestive and 
     kidney diseases, [$726,784,000] $728,784,000.


        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, [$626,801,000] $628,801,000.


         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, $536,416,000.


             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, 
     $877,113,000.


        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, $513,409,000.


                         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, [$290,335,000] $292,022,000.


          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, [$266,400,000] $267,955,000.


                      national institute on aging

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to aging, [$431,198,000] 
     $433,198,000.


 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, [$227,021,000] 
     $229,021,000.


    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, [$166,155,000] $167,129,000.


                 national institute of nursing research

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to nursing research, 
     [$47,971,000] $48,326,000.


           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, $181,445,000.


                    national institute on drug abuse

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to drug abuse, $290,280,000.


                  national institute of mental health

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to mental health, 
     [$542,050,000] $544,050,000.


                 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, $294,877,000: 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.


               national center for human genome research

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to human genome research, 
     $152,010,000.


                  john e. fogarty international center

       For carrying out the activities at the John E. Fogarty 
     International Center, [$15,193,000] $13,209,000.


                      national library of medicine

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to health information 
     communications, [$123,274,000] $127,274,000.


                         office of the director

                     (including transfer of funds)

       For carrying out the responsibilities of the Office of the 
     Director, National Institutes of Health, [$219,474,000] 
     $215,045,000: Provided, That funding shall be available for 
     the purchase of not to exceed five passenger motor vehicles 
     for replacement only: Provided further, That the Director may 
     direct up to 1 percent of the total amount made available in 
     this Act to all National Institutes of Health appropriations 
     to activities the Director may so designate: Provided 
     further, That no such appropriation shall be increased or 
     decreased by more than 1 percent by any such transfers and 
     that the Congress is promptly notified of the transfer.


                        office of aids research

                     (including transfer of funds)

       For carrying out part D of title XXIII of the Public Health 
     Service Act, $1,337,606,000: Provided, That the Director of 
     the Office of AIDS Research shall transfer from this 
     appropriation the amounts necessary to carry out section 
     2353(d) of the 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, [$114,370,000] $113,370,000, to remain available 
     until expended.

       Substance Abuse and Mental Health Services Administration


               substance abuse and mental health services

       For carrying out the Public Health Service Act with respect 
     to substance abuse and mental health services, section 612 of 
     Public Law 100-77, as amended, and the Protection and 
     Advocacy for Mentally Ill Individuals Act of 1986, 
     [$2,166,148,000] $2,164,179,000: Provided, That no portion of 
     amounts appropriated for the programs of the Department of 
     Health and Human Services shall be available for obligation 
     pursuant to section 571 of the Public Health Service Act, 
     other than an amount of $3,750,000 from amounts appropriated 
     to carry out section 510 of that Act.

                     Assistant Secretary for Health


              office of the assistant secretary for health

                     (including transfer of funds)

       For the expenses necessary for the Office of Assistant 
     Secretary for Health and for carrying out titles III, XVII, 
     XX and XXI of the Public Health Service Act, [$70,261,000] 
     $63,004,000, of which $2,048,000 and 30 full-time equivalent 
     positions will be transferred from the National Vaccine 
     Program Office to the Centers for Disease Control and 
     Prevention for the expanded immunization program, and, in 
     addition, amounts received from Freedom of Information Act 
     fees and reimbursable and interagency agreements shall be 
     credited to this appropriation and shall remain available 
     until expended[: Provided, That $2,000,000 of the amount 
     appropriated in this paragraph shall be transferred to the 
     Food and Drug Administration, Salaries and Expenses 
     appropriation account].


     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, [$134,624,000] $128,914,000, together with not to exceed 
     [$5,806,000] $5,786,000 to be transferred from the Federal 
     Hospital Insurance and the Federal Supplementary Medical 
     Insurance Trust Funds, as authorized by sections 1142 and 
     201(g) of the Social Security Act; in addition, amounts 
     received from Freedom of Information Act fees, reimbursable 
     and interagency agreements, and the sale of data tapes shall 
     be credited to this appropriation and shall remain available 
     until expended: Provided, That the amount made available 
     pursuant to section 926(b) of the Public Health Service Act 
     shall not exceed [$13,202,000] $31,504,000.

                  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 [$62,637,775,000] 
     $62,640,775,000, to remain available until expended.
       For making, after May 31, 1995, payments to States under 
     title XIX of the Social Security Act for the last quarter of 
     fiscal year 1995 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 1996, 
     $27,047,717,000, 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, $37,546,758,000.

                           program management

       For carrying out, except as otherwise provided, titles XI, 
     XVIII, and XIX of the Social Security Act, and title XIII of 
     the Public Health Service Act, the Clinical Laboratory 
     Improvement Amendments of 1988, section 4360 of Public Law 
     101-508, and section 4005(e) of Public Law 100-203, not to 
     exceed [$2,183,985,000] $2,207,237,000, together with all 
     funds collected in accordance with section 353 of the Public 
     Health Service Act, the latter funds to remain available 
     until expended; the [$2,183,985,000] $2,207,237,000 to be 
     transferred to this appropriation as authorized by section 
     201(g) of the Social Security Act, from the Federal Hospital 
     Insurance and the Federal Supplementary Medical Insurance 
     Trust Funds: Provided, That all funds derived in accordance 
     with 31 U.S.C. 9701 from organizations established under 
     title XIII of the Public Health Service Act are to be 
     credited to this appropriation.


      health maintenance organization loan and loan guarantee fund

       For carrying out subsections (d) and (e) of section 1308 of 
     the Public Health Service Act, $15,000,000 together with 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 1995, no commitments for direct loans or loan guarantees 
     shall be made.

                     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, $25,094,000.


               special benefits for disabled coal miners

       For carrying out title IV of the Federal Mine Safety and 
     Health Act of 1977, $527,874,000, to remain available until 
     expended.
       For making, after July 31 of the current fiscal year, 
     benefit payments to individuals under title IV of the Federal 
     Mine Safety and Health Act of 1977, for costs incurred in the 
     current fiscal year, such amounts as may be necessary.
       For making benefit payments under title IV of the Federal 
     Mine Safety and Health Act of 1977 for the first quarter of 
     fiscal year 1996, $180,000,000, 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, [$21,237,101,000] 
     $21,192,101,000, to remain available until expended: 
     Provided, That any portion of the funds provided to a State 
     in the current fiscal year and not obligated by the State 
     during that year shall be returned to the Treasury.
       For making, after June 15 of the current fiscal year, 
     benefit payments to individuals under title XVI of the Social 
     Security Act, for unanticipated costs incurred for the 
     current fiscal year, such sums as may be necessary.
       For carrying out title XVI of the Social Security Act for 
     the first quarter of fiscal year 1996, $7,060,000,000, to 
     remain available until expended.


                 limitation on administrative expenses

       For necessary expenses, not more than [$5,127,785,000] 
     $5,157,011,000 may be expended, as authorized by section 
     201(g)(1) of the Social Security Act or as necessary to carry 
     out sections 9704 and 9706 of the Internal Revenue Code of 
     1986 as such sections were in effect on January 1, 1993, from 
     any one or all of the trust funds referred to therein: 
     Provided, That reimbursement to the Trust Funds under this 
     heading for administrative expenses to carry out sections 
     9704 and 9706 of the Internal Revenue Code of 1986 shall be 
     made, with interest, not later than September 30, 1996.
       In addition to funding already available under this 
     heading, and subject to the same terms and conditions, 
     [$352,000,000] $320,000,000, for disability caseload 
     processing.
       In addition to funding already available under this 
     heading, and subject to the same terms and conditions, 
     [$130,000,000] $64,000,000, which shall remain available 
     until expended, to invest in a state-of-the-art computing 
     network, including related equipment and administrative 
     expenses associated solely with this network, for the Social 
     Security Administration and the State Disability 
     Determination Services, may be expended from any or all of 
     the trust funds as authorized by section 201(g)(1) of the 
     Social Security Act.

                Administration for Children and Families


                   family support payments to states

       For making payments to States or other non-Federal 
     entities, except as otherwise provided, under titles I, IV-A 
     (other than section 402(g)(6)) and D, X, XI, XIV, and XVI of 
     the Social Security Act, and the Act of July 5, 1960 (24 
     U.S.C. ch. 9), $12,761,788,000, to remain available until 
     expended.
       For making, after May 31 of the current fiscal year, 
     payments to States or other non-Federal entities under titles 
     I, IV-A and D, X, XI, XIV, and XVI of the Social Security 
     Act, for the last three months of the current year for 
     unanticipated costs, incurred for the current fiscal year, 
     such sums as may be necessary.
       For making payments to States or other non-Federal entities 
     under titles I, IV-A (other than section 402(g)(6)) and D, X, 
     XI, XIV, and XVI of the Social Security Act and the Act of 
     July 5, 1960 (24 U.S.C. ch. 9) for the first quarter of 
     fiscal year 1996, $4,400,000,000, to remain available until 
     expended.


                   job opportunities and basic skills

       For carrying out aid to families with dependent children 
     work programs, as authorized by part F of title IV of the 
     Social Security Act, $1,300,000,000.


                   low income home energy assistance

                         (including rescission)

       Of the funds made available beginning on October 1, 1994 
     under this heading in Public Law 103-112, [$250,000,000] 
     $89,592,000 are hereby rescinded.
       The funds remaining after said rescission shall be 
     available for obligation through September 30, 1995.
       For making payments under title XXVI of the Omnibus Budget 
     Reconciliation Act of 1981, [$1,225,000,000] $1,475,000,000, 
     to be available for obligation in the period October 1, 1995 
     through September 30, 1996.
       For making payments under title XXVI of the Omnibus Budget 
     Reconciliation Act of 1981, an additional $600,000,000: 
     Provided, That all of the funds available under this 
     paragraph 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 of 1985.


                     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), $399,779,000: 
     Provided, That funds appropriated pursuant to section 414(a) 
     of the Immigration and Nationality Act under Public Law 102-
     394 for fiscal year 1993 shall be available for the costs of 
     assistance provided and other activities conducted in such 
     year and in fiscal years 1994 and 1995.


                     community services block grant

       For making payments under the Community Services Block 
     Grant Act, section 408 of Public Law 99-425, and the Stewart 
     B. McKinney Homeless Assistance Act, [$465,714,000] 
     $476,219,000, of which $12,000,000 shall be for carrying out 
     the National Youth Sports Program: Provided, That payments 
     from such amount to the grantee and subgrantees administering 
     the National Youth Sports Program may not exceed the 
     aggregate amount contributed in cash or in kind by the 
     grantee and subgrantees: Provided further, That amounts in 
     excess of $9,400,000 for such amount may not be made 
     available to the grantee and subgrantees administering the 
     National Youth Sports Program unless the grantee agrees to 
     provide contributions in cash over and above the preceding 
     year's cash contribution to such program in an amount that 
     equals 29 percent of such excess amount.


                 child care and development block grant

       For carrying out sections 658A through 658R of the Omnibus 
     Budget Reconciliation Act of 1981 (The Child Care and 
     Development Block Grant Act of 1990), $934,656,000, which 
     shall be available for obligation under the same statutory 
     terms and conditions applicable in the prior fiscal year.


                      social services block grant

       For making grants to States pursuant to section 2002 of the 
     Social Security Act, $2,800,000,000.


                children and families services programs

       For carrying out, except as otherwise provided, the Runaway 
     and Homeless Youth Act, the Developmental Disabilities 
     Assistance and Bill of Rights Act, the State Dependent Care 
     Development Grants Act, the Head Start Act, the Child 
     Development Associate Scholarship Assistance Act of 1985, the 
     Child Abuse Prevention and Treatment Act, chapters 1 and 2 of 
     subtitle B of title III of the Anti-Drug Abuse Act of 1988, 
     the Family Violence Prevention and Services Act, the Native 
     American Programs Act of 1974, title II of Public Law 95-266 
     (adoption opportunities), the Temporary Child Care for 
     Children with Disabilities and Crisis Nurseries Act of 1986, 
     the Abandoned Infants Assistance Act of 1988, subtitle F of 
     title VII of the Stewart B. McKinney Homeless Assistance Act, 
     and part B of title IV and section 1110 of the Social 
     Security 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, 
     section 204 of the Immigration Reform and Control Act of 
     1986, title IV of the Immigration and Nationality Act, 
     section 501 of the Refugee Education Assistance Act of 1980, 
     Public Law 100-77, and section 126 and titles IV and V of 
     Public Law 100-485, [$4,408,775,000] $4,415,514,000.


                    family preservation and support

       For carrying out section 430 of the Social Security Act, 
     $150,000,000.


       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, 
     [$3,440,871,000] $3,597,371,000.

                        Administration on Aging


                        aging services programs

       For carrying out, to the extent not otherwise provided, the 
     Older Americans Act of 1965, as amended, and section 10404 of 
     Public Law 101-239 (volunteer senior aides demonstration), 
     [$869,823,000] $873,662,000.

                        Office of the Secretary


                    general departmental management

       For necessary expenses, not otherwise provided, for general 
     departmental management, including hire of six medium sedans, 
     [$89,500,000] $88,774,000, together with $31,008,000, to be 
     transferred and 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.


                      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, $63,585,000, together with not to exceed 
     $37,060,000, to be transferred and 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.


                        office for civil rights

       For expenses necessary for the Office for Civil Rights, 
     $18,409,000 together with not to exceed $3,874,000, to be 
     transferred and 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.


                            policy research

       For carrying out, to the extent not otherwise provided, 
     research studies under section 1110 of the Social Security 
     Act, [$14,632,000] $10,741,000.

                           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 1911(d) [and section 1503] of the 
     National Institutes of Health Revitalization Act of 1993, 
     Public Law 103-43.
       [Sec. 204. None of the funds made available by this Act may 
     be used to require States as a condition of receiving funding 
     under the Child Abuse Prevention and Treatment Act to 
     restrict, condition, or otherwise qualify a State's authority 
     to determine (i) whether and under what circumstances a 
     parent's decision to provide non-medical health care for a 
     child may constitute negligent treatment or maltreatment, and 
     (ii) the circumstances under which it is appropriate to order 
     medical treatment for a child who is receiving non-medical 
     health care.]
       Sec. 204. None of the funds made available by this Act may 
     be used to withhold payment to any State under the Child 
     Abuse Prevention and Treatment Act by reason of a 
     determination that the State is not in compliance with 
     section 1340.2(d)(2)(ii) of title 45 of the Code of Federal 
     Regulations. This provision expires upon the date of 
     enactment of the reauthorization of the Child Abuse 
     Prevention and Treatment Act or upon September 30, 1995, 
     whichever occurs first.
       Sec. 205. (a) Of the budgetary resources available to the 
     Department of Health and Human Services (excluding the Food 
     and Drug Administration and the Indian Health Service) during 
     fiscal year 1995, $37,125,000 are permanently canceled.
       (b) The Secretary of Health and Human Services shall 
     allocate the amount of budgetary resources canceled among the 
     Department's accounts (excluding the Food and Drug 
     Administration and the Indian Health Service) available for 
     procurement and procurement-related expenses. Amounts 
     available for procurement and procurement-related expenses in 
     each such account shall be reduced by the amount allocated to 
     such account.
       (c) For the purposes of this section, the definition of 
     ``procurement'' includes all stages of the process of 
     acquiring property or services, beginning with the process of 
     determining a need for a product or services and ending with 
     contract completion and closeout, as specified in 41 U.S.C. 
     403(2).
       Sec. 206. None of the funds appropriated in this title for 
     the National Institutes of Health and the Substance Abuse and 
     Mental Health Services Administration shall be used to pay 
     the salary of an individual, through a grant or other 
     extramural mechanism, at a rate in excess of $125,000 per 
     year.
       Sec. 207. (a) Of the budgetary resources available to the 
     Department of Health and Human Services for space rental 
     charges (excluding Food and Drug Administration and the 
     Indian Health Service) during fiscal year 1995, $4,505,000 
     are permanently canceled.
       (b) The Secretary of Health and Human Services shall 
     allocate the amount of budgetary resources canceled among the 
     Department's accounts (excluding the Food and Drug 
     Administration and the Indian Health Service) available for 
     space rental charges. Amounts available for space rental 
     charges in each such account shall be reduced by the amount 
     allocated to such account.
       Sec. 208. Taps and other assessments made by any office 
     located in the Department of Health and Human Services shall 
     be treated as a reprogramming of funds and shall not be 
     available for obligation or expenditure except in compliance 
     with the Committee reprogramming procedures.
       Sec. 209. None of the funds made available by this Act 
     shall be obligated or expended for storage or distribution of 
     publicly-purchased pediatric vaccine through a warehouse and 
     distribution facility operated by the General Services 
     Administration until such time as the Secretary of Health and 
     Human Services receives written approval by the 
     Appropriations Committees of both the House and Senate: 
     Provided, That such approval shall be contingent upon the 
     following requirements:
       (1) All aspects of the ordering, storage, packaging and 
     distribution system are fully developed, tested and validated 
     in accordance with the requirements imposed on commercial 
     manufacturers and distributors.
       (2) The Commissioner of FDA has conducted a complete review 
     of all aspects of the system, has reviewed and verified 
     documentation of testing and validation procedures, and has 
     provided documentation to the Committees of both the House 
     and the Senate that all licensing and performance standards 
     required of commercial distributors have been met by the 
     General Services Administration system.
       (3) The Secretary has provided documentation to the 
     Committees of both Houses that the cost of the General 
     Services Administration system is lower than the cost of 
     private sector bids.
       This title may be cited as the ``Department of Health and 
     Human Services Appropriations Act, 1995''.

                   TITLE III--DEPARTMENT OF EDUCATION


                            education reform

       For carrying out activities authorized by titles II [and 
     III], III, and IV of the Goals 2000: Educate America Act and 
     titles II, III, and IV of the School-to-Work Opportunities 
     Act, $528,400,000 of which $503,670,000 shall become 
     available on July 1, 1995, and remain available through 
     September 30, 1996.


                    education for the disadvantaged

       For carrying out the activities authorized by title I of 
     the Elementary and Secondary Education Act of 1965, as 
     amended by the Improving America's Schools Act as [passed the 
     House of Representatives on March 24, 1994]  reported by the 
     Senate Committee on Labor and Human Resources on June 24, 
     1994, and by section 418A of the Higher Education Act, 
     [$7,245,655,000] $7,233,411,000, of which [$7,212,093,000] 
     $7,214,849,000 shall become available on July 1, 1995 and 
     shall remain available through September 30, 1996: Provided, 
     That $6,698,356,000 shall be available for grants to local 
     education agencies, not less than $41,434,000 shall be 
     available for capital expenses, $102,024,000 shall be 
     available for the Even Start program, $305,475,000 shall be 
     available for title I migrant education activities, 
     [$37,244,000] not less than $40,000,000 shall be available 
     for title I delinquent and high-risk youth education 
     activities, no more than $27,560,000 shall be for program 
     improvement activities, [$15,000,000 shall be for 
     demonstration grants,] and $8,270,000 shall be for 
     evaluation.


                               impact aid

       For carrying out programs of financial assistance to 
     federally affected schools authorized by the Improving 
     America's Schools Act as [passed the House of Representatives 
     on March 24, 1994] reported by the Senate Committee on Labor 
     and Human Resources on June 24, 1994, [$728,000,000] 
     $666,880,000, of which $40,000,000, to remain available until 
     expended, shall be for payments for heavily impacted 
     districts under section [8004(f)] 9004(f).


                      school improvement programs

       For carrying out school improvement activities authorized 
     by titles II, [III, IV, and V] IV, V, VII, VIII, IX, and XV 
     of the Elementary and Secondary Education Act of 1965, as 
     amended by the Improving America's Schools Act as [passed the 
     House of Representatives on March 24, 1994] reported by the 
     Senate Committee on Labor and Human Resources on June 24, 
     1994; the Stewart B. McKinney Homeless Assistance Act; the 
     Civil Rights Act of 1964; and title V of the Higher Education 
     Act; [$1,424,513,000] $1,570,201,000, of which 
     [$1,158,695,000] $1,164,849,000 shall become available on 
     July 1, 1995, and remain available through September 30, 
     1996: Provided, That [$5,899,000 shall be for law related 
     education under section 3702] $100,000,000 shall be for 
     education infrastructure under title XV, $5,899,000 shall be 
     for law related education under section 8252, $37,393,000 
     shall be for dropout assistance under part B of title V, 
     $4,185,000 shall be for Ellender Fellowships under part E of 
     title VIII, $15,000,000 shall be for education for Native 
     Hawaiians under part C of title IX, and $10,912,000 shall be 
     for foreign language assistance under part B of title VII.


                   bilingual and immigrant education

       For carrying out, to the extent not otherwise provided, 
     bilingual and immigrant education activities authorized by 
     [title VII] titles VII and IX of the Elementary and Secondary 
     Education Act as amended by the Improving America's Schools 
     Act, as [passed the House of Representatives on March 24, 
     1994 and by title IV of the Carl D. Perkins Vocational and 
     Applied Technology Education Act] reported by the Senate 
     Committee on Labor and Human Resources on June 24, 1994, 
     [$247,572,000] $238,082,000, of which $25,180,000 shall be 
     for training activities under [part C] subpart 3 of part A of 
     title VII, and $50,000,000 shall be for the immigrant 
     education program under part B of title IX.


                           special education

       For carrying out the Individuals with Disabilities 
     Education Act, [$3,106,634,000] $3,299,459,000, of which 
     [$2,858,973,000] $3,045,425,000 shall become available for 
     obligation on July 1, 1995, and shall remain available 
     through September 30, 1996.


            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, [$2,355,600,000] 
     $2,413,675,000.

           Special Institutions for Persons With Disabilities


                 american printing house for the blind

       For carrying out the Act of March 3, 1879, as amended (20 
     U.S.C. 101 et seq.), [$6,406,000] $6,680,000.


               national technical institute for the deaf

       For the National Technical Institute for the Deaf under 
     titles I and II of the Education of the Deaf Act of 1986 (20 
     U.S.C. 4301 et seq.), [$41,462,000] $43,191,000, of which 
     [$333,000 for the endowment program as authorized under 
     section 207 and not to exceed $192,000 for construction shall 
     remain available until expended] $336,000 shall be for the 
     endowment program as authorized under section 207 and shall 
     be available until expended and $150,000 shall be for 
     construction and shall be available until expended.


                          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.), 
     [$76,742,000] $80,030,000, of which [$991,000] $1,000,000 
     shall be for the endowment program as authorized under 
     section 207 and shall be available until expended.


                     vocational and adult education

       For carrying out, to the extent not otherwise provided, the 
     Carl D. Perkins Vocational and Applied Technology Education 
     Act, the Adult Education Act, the National Literacy Act of 
     1991, and the Stewart B. McKinney Homeless Assistance Act, 
     [$1,456,383,000, of which $1,453,464,000] $1,475,736,000, of 
     which $1,472,817,000 shall become available on July 1, 1995 
     and shall remain available through September 30, 1996: 
     Provided, That of the amounts made available under the Carl 
     D. Perkins Vocational and Applied Technology Education Act, 
     $400,000 of the amount available for Tech-Prep shall be for 
     evaluation of the program and [$25,767,000] $37,096,000 shall 
     be for national programs under title IV, including $7,851,000 
     for research, of which $6,000,000 shall be for the National 
     Center for Research on Vocational Education; [$13,000,000] 
     $23,245,000 for demonstrations, notwithstanding section 
     411(b); and [$4,916,000] $6,000,000 for data systems: 
     Provided further, That of the amounts made available under 
     the Adult Education Act, [$5,400,000] $3,900,000 shall be for 
     national programs under [sections 382 and 383] section 383, 
     and $4,869,000 shall be for the National Institute for 
     Literacy under section 384.


                      student financial assistance

       For carrying out subparts 1, 3, and 4 of part A, and parts 
     C, E, and H of title IV of the Higher Education Act of 1965, 
     as amended, including, notwithstanding section 401(a)(1), not 
     to exceed 3,930,000 Pell Grant recipients in award year 1994-
     1995, [$7,825,417,000] $7,685,524,000, which shall remain 
     available through September 30, 1996, and of which 
     [$54,322,000] $72,429,000 shall be for State Student 
     Incentive Grants under subpart 4 of part A.
       The maximum Pell Grant for which a student shall be 
     eligible during award year 1995-1996 shall be $2,340: 
     Provided, That notwithstanding section 401(g) of the Act, as 
     amended, if the Secretary determines, prior to publication of 
     the payment schedule for award year 1995-1996, that the 
     $6,247,180,000 included within this appropriation for Pell 
     Grant awards for award year 1995-1996, and any funds 
     available from the FY 1994 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, $62,191,000.


              federal direct student loan program account

       For the cost of direct loans authorized by title IV, part 
     D, of the Higher Education Act, as amended, such sums as may 
     be necessary to carry out the purposes of the program, 
     including such sums as may be derived from negative subsidy 
     receipts: Provided, That such costs, including costs of 
     modifying such loans, shall be as defined in section 502 of 
     the Congressional Budget Act of 1974.


                            higher education

       For carrying out, to the extent not otherwise provided, 
     titles I, [II, without regard to section 241(d),] III, IV, 
     including chapter 2 of subpart 2 of part A, V, VI, VII, [IX, 
     part A, and subpart 1 of part B of title X,] VIII, IX, part 
     A, subpart 1 of part B, and part D of title X, and XI, 
     without regard to section 1151, and section 1521 as amended 
     by Public Law 103-239, [and XV] of the Higher Education Act 
     of 1965, as amended; the Mutual Educational and Cultural 
     Exchange Act of 1961; [title VI, including part C,] and title 
     VI of the Excellence in Mathematics, Science and Engineering 
     Education Act of 1990; [and Public Law 102-423; $954,686,000, 
     of which $8,248,000] $946,703,000, of which $7,498,000 for 
     endowment activities under section 331 of part C of title III 
     and $17,512,000 for interest subsidies under title VII of the 
     Higher Education Act, as amended, [and $4,000,000 for Public 
     Law 102-423] shall remain available until expended [and 
     $1,500,000 of the amount provided herein for title III shall 
     be available for an evaluation of the title III programs].


                           howard university

       For partial support of Howard University (20 U.S.C. 121 et 
     seq.), [$206,463,000] $192,896,000, of which [$7,910,000] 
     $3,530,000, to remain available until expended, shall be for 
     a matching endowment grant to be administered in accordance 
     with the Howard University Endowment Act (Public Law 98-480) 
     [and $6,000,000, to remain available until expended, shall be 
     for construction].


                   higher education facilities loans

       The Secretary is hereby authorized to make such 
     expenditures, within the limits of funds available under this 
     heading and in accord with law, and to make such contracts 
     and commitments without regard to fiscal year limitation, as 
     provided by section 104 of the Government Corporation Control 
     Act (31 U.S.C. 9104), as may be necessary in carrying out the 
     program for the current fiscal year.


         college housing and academic facilities loans program

       For the costs of direct loans, as authorized by title VII, 
     part C, of the Higher Education Act, as amended, [$134,000] 
     $168,000: Provided, That such costs, including costs of 
     modifying such loans, shall be as defined in section 502 of 
     the Congressional Budget Act of 1974 and that these funds are 
     available to subsidize gross obligations for the principal 
     amount of direct loans of not to exceed [$8,000,000] 
     $10,000,000: Provided further, That obligated balances of 
     these appropriations will remain available until expended, 
     notwithstanding the provisions of 31 U.S.C. 1552(a), as 
     amended by Public Law 101-510. In addition, for 
     administrative expenses to carry out the existing direct loan 
     program of college housing and academic facilities loans 
     entered into pursuant to title VII, part C, of the Higher 
     Education Act, as amended, $1,022,000.


                         college housing loans

       Pursuant to title VII, part C of the Higher Education Act, 
     as amended, for necessary expenses of the college housing 
     loans program, previously carried out under title IV of the 
     Housing Act of 1950, the Secretary shall make expenditures 
     and enter into contracts without regard to fiscal year 
     limitation using loan repayments and other resources 
     available to this account. Any unobligated balances becoming 
     available from fixed fees paid into this account pursuant to 
     12 U.S.C. 1749d, relating to payment of costs for inspections 
     and site visits, shall be available for the operating 
     expenses of this account.


 historically black college and university capital financing, program 
                                account

       The total amount of bonds insured pursuant to section 724 
     of title VII, part B of the Higher Education Act shall not 
     exceed $357,000,000, and the cost, as defined in section 502 
     of the Congressional Budget Act of 1974, of such bonds shall 
     not exceed zero.
       For administrative expenses to carry out the Historically 
     Black College and University Capital Financing Program 
     entered into pursuant to title VII, part B of the Higher 
     Education Act, as amended, $347,000.


            education research, statistics, and improvement

       For carrying out activities authorized by the Educational 
     Research, Development, Dissemination, and Improvement Act; 
     the Elementary and Secondary Education Act of 1965 [and the 
     Education Council Act, as amended by the Improving America's 
     Schools Act as passed the House of Representatives on March 
     24, 1994; the National Education Statistics Act of 1994 as 
     passed the House of Representatives on March 24, 1994; and 
     the General Education Provisions Act, $318,775,000: Provided, 
     That $39,320,000 shall be for regional laboratories, 
     including rural initiatives; $4,463,000 shall be for civics 
     education activities; $14,480,000 shall be for the National 
     Diffusion Network; $34,424,000 shall be for Eisenhower 
     professional development Federal activities; and $20,000,000 
     shall be for Federal leadership activities in education 
     technology], as amended by the Improving America's Schools 
     Act as reported by the Committee on Labor and Human Resources 
     on June 24, 1994; the National Education Statistics Act of 
     1994, as reported by the Committee on Labor and Human 
     Resources on June 24, 1994; and title VI of Public Law 103-
     227; $371,586,000: Provided, That $41,000,000 shall be for 
     regional laboratories, including rural initiatives and 
     network activities; $33,000,000 shall be for research 
     centers; $5,000,000 shall be for title VI of Public Law 103-
     227; $3,000,000 shall be for part K of title VIII of the 
     Elementary and Secondary Education Act, as amended by the 
     Improving America's Schools Act as reported by the Committee 
     on Labor and Human Resources on June 24, 1994; $4,463,000 
     shall be for civic education activities; $14,480,000 shall be 
     for the National Diffusion Network; $40,000,000 shall be for 
     Eisenhower professional development Federal activities, 
     including not less than $5,472,000 for the National 
     Clearinghouse for Science and Mathematics, $15,000,000 for 
     regional consortia, and $3,000,000 for part E of title II of 
     the Elementary and Secondary Education Act, as amended by the 
     Improving America's Schools Act as reported by the Committee 
     on Labor and Human Resources on June 24, 1994; and 
     $50,000,000 shall be for education technology activities 
     under part A of title III of the Elementary and Secondary 
     Education Act, as amended by the Improving America's Schools 
     Act as reported by the Committee on Labor and Human Resources 
     on June 24, 1994.


                               libraries

       For carrying out, to the extent not otherwise provided, 
     titles I, II, III, IV, and VI of the Library Services and 
     Construction Act (20 U.S.C. ch. 16), and [section 222 of the 
     Higher Education Act, $115,996,000] title II of the Higher 
     Education Act, $147,558,000, of which $17,792,000 shall be 
     used to carry out the provisions of title II of the Library 
     Services and Construction Act and shall remain available 
     until expended, and $4,916,000 shall be for section 222 and 
     $8,270,000 shall be for section 223 of the Higher Education 
     Act, of which $2,500,000 shall be for demonstration of on-
     line and dial-in access to a statewide, multitype library 
     bibliographic data base through a statewide fiber optic 
     network housing a point of presence in every county, 
     connecting library services in every municipality, and 
     $1,500,000 shall be for a demonstration project making 
     Federal information and other data bases available for public 
     use by connecting Internet to a multistate consortium of 
     public and private colleges and universities, a public 
     library system, and a State historical library.

                        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, [$359,358,000] $346,008,000.


                        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, $58,325,000.


                    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, [$29,199,000] $31,675,000.

                           GENERAL PROVISIONS

       Sec. 301. No part of the funds contained in this title may 
     be used to force any school or school district which is 
     desegregated as that term is defined in title IV of the Civil 
     Rights Act of 1964, Public Law 88-352, to take any action to 
     force the busing of students; to force on account of race, 
     creed or color the abolishment of any school so desegregated; 
     or to force the transfer or assignment of any student 
     attending any elementary or secondary school so desegregated 
     to or from a particular school over the protest of his or her 
     parents or parent.
       Sec. 302. (a) No part of the funds contained in this title 
     shall be used to force any school or school district which is 
     desegregated as that term is defined in title IV of the Civil 
     Rights Act of 1964, Public Law 88-352, to take any action to 
     force the busing of students; to require the abolishment of 
     any school so desegregated; or to force on account of race, 
     creed or color the transfer of students to or from a 
     particular school so desegregated as a condition precedent to 
     obtaining Federal funds otherwise available to any State, 
     school district or school.
       (b) 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. 303. 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. 304. No funds appropriated under this Act may be used 
     to prevent the implementation of programs of voluntary prayer 
     and meditation in the public schools.
       This title may be cited as the ``Department of Education 
     Appropriations Act, 1995''.

                       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, [$59,816,000] $56,820,000, of which $2,906,000 
     shall remain available until expended for construction and 
     renovation of the physical plants at the United States 
     Soldiers' and Airmen's Home and the United States Naval Home: 
     Provided, That this appropriation shall not be available for 
     the payment of hospitalization of members of the Soldiers' 
     and Airmen's Home in United States Army hospitals at rates in 
     excess of those prescribed by the Secretary of the Army upon 
     recommendation of the Board of Commissioners and the Surgeon 
     General of the Army.

             Corporation for National and Community Service


        domestic volunteer service programs, operating expenses

       For expenses necessary for the Corporation for National and 
     Community Service to carry out the provisions of the Domestic 
     Volunteer Service Act of 1973, as amended, [$205,771,000] 
     $217,688,000.

                  Corporation for Public Broadcasting


                             [(rescission)

       [Of the funds made available under this heading in Public 
     Law 102-394, $21,100,000 are hereby rescinded.]
       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 1997, $330,000,000: 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), [$31,078,000] $31,610,000.

            Federal Mine Safety and Health Review Commission


                         salaries and expenses

       For expenses necessary for the Federal Mine Safety and 
     Health Review Commission (30 U.S.C. 801 et seq.), $6,200,000.

        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), $901,000.

                     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, [$1,643,000] $1,843,000.

                     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, [$173,388,000] $176,047,000: 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.

                        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, $8,119,000.

            Occupational Safety and Health Review Commission


                         salaries and expenses

       For expenses necessary for the Occupational Safety and 
     Health Review Commission (29 U.S.C. 661), $7,595,000.

                  Physician Payment Review Commission


                         salaries and expenses

       For expenses necessary to carry out section 1845(a) of the 
     Social Security Act, $4,176,000 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, $4,667,000 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, $261,000,000, which shall include amounts becoming 
     available in fiscal year 1995 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 
     $261,000,000: Provided, That the total amount provided herein 
     shall be credited in 12 approximately equal amounts on the 
     first day of each month in the fiscal year.


          federal payments to the railroad retirement accounts

       For payment to the accounts established in the Treasury for 
     the payment of benefits under the Railroad Retirement Act for 
     interest earned on unnegotiated checks, $300,000, to remain 
     available through September 30, 1996, 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, 
     $73,881,000, to be derived from the railroad retirement 
     accounts: Provided, That $200,000 of the foregoing amount 
     shall be available only to the extent necessary to process 
     workloads not anticipated in the budget estimates and after 
     maximum absorption of the costs of such workloads within the 
     remainder of the existing limitation has been achieved: 
     Provided further, That notwithstanding any other provision of 
     law, no portion of this limitation shall be available for 
     payments of standard level user charges pursuant to section 
     210(j) of the Federal Property and Administrative Services 
     Act of 1949, as amended (40 U.S.C. 490(j); 45 U.S.C. 231-
     231u).


   limitation on railroad unemployment insurance administration fund

       For further expenses necessary for the Railroad Retirement 
     Board, for administration of the Railroad Unemployment 
     Insurance Act, not less than $17,031,000 shall be apportioned 
     for fiscal year 1995 from moneys credited to the railroad 
     unemployment insurance administration fund.


                  special management improvement fund

       To effect management improvements, including the reduction 
     of backlogs, accuracy of taxation accounting, and debt 
     collection, $1,640,000, to be derived from the railroad 
     retirement accounts and railroad unemployment insurance 
     account: Provided, That these funds shall supplement, not 
     supplant, existing resources devoted to such operations and 
     improvements.


             limitation on the office of inspector general

       For expenses necessary for the Office of Inspector General 
     for audit, investigatory and review activities, as authorized 
     by the Inspector General Act of 1978, as amended, not more 
     than [$6,682,000] $6,860,000, to be derived from the railroad 
     retirement accounts and railroad unemployment insurance 
     account.

                    United States Institute of Peace


                           operating expenses

       For necessary expenses of the United States Institute of 
     Peace as authorized in the United States Institute of Peace 
     Act, [$10,912,000] $11,500,000.

                      TITLE V--GENERAL PROVISIONS

       Sec. 501. No part of the funds appropriated under this Act 
     shall be used to provide a loan, guarantee of a loan, a 
     grant, the salary of or any remuneration whatever to any 
     individual applying for admission, attending, employed by, 
     teaching at, or doing research at an institution of higher 
     education who has engaged in conduct on or after August 1, 
     1969, which involves the use of (or the assistance to others 
     in the use of) force or the threat of force or the seizure of 
     property under the control of an institution of higher 
     education, to require or prevent the availability of certain 
     curricula, or to prevent the faculty, administrative 
     officials, or students in such institution from engaging in 
     their duties or pursuing their studies at such institution.
       Sec. 502. 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. 503. 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. 504. (a) No part of any appropriation contained in 
     this Act shall be used, other than for normal and recognized 
     executive-legislative relationships, for publicity or 
     propaganda purposes, for the preparation, distribution, or 
     use of any kit, pamphlet, booklet, publication, radio, 
     television, or film presentation designed to support or 
     defeat legislation pending before the Congress, except in 
     presentation to the Congress itself.
       (b) No part of any appropriation contained in this Act 
     shall be used to pay the salary or expenses of any grant or 
     contract recipient, or agent acting for such recipient, 
     related to any activity designed to influence legislation or 
     appropriations pending before the Congress.
       Sec. 505. 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. 506. 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 Surgeon 
     General of the United States determines that such programs 
     are effective in preventing the spread of HIV and do not 
     encourage the use of illegal drugs, except that such funds 
     may be used for such purposes in furtherance of 
     demonstrations or studies authorized in the ADAMHA 
     Reorganization Act (Public Law 102-321).
       [Sec. 507. (a) Purchase of American-Made Equipment and 
     Products.--It is the sense of the Congress that, to the 
     greatest extent practicable, all equipment and products 
     purchased with funds made available in this Act should be 
     American-made.
       [(b) Notice Requirement.--In providing financial assistance 
     to, or entering into any contract with, any entity using 
     funds made available in this Act, the head of each Federal 
     agency, to the greatest extent practicable, shall provide to 
     such entity a notice describing the statement made in 
     subsection (a) by the Congress.]
       Sec. 507. No funds appropriated pursuant to this Act may be 
     expended by an entity unless the entity agrees that in 
     expending the assistance the entity will comply with sections 
     2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a-10c, 
     popularly known as the ``Buy American Act'').
       Sec. 508. When issuing statements, press releases, requests 
     for proposals, bid solicitations and other documents 
     describing projects or programs funded in whole or in part 
     with Federal money, all grantees receiving Federal funds, 
     including but not limited to State and local governments and 
     recipients of Federal research grants, shall clearly state 
     (1) the percentage of the total costs of the program or 
     project which will be financed with Federal money, (2) the 
     dollar amount of Federal funds for the project or program, 
     and (3) percentage and dollar amount of the total costs of 
     the project or program that will be financed by 
     nongovernmental sources.
       Sec. 509. 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. 510. No funds appropriated herein shall be used to 
     implement any regulation promulgated under section 481(b)(6) 
     of the Higher Education Act of 1965, as amended, prior to 
     July 1, 1995.
       [Sec. 511. None of the funds appropriated or otherwise made 
     available under this Act may be obligated in violation of 
     existing Federal law or regulation already prohibiting such 
     benefit or assistance.]
       Sec. 511. None of the funds appropriated or otherwise made 
     available under this Act may be obligated in violation of 
     existing Federal law or regulation already prohibiting such 
     benefit or assistance. None of the funds appropriated under 
     this Act may be used by any Federal official, or any State or 
     local official, to encourage the application by or on behalf 
     of illegal aliens for Federal or federally assisted benefits 
     for which they are not eligible. Each State agency and each 
     other entity administering a program under which verification 
     of immigration status is required by section 121 of the 
     Immigration Reform and Control Act of 1986 shall participate 
     in the system for the verification of such status established 
     by the Commissioner of the Immigration and Naturalization 
     pursuant to section 121(c) of that Act, unless an alternative 
     system is available and employed for such purposes which is 
     found to meet the criteria for waiver under section 
     121(c)(4).
       Sec. 512. Notwithstanding any other provision of law, 
     monthly benefit rates under part B or part C of the Black 
     Lung Benefits Act shall continue to be based on the benefit 
     rates in effect in September, 1994 and be paid in accordance 
     with the Act, until exceeded by the benefit rate specified in 
     section 412(a)(1) of the Act.
       Sec. 513. No more than one percent of salaries appropriated 
     for each Agency in this Act may be expended by that Agency on 
     cash performance awards.
       Sec. 514. Funds available for executive direction, 
     excluding the Centers for Disease Control and Prevention, the 
     National Institutes of Health and the Social Security 
     Administration, shall not exceed the amounts set forth in the 
     budget estimates submitted to Congress for fiscal year 1995.
       Sec. 515. (a) No appropriations for Agencies in this Act 
     may be used to fund non-formula grants or contracts or 
     modifications thereto to grantees or contractors determined 
     by each Agency's grant or contracting officer to have 
     previously included expressly unallowable costs in required 
     cost reports or in claims to the Government, unless such 
     grant or contract includes a clause which--
       (1) specifically states that the costs previously 
     determined to be unallowable will not again be reported as 
     allowable costs or claimed for reimbursement, and
       (2) requires the submission of a certification by the 
     grantee or contractor attesting to (1) above.
       (b) A grantee or contractor that knowingly submits a cost 
     report or claim for reimbursement which includes a cost that 
     is expressly specified by regulation as being unallowable and 
     which was determined to have been disallowed in a previous 
     grant or contract with this grantee or contractor shall be 
     subject to the provisions of 18 U.S.C. 287, 31 U.S.C. 3729, 
     and/or 31 U.S.C. 3801.
       (c) The unallowability of a type of cost reported or 
     claimed for reimbursement may be evidenced by a prior final 
     determination by a grant or contracting officer of the Agency 
     disallowing such costs charged by that grantee or contractor 
     which determination is, where appropriate, upheld by any 
     adjudicatory body, such as an Administrative Law Judge, Board 
     of Contract Appeals, or other higher level review provided by 
     law or regulation.
       This Act may be cited as the ``Departments of Labor, Health 
     and Human Services, and Education, and Related Agencies 
     Appropriations Act, 1995''.

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