[Congressional Record Volume 140, Number 137 (Tuesday, September 27, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: September 27, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
  DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION AND 
               RELATED AGENCIES APPROPRIATIONS ACT, 1995

  The Senate continued with the consideration of the conference report.
  Mr. SPECTER. Madam President, I join the chairman of the 
subcommittee, the distinguished Senator from Iowa, Senator Harkin, in 
supporting the conference report before the Senate today. There has 
been an extraordinary amount of work done in this massive bill, almost 
$253 billion, and extraordinary staff work. At the same time, I want to 
thank Chairman Smith and Congressman Porter, chairman of the House 
committee, and the ranking Republican there, for their work. It is a 
very complicated matter to move through the numerous items of concern 
in the Departments of Health and Human Services, Education, and Labor, 
and to allocate the funds which are available.
  While at first blush, that sum of money might seem very substantial--
and it is--when you have to fund the National Institutes of Health, 
which does basic research and has had really marvelous results, and 
when you have to allocate increases for cancer--prostate cancer, breast 
cancer, cervical cancer--and you have to find money for heart disease 
and for diabetes, and you have to work through the complicated issues 
of sufficient funding for Head Start and other educational programs, 
and fund mine safety, AIDS research, and a tremendous number of items 
which confront this bill, it seems vast indeed.
  We were able to move through the conference with the cooperation, as 
I say, of Congressman Smith and Congressman Porter, and the staffs have 
done a really extraordinary job. We are on a tight schedule with a 
great many matters pending, as we try to conclude the work of the 
Senate this year and try to get all the appropriations bills finished 
before September 30, which is at the end of this week.
  Mr. President, I join the chairman of the subcommittee, the 
distinguished Senator from Iowa, in supporting the conference report 
that is before the Senate today. I want to take this opportunity to 
thank Chairman Harkin and the other members of the subcommittee, for 
putting together this very comprehensive conference agreement. I also 
want to thank Chairman Smith and Congressman Porter for their hard work 
and their willingness to compromise on the differences between the 
House and Senate bills.
  The bill totals more than $252.9 billion, including over $70 billion 
in discretionary spending, and provides funding for workforces 
retraining, educating this Nation's and continuing the critical 
biomedical research to cure and curb disease. This year, as in the 
past, the subcommittee allocation was insufficient to meet all of the 
health, welfare, job training and education and education needs, but 
given the budget constraints faced by the subcommittee, I think that 
the agreement is very comprehensive.


                             teen pregnancy

  When one talks of the social ills in America today, the problem of 
the increasing numbers of births to adolescents is always at the top of 
the list. The costs associated with families begun by teens are 
staggering. In 1990, an estimated 51 percent of Aid to Families With 
Dependent Children (AFDC] payments went to recipients who were 19 or 
younger when they first became mothers. And when AFDC costs were 
combined with those of Medicaid and food stamps. Over $25 billion of 
these funds were used to support families begun by teens in 1990.
  The conference agreement contains over $217 million for education and 
prevention programs to deal with issues surrounding teen pregnancy.


               prenatal care and low birthweight infants

  Each year, about 7 percent, or 287,000, of the 4,100, of the 
4,100,000 babies born in the United States are of low birth weight and 
therefore, at far greater risk of death or disability. Including $4.5 
million for the CDC to support the development of community coalitions 
for the prevention of teen pregnancies.
  Beyond the human tragedy of low birth weight there are the financial 
consequencies. In 1990, the hospital-related costs for caring for low 
birth weight newborns totaled more than $2 billion, or an average of 
$21,000 per infant. And in infants of extremely low birth weight, 
hospital costs often exceed $150,000.
  It is generally recognized that prenatal care that begins in the 
first weeks of pregnancy and is appropriate to the mother's level of 
health risk can effectively prevent low birth weight births and improve 
birth outcomes. The bill recommends $1.498 billion for programs which 
support education, counseling, and prenatal services for pregnant 
women. This amount includes a $12.5 million increase for the healthy 
start program, bringing the total amount available to $110 million.


                            prison education

  On a given day in the United States, there are approximately 1.3 
million residents in correctional institutions. The costs of 
incarcerating an individual per year is approximately $25-$30,000. The 
correctional population is characterized by low levels of formal 
education with estimates of between 60 and 80 percent of the prison 
population functionally illiterate. Only 40 percent of prison inmates 
have graduated from high school. Lack of formal education limits an 
individuals ability to succeed in society. Criminal records, coupled 
with limited academic and vocational training, exacerbates the problem 
further. The conference report before us today provides $116.7 million 
for programs to educate juveniles in adult corrections facilities, 
literacy and vocational education programs for adult inmates and 
substance abuse prevention and treatment for the criminal justice 
population.


                                 liheap

  A program that is of critical importance to Pennsylvania is the Low 
Income Home Energy Assistance Program. These funds help low income 
families avoid having to decide between heating or eating. Over 70 
percent of households who receive LIHEAP have annual incomes of less 
than $8,000. LIHEAP already has borne its share of funding cuts. From 
fiscal year 1981 to fiscal year 1993, LIHEAP's funding has been cut by 
$1.6 billion, or 53.9 percent after adjusting for inflation. Funding 
for this program supports grants to States to deliver assistance to low 
income households to help meet the costs of heating and cooling their 
homes. The conference report includes $1.319 billion for the fiscal 
year 1995 winter program and for the in advance funding for the fiscal 
year 1996 winter program. While I would like to have seen an increase 
in the LIHEAP program, this was not possible, due to the extremely 
tight budget situation.


                            family violence

  The O.J. Simpson case brought the incidence of domestic violence into 
the public eye. But unfortunately, family violence is not a rare 
occurrence. Last year alone, an estimated 4 million women were beaten 
by their husbands or partners. Battering is the single largest cause of 
injury to women in the United States and medical costs associated with 
those injuries is approximately $3.5 billion annually. To prevent 
family violence and to provide immediate shelter to victims and their 
families, the agreement includes $32.6 million, an increase of $5 
million over the fiscal year 1994 amount. In addition, the agreement 
provides new funding of $1 million for education and training for 
community leaders and law enforcement personnel, $750,000 for a 
national conference on violence, and $1 million for a domestic violence 
hotline.


                          biomedical research

  This agreement includes $11.3 billion for the National Institutes of 
Health, an increase of $396.5 million above last year's level. These 
funds will continue the progress being made in identifying new 
treatments and supporting promising avenues of research for diseases 
such as cancer, Aids, Alzheimers disease, diabetes, mental illness, and 
arthritis as well as the many other illnesses that afflict the people 
of this Nation.


                             breast cancer

  Breast cancer, the most commonly diagnosed cancer in America today, 
currently afflicts over 1.8 million women, and it is estimated that an 
additional 1 million women have yet to be diagnosed. The incidence of 
this disease continues to rise and every 12 minutes a woman dies of 
this dreaded illness. The conference agreement this year provides an 
estimated $350 million for research programs for breast cancer. In 
addition, $100 million has been included for breast and cervical cancer 
screening, an increase of $21.9 million. These additional funds will 
continue the progress made in ensuring that all women, especially those 
of low-income and of particular risk of developing cancer, will have 
access to preventive health services.


                                  aids

  The agreement contains $2.6 billion for research, education, 
prevention, and services to stop the spread and find a cure for AIDS. 
This amount represents an increase of $134.3 million over last year's 
funding level. Included in this amount is $356.5 million to provide 
grants to cities with the highest incidence of AIDS. The increase in 
the title I funds will enable grants to be provided up to 7 additional 
cities, bringing the total number of cities receiving grants to as many 
as 41.
  I am also pleased to report that the Pediatric AIDS Demonstration 
Program under title IV of the Ryan White Act has been funded at $26 
million. This money helps coordinate services for women, infants, and 
children who are infected with HIV or who are at risk of developing the 
disease. Because of their unique vulnerability, infants suffering from 
AIDS require specially tailored approaches for treatment, prevention, 
and care. The funds provided will continue the existing pediatric and 
adolescent AIDS demonstration projects.


                         mental health services

  Each year, more than 40 million adults in the United States 
experience one or more mental disorders. In addition 8 million children 
are tormented with serious emotional disturbances. The direct and 
indirect costs of these illnesses have been estimated to cost over $148 
billion each year. The bill contains $1.072 billion for research, 
prevention, and treatment of mental illness.


                               education

  This country must give this Nation's youth the opportunity to obtain 
the best education possible. The challenge is to find new and better 
ways to teach this country's 43 million school children. Meeting this 
challenge will take new ideas and innovative approaches to teaching and 
the resources to assure that all children are given every opportunity 
to reach their full potential. Because of very severe budget 
constraints, this bill does not contain all of funds necessary to 
strengthen our educational system. But we are moving in the right 
direction. The bill provides $27.4 billion for education programs and 
provides $7.7 billion for student financial aid, including $6.2 billion 
for Pell Grants, which raises the maximum grant to $2,340, an increase 
of $40 over the previous year's cap.
  For education for disadvantaged children, the bill includes $7.2 
billion, an increase of $321.1 million over the fiscal year 1994 level. 
Capital expenses for private schools is funded at $41.4 million and the 
Even Start Program, funded last year at $91.3 million has increased to 
$102.1 million. The agreement restores $41.1 million in funding cut 
proposed by the administration for library programs bringing the total 
amount available to $146.3 million.
  Also included is $6 million for a new Charter School Program. This 
program will stimulate comprehensive education reform by supporting the 
development of schools, created by teachers, parents and community 
members. These new schools would be given flexibility from some of the 
cumbersome Federal regulations, but would be required to meet 
challenging performance standards. Programs such as charter schools 
will allow schools to try new ways of teaching, including contracting 
with private management firms, if they choose to do so.


                              job training

  Another vital part of this Nation's education system is the training 
and retraining of this Nation's work force. The once-familiar 
occupations held by our grandfathers, and mothers and fathers, have 
declined or disappeared and wholly new industries have emerged which 
require new skills. These skills often involve technical training that 
is beyond what is traditionally taught in our schools. To help address 
this need, the bill includes $5.4 billion for job training and adults 
and youth, including $1.056 billion for summer youth employment and 
$1.3 billion for the retraining of dislocated workers. Also included is 
$250 million for the School to Work Program which helps States and 
localities prepare noncollege bound students for the transition from 
school to the workplace. This is an increase of $150 million over the 
fiscal year 1994 level.
  In closing, Mr. President, I again want to thank Senator Harkin and 
his staff and the other Senators on the subcommittee for their 
cooperation in a very tough budget year.
  Mr. HARKIN. Madam President, I thank Senator Specter for all of his 
work and input in this bill. It is due in no small part to his working 
closely with us, and our staffs working together, that we were able to 
have a record conference. As I said, in less than 10 minutes, we 
finished our conference meeting.
  Madam President, in order to take care of the amendments in 
disagreement, I ask unanimous consent that the conference report be 
temporarily laid aside.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. HARKIN. Madam President, I ask unanimous consent that the Senate 
concur, en bloc, to the amendments of the House to the amendments of 
the Senate in disagreement, with the exception of amendments numbered 
73, 83, and 148, and that all the preceding motions be reconsidered, en 
bloc, and tabled.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendments in disagreement, with the exception of amendments 
numbered 73, 83, and 148, are as follows:

       Resolved, That the House agree to the report of the 
     committee of conference on the disagreeing votes of the two 
     Houses on the amendments of the Senate to the bill (H.R. 
     4606) entitled ``An Act making appropriations for the 
     Departments of Labor, Health and Human Services, and 
     Education, and related agencies, for the fiscal year ending 
     September 30, 1995, and for other purposes.''.
       Resolved, That the House recede from its disagreement to 
     the amendments of the Senate numbered 12, 13, 20, 32, 37, 66, 
     75, 78, 79, 80, 89, 91, 101, 108, and 124 to the aforesaid 
     bill, and concur therein.
       Resolved, That the House recede from its disagreement to 
     the amendment of the Senate numbered 18 to the aforesaid 
     bill, and concur therein with an amendment as follows:
       In lieu of the sum proposed by said amendment, insert: 
     ``$223,837,000''.
       Resolved, That the House recede from its disagreement to 
     the amendment of the Senate numbered 26 to the aforesaid 
     bill, and concur therein with an amendment as follows:
       In lieu of the sum named in said amendment, insert: 
     ``$2,100,000''.
       Resolved, That the House recede from its disagreement to 
     the amendment of the Senate numbered 33 to the aforesaid 
     bill, and concur therein with an amendment as follows:
       In lieu of the matter inserted by said amendment, insert:
       Sec. 105. 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 of intangible, received by gift, 
     devise, bequest, or otherwise.
       Sec. 106. 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. 107. 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.
       Resolved, That the House recede from its disagreement to 
     the amendment of the Senate numbered 35 to the aforesaid 
     bill, and concur therein with an amendment as follows:
       In lieu of the sum named in said amendment, insert: 
     ``$24,625,000''.
       Resolved, That the House recede from its disagreement to 
     the amendment of the Senate numbered 38 to the aforesaid 
     bill, and concur therein with an amendment as follows:
       In lieu of the sum proposed by said amendment, insert: 
     ``$2,089,443,000''.
       Resolved, That the House recede from its disagreement to 
     the amendment of the Senate numbered 51 to the aforesaid 
     bill, and concur therein with an amendment as follows:
       In lieu of the sum proposed by said amendment, insert: 
     ``$218,367,000, of which $3,375,000 shall be transferred to 
     the National Institute of General Medical Sciences''.
       Resolved, That the House recede from its disagreement to 
     the amendment of the Senate numbered 53 to the aforesaid 
     bill, and concur therein with an amendment as follows:
       In lieu of the sum proposed by said amendment, insert: 
     ``$2,181,407,000''.
       Resolved, That the House recede from its disagreement to 
     the amendment of the Senate numbered 54 to the aforesaid 
     bill, and concur therein with an amendment as follows:
       In lieu of the matter stricken and inserted by said 
     amendment, insert: ``$65,267,000, together with $1,500,000 
     which shall be only for employee buyouts, terminal leave, 
     severance pay, and other costs related to the reduction of 
     the number of employees in the Office of the Assistant 
     Secretary for Health''.
       Resolved, That the House recede from its disagreement to 
     the amendment of the Senate numbered 56 to the aforesaid 
     bill, and concur therein with an amendment as follows:
       In lieu of the sum proposed by said amendment, insert: 
     ``$138,642,000''.
       Resolved, That the House recede from its disagreement to 
     the amendment of the Senate numbered 63 to the aforesaid 
     bill, and concur therein with an amendment as follows:
       In lieu of the sum proposed by said amendment, insert: 
     ``$5,159,785.000''.
       Resolved, That the House recede from its disagreement to 
     the amendment of the Senate numbered 69 to the aforesaid 
     bill, and concur therein with an amendment as follows:
       In lieu of the matter inserted by said amendment, insert:


              state legalization impact-assistance grants

                         (including rescission)

       Funds not obligated by the States by June 29, 1995, under 
     section 204(b)(4) of the Immigration Reform and Control Act 
     of 1986 are hereby rescinded.
       For Federal administration and allotments of funds to the 
     States made by the Secretary of Health and Human Services for 
     the purpose of making payments to public and private 
     nonprofit organizations for public information and outreach 
     activities; and English language and civics instruction 
     provided to any adult eligible legalized alien who has not 
     met the requirements of section 312 of the Immigration and 
     Nationality Act for purposes of becoming naturalized as a 
     citizen of the United States, $6,000,000: Provided, That the 
     Secretary of Health and Human Services shall allocate such 
     amount among the States not later than August 15, 1995: 
     Provided further, That each State's share of these funds 
     shall be equal to that State's percentage share of the total 
     costs of administering and providing educational services to 
     eligible legalized aliens in all States through fiscal year 
     1994, as determined by the Secretary: Provided further, That 
     the definition of ``eligible legalized alien'' contained in 
     section 204(i)(4) of the Immigration Reform and Control Act 
     of 1986 is amended by inserting before the period at the end 
     ``, except that the five-year limitation shall not apply 
     for the purposes of making payments from funds 
     appropriated under the fiscal year 1995 Labor, Health and 
     Human Services, and Education, and Related Agencies 
     Appropriations Act for providing public information and 
     outreach activities regarding naturalization and 
     citizenship; and English language and civics instruction 
     to any adult eligible legalized alien who had not met the 
     requirements of section 312 of the Immigration and 
     Nationality Act for purposes of becoming naturalized as a 
     citizens of the United States'': Provided further, That 
     each State may designate the appropriate agency or 
     agencies to administer funds under this heading: Provided 
     further, That section 204(b)(4) of the Immigration Reform 
     and Control Act of 1986 is amended by striking the fourth 
     sentence and inserting the following: ``Funds made 
     available to a State pursuant to the preceding sentence of 
     this paragraph shall be utilized by the State to reimburse 
     all allowable costs within 90 days after a State has 
     received a reallocation of funds from the Secretary, but 
     in no event later than July 31, 1995.''.
       Resolved, That the House recede from its disagreement to 
     the amendment of the Senate numbered 70 to the aforesaid 
     bill, and concur therein with an amendment as follows:
       In lieu of the matter stricken and inserted by said 
     amendment, insert: ``$472,920,000, 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 subgrantee: Provided further, That 
     amounts in excess of $9,400,000 of 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 to such program in an amount 
     that equals 29 percent of such excess amount.''.
       Resolved, That the House recede from its disagreement to 
     the amendment of the Senate numbered 71 to the aforesaid 
     bill, and concur therein with an amendment as follows:
       In lieu of the sum proposed by said amendment, insert: 
     ``$4,419,888,000''.
       Resolved, That the House recede from its disagreement to 
     the amendment of the Senate numbered 74 to the aforesaid 
     bill, and concur therein with an amendment as follows:
       In lieu of the sum proposed by said amendment, insert: 
     ``$91,247,000''.
       Resolved, That the House recede from its disagreement to 
     the amendment of the Senate numbered 81 to the aforesaid 
     bill, and concur therein with an amendment as follows:
       In lieu of the matter inserted by said amendment, insert:
       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 except that this 
     provision shall not apply to assessments required by 
     authorizing legislation, or related to working capital funds 
     or other fee-for-service activities.
       Resolved, That the House recede from its disagreement to 
     the amendment of the Senate numbered 86 to the aforesaid 
     bill, and concur therein with an amendment as follows:
       In lieu of the matter stricken and inserted by said 
     amendment, insert ``enacted into law''.
       Resolved, That the House recede from its disagreement to 
     the amendment of the Senate numbered 87 to the aforesaid 
     bill, and concur therein with an amendment as follows:
       In lieu of the sum proposed by said amendment, insert: 
     ``$7,232,722,000''.
       Resolved, That the House recede from its disagreement to 
     the amendment of the Senate numbered 88 to the aforesaid 
     bill, and concur therein with an amendment, as follows:
       In lieu of the sum proposed by said amendment, insert: 
     ``$7,214,160,000''.
       Resolved, That the House recede from its disagreement to 
     the amendment of the Senate numbered 90 to the aforesaid 
     bill, and concur therein with an amendment, as follows:
       In lieu of the matter stricken and inserted by said 
     amendment, insert: ``not less than $39,311,000''.
       Resolved, That the House recede from its disagreement to 
     the amendment of the Senate numbered 93 to the aforesaid 
     bill, and concur therein with an amendment, as follows:
       In lieu of the matter stricken and inserted by said 
     amendment, insert: ``enacted into law''.
       Resolved, That the House recede from its disagreement to 
     the amendment of the Senate numbered 95 to the aforesaid 
     bill, and concur therein with an amendment, as follows:
       In lieu of the matter stricken and inserted by said 
     amendment, insert: ``8004(f), 9004(f), or the relevant 
     citation which may be designated in the Act: Provided, 
     That should the improving America's Schools Act not be 
     enacted into law for fiscal year 1995 funds for impact aid 
     shall be made available under the provisions of Public 
     Laws 81-815 and 81-874 with amounts allocated 
     proportionately and under the same timeframes as provided 
     in fiscal year 1994''.
       Resolved, That the House recede from its disagreement to 
     the amendment of the Senate numbered 96 to the aforesaid 
     bill, and concur therein with an amendment as follows:
       In lieu of the matter stricken and inserted by said 
     amendment, insert: ``III, IV, V, VII, VIII, IX, and XV (or 
     under the comparable citations which may be designated)''.
       Resolved, That the House recede from its disagreement to 
     the amendment of the Senate numbered 97 to the aforesaid 
     bill, and concur therein with an amendment as follows:
       In lieu of the matter stricken and inserted by said 
     amendment, insert: ``enacted into law''.
       Resolved, That the House recede from its disagreement to 
     the amendment of the Senate numbered 98 to the aforesaid 
     bill, and concur therein with an amendment as follows:
       In lieu of the sum proposed by said amendment, insert: 
     ``$1,564,877,000''.
       Resolved, That the House recede from its disagreement to 
     the amendment of the Senate numbered 99 to the aforesaid 
     bill, and concur therein with an amendment as follows:
       In lieu of the sum proposed by said amendment, insert: 
     ``$1,268,418,000''.
       Resolved, That the House recede from its disagreement to 
     the amendment of the Senate numbered 100 to the aforesaid 
     bill, and concur therein with an amendment as follows:
       In lieu of the matter stricken and inserted by said 
     amendment, insert: ``$5,899,000 shall be for law related 
     education; $12,000,000 shall be for arts education 
     activities; $28,000,000 shall be for dropout prevention 
     assistance, if authorized; $4,185,000 shall be for Ellender 
     Fellowships; $12,000,000 shall be for education for Native 
     Hawaiians, $10,912,000 shall be for foreign language 
     assistance, if authorized; and $100,000,000 shall be for new 
     education infrastructure improvement grants, if authorized''.
       Resolved, That the House recede from its disagreement to 
     the amendment of the Senate numbered 102 to the aforesaid 
     bill, and concur therein with an amendment as follows:
       In lieu of the matter stricken and inserted by said 
     amendment, insert: ``enacted into law''.
       Resolved, That the House recede from its disagreement to 
     the amendment of the Senate numbered 103 to the aforesaid 
     bill, and concur therein with an amendment as follows:
       In lieu of the sum proposed by said amendment, insert: 
     ``$245,200,000.
       Resolved, That the House recede from its disagreement to 
     the amendment of the Senate numbered 104 to the aforesaid 
     bill, and concur therein with an amendment as follows: In 
     lieu of the matter stricken and inserted by said amendment, 
     insert: ``part C or under subpart 3 of part A of title VII or 
     under the comparable citation which may be designated by 
     amendments to the authorizing legislation''.
       Resolved, That the House recede from its disagreement to 
     the amendment of the Senate numbered 107 to the aforesaid 
     bill, and concur therein with an amendment as follows:
       In lieu of the sum proposed by said amendment, insert: 
     ``$2,998,812,000''.
       Resolved, That the House recede from its disagreement to 
     the amendment of the Senate numbered 130 to the aforesaid 
     bill, and concur therein with an amendment as follows:
       In lieu of the matter stricken and inserted by said 
     amendment, insert: ``section 1521 of the Higher Education 
     Amendments of 1986 as amended by Public Law 103-239, to be 
     administered by the Secretary of Education; part E of title 
     XV of the Higher Education Amendments of 1992; and Public Law 
     102-433, $962,842,000, of which $8,060,000''.
       Resolved, That the House recede from its disagreement to 
     the amendment of the Senate numbered 135 to the aforesaid 
     bill, and concur therein with an amendment as follows:
       Restore the matter stricken by said amendment, amended to 
     read as follows: ``$5,000,000, to remain available until 
     expended, shall be for general construction needs at the 
     University and $5,500,000, to remain available until 
     expended, shall be for the establishment of a Law School 
     Clinical Center to be administered under the same terms and 
     conditions as the Centers established and funded under Public 
     Laws 99-88 and 100-517 with not more than $1,000,000 to be 
     used for construction''.
       Resolved, That the House recede from its disagreement to 
     the amendment of the Senate numbered 138 to the aforesaid 
     bill, and concur therein with an amendment as follows:
       In lieu of the matter stricken and inserted by said 
     amendment, insert: ``as amended by the Improving America's 
     School's Act as enacted into law; the National Education 
     Statistics Act of 1994, as enacted into law; the Education 
     Council Act, as amended; part F of the General Education 
     Provisions Act; and title VI of Public Law 103-227, 
     $354,892,000; Provided, That $86,200,000 shall be for 
     education research of which $41,000,000 shall be for regional 
     laboratories, including rural initiatives and network 
     activities, $33,000,000 shall be for research centers and 
     $3,200,000 to remain available until expended, shall be for 
     school finance equalization research; $36,750,000 shall be 
     for the Fund for the Improvement of Education; $3,000,000 
     shall be for the international education exchange program; 
     $750,000 shall be for 21st Century Community Learning 
     Centers, if authorized; $4,463,000 shall be for civic 
     education activities; $14,480,000 shall be for the National 
     Diffusion Network; $36,356,000 shall be for Eisenhower 
     professional development Federal activities, including not 
     less than $5,472,000 for the National Clearinghouse for 
     Science and Mathematics and $15,000,000 for regional 
     consortia; $2,250,000 shall be a mathematics 
     telecommunications demonstration, if authorized; $40,000,000 
     shall be for education technology activities, if authorized; 
     and $7,000,000 shall be for Ready to Learn television, 
     including funds to be awarded to the Corporation for Public 
     Broadcasting in such amounts as the Secretary determines 
     appropriate''.
       Resolved, That the House recede from its disagreement to 
     the amendment of the Senate numbered 139 to the aforesaid 
     bill, and concur therein with an amendment as follows:
       In lieu of the matter stricken and inserted by said 
     amendment, insert: ``title II of the Higher Education Act, 
     $144,161,000, 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 $6,500,000 shall 
     be for section 223 of the Higher Education Act, of which 
     $5,000,000 shall be for additional awards for demonstration 
     of on-line access to statewide, multitype library 
     bibliographic data bases using fiber optic networks and 
     $1,500,000 shall be for a demonstration project making 
     Federal information and other data bases available for public 
     use by connecting a multistate consortium of public and 
     private colleges and universities to a public library and an 
     historic library''.
       Resolved, That the House recede from its disagreement to 
     the amendment of the Senate numbered 144 to the aforesaid 
     bill, and concur therein with an amendment as follows:
       In lieu of the matter stricken and inserted by said 
     amendment, insert:


                         (including rescission)

       Of the funds made available under this heading in Public 
     Law 102-394, $7,000,000 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, $315,000,000: 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.
       Resolved, That the House recede from its disagreement to 
     the amendment of the Senate numbered 153 to the aforesaid 
     bill, and concur therein with an amendment as follows:
       In lieu of the matter stricken and inserted by said 
     amendment, insert:
       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 induce undocumented immigrants to apply for 
     Federal benefits for which such officials know or should know 
     such undocumented immigrants are not eligible. In no case, 
     however, shall Federal, State, or local officials be 
     penalized for efforts to ensure that eligible persons are not 
     excluded from participation in, denied the benefits of, or 
     subjected to discrimination by any program receiving funds 
     under this Act, on the grounds of race, color, or national 
     origin-based traits, including language. 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 Service 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 during fiscal year 1995 and thereafter 
     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: Provided, That of the budgetary 
     resources available to Agencies in this Act for salaries and 
     expenses during fiscal year 1995, $30,500,000, to be 
     allocated by the Office of Management and Budget, are 
     permanently canceled. Provided further, That the foregoing 
     proviso shall not apply to the Food and Drug Administration 
     and the Indian Health Service.
       Sec. 514. Chapter 51 of title 18, United States Code, is 
     amended by adding at the end thereof the following new 
     section:

     Sec. 1118. Protection against the Human Immunodeficiency 
       Virus

       ``(a) In General.--Whoever, after testing positive for the 
     Human Immunodeficiency Virus (HIV) and receiving actual 
     notice of that fact, knowingly donates or sells, or knowingly 
     attempts to donate or sell, blood, semen, tissues, organs, or 
     other bodily fluids for us by an other, except as determined 
     necessary for medical research or testing, shall be fined or 
     imprisoned in accordance with subsection (c).
       ``(b) Transmission Not Required.--Transmission of the Human 
     Immunodefiency Virus does not have to occur for a person to 
     be convicted of a violation of this section.
       ``(c) Penalty.--Any person convicted of violating the 
     provisions of subsection (a) shall be subject to a fine of 
     not less than $10,000 nor more than $20,000, imprisoned for 
     not less than 1 year nor more than 10 years, or both.''
       Resolved, That the House recede from its disagreement to 
     the amendment of the Senate numbered 154 to the aforesaid 
     bill, and concur therein with an amendment as follows:
       In lieu of the matter inserted by said amendment, insert:
       Sec. 515. Notwithstanding any other provision of law, (1) 
     no amount may be transferred from an appropriation account 
     for the Departments of Labor, Health and Human Services, and 
     Education except as authorized in this or any subsequent 
     appropriation act, or in the Act establishing the program or 
     activity for which funds are contained in this Act;
       (2) no department, agency, or other entity other than the 
     one responsible for administering the program or activity for 
     which an appropriation is made in this Act, may exercise 
     authority for the timing of the obligation and expenditure of 
     such appropriation, or for the purposes for which it is 
     obligated and expended, except to the extent and in the 
     manner otherwise provided in sections 1512 and 1513 of title 
     31, United States Code; and
       (3) no funds provided under this or any subsequent 
     appropriation act shall be available for the salary (or any 
     part thereof) of an employee who is reassigned on a temporary 
     detail basis to another position in the employing agency or 
     department or in any other agency or department, unless the 
     detail is independently approved by the head of the employing 
     department or agency.
       And on page 55 of the House engrossed bill, H.R. 4606, 
     after line 3, insert:
       Sec. 305. None of the funds appropriated under this Act may 
     be used to publish, release, report or finalize the 
     designation of institutions to be reviewed under subpart 1 of 
     part H of title IV of the Higher Education Act of 1965, as 
     amended, until the State postsecondary review entity 
     responsible for evaluating those institutions has received 
     the Secretary's approval for its institutional review 
     standards.
       And on page 58, line 19 of the House engrossed bill, H.R. 
     4606, strike ``$8,119,000'' and insert in lieu thereof 
     ``$8,519,000''.
       And on page 43 of the House engrossed bill, H.R 4606, after 
     line 14, insert:
       Sec. 210. Of the funds made available under this title, 
     under the heading Low Income Home Energy Assistance, for 
     fiscal year 1996, the Secretary shall receive assurances from 
     States that funds will assist low-income households with 
     their home energy needs, particularly those with the lowest 
     incomes that pay a high proportion of household income for 
     home energy.
       Resolved, That the House recede from its disagreement to 
     the amendment of the Senate numbered 155 to the aforesaid 
     bill, and concur therein with an amendment as follows:
       In lieu of the matter inserted by said amendment, insert: 
     ``TITLE VI--EMERGENCY APPROPRIATIONS''.
       Resolved, That the House recede from its disagreement to 
     the amendment of the Senate numbered 156 to the aforesaid 
     bill, and concur therein with an amendment as follows:
       In lieu of the matter inserted by said amendment, insert:

                DEPARTMENT OF HEALTH AND HUMAN SERVICES


            Public Health and Social Services Emergency Fund

       For the Public Health and Social Services Emergency Fund to 
     be used to assist States and local communities in recovering 
     from the flooding caused by tropical storm Alberto and other 
     emergencies, $35,000,000 to remain available until expended: 
     Provided, That the entire amount is designated by the 
     Congress as an emergency requirement pursuant to section 
     251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended: Provided further, That the 
     entire amount shall be available only to the extent an 
     official budget request, for a specific dollar amount, 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 as amended, is 
     transmitted by the President to the Congress.
       Resolved, That the House recede from its disagreement to 
     the amendment of the Senate numbered 157 to the aforesaid 
     bill, and concur therein with an amendment as follows:
       In lieu of the matter inserted by said amendment, insert:

                  TITLE VII--CRIME REDUCTION PROGRAMS

                DEPARTMENT OF HEALTH AND HUMAN SERVICES


                Administration for Children and Families

                Children and Families Services Programs

       In addition to amounts otherwise appropriated in this Act, 
     $26,900,000, to be derived from the Violent Crime Reduction 
     Trust Fund, including $1,000,000 for a domestic violence 
     hotline as authorized by the Safe Homes for Women Act of 1994 
     and $25,900,000 for carrying out the Community Schools Youth 
     Services and Supervision Grant Program Act of 1994.

                        DEPARTMENT OF EDUCATION


                      school improvement programs

       In addition to amounts otherwise appropriated in this Act, 
     $11,100,000, to be derived from the Violent Crime Reduction 
     Trust Fund, for carrying out the Family and Community 
     Endeavor Schools Act.

                          ____________________