[Congressional Record Volume 143, Number 155 (Friday, November 7, 1997)]
[House]
[Pages H10210-H10304]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




CONFERENCE REPORT ON H.R. 2264, DEPARTMENTS OF LABOR, HEALTH AND HUMAN 
 SERVICES, AND EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 1998

  Mr. LIVINGSTON submitted the following conference report and 
statement on the bill (H.R. 2264) making appropriations for the 
Departments of Labor, Health and Human Services, and Education, and 
related agencies for the fiscal year ending September 30, 1998, and for 
other purposes:

                  Conference Report (H. Rept. 105-390)

       The committee of conference on the disagreeing votes of the 
     two Houses on the amendment

[[Page H10211]]

     of the Senate to the bill (H.R. 2264) ``making appropriations 
     for the Departments of Labor, Health and Human Services, and 
     Education, and related agencies for the fiscal year ending 
     September 30, 1998, and for other purposes'', having met, 
     after full and free conference, have agreed to recommend and 
     do recommend to their respective Houses as follows:
       That the House recede from its disagreement to the 
     amendment of the Senate, and agree to the same with an 
     amendment, as follows:
       In lieu of the matter stricken and inserted by said 
     amendment, insert:
       That the following sums are appropriated, out of any money 
     in the Treasury not otherwise appropriated, for the 
     Departments of Labor, Health and Human Services, and 
     Education, and related agencies for the fiscal year ending 
     September 30, 1998, and for other purposes, namely:

                      TITLE I--DEPARTMENT OF LABOR

                 Employment and Training Administration


                    training and employment services

       For necessary expenses of the Job Training Partnership Act, 
     as amended, including the purchase and hire of passenger 
     motor vehicles, the construction, alteration, and repair of 
     buildings and other facilities, and the purchase of real 
     property for training centers as authorized by the Job 
     Training Partnership Act; the Stewart B. McKinney Homeless 
     Assistance Act; the Women in Apprenticeship and 
     Nontraditional Occupations Act; the National Skill Standards 
     Act of 1994; and the School-to-Work Opportunities Act; 
     $4,988,226,000 plus reimbursements, of which $3,794,735,000 
     is available for obligation for the period July 1, 1998 
     through June 30, 1999; of which $118,491,000 is available for 
     the period July 1, 1998 through June 30, 2001 for necessary 
     expenses of construction, rehabilitation, and acquisition of 
     Job Corps centers; and of which $200,000,000 shall be 
     available from July 1, 1998 through September 30, 1999, for 
     carrying out activities of the School-to-Work Opportunities 
     Act: Provided, That $53,815,000 shall be for carrying out 
     section 401 of the Job Training Partnership Act, $71,017,000 
     shall be for carrying out section 402 of such Act, $7,300,000 
     shall be for carrying out section 441 of such Act, $9,000,000 
     shall be for all activities conducted by and through the 
     National Occupational Information Coordinating Committee 
     under such Act, $955,000,000 shall be for carrying out 
     title II, part A of such Act, and $129,965,000 shall be 
     for carrying out title II, part C of such Act: Provided 
     further, That the National Occupational Information 
     Coordinating Committee is authorized, effective upon 
     enactment, to charge fees for publications, training and 
     technical assistance developed by the National 
     Occupational Information Coordinating Committee: Provided 
     further, That revenues received from publications and 
     delivery of technical assistance and training, 
     notwithstanding 31 U.S.C. 3302, shall be credited to the 
     National Occupational Information Coordinating Committee 
     program account and shall be available to the National 
     Occupational Information Coordinating Committee without 
     further appropriations, so long as such revenues are used 
     for authorized activities of the National Occupational 
     Information Coordinating Committee: Provided further, That 
     no funds from any other appropriation shall be used to 
     provide meal services at or for Job Corps centers; 
     Provided further, That funds provided for title III of the 
     Job Training Partnership Act shall not be subject to the 
     limitation contained in subsection (b) of section 315 of 
     such Act; that the waiver described in section 315(a)(2) 
     may be granted if a substate grantee demonstrates to the 
     Governor that such waiver is appropriate due to the 
     availability of low-cost retraining services, is necessary 
     to facilitate the provision of needs-related payments to 
     accompany long-term training, or is necessary to 
     facilitate the provision of appropriate basic readjustment 
     services, and that funds provided for discretionary grants 
     under part B of such title III may be used to provide 
     needs-related payments to participants who, in lieu of 
     meeting the enrollment requirements under section 314(e) 
     of such Act, are enrolled in training by the end of the 
     sixth week after grant funds have been awarded: Provided 
     further, That funds provided to carry out section 324 of 
     such Act may be used for demonstration projects that 
     provide assistance to new entrants in the workforce and 
     incumbent workers: Provided further, That service delivery 
     areas may transfer funding provided herein under authority 
     of title II, parts B and C of the Job Training Partnership 
     Act between the programs authorized by those titles of the 
     Act, if the transfer is approved by the Governor: Provided 
     further, That service delivery areas and substate areas 
     may transfer up to 20 percent of the funding provided 
     herein under authority of title II, part A and title III 
     of the Job Training Partnership Act between the programs 
     authorized by those titles of the Act, if such transfer is 
     approved by the Governor: Provided further, That 
     notwithstanding any other provision of law, any proceeds 
     from the sale of Job Corps center facilities shall be 
     retained by the Secretary of Labor to carry out the Job 
     Corps program: Provided further, That notwithstanding any 
     other provision of law, the Secretary of Labor may waive 
     any of the statutory or regulatory requirements of titles 
     I-III of the Job Training Partnership Act (except for 
     requirements relating to wage and labor standards, workers 
     rights, participation and protection, grievance procedures 
     and judicial review, nondiscrimination, allocation of 
     funds to local areas, eligibility, review and approval of 
     plans, the establishment and functions of service delivery 
     areas and private industry councils, and the basic 
     purposes of the Act), and any of the statutory or 
     regulatory requirements of sections 8-10 of the Wagner-
     Peyser Act (except for requirements relating to the 
     provision of services to unemployment insurance claimants 
     and veterans, and to universal access to basic labor 
     exchange services without cost to job seekers), only for 
     funds available for expenditure in program year 1998, 
     pursuant to a request submitted by a State which 
     identifies the statutory or regulatory requirements that 
     are requested to be waived and the goals which the State 
     or local service delivery areas intend to achieve, 
     describes the actions that the State or local service 
     delivery areas have undertaken to remove State or local 
     statutory or regulatory barriers, describes the goals of 
     the waiver and the expected programmatic outcomes if the 
     request is granted, describes the individuals impacted by 
     the waiver, and describes the process used to monitor the 
     progress in implementing a waivers, and for which notice 
     and an opportunity to comment on such request has been 
     provided to the organizations identified in section 
     105(a)(1) of the Job Training Partnership Act, if and only 
     to the extent that the Secretary determines that such 
     requirements impeded the ability of the State to implement 
     a plan to improve the workforce development system and the 
     State has executed a Memorandum of Understanding with the 
     Secretary requiring such State to meet agreed upon 
     outcomes and implement other appropriate measures to 
     ensure accountability: Provided further, That the 
     Secretary of Labor shall establish a workforce flexibility 
     (work-flex) partnership demonstration program under which 
     the Secretary shall authorize not more than six States, of 
     which at least three States shall each have populations 
     not in excess of 3,500,000, with a preference given to 
     those States that have been designated Ed-Flex Partnership 
     States under section 311(e) of Public Law 103-227, to 
     waive any statutory or regulatory requirement applicable 
     to service delivery areas or substate areas within the 
     State under titles I-III of the Job Training Partnership 
     Act (except for requirements relating to wage and labor 
     standards, grievance procedures and judicial review, 
     nondiscrimination, allotment of funds, and eligibility), 
     and any of the statutory or regulatory requirements of 
     sections 8-10 of the Wagner-Peyser Act (except for 
     requirements relating to the provision of services to 
     unemployment insurance claimants and veterans, and to 
     universal access to basic labor exchange services without 
     cost to job seekers), for a duration not to exceed the 
     waiver period authorized under section 311(e) of Public 
     Law 103-227, pursuant to a plan submitted by such States 
     and approved by the Secretary for the provision of 
     workforce employment and training activities in the 
     States, which includes a description of the process by 
     which service delivery areas and substate areas may apply 
     for and have waivers approved by the State, the 
     requirements of the Wagner-Peyser Act to be waived, the 
     outcomes to be achieved and other measures to be taken to 
     ensure appropriate accountability for Federal funds.
       For necessary expenses of Opportunity Areas of Out-of-
     School Youth, in addition to amounts otherwise provided 
     herein, $250,000,000, to be available for obligation for the 
     period October 1, 1998 through September 30, 1999, if job 
     training reform legislation authorizing this or similar at-
     risk youth projects is enacted by July 1, 1998.


            community service employment for older americans

                          (transfer of funds)

       To carry out the activities for national grants or 
     contracts with public agencies and public or private 
     nonprofit organizations under paragraph (1)(A) of section 
     506(a) of title V of the Older Americans Act of 1965, as 
     amended, or to carry out older worker activities as 
     subsequently authorized, $343,356,000.
       To carry out the activities for grants to States under 
     paragraph (3) of section 506(a) of title V of the Older 
     Americans Act of 1965, as amended, or to carry out older 
     worker activities as subsequently authorized, $96,844,000.
       The funds appropriated under this heading shall be 
     transferred to and merged with the Department of Health and 
     Human Services, ``Aging Services Programs'', for the same 
     purposes and the same period as the account to which 
     transferred, following the enactment of legislation 
     authorizing the administration of the program by that 
     Department.


              federal unemployment benefits and allowances

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


     state unemployment insurance and employment service operations

       For authorized administrative expenses, $173,452,000, 
     together with not to exceed $3,322,476,000 (including not to 
     exceed $1,228,000 which may be used for amortization payments 
     to States which had independent retirement plans in their 
     State employment service agencies prior to 1980, and 
     including not to exceed $2,000,000 which may be obligated in 
     contracts with non-State entities for activities such as 
     occupational and test research activities which benefit the 
     Federal-State Employment Service System), which may be 
     expended from the Employment Security Administration account 
     in the Unemployment Trust Fund including the cost of 
     administering section 1201 of the Small Business Job 
     Protection Act of 1996, section 7(d) of the Wagner-Peyser 
     Act, as amended, the Trade Act of 1974, as amended, the 
     Immigration Act of 1990, and the Immigration and Nationality 
     Act, as amended, and of which the sums available in the 
     allocation for activities authorized by title III of the 
     Social Security Act, as amended (42 U.S.C. 502-504), and the 
     sums available in the allocation for necessary administrative 
     expenses

[[Page H10212]]

     for carrying out 5 U.S.C. 8501-8523, shall be available for 
     obligation by the States through December 31, 1998, except 
     that funds used for automation acquisitions shall be 
     available for obligation by States through September 30, 
     2000; and of which $40,000,000 of the amount which may be 
     expended from said trust fund, shall be available for 
     obligation for the period October 1, 1998 through September 
     30, 1999, for the purpose of assisting States to convert 
     their automated State employment security agency systems to 
     be year 2000 compliant; and of which $173,452,000, together 
     with not to exceed $738,283,000 of the amount which may be 
     expended from said trust fund, shall be available for 
     obligation for the period July 1, 1998 through June 30, 1999, 
     to fund activities under the Act of June 6, 1933, as amended, 
     including the cost of penalty mail authorized under 39 U.S.C. 
     3202(a)(1)(E) made available to States in lieu of allotments 
     for such purpose, and of which $200,000,000 shall be 
     available solely for the purpose of assisting States to 
     convert their automated State employment security agency 
     systems to be year 2000 complaint, and of which $196,333,000 
     shall be available only to the extent necessary for 
     additional State allocations to administer unemployment 
     compensation laws to finance increases in the number of 
     unemployment insurance claims filed and claims paid or 
     changes in a State law: Provided, that to the extent that 
     the Average Weekly Insured Unemployment (AWIU) for fiscal 
     year 1998 is projected by the Department of Labor to 
     exceed 2,789,000 an additional $28,600,000 shall be 
     available for obligation for every 100,000 increase in the 
     AWIU level (including a pro rata amount for any increment 
     less than 100,000) from the Employment Security 
     Administration Account of the Unemployment Trust Fund: 
     Provided further, That funds appropriated in this Act 
     which are used to establish a national one-stop career 
     center network may be obligated in contracts, grants or 
     agreements with non-State entities: Provided further, That 
     funds appropriated under this Act for activities 
     authorized under the Wagner-Peyser Act, as amended, and 
     title III of the Social Security Act, may be used by the 
     States to fund integrated Employment Service and 
     Unemployment Insurance automation efforts, notwithstanding 
     cost allocation principles prescribed under Office of 
     Management and Budget Circular A-87.


        advances to the unemployment trust fund and other funds

       For repayable advances to the Unemployment Trust Fund as 
     authorized by sections 905(d) and 1203 of the Social Security 
     Act, as amended, and to the Black Lung Disability Trust Fund 
     as authorized by section 9501(c)(1) of the Internal Revenue 
     Code of 1954, as amended; and for nonrepayable advances to 
     the Unemployment Trust Fund as authorized by section 8509 of 
     title 5, United States Code, section 104(d) of Public Law 
     102-164, and section 5 of Public Law 103-6, and to the 
     ``Federal unemployment benefits and allowances'' account, to 
     remain available until September 30, 1999, $392,000,000.
       In addition, for making repayable advances to the Black 
     Lung Disability Trust Fund in the current fiscal year after 
     September 15, 1998, for costs incurred by the Black Lung 
     Disability Trust Fund in the current fiscal year, such sums 
     as may be necessary.


                         program administration

       For expenses of administering employment and training 
     programs, $90,308,000, including $6,000,000 to support up to 
     75 full-time equivalent staff, the majority of which will be 
     term Federal appointments lasting no more than three years, 
     to administer welfare-to-work grants, together with not to 
     exceed $41,285,000, which may be expended from the Employment 
     Security Administration account in the Unemployment Trust 
     Fund.

              Pension and Welfare Benefits Administration


                         salaries and expenses

       For necessary expenses for the Pension and Welfare Benefits 
     Administration, $82,000,000, of which $3,000,000 shall remain 
     available through September 30, 1999 for expenses of 
     completing the revision of the processing of employee 
     benefit plan returns.

                  Pension Benefit Guaranty Corporation


               pension benefit guaranty corporation fund

       The Pension Benefit Guaranty Corporation is authorized to 
     make such expenditures, including financial assistance 
     authorized by section 104 of Public Law 96-364, within limits 
     of funds and borrowing authority available to such 
     Corporation, and in accord with law, and to make such 
     contracts and commitments without regard to fiscal year 
     limitations as provided by section 104 of the Government 
     Corporation Control Act, as amended (31 U.S.C. 9104), as may 
     be necessary in carrying out the program through September 
     30, 1998, for such Corporation: Provided, That not to exceed 
     $10,433,000 shall be available for administrative expenses of 
     the Corporation: Provided further, That expenses of such 
     Corporation in connection with the termination of pension 
     plans, for the acquisition, protection or management, and 
     investment of trust assets, and for benefits administration 
     services shall be considered as non-administrative expenses 
     for the purposes hereof, and excluded from the above 
     limitation.

                  Employment Standards Administration


                         salaries and expenses

       For necessary expenses for the Employment Standards 
     Administration, including reimbursement to State, Federal, 
     and local agencies and their employees for inspection 
     services rendered, $299,660,000, together with $993,000 which 
     may be expended from the Special Fund in accordance with 
     sections 39(c) and 44(j) of the Longshore and Harbor Workers' 
     Compensation Act: Provided, That $500,000 shall be for the 
     development of an alternative system for the electronic 
     submission of reports as required to be filed under the 
     Labor-Management Reporting and Disclosure Act of 1959, as 
     amended, and for a computer database of the information for 
     each submission by whatever means, that is indexed and easily 
     searchable by the public via the Internet: Provided further, 
     That the Secretary of labor is authorized to accept, retain, 
     and spend, until expended, in the name of the Department of 
     Labor, all sums of money ordered to be paid to the Secretary 
     of Labor, in accordance with the terms of the Consent 
     Judgment in Civil Action No. 91-0027 of the United States 
     District Court for the District of the Northern Mariana 
     Islands (Many 21, 1992): Provided further, That the Secretary 
     of Labor is authorized to establish and, in accordance with 
     31 U.S.C. 3302, collect and deposit in the Treasury fees for 
     processing applications and issuing certificates under 
     sections 11(d) and 14 of the Fair Labor Standards Act of 
     1938, as amended (29 U.S.C. 211(d) and 214) and for 
     processing applications and issuing registrations under 
     title I of the Migrant and Seasonal Agricultural Worker 
     Protection Act, 29 U.S.C. 1801 et seq.


                            special benefits

                     (including transfer of funds)

       For the payment of compensation, benefits, and expenses 
     (except administrative expenses) accruing during the current 
     or any prior fiscal year authorized by title 5, chapter 81 of 
     the United States Code; continuation of benefits as provided 
     for under the head ``Civilian War Benefits'' in the Federal 
     Security Agency Appropriation Act, 1947; the Employees' 
     Compensation Commission Appropriation Act, 1944; and sections 
     4(c) and 5(f) of the War Claims Act of 1948 (50 U.S.C. App. 
     2012); and 50 per centum of the additional compensation and 
     benefits required by section 10(h) of the Longshore and 
     Harbor Workers' Compensation Act, as amended, $201,000,000 
     together with such amounts as may be necessary to be charged 
     to the subsequent year appropriation for the payment of 
     compensation and other benefits for any period subsequent to 
     August 15 of the current year: Provided, That amounts 
     appropriated may be used under section 8104 of title 5, 
     United States Code, by the Secretary to reimburse an 
     employer, who is not the employer at the time of injury, for 
     portions of the salary of a reemployed, disabled beneficiary: 
     Provided further, That balances of reimbursements unobligated 
     on September 30, 1997, shall remain available until expended 
     for the payment of compensation, benefits, and expenses: 
     Provided further, That in addition there shall be transferred 
     to this appropriation from the Postal Service and from any 
     other corporation or instrumentality required under section 
     8147(c) of title 5, United States Code, to pay an amount for 
     its fair share of the cost of administration, such sums as 
     the Secretary of Labor determines to be the cost of 
     administration for employees of such fair share entities 
     through September 30, 1998: Provided further, That of those 
     funds transferred to this account from the fair share 
     entities to pay the cost of administration, $7,269,000 shall 
     be made available to the Secretary of Labor for expenditures 
     relating to capital improvements in support of Federal 
     Employees' Compensation Act administration, and the balance 
     of such funds shall be paid into the Treasury as 
     miscellaneous receipts: Provided further, That the Secretary 
     may require that any person filing a notice of injury or a 
     claim for benefits under chapter 81 of title 5, United States 
     Code, or 33 U.S.C. 901 et seq., provide as part of such 
     notice and claim, such identifying information (including 
     Social Security account number) as such regulations may 
     prescribe.


                    black lung disability trust fund

                     (including transfer of funds)

       For payments from the Black Lung Disability Trust Fund, 
     $1,007,000,000, of which $960,650,000 shall be available 
     until September 30, 1999, for payment of all benefits as 
     authorized by section 8501(d)(1) (2), (4), and (7) of the 
     Internal Revenue Code of 1954, as amended, and interest on 
     advances as authorized by section 9501(c)(2) of that Act, and 
     of which $26,147,000 shall be available for transfer to 
     Employment Standards Administration, Salaries and Expenses, 
     $19,551,000 for transfer to Departmental Management, Salaries 
     and Expenses, $296,000 for transfer to Departmental 
     Management, Office of Inspector General, and $356,000 for 
     payment into miscellaneous receipts for the expenses of the 
     Department of Treasury, for expenses of operation and 
     administration of the Black Lung Benefits program as 
     authorized by section 9501(d)(5) of that Act: Provided, That, 
     in addition, such amounts as may be necessary may be charged 
     to the subsequent year appropriation for the payment of 
     compensation, interest, or other benefits for any period 
     subsequent to August 15 of the current year.

             Occupational Safety and Health Administration


                         salaries and expenses

       For necessary expenses for the Occupational Safety and 
     Health Administration, $336,480,000, including not to exceed 
     $77,941,000 which shall be the maximum amount available for 
     grants to States under section 23(g) of the Occupational 
     Safety and Health Act, which grants shall be no less than 
     fifty percent of the costs of State occupational safety and 
     health programs required to be incurred under plans approved 
     by the Secretary under section 18 of the Occupational Safety 
     and Health Act of 1970; and, in addition, notwithstanding 31 
     U.S.C. 3302, the Occupational Safety and Health 
     Administration may retain up to $750,000 per fiscal year of 
     training institute course tuition fees, otherwise authorized 
     by law to be collected, and may utilize such sums for 
     occupational safety and health training and education grants: 
     Provided, That, notwithstanding 31 U.S.C. 3302, the Secretary 
     of

[[Page H10213]]

     Labor is authorized, during the fiscal year ending September 
     30, 1998, to collect and retain fees for services provided to 
     Nationally Recognized Testing Laboratories, and may utilize 
     such sums, in accordance with the provisions of 29 U.S.C. 9a, 
     to administer national and international laboratory 
     recognition programs that ensure the safety of equipment and 
     products used by workers in the workplace: Provided further, 
     That none of the funds appropriated under this paragraph 
     shall be obligated or expended to prescribe, issue, 
     administer, or enforce any standard, rule, regulation, or 
     order under the Occupational Safety and Health Act of 1970 
     which is applicable to any person who is engaged in a farming 
     operation which does not maintain a temporary labor camp and 
     employs ten or fewer employees: Provided further, That no 
     funds appropriated under this paragraph shall be obligated or 
     expended to administer or enforce any standard, rule, 
     regulation, or order under the Occupational Safety and Health 
     Act of 1970 with respect to any employer of ten or fewer 
     employees who is included within a category having an 
     occupational injury lost workday case rate, at the most 
     precise Standard Industrial Classification Code for which 
     such data are published, less than the national average rate 
     as such rates are most recently published by the Secretary, 
     acting through the Bureau of Labor Statistics, in accordance 
     with section 24 of that Act (29 U.S.C. 673), except--
       (1) to provide, as authorized by such Act, consultation, 
     technical assistance, educational and training services, and 
     to conduct surveys and studies;
       (2) to conduct an inspection or investigation in response 
     to an employee complaint, to issue a citation for violations 
     found during such inspection, and to assess a penalty for 
     violations which are not corrected within a reasonable 
     abatement period and for any willful violations found;
       (3) to take any action authorized by such Act with respect 
     to imminent dangers;
       (4) to take any action authorized by such Act with respect 
     to health hazards;
       (5) to take any action authorized by such Act with respect 
     to a report of an employment accident which is fatal to one 
     or more employees or which results in hospitalization of two 
     or more employees, and to take any action pursuant to such 
     investigation authorized by such Act; and
       (6) to take any action authorized by such Act with respect 
     to complaints of discrimination against employees for 
     exercising rights under such Act: Provided further, That the 
     foregoing proviso shall not apply to any person who is 
     engaged in a farming operation which does not maintain a 
     temporary labor camp and employs ten or fewer employees.

                 Mine Safety and Health Administration


                         salaries and expenses

       For necessary expenses for the Mine Safety and Health 
     Administration, $203,334,000, including purchase and bestowal 
     of certificates and trophies in connection with mine rescue 
     and first-aid work, and the hire of passenger motor vehicles; 
     the Secretary is authorized to accept lands, buildings, 
     equipment, and other contributions from public and private 
     sources and to prosecute projects in cooperation with other 
     agencies, Federal, State, or private; the Mine Safety and 
     Health Administration is authorized to promote health and 
     safety education and training in the mining community through 
     cooperative programs with States, industry, and safety 
     associations; and any funds available to the Department may 
     be used, with the approval of the Secretary, to provide for 
     the costs of mine rescue and survival operations in the event 
     of a major disaster: Provided, That none of the funds 
     appropriated under this paragraph shall be obligated or 
     expended to carry out section 115 of the Federal Mine Safety 
     and Health Act of 1977 or to carry out that portion of 
     section 104(g)(1) of such Act relating to the enforcement of 
     any training requirements, with respect to shell dredging, or 
     with respect to any sand, gravel, surface stone, surface 
     clay, colloidal phosphate, or surface limestone mine.

                       Bureau of Labor Statistics


                         salaries and expenses

       For necessary expenses for the Bureau of Labor Statistics, 
     including advances or reimbursements to State, Federal, and 
     local agencies and their employees for services rendered, 
     $327,609,000, of which $15,430,000 shall be for expenses 
     of revising the Consumer Price Index and shall remain 
     available until September 30, 1999, together with not to 
     exceed $52,848,000, which may be expended from the 
     Employment Security Administration account in the 
     Unemployment Trust Fund.

                        Departmental Management


                         salaries and expenses

       For necessary expenses for Departmental Management, 
     including the hire of three sedans, and including up to 
     $4,421,000 for the President's Committee on Employment of 
     People With Disabilities, $152,253,000; together with not to 
     exceed $282,000, which may be expended from the Employment 
     Security Administration account in the Unemployment Trust 
     Fund: Provided, That no funds made available by this Act may 
     be used by the Solicitor of Labor to participate in a review 
     in any United States court of appeals of any decision made by 
     the Benefits Review Board under section 21 of the Longshore 
     and Harbor Workers' Compensation Act (33 U.S.C. 921) where 
     such participation is precluded by the decision of the United 
     States Supreme Court in Director, Office of Workers' 
     Compensation Programs v. Newport News Shipbuilding, 115 S. 
     Ct. 1278 (1995): Provided Further, That no funds made 
     available by this Act may be used by the Secretary of Labor 
     to review a decision under the Longshore and Harbor Workers' 
     Compensation Act (33 U.S.C. 901 et seq.) that has been 
     appealed and that has been pending before the Benefits Review 
     Board for more than 12 months: Provided further, That any 
     such decision pending a review by the Benefits Review Board 
     for more than one year shall be considered affirmed by the 
     Benefits Review Board on that date, and shall be considered 
     the final order of the Board for purposes of obtaining a 
     review in the United States courts of appeals: Provided 
     Further, That these provisions shall not be applicable to the 
     review of any decision issued under the Black Lung Benefits 
     Act (30 U.S.C. 901 et seq.)


                          working capital fund

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


        assistant secretary for veterans employment and training

       Not to exceed $181,955,000 may be derived from the 
     Employment Security Administration account in the 
     Unemployment Trust Fund to carry out the provisions of 38 
     U.S.C. 4100-4110A and 4321-4327, and Public Law 103-353, and 
     which shall be available for obligation by the States through 
     December 31, 1998.


                      office of inspector general

       For salaries and expenses of the Office of Inspector 
     General in carrying out the provisions of the Inspector 
     General Act of 1978, as amended, $42,605,000, together with 
     not to exceed $3,645,000, which may be expended from the 
     Employment Security Administration account in the 
     Unemployment Trust Fund.

                           GENERAL PROVISIONS

       Sec. 101. None of the funds appropriated in this title for 
     the Job Corps shall be used to pay the compensation of an 
     individual, either as direct costs or any proration as an 
     indirect cost, at a rate in excess of $125,000.


                          (transfer of funds)

       Sec. 102. Not to exceed 1 percent of any discretionary 
     funds (pursuant to the Balanced Budget and Emergency Deficit 
     Control Act, as amended) which are appropriated for the 
     current fiscal year for the Department of Labor in this Act 
     may be transferred between appropriations, but no such 
     appropriation shall be increased by more than 3 percent by 
     any such transfer: Provided, That the Appropriations 
     committees of both Houses of Congress are notified at least 
     fifteen days in advance of any transfer.
       Sec. 103. Funds shall be available for carrying out title 
     IV-B of the Job Training Partnership Act, notwithstanding 
     section 427(c) of that Act, if a Job Corps center fails to 
     meet national performance standards established by the 
     Secretary.
       Sec. 104. None of the funds made available in this Act may 
     be used by the Occupational Safety and Health Administration 
     to promulgate or issue any proposed or final standard 
     regarding ergonomic protection before September 30, 1998: 
     Provided, That nothing in this section shall be construed to 
     limit the Occupational Safety and Health Administration from 
     issuing voluntary guidelines on ergonomic protection or from 
     developing a proposed standard regarding ergonomic 
     protection: Provided further, That no funds made available in 
     this Act may be used by the Occupational Safety and Health 
     Administration to enforce voluntary ergonomics guidelines 
     through section 5 (the general duty clause) of the 
     Occupational Safety and Health Act of 1970 (29 U.S.C. 
     654).
       Sec. 105. Section 13(b)(12) of the Fair Labor Standards Act 
     of 1938 (29 U.S.C. 213(b)(12)) is amended by striking ``water 
     for agricultural purposes'' and inserting in lieu thereof 
     ``water, at least 90 percent of which was ultimately 
     delivered for agricultural purposes during the preceding 
     calendar year''.
       This title may be cited as the ``Department of Labor 
     Appropriations Act, 1998''.

           TITLE II--DEPARTMENT OF HEALTH AND HUMAN SERVICES

              Health Resources and Services Administration


                     health resources and services

       For carrying out titles II, III, VII, VIII, X, XII, XIX, 
     and XXVI of the Public Health Service Act, section 427(a) of 
     the Federal Coal Mine Health and Safety Act, title V of the 
     Social Security Act, the Health Care Quality Improvement Act 
     of 1986, as amended, and the Native Hawaiian Health Care Act 
     of 1988, as amended, $3,618,137,000, of which $225,000 shall 
     remain available until expended for interest subsidies on 
     loan guarantees made prior to fiscal year 1981 under part B 
     of title VII of the Public Health Service Act and of which 
     $28,000,000 shall be available for the construction and 
     renovation of health care and other facilities: Provided, 
     That the Division of Federal Occupational Health may utilize 
     personal services contracting to employ professional 
     management/administrative and occupational health 
     professionals: Provided further, That of the funds made 
     available under this heading, $2,500,000 shall be available 
     until expended for facilities renovations at the Gillis W. 
     Long Hansen's Disease Center: Provided further, That in 
     addition to fees authorized by section 427(b) of the Health 
     Care Quality Improvement Act of 1986, fees shall be collected 
     for the full disclosure of information under the Act 
     sufficient to recover the full costs of operating the 
     National Practitioner Data Bank, and shall remain available

[[Page H10214]]

     until expended to carry out that Act: Provided further, That 
     no more than $5,000,000 is available for carrying out the 
     provisions of Public Law 104-73: Provided further, That of 
     the funds made available under this heading, $203,452,000 
     shall be for the program under title X of the Public Health 
     Service Act to provide for voluntary family planning 
     projects: Provided further, That amounts provided to said 
     projects under such title shall not be expended for 
     abortions, that all pregnancy counseling shall be 
     nondirective, and that such amounts shall not be expended for 
     any activity (including the publication or distribution of 
     literature) that in any way tends to promote public support 
     or opposition to any legislative proposal or candidate for 
     public office: Provided further, That $285,500,000 shall 
     be for State AIDS Drug Assistance Programs authorized by 
     section 2616 of the Public Health Service Act: Provided 
     further, That notwithstanding any other provision of law, 
     funds made available under this heading may be used to 
     continue operating the Council on Graduate Medical 
     Education established by section 301 of Public Law 102-
     408: Provided further, That, of the funds made available 
     under this heading, not more than $6,000,000 shall be made 
     available and shall remain available until expended for 
     loan guarantees for loans funded under part A of title XVI 
     of the Public Health Service Act as amended, made by non-
     Federal lenders for the construction, renovation, and 
     modernization of medical facilities that are owned and 
     operated by health centers, and for loans made to health 
     centers under section 330(d) of the Public Health Service 
     Act as amended by Public Law 104-299, and that such funds 
     be available to subsidize guarantees of total loan 
     principal in an amount not to exceed $80,000,000: Provided 
     further, That notwithstanding section 502(a)(1) of the 
     Social Security Act, not to exceed $103,863,000 is 
     available for carrying out special projects of regional 
     and national significance pursuant to section 501(a)(2) of 
     such Act.


               medical facilities guarantee and loan fund

           federal interest subsidies for medical facilities

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


               health education assistance loans program

                     (including transfer of funds)

       For the cost of guaranteed loans, such sums as may be 
     necessary to carry out the purpose of the program, as 
     authorized by title VII of the Public Health Service Act, as 
     amended: Provided, That such costs, including the cost of 
     modifying such loans, shall be as defined in section 502 of 
     the Congressional Budget Act of 1974: Provided further, That 
     these funds are available to subsidize gross obligations for 
     the total loan principal any part of which is to be 
     guaranteed at not to exceed $85,000,000: Provided further, 
     That the Secretary may use up to $1,000,000 derived by 
     transfer from insurance premiums collected from guaranteed 
     loans made under title VII of the Public Health Service Act 
     for the purpose of carrying out section 709 of that Act. In 
     addition, for administrative expenses to carry out the 
     guaranteed loan program, $2,688,000.


             vaccine injury compensation program trust fund

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

               Centers for Disease Control and Prevention


                disease control, research, and training

       To carry out titles II, III, VII, XI, XV, XVII, and XIX of 
     the Public Health Service Act, sections 101, 102, 103, 201, 
     202, 203, 301, and 501 of the Federal Mine Safety and Health 
     Act of 1977, and sections 20, 21 and 22 of the Occupational 
     Safety and Health Act of 1970, title IV of the Immigration 
     and Nationality Act and section 501 of the Refugee Education 
     Assistance Act of 1980; including insurance of official motor 
     vehicles in foreign countries; and hire, maintenance, and 
     operation of aircraft, $2,327,552,000, of which $21,504,000 
     shall remain available until expended for equipment and 
     construction and renovation of facilities, and in addition, 
     such sums as may be derived from authorized user fees, which 
     shall be credited to this account: Provided, That in addition 
     to amounts provided herein, up to $59,232,000 shall be 
     available from amounts available under section 241 of the 
     Public Health Service Act, to carry out the National Center 
     for Health Statistics surveys: Provided further, That none of 
     the funds made available for injury prevention and control at 
     the Centers for Disease Control and Prevention may be used to 
     advocate or promote gun control: Provided further, That the 
     Director may redirect the total amount made available under 
     authority of Public Law 101-502, section 3, dated November 3, 
     1990, to activities the Director may so designate: Provided 
     further, That the Congress is to be notified promptly of any 
     such transfer.
       In addition, $51,000,000, to be derived from the Violent 
     Crime Reduction Trust Fund, for carrying out sections 40151 
     and 40261 of Public Law 103-322.

                     National Institutes of Health


                       national cancer institute

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to cancer, $2,547,314,000.


               national heart, lung, and blood institute

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to cardiovascular, lung, and 
     blood diseases, and blood and blood products, 
     $1,531,061,000.


                 national institute of dental research

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to dental disease, 
     $209,415,000.


    national institute of diabetes and digestive and kidney diseases

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to diabetes and digestive and 
     kidney disease, $873,860,000.


        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, $780,713,000.


         national institute of allergy and infectious diseases

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to allergy and infectious 
     diseases, $1,351,655,000.


             national institute of general medical sciences

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to general medical sciences, 
     $1,065,947,000.


        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, $674,766.000


                         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, $355,691,000.


          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, $330,108,000.


                      national institute on aging

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to aging, $519,279,000.


 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, $274,760,000.


    national institute on deafness and other communication disorders

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to deafness and other 
     communication disorders, $200,695,000.


                 national institute of nursing research

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to nursing research, 
     $63,597,000.


           national institute of 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, $227,175,000.


                    national institute of drug abuse

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to drug abuse, $527,175,000.


                  national institute on mental health

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to mental health, 
     $750,241,000.


                national human genome research institute

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to human genome research, 
     $217,704,000.


                 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, $453,883,000: Provided, That 
     none of these funds shall be used to pay recipients of the 
     general research support grants program any amount for 
     indirect expenses in connection with such grants: Provided 
     further, That $20,000,000 shall be for extramural facilities 
     construction grants.


                  john e. fogarty international center

       For carrying out the activities at the John E. Fogarty 
     International Center, $28,289,000.


                      national library of medicine

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to health information 
     communications, $161,185,000, of which $4,000,000 shall be 
     available until expended for improvement of information 
     systems: Provided, That in fiscal year 1998, the Library may 
     enter into personal services contracts for the provision of 
     services in facilities owned, operated, or constructed under 
     the jurisdiction of the National Institutes of Health.


                         office of the director

                     (including transfer of funds)

       For carrying out the responsibilities of the Office of the 
     Director, National Institutes of Health, $296,373,000, of 
     which $40,536,000 shall be for the Office of AIDS 
     Research: Provided, That funding shall be available for 
     the purchase of not to exceed five passenger motor 
     vehicles for replacement only: Provided further, That the 
     Director may direct up to 1 percent of the total amount 
     made available in this or any other Act to all National 
     Institutes of Health appropriations to activities the 
     Director may so designate: Provided further, That no such 
     appropriation shall be decreased by more than 1 percent by 
     any such transfers and that the Congress is promptly 
     notified of the transfer: Provided further, That NIH is 
     authorized to collect third

[[Page H10215]]

     party payments for the cost of clinical services that are 
     incurred in National Institutes of Health research 
     facilities and that such payments shall be credited to the 
     National Institutes of Health Management Fund: Provided 
     further, That all funds credited to the NIH Management 
     Fund shall remain available for one fiscal year after the 
     fiscal year in which they are deposited: Provided further, 
     That up to $500,000 shall be available to carry out 
     section 499 of the Public Health Service Act: Provided 
     further, That, notwithstanding section 499(k)(10) of the 
     Public Health Service Act, funds from the National 
     Foundation for Biomedical Research may be transferred to 
     the National Institutes of Health: Provided further, That 
     $20,000,000 shall be available to carry out section 404E 
     of the Public Health Service Act: Provided further, That 
     of the funds available to carry out section 404E of the 
     Public Health Service Act, not less than $7,000,000 shall 
     be for peer reviewed complementary and alternative 
     medicine research grants and contracts that respond to 
     program announcements and requests for proposals issued by 
     the Office of Alternative Medicine.


                        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, $206,957,000, to remain available until expended, 
     of which $90,000,000 shall be for the clinical research 
     center and $16,957,000 for the Vaccine Facility: Provided, 
     That notwithstanding any other provision of law, a single 
     contract or related contracts for the development and 
     construction of the clinical research center may be employed 
     which collectively include the full scope of the project: 
     Provided further, That the solicitation and contract shall 
     contain the clause ``availability of funds'' found at 48 CFR 
     52.232-18: Provided further, That notwithstanding any other 
     provision of law, a single contract or related contracts for 
     the development and construction of the Vaccine Facility may 
     be employed which collectively include the full scope of the 
     project: Provided further, That the solicitation and contract 
     shall contain the clause ``availability of funds'' found 
     in 48 CFR 52.232-18.

       Substance Abuse and Mental Health Services Administration


               substance abuse and mental health services

       For carrying out titles V and XIX of the Public Health 
     Service Act with respect to substance abuse and mental health 
     services, the Protection and Advocacy for Mentally Ill 
     Individuals Act of 1986, and section 301 of the Public Health 
     Service Act with respect to program management, 
     $2,146,743,000, of which $10,000,000 shall be for grants to 
     rural and Native American projects: Provided, That 
     notwithstanding any other provision of law, each State's 
     allotment for fiscal year 1998 for each of the programs under 
     subparts I and II of part B of title XIX of the Public Health 
     Service Act shall be equal to such State's allotment for such 
     programs for fiscal year 1997.


     retirement pay and medical benefits for commissioned officers

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

               Agency for Health Care Policy and Research


                    health care policy and research

       For carrying out titles III and IX of the Public Health 
     Service Act, and part A of title XI of the Social Security 
     Act, $90,229,000; in addition, amounts received from Freedom 
     of Information Act fees, reimbursable and interagency 
     agreements, and the sale of data tapes shall be credited to 
     this appropriation and shall remain available until expended: 
     Provided, That the amount made available pursuant to section 
     926(b) of the Public Health Service Act shall not exceed 
     $56,206,000.

                  Health Care Financing Administration


                     grants to states for medicaid

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


                  payments to health care trust funds

       For payment to the Federal Hospital Insurance and the 
     Federal Supplementary Medical Insurance Trust Funds, as 
     provided under sections 217(g) and 1844 of the Social 
     Security Act, sections 103(c) and 111(d) of the Social 
     Security Amendments of 1965, section 278(d) of Public Law 97-
     248, and for administrative expenses incurred pursuant to 
     section 201(g) of the Social Security Act, $60,904,000,000.


                           program management

       For carrying out, except as otherwise provided, titles XI, 
     XVIII, XIX and XXI of the Social Security Act, titles XIII 
     and XXVII of the Public Health Service Act, and the Clinical 
     Laboratory Improvement Amendments of 1988, not to exceed 
     $1,743,066,000 to be transferred from the Federal Hospital 
     Insurance and the Federal Supplementary Medical Insurance 
     Trust Funds, as authorized by section 201(g) of the Social 
     Security Act; together with all funds collected in accordance 
     with section 353 of the Public Health Service Act and such 
     sums as may be collected from authorized user fees and the 
     sale of data, which shall remain available until expended, 
     and together with administrative fees collected relative to 
     Medicare overpayment recovery activities, which shall remain 
     available until expended: Provided, That all funds derived in 
     accordance with 31 U.S.C. 9701 from organizations established 
     under title XIII of the Public Health Service Act shall be 
     credited to and available for carrying out the purposes of 
     this appropriation: Provided further, That $900,000 shall be 
     for carrying out section 4021 of Public Law 105-33: Provided 
     further, That in carrying out its legislative mandate, the 
     National Bipartisan Commission on the Future of Medicare 
     shall examine the impact of increased investments in health 
     research on future Medicare costs, and the potential for 
     coordinating Medicare with cost-effective long-term care 
     services: Provided further, That $40,000,000 appropriated 
     under this heading for the transition to a single Part A and 
     Part B processing system shall remain available until 
     expended: Provided further, That funds appropriated under 
     this heading may be obligated to increase Medicare provider 
     audits and implement the Department's corrective action plan 
     to the Chief Financial Officer's audit of the Health Care 
     Financing Administration's oversight of Medicare: Provided 
     further, That the Secretary of Health and Human Services is 
     directed to collect, in aggregate, $95,000,000 in fees in 
     fiscal year 1998 from Medicare+Choice organizations 
     pursuant to section 1857(e)(2) of the Social Security Act 
     and from eligible organizations with risk-sharing 
     contracts under section 1876 of that Act pursuant to 
     section 1876(k)(4)(D) of that Act.


      HEALTH MAINTENANCE ORGANIZATION LOAN AND LOAN GUARANTEE FUND

       For carrying out subsections (d) and (e) of section 1308 of 
     the Public Health Service Act, any amounts received by the 
     Secretary in connection with loans and loan guarantees under 
     title XIII of the Public Health Service Act, to be available 
     without fiscal year limitation for the payment of outstanding 
     obligations. During fiscal year 1998, no commitments for 
     direct loans or loan guarantees shall be made.

                Administration for Children and Families


                   FAMILY SUPPORT PAYMENTS TO STATES

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


                   low income home energy assistance

       For making payments under title XXVI of the Omnibus Budget 
     Reconciliation Act of 1981, $1,100,000,000, to be available 
     for obligation in the period October 1, 1998 through 
     September 30, 1999.
       For making payments under title XXVI of such Act, 
     $300,000,000: Provided, That these funds are hereby 
     designated by Congress to be emergency requirements pursuant 
     to section 251(b)(2)(D) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985: Provided further, That these 
     funds shall be made available only after submission to 
     Congress of a formal budget request by the President that 
     includes designation of the entire amount of the request as 
     an emergency requirement as defined in the Balanced Budget 
     and Emergency Deficit Control Act.


                     refugee and entrant assistance

       For making payments for refugee and entrant assistance 
     activities authorized by title IV of the Immigration and 
     Nationality Act and section 501 of the Refugee Education 
     Assistance Act of 1980 (Public Law 96-422), $415,000,000: 
     Provided, That funds appropriated pursuant to section 414(a) 
     of the Immigration and Nationality Act

[[Page H10216]]

     under Public Law 104-134 for fiscal year 1996 shall be 
     available for the costs of assistance provided and other 
     activities conducted in such year and in fiscal years 1997 
     and 1998.


                 child care and development block grant

                     (including transfer of funds)

       For carrying out sections 658A through 658R of the Omnibus 
     Budget Reconciliation Act of 1981 (The Child Care and 
     Development Block Grant Act of 1990), in addition to amounts 
     already appropriated for fiscal year 1998, $65,672,000; and 
     to become available on October 1, 1998 and remain available 
     through September 30, 1999, $1,000,000,000: Provided, That of 
     funds appropriated for each of fiscal years 1998 and 1999, 
     $19,120,000 shall be available for child care resource and 
     referral and schoolaged child care activities, of which for 
     fiscal year 1998 $3,000,000 shall be derived from an amount 
     that shall be transferred from the amount appropriated under 
     section 452(j) of the Social Security Act (42 U.S.C. 652(j)) 
     for fiscal year 1997 and remaining available for expenditure: 
     Provided further, That of the funds provided for fiscal year 
     1998, $50,000,000 shall be reserved by the States for 
     activities authorized under section 658G of the Omnibus 
     Budget Reconciliation Act of 1981 (The Child Care and 
     Development Block Grant Act of 1990), such funds to be in 
     addition to the amounts required to be reserved by States 
     under such section 658G.


                      social services block grant

       For making grants to States pursuant to section 2002 of the 
     Social Security Act, $2,299,000,000: Provided, That 
     notwithstanding section 2003(c) of such Act, as amended, the 
     amount specified for allocation under such section for fiscal 
     year 1998 shall be $2,299,000,000.


                children and families services programs

                        (including rescissions)

       For carrying out, except as otherwise provided, the Runaway 
     and Homeless Youth Act, the Developmental Disabilities 
     Assistance and Bill of Rights Act, the Head Start Act, the 
     Child Abuse Prevention and Treatment Act, (including section 
     105(a)(2) of the Child Abuse Prevention and Treatment Act), 
     the Family Violence Prevention and Services Act, the Native 
     American Programs Act of 1974, title II of Public Law 95-266 
     (adoption opportunities), the Abandoned Infants Assistance 
     Act of 1988, part B(1) of title IV and sections 413, 429A and 
     1110 of the Social Security Act; for making payments under 
     the Community Services Block Grant Act; and for necessary 
     administrative expenses to carry out said Acts and titles I, 
     IV, X, XI, XIV, XVI, and XX of the Social Security Act, the 
     Act of July 5, 1960 (24 U.S.C. ch. 9), the Omnibus Budget 
     Reconciliation Act of 1981, title IV of the Immigration and 
     Nationality Act, section 501 of the Refugee Education 
     Assistance Act of 1980, and section 126 and titles IV and V 
     of Public Law 100-485, $5,682,916,000, of which $542,165,000 
     shall be for making payments under the Community Services 
     Block Grant Act, and of which $4,355,000,000 shall be for 
     making payments under the Head Start Act: Provided, That of 
     the funds made available for the Head Start Act, $279,250,000 
     shall be set aside for the Head Start Program for Families 
     with Infants and Toddlers (Early Head Start): Provided 
     further, That to the extent Community Services Block Grant 
     funds are distributed as grant funds by a State to an 
     eligible entity as provided under the Act, and have not been 
     expended by such entity, they shall remain with such entity 
     for carryover into the next fiscal year for expenditure by 
     such entity consistent with program purposes.
       In addition, $93,000,000, to be derived from the Violent 
     Crime Reduction Trust Fund, for carrying out sections 40155, 
     40211 and 40241 of Public Law 103-322.
       Funds appropriated for fiscal year 1998 under section 
     429A(e), part B of title IV of the Social Security Act shall 
     be reduced by $6,000,000.
       Funds appropriated for fiscal year 1998 under section 
     413(h)(1) of the Social Security Act shall be reduced by 
     $15,000,000.


                    family preservation and support

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


       payments to states for foster care and adoption assistance

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

                        Administration on Aging


                        aging services programs

       For carrying out, to the extent not otherwise provided, the 
     Older Americans Act of 1965, as amended, $865,050,000: 
     Provided, That notwithstanding section 308(b)(1) of such Act, 
     the amounts available to each State for administration of the 
     State plan under title III of such Act shall be reduced not 
     more than 5 percent below the amount that was available to 
     such State for such purpose for fiscal year 1995: Provided 
     further, That of the funds appropriated to carry out section 
     303(a)(1) of such Act, $4,449,000 shall be available for 
     carrying out section 702(a) of such Act and $4,732,000 shall 
     be available for carrying out section 702(b) of such Act: 
     Provided further, That in considering grant applications for 
     nutrition services for elder Indian recipients, the Assistant 
     Secretary shall provide maximum flexibility to applicants who 
     seek to take into account subsistence, local customs, and 
     other characteristics that are appropriate to the unique 
     cultural, regional, and geographic needs of the American 
     Indian, Alaskan and Hawaiian native communities to be served.

                        Office of the Secretary


                    general departmental management

       For necessary expenses, not otherwise provided, for general 
     departmental management, including hire of six sedans, and 
     for carrying out titles III, XVII, and XX of the Public 
     Health Service Act, and the United States-Mexico Border 
     Health Commission Act, $171,631,000, of which $500,000 shall 
     remain available until expended, together with $5,851,000, to 
     be transferred and expended as authorized by section 
     201(g)(1) of the Social Security Act from the Hospital 
     Insurance Trust Fund and the Supplemental Medical Insurance 
     Trust Fund: Provided, That of the funds made available under 
     this heading for carrying out title XVII of the Public Health 
     Service Act, $1,500,000 shall be available until expended for 
     extramural construction.


                      office of inspector general

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


                        office for civil rights

       For expenses necessary for the Office for Civil Rights, 
     $16,345,000, together with not to exceed $3,314,000, to be 
     transferred and expended as authorized by section 201(g)(1) 
     of the Social Security Act from the Hospital Insurance Trust 
     Fund and the Supplemental Medical Insurance Trust Fund.


                            policy research

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

                           GENERAL PROVISIONS

       Sec. 201. Funds appropriated in this title shall be 
     available for not to exceed $37,000 for official reception 
     and representation expenses when specifically approved by the 
     Secretary.
       Sec. 202. The Secretary shall make available through 
     assignment not more than 60 employees of the Public Health 
     Service to assist in child survival activities and to work in 
     AIDS programs through and with funds provided by the Agency 
     for International Development, the United Nations 
     International Children's Emergency Fund or the World Health 
     Organization.
       Sec. 203. None of the funds appropriated under this Act may 
     be used to implement section 399L(b) of the Public Health 
     Service Act or section 1503 of the National Institutes of 
     Health Revitalization Act of 1993, Public Law 103-43.
       Sec. 204. None of the funds appropriated in this Act for 
     the National Institutes of Health and the Substance Abuse and 
     Mental Health Services Administration shall be used to pay 
     the salary of an individual, through a grant or other 
     extramural mechanism, at a rate in excess of $125,000 per 
     year.
       Sec. 205. None of the funds appropriated in this Act may be 
     expended pursuant to section 241 of the Public Health Service 
     Act, except for funds specifically provided for in this Act, 
     or for other taps and assessments made by any office located 
     in the Department of Health and Human Services, prior to the 
     Secretary's preparation and submission of a report to the 
     Committee on Appropriations of the Senate and of the House 
     detailing the planned uses of such funds.
       Sec. 206. None of the funds appropriated in this Act may be 
     obligated or expended for the Federal Council on Aging under 
     the Older Americans Act or the Advisory Board on Child Abuse 
     and Neglect under the Child Abuse Prevention and Treatment 
     Act.


                          (transfer of funds)

       Sec. 207. Not to exceed 1 percent of any discretionary 
     funds (pursuant to the Balanced Budget and Emergency Deficit 
     Control Act, as amended) which are appropriated for the 
     current fiscal year for the Department of Health and Human 
     Services in this Act may be transferred between 
     appropriations, but no such appropriation shall be 
     increased by more than 3 percent by any such transfer: 
     Provided, That the Appropriations Committees of both 
     Houses of Congress are notified at least fifteen days in 
     advance of any transfer.


                          (transfer of funds)

       Sec. 208. The Director of the National Institutes of 
     Health, jointly with the Director of the Office of AIDS 
     Research, may transfer up to 3 percent among institutes, 
     centers, and divisions from the total amounts identified by 
     these two Directors as funding for research pertaining to the 
     human immunodeficiency virus: Provided, That the Congress is 
     promptly notified of the transfer.


                          (transfer of funds)

       Sec. 209. Of the amounts made available in this Act for the 
     National Institutes of Health, the amount for research 
     related to the human immunodeficiency virus, as jointly 
     determined by the Director of NIH and the Director of the 
     Office of AIDS Research, shall be made available to the 
     ``Office of AIDS Research'' account. The Director of the 
     Office of AIDS Research shall transfer from such accounts 
     amounts necessary to carry out section 2535(d)(3) of the 
     Public Health Service Act.
       Sec. 210. Funds appropriated in this Act for the National 
     Institutes of Health may be used to provide transit subsidies 
     in amounts consistent with the transportation subsidy 
     programs authorized under section 629 of Public Law 101-509 
     to non-FTE bearing positions including trainees, visiting 
     fellows and volunteers.
       Sec. 211. (a) The Secretary of Health and Human Services 
     may in accordance with this section provide for the 
     relocation of the Federal facility known as the Gillis W. 
     Long Hansen's Disease Center (located in the vicinity of 
     Carville, in the State of Louisiana), including the 
     relocation of the patients of the Center.
       (b)(1) Subject to paragraph (2), in relocating the Center 
     the Secretary may on behalf of the United States transfer to 
     the State of Louisiana, without charge, title to the real 
     property and improvements that as of the date of the 
     enactment of this Act constitute the Center. Such real 
     property is a parcel consisting of approximately 330 acres. 
     The exact acreage and legal description used for purposes of 
     the transfer shall be in accordance with a survey 
     satisfactory to the Secretary.

[[Page H10217]]

       (2) Any conveyance under paragraph (1) is not effective 
     unless the deed or other instrument of conveyance contains 
     the conditions specified in subsection (d); the instrument 
     specifies that the United States and the State of Louisiana 
     agree to such conditions; and the instrument specifies 
     that, if the State engages in a material breach of the 
     conditions, title to the real property and improvements 
     involved reverts to the United States at the election of 
     the Secretary.
       (c)(1) With respect to Federal equipment and other items of 
     Federal personal property that are in use at the Center as of 
     the date of the enactment of this Act, the Secretary may, 
     subject to paragraph (2), transfer to the State such items as 
     the Secretary determines to be appropriate, if the Secretary 
     makes the transfer under subsection (b).
       (2) A transfer of equipment or other items may be made 
     under paragraph (1) only if the State agrees that, during the 
     30-year period beginning on the date on which the transfer 
     under subsection (b) is made, the items will be used 
     exclusively for purposes that promote the health or education 
     of the public, except that the Secretary may authorize such 
     exceptions as the Secretary determines to be appropriate.
       (d) For purposes of subsection (b)(2), the conditions 
     specified in this subsection with respect to a transfer of 
     title are the following:
       (1) During the 30-year period beginning on the date on 
     which the transfer is made, the real property and 
     improvements referred to in subsection (b)(1) (referred to in 
     this subsection as the ``transferred property'') will be used 
     exclusively for purposes that promote the health or education 
     of the public, with such incidental exceptions as the 
     Secretary may approve.
       (2) For purposes of monitoring the extent to which the 
     transferred property is being used in accordance with 
     paragraph (1), the Secretary will have access to such 
     documents as the Secretary determines to be necessary, and 
     the Secretary may require the advance approval of the 
     Secretary or such contracts, conveyances of real or personal 
     property, or other transactions as the Secretary determines 
     to be necessary.
       (3) The relocation of patients from the transferred 
     property will be completed not later than 3 years after the 
     date on which the transfer is made, except to the extent the 
     Secretary determines that relocating particular patients is 
     not feasible. During the period of relocation, the Secretary 
     will have unrestricted access to the transferred property, 
     and after such period will have such access as may be 
     necessary with respect to the patients who pursuant to the 
     preceding sentence are not relocated.
       (4)(A) With respect to projects to make repairs and energy-
     related improvements at the transferred property, the 
     Secretary will provide for the completion of all such 
     projects for which contracts have been awarded and 
     appropriations have been made as of the date of which the 
     transfer is made.
       (B) If upon completion of the projects referred to in 
     subparagraph (A) there are any unobligated balances of 
     amounts appropriated for the projects, and the sum of such 
     balances is in excess of $100,000--
       (i) the Secretary will transfer the amount of such excess 
     to the State; and
       (ii) the State will expend such amount for the purposes 
     referred to in paragraph (1), which may include the 
     renovation of facilities at the transferred property.
       (5)(A) The State will maintain the cemetery located on the 
     transferred property, will permit individuals who were long-
     term-care patients of the Center to be buried at the 
     cemetery, and will permit members of the public to visit the 
     cemetery.
       (B) The State will permit the Center to maintain a museum 
     on the transferred property and will permit members of the 
     public to visit the museum.
       (C) In the case of any waste products stored at the 
     transferred property as of the date of the transfer, the 
     Federal Government will after the transfer retain title to 
     and responsibility for the products, and the State will not 
     require that the Federal Government remove the products from 
     the transferred property.
       (6) In the case of each individual who as of the date of 
     the enactment of this Act is a Federal employee at the 
     transferred property with facilities management or dietary 
     duties:
       (A) The State will offer the individual an employment 
     position with the State, the position with the State will 
     have duties similar to the duties the individual performed in 
     his or her most recent position at the transferred property, 
     and the position with the State will provide compensation and 
     benefits that are similar to the compensation and benefits 
     provided for such most recent position, subject to the 
     concurrence of the Governor of the State.
       (B) If the individual becomes an employee of the State 
     pursuant to subparagraph (A), the State will make payments in 
     accordance with subsection (e)(2)(B) (relating to 
     disability), as applicable with respect to the individual.
       (7) The Federal Government may, consistent with the 
     intended uses by the State of the transferred property, carry 
     out at such property activities regarding at-risk youth.
       (8) Such additional conditions as the Secretary determines 
     to be necessary to protect the interests of the United 
     States.
       (e)(1) This subsection applies if the transfer under 
     subsection (b) is made.
       (2) In the case of each individual who as of the date of 
     the enactment of this Act is a Federal employee at the Center 
     with facilities management or dietary duties, and who becomes 
     an employee of the State pursuant to subsection (d)(6)(A):
       (A) The provisions of subchapter III of chapter 83 of title 
     5, United States Code, or of chapter 84 of such title, 
     whichever are applicable, that relate to disability shall be 
     considered to remain in effect with respect to the individual 
     (subject to subparagraph (C)) until the earlier of--
       (i) the expiration of the 2-year period beginning on the 
     date on which the transfer under subsection (b) is made; or
       (ii) the date on which the individual first meets all 
     conditions for coverage under a State program for payments 
     during retirement by reason of disability.
       (B) The payments to be made by the State pursuant to 
     subsection (d)(6)(B) with respect to the individual are 
     payments to the Civil Service Retirement and Disability Fund, 
     if the individual is receiving Federal disability coverage 
     pursuant to subparagraph (A). Such payments are to be made in 
     a total amount equal to that portion of the normal-cost 
     percentage (determined through the use of dynamic 
     assumptions) of the basic pay of the individual that is 
     allocable to such coverage and is paid for service performed 
     during the period for which such coverage is in effect. Such 
     amount is to be determined in accordance with chapter 84 of 
     such title 5, is to be paid at such time and in such manner 
     as mutually agreed by the State and the Office of Personnel 
     Management, and is in lieu of individual or agency 
     contributions otherwise required.
       (C) In the determination pursuant to subparagraph (A) of 
     whether the individual is eligible for Federal disability 
     coverage (during the applicable period of time under such 
     subparagraph), service as an employee of the State after the 
     date of the transfer under subsection (b) shall be counted 
     toward the service requirement specified in the first 
     sentence of section 8337(a) or 8451(a)(1)(A) of such title 
     5 (whichever is applicable).
       (3) In the case of each individual who as of the date of 
     the enactment of this Act is a Federal employee with a 
     position at the Center and is, for duty at the Center, 
     receiving the pay differential under section 208(e) of the 
     Public Health Service Act or under section 5545(d) of title 
     5, United States Code:
       (A) If as of the date of the transfer under subsection (b) 
     the individual is eligible for an annuity under section 8336 
     or 8412 of title 5, United States Code, then once the 
     individual separates from the service and thereby becomes 
     entitled to receive the annuity, the pay differential shall 
     be included in the computation of the annuity if the 
     individual separated from the service not later than the 
     expiration of the 90-day period beginning on the date of the 
     transfer.
       (B) If the individual is not eligible for such an annuity 
     as of the date of the transfer under subsection (b) but 
     subsequently does become eligible, then once the individual 
     separates from the service and thereby becomes entitled to 
     receive the annuity, the pay differential shall be included 
     in the computation of the annuity if the individual separated 
     from the service not later than the expiration of the 90-day 
     period beginning on the date on which the individual first 
     became eligible for the annuity.
       (C) For purposes of this paragraph, the individual is 
     eligible for the annuity if the individual meets all 
     conditions under such section 8336 or 8412 to be entitled to 
     the annuity, except the condition that the individual be 
     separated from the service.
       (4) With respect to individuals who as of the date of the 
     enactment of this Act are Federal employees with positions at 
     the Center and are not, for duty at the center, receiving the 
     pay differential under section 208(e) of the Public Health 
     Service Act or under section 5545(d) of title 5, United 
     States Code:
       (A) During the calendar years 1997 and 1998, the Secretary 
     may in accordance with this paragraph provide to any such 
     individual a voluntary separation incentive payment. The 
     purpose of such payments is to avoid or minimize the need for 
     involuntary separations under a reduction in force with 
     respect to the Center.
       (B) During calendar year 1997, any payment under 
     subparagraph (A) shall be made under section 663 of the 
     Treasury, Postal Service, and General Government 
     Appropriations Act, 1997 (as contained in section 101(f) of 
     division A of Public Law 104-208), except that, for purposes 
     of this subparagraph, subsection (b) of such section 663 does 
     not apply.
       (C) During calendar year 1998, such section 663 applies 
     with respect to payments under subparagraph (A) to the same 
     extent and in the same manner as such section applied with 
     respect to the payments during fiscal year 1997, and for 
     purposes of this subparagraph, the reference in subsection 
     (c)(2)(D) of such section 663 to December 31, 1997, is deemed 
     to be a reference to December 31, 1998.
       (f) The following provisions apply if under subsection (a) 
     the Secretary makes the decision to relocate the Center:
       (1) The site to which the Center is relocated shall be in 
     the vicinity of Baton Rouge, in the State of Louisiana.
       (2) The facility involved shall continue to be designated 
     as the Gillis W. Long Hansen's Disease Center.
       (3) The Secretary shall make reasonable efforts to inform 
     the patients of the Center with respect to the planning and 
     carrying out of the relocation.
       (4) In the case of each individual who as of October 1, 
     1996, was a patient of the Center and is considered by the 
     Director of the Center to be a long-term-care patient 
     (referred to in this subsection as an ``eligible patient''), 
     the Secretary shall continue to provide for the long-term 
     care of the eligible patient, without charge, for the 
     remainder of the life of the patient.
       (5)(A) For purposes of paragraph (4), an eligible patient 
     who is legally competent has the following options with 
     respect to support and maintenance and other nonmedical 
     expenses:
       (i) For the remainder of his or her life, the patient may 
     reside at the Center.
       (ii) For the remainder of his or her life, the patient may 
     receive payments each year at an annual rate of $33,000 
     (adjusted in accordance

[[Page H10218]]

     with subparagraphs (C) and (D)), and may not reside at the 
     Center. Payments under this clause are in complete discharge 
     of the obligation of the Federal Government under paragraph 
     (4) for support and maintenance and other nonmedical expenses 
     of the patient.
       (B) The choice by an eligible patient of the option under 
     clause (i) of subparagraph (A) may at any time be revoked by 
     the patient, and the patient may instead choose the option 
     under clause (ii) of such subparagraph. The choice by an 
     eligible patient of the option under such clause (ii) is 
     irrevocable.
       (C) Payments under subparagraph (A)(ii) shall be made on a 
     monthly basis, and shall be pro rated as applicable. In 1999 
     and each subsequent year, the monthly amount of such payments 
     shall be increased by a percentage equal to any percentage 
     increase taking effect under section 215(i) of the Social 
     Security Act (relating to a cost-of-living increase) for 
     benefits under title II of such Act (relating to Federal old-
     age, survivors, and disability insurance benefits). Any such 
     percentage increase in monthly payments under subparagraph 
     (A)(ii) shall take effect in the same month as the percentage 
     increase under such section 215(i) takes effect.
       (D) With respect to the provision of outpatient and 
     inpatient medical care for Hansen's disease and related 
     complications to an eligible patient:
       (i) The choice the patient makes under subparagraph (A) 
     does not affect the responsibility of the Secretary for 
     providing to the patient such care at or through the Center.
       (ii) If the patient chooses the option under subparagraph 
     (A)(ii) and receives inpatient care at or through the Center, 
     the Secretary may reduce the amount of payments under such 
     subparagraph, except to the extent that reimbursement for the 
     expenses of such care is available to the provider of the 
     care through the program under title XVIII of the Social 
     Security Act or the program under title XIX of such Act. Any 
     such reduction shall be made on the basis of the number of 
     days for which the patient received the inpatient care.
       (6) The Secretary shall provide to each eligible patient 
     such information and time as may be necessary for the patient 
     to make an informed decision regarding the options under 
     paragraph (5)(A).
       (7) After the date of the enactment of this Act, the Center 
     may not provide long-term care for any individual who as of 
     such date was not receiving such care as a patient of the 
     Center.
       (8) If upon completion of the projects referred to in 
     subsection (d)(4)(A) there are unobligated balances of 
     amounts appropriated for the projects, such balances are 
     available to the Secretary for expenses relating to the 
     relocation of the Center, except that, if the sum of such 
     balances is in excess of $100,000, such excess is available 
     to the State in accordance with subsection (d)(4)(B). The 
     amounts available to the Secretary pursuant to the preceding 
     sentence are available until expended.
       (g) For purposes of this section:
       (1) The term ``Center'' means the Gillis W. Long Hansen's 
     Disease Center.
       (2) The term ``Secretary'' means the Secretary of Health 
     and Human Services.
       (3) The term ``State'' means the State of Louisiana.
       (h) Section 320 of the Public Health Service Act (42 U.S.C. 
     247e) is amended by striking the section designation and all 
     that follows and inserting the following:
       ``sec. 320. (a)(1) At or through the Gillis W. Long 
     Hansen's Disease Center (located in the State of Louisiana), 
     the Secretary shall without charge provide short-term care 
     and treatment, including outpatient care, for Hansen's 
     disease and related complications to any person determined by 
     the Secretary to be in need of such care and treatment. 
     The Secretary may not at or through such Center provide 
     long-term care for any such disease or complication.
       ``(2) The Center referred to in paragraph (1) shall conduct 
     training in the diagnosis and management of Hansen's disease 
     and related complications, and shall conduct and promote the 
     coordination of research (including clinical research), 
     investigations, demonstrations, and studies relating to the 
     causes, diagnosis, treatment, control, and prevention of 
     Hansen's disease and other mycobacterial diseases and 
     complications related to such diseases.
       ``(3) Paragraph (1) is subject to section 211 of the 
     Department of Health and Human Services Appropriations Act, 
     1998.
       ``(b) In addition to the Center referred to in subsection 
     (a), the Secretary may establish sites regarding persons with 
     Hansen's disease. Each such site shall provide for the 
     outpatient care and treatment for Hansen's disease and 
     related complications to any person determined by the 
     Secretary to be in need of such care and treatment.
       ``(c) The Secretary shall carry out subsections (a) and (b) 
     acting through an agency of the Service. For purposes of the 
     preceding sentence, the agency designated by the Secretary 
     shall carry out both activities relating to the provision of 
     health services and activities relating to the conduct of 
     research.
       ``(d) The Secretary shall make payments to the Board of 
     Health of the State of Hawaii for the care and treatment 
     (including outpatient care) in its facilities of persons 
     suffering from Hansen's disease at a rate determined by the 
     Secretary. The rate shall be approximately equal to the 
     operating cost per patient of such facilities, except that 
     the rate may not exceed the comparable costs per patient with 
     Hansen's disease for care and treatment provided by the 
     Center referred to in subsection (a). Payments under this 
     subsection are subject to the availability of appropriations 
     for such purposes.''.
       Sec. 212. None of the funds appropriated in the Act may be 
     made available to any entity under title X of the Public 
     Health Service Act unless the applicant for the award 
     certifies to the Secretary that it encourages family 
     participation in the decision of minors to seek family 
     planning services and that it provides counseling to minors 
     on how to resist attempts to coerce minors into engaging in 
     sexual activities.


    comprehensive independent study of nih research priority setting

       Sec. 213. (a) Study by the Institute of Medicine.--Not 
     later than 30 days after the date of enactment of this Act, 
     the Secretary of Health and Human Services shall enter into a 
     contract with the Institute of Medicine to conduct a 
     comprehensive study of the policies and process used by the 
     National Institutes of Health to determine funding 
     allocations for biomedical research.
       (b) Matters To Be Assessed.--The study under subsection (a) 
     shall assess--
       (1) the factors or criteria used by the National Institutes 
     of Health to determine funding allocations for disease 
     research;
       (2) the process by which research funding decisions are 
     made;
       (3) the mechanisms for public input into the priority 
     setting process; and
       (4) the impact of statutory directives on research funding 
     decisions.
       (c) Report.--
       (1) In general.--Not later than 6 months after the date on 
     which the Secretary of Health and Human Services enters into 
     the contract under subsection (a), the Institute of Medicine 
     shall submit a report concerning the study to the Committee 
     on Labor and Human Resources and the Committee on 
     Appropriations of the Senate, and the Committee on Commerce 
     and the Committee on Appropriations of the House of 
     Representatives.
       (2) Requirement.--The report under paragraph (1) shall set 
     forth the findings, conclusions, and recommendations of the 
     Institute of Medicine for improvements in the National 
     Institutes of Health research funding policies and processes 
     and for any necessary congressional action.
       This title may be cited as the ``Department of Health and 
     Human Services Appropriations Act, 1998''.

                   TITLE III--DEPARTMENT OF EDUCATION


                            education reform

       For carrying out activities authorized by titles III and IV 
     of the Goals 2000: Educate America Act, the School-to-Work 
     Opportunities Act, and sections 3132, 3136, and 3141 and 
     parts B, C, and D of title III of the Elementary and 
     Secondary Education Act of 1965, $1,275,035,000, of which 
     $464,500,000 for the Goals 2000: Educate America Act and 
     $200,000,000 for the School-to-Work Opportunities Act shall 
     become available on July 1, 1998, and remain available 
     through September 30, 1999: Provided, That none of the funds 
     appropriated under this heading shall be obligated or 
     expended to carry out section 304(a)(2)(A) of the Goals 
     2000: Educate America Act, except that no more than 
     $1,500,000 may be used to carry out activities under 
     section 314(a)(2) of that Act: Provided further, That 
     section 315(a)(2) of the Goals 2000 Act shall not apply: 
     Provided further, That up to one-half of one percent of 
     the amount available under section 3132 shall be set aside 
     for the outlying areas, to be distributed on the basis of 
     their relative need as determined by the Secretary in 
     accordance with the purposes of the program: Provided 
     further, That if any State educational agency does not 
     apply for a grant under section 3132, that State's 
     allotment under section 3131 shall be reserved by the 
     Secretary for grants to local educational agencies in that 
     State that apply directly to the Secretary according to 
     the terms and conditions published by the Secretary in the 
     Federal Register: Provided further, That of the funds made 
     available under section 3136, $5,000,000 shall be provided 
     to the Hospitals, Universities, Businesses, and Schools 
     program to develop a regional information infrastructure 
     in the mid-Atlantic region, $7,300,000 shall be for the 
     ``I Can Learn'' project to integrate technology into 
     eighth grade algebra classrooms and $800,000 shall be 
     provided for a distance education network involving a 
     consortium of nine school districts and Nicolet Area 
     Technical College: Provided further, That of the amount 
     available for title III, part B of the Elementary and 
     Secondary Education Act of 1965, as amended, $8,000,000 
     shall be awarded to continue and expand the Iowa 
     Communication Network statewide fiber optic demonstration 
     project.


                    education for the disadvantaged

       For carrying out title I of the Elementary and Secondary 
     Education Act of 1965, and section 418A of the Higher 
     Education Act, $8,021,827,000, of which $6,553,249,000 shall 
     become available on July 1, 1998, and shall remain available 
     through September 30, 1999, and of which $1,448,386,000 shall 
     become available on October 1, 1998 and shall remain 
     available through September 30, 1999, for academic year 1998-
     1999: Provided further, That $6,273,212,000 shall be 
     available for basic grants under section 1124: Provided 
     further, That up to $3,500,000 of these funds shall be 
     available to the Secretary on October 1, 1997, to obtain 
     updated local-educational-agency-level census poverty data 
     from the Bureau of the Census: Provided further, That 
     $1,102,020,000 shall be available for concentration grants 
     under section 1124A, $6,977,000 shall be available for 
     evaluations under section 1501 and not more than $7,500,000 
     shall be reserved for section 1308, of which not more than 
     $3,000,000 shall be reserved for section 1308(d): Provided 
     further, That grant awards under section 1124 and 1124A of 
     title I of the Elementary and Secondary Education Act shall 
     be made to each State or local educational agency at no less 
     than 100 percent of the amount such State or local 
     educational agency received under this authority for fiscal 
     year 1997 under Public Laws 104-208 and 105-18: Provided 
     further, That in determining State allocations under any 
     other program administered by the Secretary, amounts

[[Page H10219]]

     provided under Public Law 105-18, or equivalent amounts 
     provided for in this Act, will not be taken into account in 
     determining State allocations: Provided further, That 
     $120,000,000 shall be available under section 1002(g)(2) to 
     demonstrate effective approaches to comprehensive school 
     reform to be allocated and expended in accordance with the 
     instructions relating to this proviso in the statement of the 
     managers on the conference report accompanying this Act: 
     Provided further, That in carrying out this initiative, the 
     Secretary and the States shall support only approaches that 
     show the most promise of enabling children served by title I 
     to meet challenging State content standards and challenging 
     State student performance standards based on reliable 
     research and effective practices, and include an emphasis on 
     basic academics and parental involvement: Provided further, 
     That such funds shall not be available for section 1503.


                               impact aid

       For carrying out programs of financial assistance to 
     federally affected schools authorized by title VIII of the 
     Elementary and Secondary Education Act of 1965, $808,000,000, 
     of which $662,000,000 shall be for basic support payments 
     under section 8003(b), $50,000,000 shall be for payments for 
     children with disabilities under section 8003(d), 
     $62,000,000, to remain available until expended, shall be for 
     payments under section 8003(f), $7,000,000 shall be for 
     construction under section 8007, and $24,000,000 shall be for 
     Federal property payments under section 8002 of which such 
     sums as may be necessary shall be for section 8002(j) and 
     $3,000,000, to remain available until expended, shall be for 
     facilities maintenance under section 8008: Provided, That 
     section 8003(f)(2) of the Elementary and Secondary Education 
     Act of 1965 (20 U.S.C. 7709(f)(2)) is amended in clause (ii) 
     in subclause (I) by striking ``35 percent'' and all that 
     follows through the semicolon, and inserting the following: 
     ``25 percent of the total student enrollment of such agency. 
     For purposes of this subclause, all students described in 
     section 8003(a)(1) are used to determine eligibility, 
     regardless of whether or not a local educational agency 
     receives funds for these children from section 8003(b) of the 
     Act;''.
       The amendment made by this proviso shall apply with respect 
     to fiscal years beginning with fiscal year 1996: Provided 
     further, That the Secretary of Education shall treat as 
     timely filed, and shall process for payment, an application 
     for a fiscal year 1998 payment from the local educational 
     agency for Boston, Massachusetts, under section 8003 of the 
     Elementary and Secondary Education Act of 1965 if the 
     Secretary has received that application not later than 30 
     days after the enactment of this Act: Provided further, That 
     the Secretary of Education shall forgive any overpayments 
     established for fiscal year 1994 under section 3(d)(2)(B) of 
     the Act of September 30, 1950 (Public Law 874--81st 
     Congress), for any local educational agency in the State of 
     Texas receiving funds appropriated for fiscal year 1994 under 
     the authority of this section: Provided further, That section 
     8002 of the Elementary and Education Act of 1965 (20 U.S.C. 
     7702) is amended by adding the following new subsection:
       ``(j) Additional Assistance for Certain Local Educational 
     Agencies Impacted by Federal Property Acquisition.--
       ``(1) Reservation.--From amounts appropriated under section 
     8014(g) for a fiscal year, the Secretary shall provide 
     additional assistance to meet special circumstances relating 
     to the provision of education in local educational agencies 
     eligible to receive assistance under this section.
       ``(2) Eligibility.--(A) A local educational agency is 
     eligible to receive additional assistance under this 
     subsection only if such agency--
       ``(i) received a payment under both this section and 
     section 8003(b) for fiscal year 1996 and is eligible to 
     receive payments under those sections for the year of 
     application;
       ``(ii) provided a free public education to children 
     described under sections 8003(a)(1)(A), (B), or (D);
       ``(iii) had a military installation located within the 
     geographic boundaries of the local educational agency that 
     was closed as a result of base closure or realignment;
       ``(iv) remains responsible for the free public education of 
     children residing in housing located on federal property 
     within the boundaries of the closed military installation but 
     whose parents are on active duty in the uniformed services 
     and assigned to a military activity located within the 
     boundaries of an adjoining local educational agency; and
       ``(v) demonstrates to the satisfaction of the Secretary 
     that such agency's per-pupil revenue derived from local 
     sources for current expenditures is not less than that 
     revenue for the preceding fiscal year.
       ``(3) Maximum amount.--(A) The maximum amount that a local 
     educational agency is eligible to receive under this 
     subsection for any fiscal year, when combined with its 
     payment under subsection (b), shall not be more than 50 
     percent of the maximum amount determined under subsection 
     (b);
       ``(B) If funds appropriated under section 8014(g) are 
     insufficient to pay the amount determined under subparagraph 
     (A), the Secretary shall ratably reduce the payment to each 
     local education agency eligible under this subsection;
       ``(C) If funds appropriated under section 8014(g) are in 
     excess of the amount determined under subparagraph (A) the 
     Secretary shall ratably distribute any excess funds to all 
     local educational agencies eligible for payment under 
     subsection (b) of this section,'':

     Provided further, That section 8014 of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7714) is amended 
     by adding the following new subsection:
       ``(g) Additional Assistance for Certain Federal Property 
     Local Educational Agencies.--For the purpose of carrying out 
     section 8002(j) there are authorized to be appropriated such 
     sums as are necessary beginning in fiscal year 1998 and for 
     each succeeding fiscal year.'':

     Provided further, That of the funds available for section 
     8007, the Secretary shall, under such terms and conditions he 
     determines appropriate, first provide $1,500,000 to applicant 
     number 11-2815 and $1,500,000 to applicant number 36-4403 for 
     the construction of public elementary or secondary schools 
     where the current structures are unsafe and pose serious 
     health threats to the students, if requests for funding and 
     construction project descriptions are submitted to the 
     Secretary within 30 days of enactment of this Act: Provided 
     further, That notwithstanding any deadline established by the 
     Secretary of Education under subsection (c) of section 8005 
     of the Elementary and Secondary Education Act of 1965 (20 
     U.S.C. 7705), and without regard to paragraphs (1)(A), (2), 
     and (3) of subsection (d) of that section, the Secretary 
     shall accept, as if timely received, an application from the 
     Maconaquah School Corporation, Bunker Hill, Indiana, under 
     section 8003 of that Act for fiscal year 1996 if the 
     Secretary has received that application not later than 30 
     days after the enactment of this Act: Provided further, That 
     notwithstanding any other provision of law, the Secretary 
     of Defense shall treat any data included in an application 
     described in the preceding proviso, and that is approved 
     by the Secretary of Education, as data to be used in 
     determining the eligibility of the Maconaquah School 
     Corporation, Bunker Hill, Indiana, for, and the amount of, 
     a payment for any of the fiscal years 1998 through 2000 
     under section 386 of the National Defense Authorization 
     Act for Fiscal Year 1993: Provided further, That section 8 
     of Public Law 104-195 is amended by striking the period 
     after ``year'' and adding the following: ``or, for fiscal 
     year 1995 or fiscal year 1996, the amount of any payment 
     under section 8003(f) of the Elementary and Secondary 
     Education Act of 1965'': Provided further, That the 
     Secretary of Education shall deem the local educational 
     agency serving the Clinton County School District in 
     Albany, Kentucky, to meet the eligibility requirements of 
     section 8002(a)(1)(C) of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 7702(a)(1)(C)).


                      school improvement programs

       For carrying out school improvement activities authorized 
     by titles II, IV-A-1 and 2, V-A and B, VI, IX, X, and XIII of 
     the Elementary and Secondary Education Act of 1965; the 
     Stewart B. McKinney Homeless Assistance Act; and the Civil 
     Rights Act of 1964; $1,538,188,000, of which $1,246,300,000 
     shall become available on July 1, 1998, and remain available 
     through September 30, 1999: Provided, That of the amount 
     appropriated, $335,000,000 shall be for Eisenhower 
     professional development State grants under title II-B of the 
     Elementary and Secondary Education Act of which $25,000,000 
     shall be for professional development in reading, 
     $350,000,000 shall be for innovative education program 
     strategies State grants under title VI-A of said Act and 
     $750,000 shall be for an evaluation of comprehensive regional 
     assistance centers under title XIII of said Act: Provided 
     further, That of the amount made available for Title IV-A-2, 
     $350,000 shall be for the Yonkers Public Schools for 
     innovative anti-drug and anti-violence activities.


                       child literacy initiative

                     (including transfer of funds)

       For carrying out a literacy initiative, $210,000,000, which 
     shall become available on October 1, 1998 and shall remain 
     available through September 30, 1999 only if specifically 
     authorized by subsequent legislation enacted by July 1, 1998: 
     Provided, That, if the initiative is not authorized by such 
     date, the funds shall be transferred to ``Special Education'' 
     to be merged with that account and to be available for the 
     same purposes for which that account is available: Provided 
     further, That the transferred funds shall become available 
     for obligation on July 1, 1999, and shall remain available 
     through September 30, 2000 for academic year 1999-2000.


                            indian education

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


                   bilingual and immigrant education

       For carrying out, to the extent not otherwise provided, 
     bilingual, foreign language and immigrant education 
     activities authorized by parts A and C and section 7203 of 
     title VII of the Elementary and Secondary Education Act, 
     without regard to section 7103(b), $354,000,000: Provided, 
     That State educational agencies may use all, or any part of, 
     their part C allocation for competitive grants to local 
     educational agencies: Provided further, That the Department 
     of Education should only support instructional programs which 
     ensure that students completely master English in a timely 
     fashion (a period of three to five years) while meeting 
     rigorous achievement standards in the academic content areas.


                           special education

       For carrying out the Individuals with Disabilities 
     Education Act, $4,810,646,000, of which $4,565,185,000 shall 
     become available for obligation on July 1, 1998, and shall 
     remain available through September 30, 1999: Provided, That 
     $1,500,000 of the funds provided shall be for section 
     687(b)(2)(G), and shall remain available until expended.


            rehabilitation services and disability research

       For carrying out, to the extent not otherwise provided, the 
     Rehabilitation Act of 1973, the

[[Page H10220]]

     Technology-Related Assistance for Individuals with 
     Disabilities Act, and the Helen Keller National Center Act, 
     as amended, $2,591,195,000.

           Special Institutions for Persons With Disabilities


                 american printing house for the blind

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


               national technical institute for the deaf

       For the National Technical Institute for the Deaf under 
     titles I and II of the Education of the Deaf Act of 1986 (20 
     U.S.C. 4301 et seq.), $44,141,000: Provided, That from the 
     amount available, the Institute may at its discretion use 
     funds for the endowment program as authorized under section 
     207.


                          gallaudet university

       For the Kendall Demonstration Elementary School, the Model 
     Secondary School for the Deaf, and the partial support of 
     Galludet University under titles I and II of the Education of 
     the Deaf Act of 1986 (20 U.S.C. 4301 et seq.), $81,000,000: 
     Provided, That from the amount available, the University may 
     at its discretion use funds for the endowment program as 
     authorized under section 207.


                     vocational and adult education

       For carrying out, to the extent not otherwise provided, the 
     Carl D. Perkins Vocational and Applied Technology Education 
     Act, the Adult Education Act, and the National Literacy Act 
     of 1991, $1,507,698,000, of which $1,504,598,000 shall become 
     available on July 1, 1998 and shall remain available through 
     September 30, 1999; and of which $5,491,000 from amounts 
     available under the Adult Education Act shall be for the 
     National Institute for Literacy under section 384(c): 
     Provided, That, of the amounts made available for title II of 
     the Carl D. Perkins Vocational and Applied Technology 
     Education Act, $13,497,000 shall be used by the Secretary for 
     national programs under title IV, without regard to section 
     451: Provided further, That the Secretary may reserve up to 
     $4,998,000 under section 313(d) of the Adult Education Act 
     for activities carried out under section 383 of that Act: 
     Provided further, That no funds shall be awarded to a State 
     Council under section 112(f) of the Carl D. Perkins 
     Vocational and Applied Technology Education Act, and no State 
     shall be required to operate such a Council.


                      STUDENT FINANCIAL ASSISTANCE

       For carrying out subparts 1, 3, and 4 of part A, part C and 
     part E of title IV of the Higher Education Act of 1965, as 
     amended, $8,978,934,000, which shall remain available through 
     September 30, 1999.
       The maximum Pell Grant for which a student shall be 
     eligible during award year 1998-1999 shall be $3,000: 
     Provided, That notwithstanding section 401(g) of the Act, if 
     the Secretary determines, prior to publication of the payment 
     schedule for such award year, that the amount included within 
     this appropriation for Pell Grant awards in such award year, 
     and any funds available from the fiscal year 1997 
     appropriation for Pell Grant awards, are insufficient to 
     satisfy fully all such awards for which students are 
     eligible, as calculated under section 401(b) of the Act, the 
     amount paid for each such award shall be reduced by either a 
     fixed or variable percentage, or by a fixed dollar amount, as 
     determined in accordance with a schedule of reductions 
     established by the Secretary for this purpose: Provided 
     further, That if the Secretary determines that the funds 
     available to fund Pell Grants for award year 1998-99 exceed 
     the amount needed to fund Pell Grants at a maximum award of 
     $3,000 for that award year, the Secretary may increase the 
     income protection allowances in sections 475(g)(2)(D), and 
     476(b)(1)(A)(iv)(I), (II), and (III) up to the amounts at 
     which Pell Grant awards calculated using the increased income 
     protection allowances equal the funds available to make Pell 
     Grants in award year 1998-99 with a $3,000 maximum award, 
     except that the income protection allowance in section 
     475(g)(2)(D) may not exceed $2,200, the income protection 
     allowance in sections 476(b)(1)(A)(iv)(I) and (II) may not 
     exceed $4,250, and the income protection allowance in section 
     476(b)(1)(A)(iv)(III) may not exceed $7,250.


             FEDERAL FAMILY EDUCATION LOAN PROGRAM ACCOUNT

       For Federal administrative expenses to carry out guaranteed 
     student loans authorized by title IV, part B, of the Higher 
     Education Act, as amended, $46,482,000.


                            HIGHER EDUCATION

       For carrying out, to the extent not otherwise provided, 
     parts A and B of title III, without regard to section 
     360(a)(1)(B)(ii), titles IV, V, VI, VII, and IX, and part A, 
     subpart 1 of part B, and part E of title X and title XI of 
     the Higher Education Act of 1965, as amended, part G of title 
     XV of Public Law 102-325, the Mutual Educational and Cultural 
     Exchange Act of 1961, and Public Law 102-423; $946,738,000, 
     of which $13,700,000 for interest subsidies under title VII 
     of the Higher Education Act shall remain available until 
     expended: Provided, That funds available for part D of title 
     IX of the Higher Education Act shall be available to fund new 
     and noncompeting continuation awards for academic year 1998-
     1999 for fellowships awarded under part C of title IX of said 
     Act, under the terms and conditions of part C: Provided 
     further, That from the funds made available under Part A of 
     title X of the Higher Education Act, $1,000,000 shall be 
     awarded to the Advanced Technical Center at Mexico, Missouri 
     for the delivery of technical education in cooperation with 
     community colleges and State technical schools and $3,000,000 
     shall be for the delivery of technical education and distance 
     learning at Empire State College in New York.


                           HOWARD UNIVERSITY

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


         COLLEGE HOUSING AND ACADEMIC FACILITIES LOANS PROGRAM

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


 historically black college and university capital financing, program 
                                account

       The total amount of bonds insured pursuant to section 724 
     of title VII, part B of the Higher Education Act shall not 
     exceed $357,000,000, and the cost, as defined in section 502 
     of the Congressional Budget Act of 1974, of such bonds shall 
     not exceed zero.
       For administrative expenses to carry out the Historically 
     Black College and University Capital Financing Program 
     entered into pursuant to title VII, part B of the Higher 
     Education Act, as amended, $104,000.


            education research, statistics, and improvement

       For carrying out activities authorized by the Educational 
     Research, Development, Dissemination, and Improvement Act of 
     1994, including part E; the National Education Statistics Act 
     of 1994; section 2102 of title II, and parts A, B, I, and K 
     and section 10601 of title X, and part C of title XIII of the 
     Elementary and Secondary Education Act of 1965, as amended, 
     and title VI of Public Law 103-227, $431,438,000: Provided, 
     That of the amount provided for section 10101 of part A of 
     title X of the Elementary and Secondary Education Act, 
     $1,000,000 shall be awarded to the National Museum of Women 
     in the Arts; $500,000 shall be for enhanced teacher training 
     in reading in the District of Columbia; $5,000,000 shall be 
     for innovative learning opportunities for at-risk children at 
     children's museums in Philadelphia, Baltimore, Boston and 
     museums in Chicago; $8,000,000 shall be for a demonstration 
     of public school facilities repair and construction to the 
     Iowa Department of Education; $350,000 shall be awarded to 
     the White Plains City School District to expand an after 
     school program; $100,000 shall be for the Montgomery County, 
     Pennsylvania library network; $55,000 shall be awarded to the 
     St. Stephen Life Center in Louisville, Kentucky; and 
     $25,000,000 shall be available to demonstrate effective 
     approaches to comprehensive school reform to be allocated and 
     expended in accordance with the instructions relating to this 
     proviso in the statement of managers on the conference report 
     accompanying this Act: Provided further, That the funds made 
     available for comprehensive school reform shall become 
     available on July 1, 1998, and remain available through 
     September 30, 1999, and in carrying out this initiative, the 
     Secretary and the States shall support only approaches that 
     show the most promise of enabling children to meet 
     challenging State content standards and challenging State 
     student performance standards based on reliable research and 
     effective practices, and include an emphasis on basic 
     academics and parental involvement: Provided further, That--
       (1) of the amount appropriated under this heading and 
     notwithstanding any other provision of law, the Secretary of 
     Education may award $1,000,000 to a State educational agency 
     (as defined in section 14101 of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 8801)) to pay for 
     appraisals, resource studies, and other expenses associated 
     with the exchange of State school trust lands within the 
     boundaries of a national monument for Federal lands outside 
     the boundaries of the monument; and
       (2) the State educational agency is eligible to receive a 
     grant under paragraph (1) only if the agency serves a State 
     that--
       (A) has a national monument declared within the State under 
     the authority of the Act entitled ``An Act for the 
     preservation of American antiquities'', approved June 8, 1906 
     (16 U.S.C. 431 et seq.) (commonly known as the Antiquities 
     Act of 1906) that incorporates more than 100,000 acres of 
     State school trust lands within the boundaries of the 
     national monument; and
       (B) ranks in the lowest 25 percent of all States when 
     comparing the average per pupil expenditure (as defined in 
     section 14101 of the Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 8801)) in the State to the average per 
     pupil expenditure for each State in the United States.


                INSTITUTE OF MUSEUM AND LIBRARY SERVICES

       For carrying out subtitle B of the Museum and Library 
     Services Act, $146,340,000.

                        Departmental Management


                         PROGRAM ADMINISTRATION

       For carrying out, to the extent not otherwise provided, the 
     Department of Education Organization Act, including rental of 
     conference rooms in the District of Columbia and hire of two 
     passenger motor vehicles, $341,064,000.


                        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, $61,500,000.


                    OFFICE OF THE INSPECTOR GENERAL

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

                           GENERAL PROVISIONS

       Sec. 301. No funds appropriated in this Act may be used for 
     the transportation of students or teachers (or for the 
     purchase of equipment for such transportation) in order to 
     overcome racial imbalance in any school or school system, or 
     for the transportation of students or teachers (or

[[Page H10221]]

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


                          (TRANSFER OF FUNDS)

       Sec. 304. Not to exceed 1 percent of any discretionary 
     funds (pursuant to the Balanced Budget and Emergency Deficit 
     Control Act, as amended) which are appropriated for the 
     Department of Education in this Act may be transferred 
     between appropriations, but no such appropriation shall be 
     increased by more than 3 percent by any such transfer: 
     Provided, That the Appropriations Committees of both Houses 
     of Congress are notified at least fifteen days in advance of 
     any transfer.
       Sec. 305. (a) Notwithstanding any other provision of 
     Federal law, no funds provided to the Department of Education 
     or to an applicable program (as defined in section 400(c)(10) 
     of the General Education Provisions Act (20 USC 1221(c)(1))), 
     in this Act or in any other Act in fiscal year 1998, may be 
     used to field test, pilot test, implement, administer or 
     distribute in any way, any national tests.
       (b) Exception.--Subsection (a) shall not apply to the Third 
     International Math and Science Study or the National 
     Assessment of Educational Progress.
       Sec. 306. (a) Study.--The National Academy of Sciences, in 
     consultation with the National Governors Association, the 
     National Conference of State Legislatures, the White House, 
     the National Assessment Governing Board, and the Congress, 
     shall conduct a feasibility study to determine if an 
     equivalency scale can be developed that would allow test 
     scores from commercially available standardized tests and 
     State assessments to be compared with each other and the 
     National Assessment of Educational Progress.
       (b) Report of Findings to Congress.--(1) The National 
     Academy of Sciences shall submit a written report to the 
     White House, the Committee on Education and the Workforce in 
     the House of Representatives, the Committee on Labor and 
     Human Resources in the Senate, and the Committees on 
     Appropriations of the House of Representatives and the Senate 
     not later than September 1, 1998.
       (2) The National Academy of Sciences shall submit an 
     interim report no later than June 15, 1998.
       Sec. 307(a). National Assessment Governing Board. 
     Notwithstanding any other provision of law, the exclusive 
     authority over all policies, direction, and guidelines for 
     developing voluntary national tests pursuant to contract 
     RJ97153001 previously entered into between the United States 
     Department of Education and the American Institutes for 
     Research and executed on August 15, 1997, shall be vested in 
     the National Assessment Governing Board established under 
     section 412 of the National Education Statistics Act of 1994 
     (20 USC 9011); Provided, That within 90 days after the date 
     of enactment of this Act, the Board shall review the national 
     test development contract in effect on the date of enactment 
     of this Act, and modify the contract as the Board determines 
     necessary and not inconsistent with this Act or applicable 
     laws: Provided further, That if the contract cannot be 
     modified to the extent determined necessary by the Board, the 
     contract shall be terminated and the Board shall negotiate a 
     new contract, under the Board's exclusive control, for the 
     tests, not inconsistent with this Act or applicable laws.
       (b) In carrying out its exclusive authority for developing 
     voluntary national tests pursuant to contract RJ97153001, any 
     subsequent contract related thereto, or any contract 
     modification pursuant to subsection (a), the National 
     Assessment Governing Board shall determine--
       (1) the extent to which test items selected for use on the 
     tests are free from racial, cultural or gender bias;
       (2) whether the test development process and test items 
     adequately assess student reading and mathematics 
     comprehension in the form most likely to yield accurate 
     information regarding student achievement in reading and 
     mathematics;
       (3) whether the test development process and test items 
     take into account the needs of disadvantaged, limited English 
     proficient and disabled students; and
       (4) whether the test development process takes into account 
     how parents, guardians, and students will appropriately be 
     informed about testing content, purpose and uses.
       Sec. 308. Study.--The National Academy of Sciences shall, 
     not later than September 1, 1998, submit a written report to 
     the Committee on Education and the Workforce in the House of 
     Representatives, the Committee on Labor and Human Resources 
     in the Senate, and the Committees on Appropriations in the 
     House and Senate that evaluates all test items developed or 
     funded by the Department of Education or any other agency of 
     the Federal government pursuant to contract RJ97153001, any 
     subsequent contract related thereto, or any contract 
     modification by the National Assessment Governing Board 
     pursuant to section 307 of this Act, for--
       (A) the technical quality of any test items for 4th grade 
     reading and 8th grade mathematics;
       (B) the validity, reliability, and adequacy of developed 
     test items;
       (C) the validity of any developed design which links test 
     results to student performance;
       (D) the degree to which any developed test items provide 
     valid and useful information to the public;
       (E) whether the test items are free from racial, cultural, 
     or gender bias;
       (F) whether the test items address the needs of 
     disadvantaged, limited English proficient and disabled 
     students; and,
       (G) whether the test items can be used for tracking, 
     graduation or promotion of students.
       Sec. 309. (a) Study--The National Academy of Sciences shall 
     conduct a study and make written recommendations on 
     appropriate methods, practices, and safeguards to ensure 
     that--
       (1) existing and new tests that are used to assess student 
     performance are not used in a discriminatory manner or 
     inappropriately for student promotion, tracking or 
     graduation; and
       (2) existing and new tests adequately assess student 
     reading and mathematics comprehension in the form most likely 
     to yield accurate information regarding student achievement 
     of reading and mathematics skills.
       (b) Report to Congress.--The National Academy of Sciences 
     shall submit a written report to the White House, the 
     National Assessment Governing Board, the Committee on 
     Education and the Workforce in the House of Representatives, 
     the Committee on Labor and Human Resources in the Senate, and 
     the Committees on Appropriations in the House and Senate not 
     later than September 1, 1998.
       Sec. 310. (a) The Federal Government shall not require any 
     State or local educational agency or school to administer or 
     implement any pilot or field test in any subject or grade, 
     nor shall the Federal government require any student to take 
     any national test in any subject or grade.
       (b) Nothing in section 309(a) shall be construed as 
     affecting the National Assessment of Educational Progress or 
     the Third International Math and Science Study.
       Sec. 311. No Federal, State or local educational agency may 
     require any private or parochial school student, or home-
     schooled individual, to take any pilot or field test 
     developed under this Act, contract RJ97153001, or any 
     contract related thereto, without the written consent of the 
     parents or legal guardians of the student or individual.
       Sec. 312. Notwithstanding any other provision of law, any 
     institution of higher education which receives funds under 
     title III of the Higher Education Act, except for grants made 
     under section 326, may use up to twenty percent of its award 
     under part A or part B of the Act for endowment building 
     purposes authorized under section 331. Any institution 
     seeking to use part A or part B funds for endowment building 
     purposes shall indicate such intention in its application to 
     the Secretary and shall abide by departmental regulations 
     governing the endowment challenge grant program.


                          (transfer of funds)

       Sec. 313. Notwithstanding any other provision of the Higher 
     Education Act, $280,000,000 of the balances of returned 
     reserves, formerly held by the Higher Education Assistance 
     Foundation, that are currently held in Higher Education 
     Assistance Claims Reserves, Treasury account number 91X6192, 
     shall be transferred to Miscellaneous Receipts of the 
     Treasury, within 60 days of enactment of this Act.


                               impact aid

       Sec. 314. (a) In General.--From funds made available to 
     carry out section 3(d)(2)(B) of the Act of September 30, 1950 
     (Public Law 874, 81st Congress) for fiscal year 1994 that 
     remain after making 100 percent of the payments local 
     educational agencies are eligible to receive under such 
     section for such fiscal year, the Secretary of Education 
     shall make payments to applications for fiscal year 1996 
     pursuant to subsection (b).
       (b) Award Basis.--
       (1) In general.--Except as provided in paragraph (2), the 
     Secretary of Education shall make a payment to each applicant 
     in an amount that bears the same relation to the total amount 
     of remaining funds described in subsection (a) as the number 
     of children who were in average daily attendance in the 
     schools served by the applicant for fiscal year 1996 bears to 
     the total number of all such children in the schools served 
     by all applicants for such year.
       (2) Special rule.--Any applicant that had less than 200 
     children in average daily attendance in the schools served by 
     the applicant for fiscal year 1996 shall receive a payment 
     under this section for fiscal year 1996 in an amount equal to 
     not less than $175,000.
       (3) Data.--For purposes of computing payments under this 
     section, the Secretary of Education shall use data that--
       (A) was included in each applicant's application for 
     assistance under section 8003 of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 7703) for fiscal year 1996; 
     and
       (B) is verified by the Secretary.
       (c) Definition of Applicant.--For purposes of this section, 
     the term ``applicant'' means an applicant for assistance 
     under section 8003 of the Elementary and Secondary Education 
     Act of 1965 for fiscal year 1996 having 1 of the following 
     applicant numbers for such year:
       (1) 51-0904.
       (2) 51-4203.
       (3) 51-1903.
       (4) 51-0010.
       (5) 51-0811.
       (6) 51-2101.
       Sec. 315. Section 10304 of the Elementary and Secondary 
     Education Act of 1965 is amended by adding at the end the 
     following:

[[Page H10222]]

       ``(g) Tribally Controlled Schools.--Each State that 
     receives a grant under this part and designates a tribally 
     controlled school as a charter school shall not consider 
     payments to a school under the Tribally Controlled Schools 
     Act of 1986 (25 U.S.C. 2507) in determining--
       ``(1) the eligibility of the school to receive any other 
     Federal, State, or local aid; or
       ``(2) the amount of such aid.''
       This title may be cited as the ``Department of Education 
     Appropriations Act, 1998''.

                       TITLE IV--RELATED AGENCIES

                      Armed Forces Retirement Home

       For expenses necessary for the Armed Forces Retirement Home 
     to operate and maintain the United States Soldiers' and 
     Airmen's Home and the United States Naval Home, to be paid 
     from funds available in the Armed Forces Retirement Home 
     Trust Fund, $68,669,000, of which $13,217,000 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, notwithstanding any other provision of law, a single 
     contract or related contracts for the development and 
     construction at the United States Soldiers' and Airmen's 
     Home, to include renovation of the Sheridan building, may be 
     employed which collectively include the full scope of the 
     project: Provided further, That the solicitation and contract 
     shall contain the clause ``availability of funds'' found at 
     48 CFR 52.232-18 and 252.232-7007 Limitation of Government 
     Obligation.

             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, $256,604,000.

                  Corporation for Public Broadcasting

       For payment to the Corporation for Public Broadcasting, as 
     authorized by the Communications Act of 1934, an amount which 
     shall be available within limitations specified by that Act, 
     for the fiscal year 2000, $300,000,000: Provided, That no 
     funds made available to the Corporation for Public 
     Broadcasting by this Act shall be used to pay for receptions, 
     parties, or similar forms of entertainment for Government 
     officials or employees: Provided further, That none of the 
     funds contained in this paragraph shall be available or used 
     to aid or support any program or activity from which any 
     person is excluded, or is denied benefits, or is 
     discriminated against, on the basis of race, color, national 
     origin, religion, or sex.

               Federal Mediation and Conciliation Service


                         salaries and expenses

       For expenses necessary for the Federal Mediation and 
     Conciliation Service to carry out the functions vested in it 
     by the Labor Management Relations Act, 1947 (29 U.S.C. 171-
     180, 182-183), including hire of passenger motor vehicles; 
     and for expenses necessary for the Labor-Management 
     Cooperation Act of 1978 (29 U.S.C. 175a); and for expenses 
     necessary for the Service to carry out the functions vested 
     in it by the Civil Service Reform Act, Public Law 95-454 (5 
     U.S.C. chapter 71), $33,481,000, including $1,500,000, to 
     remain available through September 30, 1999, for activities 
     authorized by the Labor-Management Cooperation Act of 1978 
     (29 U.S.C. 175a): Provided, That notwithstanding 31 U.S.C. 
     3302, fees charged, up to full-cost recovery, for special 
     training activities and for arbitration services shall be 
     credited to and merged with this account, and shall remain 
     available until expended: Provided further, That fees for 
     arbitration services shall be available only for education, 
     training, and professional development of the agency 
     workforce: Provided further, That the Director of the Service 
     is authorized to accept on behalf of the United States gifts 
     of services and real, personal, or other property in the aid 
     of any projects or functions within the Director's 
     jurisdiction.

            Federal Mine Safety and Health Review Commission


                         salaries and expenses

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

        National Commission on Libraries and Information Science


                         salaries and expenses

       For necessary expenses for the National Commission on 
     Libraries and Information Science, established by the Act of 
     July 20, 1970 (Public Law 91-345, as amended by Public Law 
     102-95), $1,000,000.

                     National Council on Disability


                         salaries and expenses

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

                     National Education Goals Panel

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

                     National Labor Relations Board


                         salaries and expenses

       For expenses necessary for the National Labor Relations 
     Board to carry out the functions vested in it by the Labor-
     Management Relations Act, 1947, as amended (29 U.S.C. 141-
     167), and other laws, $174,661,000: Provided, That no part of 
     this appropriation shall be available to organize or assist 
     in organizing agricultural laborers or used in connection 
     with investigations, hearings, directives, or orders 
     concerning bargaining units composed of agricultural laborers 
     as referred to in section 2(3) of the Act of July 5, 1935 (29 
     U.S.C. 152), and as amended by the Labor-Management Relations 
     Act, 1947, as amended, and as defined in section 3(f) of the 
     Act of June 25, 1938 (29 U.S.C. 203), and including in said 
     definition employees engaged in the maintenance and operation 
     of ditches, canals, reservoirs, and waterways when maintained 
     or operated on a mutual, nonprofit basis and at least 95 per 
     centum of the water stored or supplied thereby is used for 
     farming purposes: Provided further, That none of the funds 
     made available by this Act shall be used in any way to 
     promulgate a final rule (altering 29 CFR part 103) regarding 
     single location bargaining units in representation cases.

                        National Mediation Board


                         salaries and expenses

       For expenses necessary to carry out the provisions of the 
     Railway Labor Act, as amended (45 U.S.C. 151-188), including 
     emergency boards appointed by the President, $8,600,000: 
     Provided, That unobligated balances at the end of fiscal year 
     1998 not needed for emergency boards shall remain available 
     for other statutory purposes through September 30, 1999.

            Occupational Safety and Health Review Commission


                         salaries and expenses

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

                  Medicare Payment Advisory Commission


                         salaries and expenses

       For expenses necessary to carry out section 1805 of the 
     Social Security Act, $7,015,000, to be transferred to this 
     appropriation from the Federal Hospital Insurance and the 
     Federal Supplementary Medical Insurance Trust Funds.

                       Railroad Retirement Board


                     dual benefits payments account

       For payment to the Dual Benefits Payments Account, 
     authorized under section 15(d) of the Railroad Retirement Act 
     of 1974, $205,500,000, which shall include amounts becoming 
     available in fiscal year 1998 pursuant to section 
     224(c)(1)(B) of Public Law 98-76; and in addition, an amount, 
     not to exceed 2 percent of the amount provided herein, shall 
     be available proportional to the amount by which the product 
     of recipients and the average benefit received exceeds 
     $205,500,000: Provided, That the total amount provided herein 
     shall be credited in 12 approximately equal amounts on the 
     first day of each month in the fiscal year.


          federal payments to the railroad retirement accounts

       For payment to the accounts established in the Treasury for 
     the payment of benefits under the Railroad Retirement Act for 
     interest earned on unnegotiated checks, $50,000, to remain 
     available through September 30, 1999, which shall be the 
     maximum amount available for payment pursuant to section 417 
     of Public Law 98-76.


                      limitation on administration

       For necessary expenses for the Railroad Retirement Board 
     for administration of the Railroad Retirement Act and the 
     Railroad Unemployment Insurance Act, $87,228,000, to be 
     derived in such amounts as determined by the Board from the 
     railroad retirement accounts and from moneys credited to the 
     railroad unemployment insurance administration fund.


             limitation on the office of inspector general

       For expenses necessary for the Office of Inspector General 
     for audit, investigatory and review activities, as authorized 
     by the Inspector General Act of 1978, as amended, not more 
     than $5,794,000, to be derived from the railroad retirement 
     accounts and railroad unemployment insurance account: 
     Provided, That none of the funds made available in any other 
     paragraph of this Act may be transferred to the Office; used 
     to carry out any such transfer; used to provide any office 
     space, equipment, office supplies, communications facilities 
     or services, maintenance services, or administrative services 
     for the Office; used to pay any salary, benefit, or award for 
     any personnel of the Office; used to pay any other operating 
     expense of the Office; or used to reimburse the Office for 
     any service provided, or expense incurred, by the Office: 
     Provided further, That none of the funds made available in 
     this paragraph may be used for any audit, investigation, or 
     review of the Medicare Program.

                     Social Security Administration


                payments to social security trust funds

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


               special benefits for disabled coal miners

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


                  supplemental security income program

       For carrying out titles XI and XVI of the Social Security 
     Act, section 401 of Public Law 92-603, section 212 of Public 
     Law 93-66, as amended, and section 405 of Public Law 95-216, 
     including payment to the Social Security trust funds for 
     administrative expenses

[[Page H10223]]

     incurred pursuant to section 201(g)(1) of the Social Security 
     act, $16,160,000,000, to remain available until expended: 
     Provided, That any portion of the funds provided to a State 
     in the current fiscal year and not obligated by the State 
     during that year shall be returned to the treasury.
       From funds provided under the previous paragraph, not less 
     than $100,000,000 shall be available for payment to the 
     Social Security trust funds for administrative expenses for 
     conducting continuing disability reviews.
       In addition, $175,000,000, to remain available until 
     September 30, 1999, for payment to the Social Security trust 
     funds for administrative expenses for continuing disability 
     reviews as authorized by section 103 of Public Law 104-121 
     and Supplemental Security Income administrative work as 
     authorized by Public Law 104-193. The term ``continuing 
     disability reviews'' means reviews and redeterminations as 
     defined under section 201(g)(1)(A) of the Social Security 
     Act, as amended, and reviews and redeterminations authorized 
     under section 211 of Public Law 104-193.
       For making, after June 15 of the current fiscal year, 
     benefit payments to individuals under title XVI of the Social 
     Security act, for unanticipated costs incurred for the 
     current fiscal year, such sums as may be necessary.
       For making benefit payments under title XVI of the Social 
     Security Act for the first quarter of fiscal year 1999, 
     $8,680,000,000, to remain available until expended.


                 limitation on administrative expenses

       For necessary expenses, including the hire of two passenger 
     motor vehicles, and not to exceed $10,000 for official 
     reception and representation expenses, not more than 
     $5,894,040,000 may be expended, as authorized by section 
     201(a)(1) of the Social Security Act, from any one or all of 
     the trust funds referred to therein: Provided, That not less 
     than $1,600,000 shall be for the Social Security Advisory 
     Board: Provided further, That unobligated balances at the end 
     of fiscal year 1998 not needed for fiscal year 1998 shall 
     remain available until expended for a state-of-the-art 
     computing network, including related equipment and non-
     payroll administrative expenses associated solely with this 
     network: Provided further, That reimbursement to the trust 
     funds under this heading for expenditures for official time 
     for employees of the Social Security Administration pursuant 
     to section 7131 of title 5, United States Code, and for 
     facilities or support services for labor organizations 
     pursuant to policies, regulations, or procedures referred to 
     in section 7135(b) of such title shall be made by the 
     Secretary of the Treasury, with interest, from amounts in the 
     general fund not otherwise appropriated, as soon as possible 
     after such expenditures are made.
       From funds provided under the previous paragraph, 
     notwithstanding the provision under this heading in Public 
     Law 104-208 regarding unobligated balances at the end of 
     fiscal year 1997 not needed for such fiscal year, an amount 
     not to exceed $50,000,000 from such unobligated balances 
     shall, in addition to funding already available under this 
     heading for fiscal year 1998, be available for necessary 
     expenses.
       From funds provided under the first paragraph, not less 
     than $200,000,000 shall be available for conducting 
     continuing disability reviews.
       In addition to funding already available under this 
     heading, and subject to the same terms and conditions, 
     $290,000,000, to remain available until September 30, 1999, 
     for continuing disability reviews as authorized by section 
     103 of Public Law 104-121, section 10203 of Public Law 105-33 
     and Supplemental Security Income administrative work as 
     authorized by Public Law 104-193. The term ``continuing 
     disability reviews'' means reviews and redeterminations as 
     defined under section 201(g)(1)(A) of the Social Security Act 
     as amended, and reviews and redeterminations authorized under 
     section 211 of Public Law 104-193.
       In addition to funding already available under this 
     heading, and subject to the same terms and conditions, 
     $190,000,000, which shall remain available until expended, to 
     invest in a state-of-art computing network, including related 
     equipment and non-payroll administrative expenses associated 
     solely with this network, for the Social Security 
     Administration and the State Disability Determination 
     Services, may be expended from any or all of the trust funds 
     as authorized by section 201(g)(1) of the Social Security 
     Act.
       In addition, $35,000,000 to be derived from administration 
     fees in excess of $5.00 per supplementary payment collected 
     pursuant to section 1611(d) of the Social Security Act or 
     section 212(b)(3) of Public Law 93-66, which shall remain 
     available until expended. To the extent that the amounts 
     collected pursuant to such section 1616(d) or 212(b)(3) in 
     fiscal year 1998 exceed $35,000,000, the amounts shall be 
     available in fiscal year 1999 only to the extent provided in 
     advance in appropriations Acts.


                      office of inspector general

                     (including transfer of funds)

       For expenses necessary for the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978, as amended, $10,164,000, together with not to exceed 
     $38,260,000, to be transferred and expended as authorized by 
     section 201(g)(1) of the Social Security Act from the Federal 
     Old-Age and Survivors Insurance Trust Fund and the Federal 
     Disability Insurance Trust Fund.
       In addition, an amount not to exceed 3 percent of the total 
     provided in this appropriation may be transferred from the 
     ``Limitation on Administration Expenses'', Social Security 
     Administration, to be merged with this account, to be 
     available for the time and purposes for which this account is 
     available: Provided, That notice of such transfers shall be 
     transmitted promptly to the Committee on Appropriations of 
     the House and Senate.

                    United States Institute of Peace


                           operating expenses

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

                      TITLE V--GENERAL PROVISIONS

       Sec. 501. The Secretaries of Labor, Health and Human 
     Services, and Education are authorized to transfer unexpended 
     balances of prior appropriations to accounts corresponding to 
     current appropriations provided in this Act: Provided, That 
     such transferred balance are used for the same purpose, and 
     for the same periods of time, for which they were originally 
     appropriated.
       Sec. 502. No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.
       Sec. 503. (a) No part of any appropriation contained in 
     this Act shall be used, other than for normal and recognized 
     executive-legislative relationships, for publicity or 
     propaganda purposes, for the preparation, distribution, or 
     use of any kit, pamphlet, booklet, publication, radio, 
     television, or video presentation designed to support or 
     defeat legislation pending before the Congress or any State 
     legislature, except in presentation to the Congress or any 
     State legislature itself.
       (b) No part of any appropriation contained in this Act 
     shall be used to pay the salary or expenses of any grant or 
     contract recipient, or agent acting for such recipient, 
     related to any activity designed to influence legislation or 
     appropriations pending before the Congress or any State 
     legislature.
       Sec. 504. The Secretaries of Labor and Education are each 
     authorized to make available not to exceed $15,000 from funds 
     available for salaries and expenses under titles I and III, 
     respectively, for official reception and representation 
     expenses; the Director of the Federal Mediation and 
     Conciliation Service is authorized to make available for 
     official reception and representation expenses not to exceed 
     $2,500 from funds available for ``Salaries and expenses, 
     Federal Mediation and Conciliation Service''; and the 
     Chairman of the National Mediation Board is authorized to 
     make available for official reception and representation 
     expenses not to exceed $2,500 from funds available for 
     ``Salaries and expenses, National Mediation Board''.
       Sec. 505. Notwithstanding any other provision of this Act, 
     no funds appropriated under this Act shall be used to carry 
     out any program of distributing sterile needles or syringes 
     for the hypodermic injection of any illegal drug.
       Sec. 506. Section 505 is subject to the condition that 
     after March 31, 1998, a program for exchanging such needles 
     and syringes for used hypodermic needles and syringes 
     (referred to in this section as an ``exchange project'') may 
     be carried out in a community if--
       (1) the Secretary of Health and Human Services determines 
     that exchange projects are effective in preventing the spread 
     of HIV and do not encourage the use of illegal drugs; and
       (2) the project is operated in accordance with criteria 
     established by such Secretary for preventing the spread of 
     HIV and for ensuring that the project does not encourage the 
     use of illegal drugs.
       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.
       (c) Prohibition of Contracts With Persons Falsely Labeling 
     Products as Made in America.--If it has been finally 
     determined by a court or Federal agency that any person 
     intentionally affixed a label bearing a ``Made in America'' 
     inscription, or any inscription with the same meaning, to any 
     product sold in or shipped to the United States that is not 
     made in the United States, the person shall be ineligible to 
     receive any contract or subcontract made with funds made 
     available in this Act, pursuant to the debarment, suspension, 
     and ineligibility procedures described in sections 9.400 
     through 9.409 of title 48, Code of Federal Regulations.
       Sec. 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 
     included in this Act, including but not limited to State and 
     local governments and recipients of Federal research grants, 
     shall clearly state (1) the percentage of the total costs of 
     the program or project which will be financed with Federal 
     money, (2) the dollar amount of Federal funds for the project 
     or program, and (3) percentage and dollar amount of the total 
     costs of the project or program that will be financed by 
     nongovernmental sources.
       Sec. 509. (a) None of the funds appropriated under this Act 
     shall be expended for any abortion.
       (b) None of the funds appropriated under this Act shall be 
     expended for health benefits coverage that includes coverage 
     of abortion.
       (c) The term ``health benefits coverage'' means the package 
     of services covered by a managed care provider or 
     organization pursuant to a contract or other arrangement.
       Sec. 510. (a) The limitations established in the preceding 
     section shall not apply to an abortion--

[[Page H10224]]

       (1) if the pregnancy is the result of an act of rape or 
     incest; or
       (2) in the case where a woman suffers from a physical 
     disorder, physical injury, or physical illness, including a 
     life-endangering physical condition caused by or arising from 
     the pregnancy itself, that would, as certified by a 
     physician, place the woman in danger of death unless an 
     abortion is performed.
       (b) Nothing in the preceding section shall be construed as 
     prohibiting the expenditure by a State, locality, entity, or 
     private person of State, local, or private funds (other than 
     a State's or locality's contribution of Medicaid matching 
     funds).
       (c) Nothing in the preceding section shall be construed as 
     restricting the ability of any managed care provider from 
     offering abortion coverage or the ability of a State or 
     locality to contract separately with such a provider for such 
     coverage with State funds (other than a State's or locality's 
     contribution of Medicaid matching funds).
       Sec. 511. Notwithstanding any other provision of law--
       (1) no amount may be transferred from an appropriation 
     account for the Departments of Labor, Health and Human 
     Services, and Education except as authorized in this or any 
     subsequent appropriation Act, or in the Act establishing the 
     program or activity for which funds are contained in this 
     Act;
       (2) no department, agency, or other entity, other than the 
     one responsible for administering the program or activity for 
     which an appropriation is made in this Act, may exercise 
     authority for the timing of the obligation and expenditure of 
     such appropriation, or for the purpose for which it is 
     obligated and expended, except to the extent and in the 
     manner otherwise provided in sections 1512 and 1513 of title 
     31, United States Code; and
       (3) no funds provided under this Act shall be available for 
     the salary (or any part thereof) of an employee who is 
     reassigned on a temporary detail basis to another position in 
     the employing agency or department or in any other agency or 
     department, unless the detail is independently approved by 
     the head of the employing department or agency.
       Sec. 512. None of the funds made available in this Act may 
     be used to enforce the requirements of section 
     428(b)(1)(U)(iii) of the Higher Education Act of 1965 with 
     respect to any lender when it is made known to the Federal 
     official having authority to obligate or expend such funds 
     that the lender has a loan portfolio under part B of title IV 
     of such Act that is equal to or less than $5,000,000.
       Sec. 513. (a) None of the funds made available in this Act 
     may be used for--
       (1) the creation of a human embryo or embryos for research 
     purposes; or
       (2) research in which a human embryo or embryos are 
     destroyed, discarded, or knowingly subjected to risk of 
     injury or death greater than that allowed for research on 
     fetuses in utero under 45 CFR 46.208(a)(2) and section 498(b) 
     of the Public Health Service Act (42 U.S.C. 289g(b)).
       (b) For purposes of this section, the term ``human embryo 
     or embryos'' include any organisms, not protected as a human 
     subject under 45 CFR 46 as of the date of the enactment of 
     this Act, that is derived by fertilization, parthenogenesis, 
     cloning, or any other means from one or more human gametes or 
     human diploid cells.
       Sec. 514. (a) Limitation on Use of Funds for Promotion of 
     Legalization of Controlled Substances.--None of the funds 
     made available in this Act may be used for any activity when 
     it is made known to the Federal official having authority to 
     obligate or expend such funds that the activity promotes the 
     legalization of any drug or other substance included in 
     schedule I of the schedules of controlled substances 
     established by section 202 of the Controlled Substances Act 
     (21 U.S.C. 812).
       (b) Exceptions.--The limitation in subsection (a) shall not 
     apply when it is made known to the Federal official having 
     authority to obligate or expend such funds that there is 
     significant medical evidence of a therapeutic advantage to 
     the use of such drug or other substance or that Federally-
     sponsored clinical trials are being conducted to determine 
     therapeutic advantage.
       Sec. 515. None of the funds made available in this Act may 
     be obligated or expended to enter into or renew a contract 
     with an entity when it is made known to the Federal official 
     having authority to obligate or expend such funds that--
       (1) such entity is otherwise a contractor with the United 
     States and is subject to the requirement in section 4212(d) 
     of title 38, United States Code, regarding submission of an 
     annual report to the Secretary of Labor concerning employment 
     of certain veterans; and
       (2) such entity has not submitted a report as required by 
     that section for the most recent year for which such 
     requirement was applicable to such entity.
       Sec. 516. (a) Fees for Federal Administration of State 
     Supplementary SSI Payments.--
       (1) Optional state supplementary payments.--
       (A) In general.--Section 1616(d)(2)(B) of the Social 
     Security Act (42 U.S.C. 1382e(d)(2)(B) is amended--
       (i) by striking ``and'' at the end of clause (iii); and
       (ii) by striking clause (iv) and inserting the following:
       ``(iv) for fiscal year 1997, $5.00;
       ``(v) for fiscal year 1998, $6.20;
       ``(vi) for fiscal year 1999, $7.60;
       ``(vii) for fiscal year 2000, $7.80;
       ``(viii) for fiscal year 2001, $8.10;
       ``(ix) for fiscal year 2002, $8.50; and
       ``(x) for fiscal year 2003 and each succeeding fiscal 
     year--
       ``(I) the applicable rate in the preceding fiscal year, 
     increased by the percentage, if any, by which the Consumer 
     Price Index for the month of June of the calendar year of the 
     increase exceeds the Consumer Price Index for the month of 
     June of the calendar year preceding the calendar year of the 
     increase, and rounded to the nearest whole cent; or
       ``(II) such different rate as the Commissioner determines 
     is appropriate for the State.''.
       (B) Conforming amendment.--Section 1616(d)(2)(C) of such 
     Act (42 U.S.C. 1382e(d)(2)(C) is amended by striking 
     ``(B)(iv)'' and insert ``(B)(x)(II)''.
       (2) Mandatory state supplementary payments.--
       (A) In general.--Section 212(b)(3)(B)(ii) of Public Law 93-
     66 (42 U.S.C. 1382 note) is amended--
       (i) by striking ``and'' at the end of subclause (III); and
       (ii) by striking subclause (IV) and inserting the 
     following:
       ``(IV) for fiscal year 1997, $5.00;
       ``(V) for fiscal year 1998, $6.20;
       ``(VI) for fiscal year 1999, $7.60;
       ``(VII) for fiscal year 2000, $7.80;
       ``(VIII) for fiscal year 2001, $8.10;
       ``(IX) for fiscal year 2002, $8.50; and
       ``(X) for fiscal year 2003 and each succeeding fiscal 
     year--
       ``(aa) the applicable rate in the preceding fiscal year, 
     increased by the percentage, if any, by which the Consumer 
     Price Index for the month of June of the calendar year of the 
     increase exceeds the Consumer Price Index for the month of 
     June of the calendar year preceding the calendar year of the 
     increase, and rounded to the nearest whole cent; or
       ``(bb) such different rate as the Commissioner determines 
     is appropriate for the State.''.
       (B) Conforming amendment.--Section 212(b)(3)(B)(iii) of 
     such Act (42 U.S.C. 1382 note) is amended by striking 
     ``(ii)(IV)'' and insert ``(ii)(X)(bb)''.
       (b) Use of New Fees To Defray the Social Security 
     Administration's Administrative Expenses.--
       (1) Credit to special fund for fiscal year 1998 and 
     subsequent years.--
       (A) Optional state supplementary payment fees.--Section 
     1616(d)(4) of the Social Security Act (42 U.S.C. 1382e(d)(4)) 
     is amended to read as follows:
       ``(4)(A) The first $5 of each administration fee assessed 
     pursuant to paragraph (2), upon collection, shall be 
     deposited in the general fund of the Treasury of the United 
     States as miscellaneous receipts.
       ``(B) That portion of each administration fee in excess of 
     $5, and 100 percent of each additional services fee charged 
     pursuant to paragraph (3), upon collection for fiscal year 
     1998 and each subsequent fiscal year, shall be credited to a 
     special fund established in the Treasury of the United States 
     for State supplementary payment fees. The amount so credited, 
     to the extent and in the amounts provided in advance in 
     appropriations Acts, shall be available to defray expenses 
     incurred in carrying out this title and related laws.''.
       (B) Mandatory state supplementary payment fees.--Section 
     212(b)(3)(D) of Public Law 93-66 (42 U.S.C. 1382 note) is 
     amended to read as follows:
       ``(D)(i) The first $5 of each administration fee assessed 
     pursuant to subparagraph (B), upon collection, shall be 
     deposited in the general fund of the Treasury of the United 
     States as miscellaneous receipts.
       ``(ii) The portion of each administration fee in excess of 
     $5, and 100 percent of each additional services fee charged 
     pursuant to subparagraph (C), upon collection for fiscal year 
     1998 and each subsequent fiscal year, shall be credited to a 
     special fund established in the Treasury of the United States 
     for State supplementary payment fees. The amounts so 
     credited, to the extent and in the amounts provided in 
     advance in appropriations Acts, shall be available to defray 
     expenses incurred in carrying out this section and title XVI 
     of the Social Security Act and related laws.''.
       (2) Limitation so authorization of appropriations.--From 
     amounts credited pursuant to section 1616(d)(4)(B) of the 
     Social Security Act and section 212(b)(3)(D)(ii) of Public 
     Law 93-66 to the special fund established in the Treasury of 
     the United States for State supplementary payment fees, there 
     is authorized to be appropriated an amount not to exceed 
     $35,000,000 for fiscal year 1998, and such sums as may be 
     necessary for each fiscal year thereafter, for administrative 
     expenses in carrying out the supplemental security income 
     program under title XVI of the Social Security Act and 
     related laws.
       Sec. 517. Section 520(c)(2)(D) of the Departments of Labor, 
     Health and Human Services, and Education, and Related 
     Agencies Appropriations Act, 1997, is amended by striking 
     ``September 30, 1997'' and inserting in lieu thereof 
     ``December 31, 1997''.
       Sec. 518. None of the funds made available in this Act may 
     be used to pay the expenses of an election officer appointed 
     by a court to oversee an election of any officer or 
     trustee for the International Brotherhood of Teamsters.
       Sec. 519. Subsection (k) of section 9302 of the Balanced 
     Budget Act of 1997, as added by section 1604(f)(3) of the 
     Taxpayer Relief of Act of 1997, is repealed.

                       TITLE VI--OTHER PROVISIONS

       Sec. 601. The amount of the DSH allotment for the State of 
     Minnesota for fiscal year 1998, specified in the table under 
     section 1923(f)(2) of the Social Security Act (as amended by 
     section 4721(a)(1) of Public Law 105-33) is deemed to be 
     $33,000,000.
       Sec. 602. Notwithstanding section 1923(f)(2) of the Social 
     Security Act (42 U.S.C. 1396r-4(f)(2)) (as amended by section 
     4721(a)(1) of the Balanced Budget Act of 1997 (Public Law 
     105-33;

[[Page H10225]]

     111 Stat. 511)), the amount of the DSH allotment for Wyoming 
     for fiscal year 1998 is deemed to be $67,000.


                      parkinson's disease research

       Sec. 603. (a) Short Title.--This section may be cited as 
     the ``Morris K. Udall Parkinson's Research Act of 1997''.
       (b) Finding and Purpose.--
       (1) Finding.--Congress finds that to take full advantage of 
     the tremendous potential for finding a cure or effective 
     treatment, the Federal investment in Parkinson's must be 
     expanded, as well as the coordination strengthened among the 
     National Institutes of Health research institutes.
       (2) Purpose.--It is the purpose of this section to provide 
     for the expansion and coordination of research regarding 
     Parkinson's, and to improve care and assistance for afflicted 
     individuals and their family caregivers.
       (c) Parkinson's Research.--Part B of title IV of the Public 
     Health Service Act (42 U.S.C. 284 et seq.) is amended by 
     adding at the end the following:


                         ``parkinson's disease

       ``Sec. 409B. (a) In General.--The Director of NIH shall 
     establish a program for the conduct and support of research 
     and training with respect to Parkinson's disease (subject to 
     the extent of amounts appropriated under subsection (e)).
       ``(b) Inter-Institute Coordination.--
       ``(1) In general.--The Director of NIH shall provide for 
     the coordination of the program established under subsection 
     (a) among all of the national research institutes conducting 
     Parkinson's research.
       ``(2) Conference.--Coordination under paragraph (1) shall 
     include the convening of a research planning conference not 
     less frequently than once every 2 years. Each such conference 
     shall prepare and submit to the Committee on Appropriations 
     and the Committee on Labor and Human Resources of the Senate 
     and the Committee on Appropriations and the Committee on 
     Commerce of the House of Representatives a report concerning 
     the conference.
       ``(c) Morris K. Udall Research Centers.--
       ``(1) In general.--The Director of NIH is authorized to 
     award Core Center Grants to encourage the development of 
     innovative multidisciplinary research and provide training 
     concerning Parkinson's. The Director is authorized to award 
     not more than 10 Core Center Grants and designate each center 
     funded under such grants as a Morris K. Udall Center for 
     Research on Parkinson's Disease.
       ``(2) Requirements.--
       ``(A) In general.--With respect to Parkinson's, each center 
     assisted under this subsection shall--
       ``(i) use the facilities of a single institution or a 
     consortium of cooperating institutions, and meet such 
     qualifications as may be prescribed by the Director of the 
     NIH; and
       ``(ii) conduct basic and clinical research.
       ``(B) Discretionary requirements.--With respect to 
     Parkinson's, each center assisted under this subsection may--
       ``(i) conduct training programs for scientists and health 
     professionals;
       ``(ii) conduct programs to provide information and 
     continuing education to health professionals;
       ``(iii) conduct programs for the dissemination of 
     information to the public;
       ``(iv) separately or in collaboration with other centers, 
     establish a nationwide data system derived from patient 
     populations with Parkinson's, and where possible, comparing 
     relevant data involving general populations;
       ``(v) separately or in collaboration with other centers, 
     establish a Parkinson's Disease Information Clearinghouse to 
     facilitate and enhance knowledge and understanding of 
     Parkinson's disease; and
       ``(vi) separately or in collaboration with other centers, 
     establish a national education program that fosters a 
     national focus on Parkinson's and the care of those with 
     Parkinson's.
       (3) Stipends regarding training programs.--A center may use 
     funds provided under paragraph (1) to provide stipends for 
     scientists and health professionals enrolled in training 
     programs under paragraph (2)(B).
       (4) Duration of support.--Support of a center under this 
     subsection may be for a period not exceeding five years. Such 
     period may be extended by the Director of NIH for one or more 
     additional periods of not more than five years if the 
     operations of such center have been reviewed by an 
     appropriate technical and scientific peer review group 
     established by the Director and if such group has recommended 
     to the Director that such period should be extended.
       ``(d) Morris K. Udall Awards for Excellence in Parkinson's 
     Disease Research.--The Director of NIH is authorized to 
     establish a grant program to support investigators with a 
     proven record of excellence and innovation in Parkinson's 
     research and who demonstrate potential for significant future 
     breakthroughs in the understanding of the pathogensis, 
     diagnosis, and treatment of Parkinson's. Grants under this 
     subsection shall be available for a period of not to exceed 5 
     years.
       ``(e) Authorization of Appropriations.--For the purpose of 
     carrying out this section and section 301 and title IV of the 
     Public Health Service Act with respect to research focused on 
     Parkinson's disease, there are authorized to be appropriated 
     up to $100,000,000 for fiscal year 1998, and such sums as may 
     be necessary for each of the fiscal years 1999 and 2000.''.
       Sec. 604. (a) Section 414(a) of the Immigration and 
     Nationality Act (8 U.S.C. 1524(a)) is amended by striking 
     ``fiscal year 1995, fiscal year 1996, and fiscal year 1997'' 
     and inserting ``each of fiscal years 1998 and 1999''.
       (b) The amendment made by subsection (a) shall take effect 
     October 1, 1997.
       Sec. 605. Subparagraphs (B) and (C) of section 1143(a)(2) 
     of the Social Security Act (42 U.S.C. 1320b-13(a)(2)(B), (C)) 
     are each amended by striking ``employee'' and inserting 
     ``employer, employee,''.
       Sec. 606. (a) Notwithstanding any other provision of law, 
     the payments described in subsection (b) shall not be 
     considered income or resources in determining eligible for, 
     or the amount of benefits under, a program or State plan 
     under title XVI or XIX of the Social Security Act.
       (b) The payments described in this subsection are payments 
     made by the Secretary of Defense pursuant to section 657 of 
     the National Defense Authorization Act for Fiscal Year 1997 
     (Public Law 104-201; 110 Stat. 2584).
       Sec. 607. In addition to amounts otherwise made available 
     for payment of obligations in carrying out 49 U.S.C. 5338(a), 
     $50,000,000 shall remain available until expended and to be 
     derived from the Highway Trust Fund: Provided, That 
     $50,000,000 shall be paid from the Mass Transit Account of 
     the Highway Trust Fund to the Federal Transit 
     Administration's formula grants accounts: Provided further, 
     That subsection (c) of section 337 of the Department of 
     Transportation and Related Agencies Appropriations Act, 1998 
     is amended by inserting after ``House and Senate Committees 
     on Appropriations'', the following: ``and the Senate 
     Committee on Commerce, Science, and Transportation''.
       Sec. 608. Clauses (i)(I) and (ii)(II) of section 
     403(a)(5)(A) of the Social Security Act are amended by 
     striking ``during the fiscal year'' in each place it appears 
     and inserting ``during the period permitted under 
     subparagraph (C)(vii) of this paragraph for the expenditure 
     of funds under the grant''.


                  EMERGENCY STUDENT LOAN CONSOLIDATION

       Sec. 609. Short Title.--This section may be cited as the 
     ``Emergency Student Loan Consolidation Act of 1997''.
       (a) References.--Except as otherwise expressly provided, 
     whenever in this section an amendment or repeal is expressed 
     in terms of an amendment to, or repeal of, a section or other 
     provision, the reference shall be considered to be made to a 
     section or other provision of the Higher Education Act of 
     1965 (20 U.S.C. 1001 et seq.).
       (b) Definition of Loans Eligible for Consolidation.--
     Section 428C(a)(4) (20 U.S.C. 1078-3(a)(4)) is amended--
       (1) by redesignating subparagraphs (C) and (D) as 
     subparagraphs (D) and (E), respectively; and
       (2) by inserting after subparagraph (B) the following new 
     subparagraph:
       ``(C) made under part D of this title, except that loans 
     made under such part shall be eligible student loans only for 
     consolidation loans for which the application is received by 
     an eligible lender during the period beginning on the date of 
     enactment of the Emergency Student Loan Consolidation Act of 
     1997 and ending on October 1, 1998;''.
       Terms of Consolidation Loans.--Section 428C(b)(4)(C)(ii) is 
     amended--
       (1) in subclause (I), by inserting after ``consolidation 
     loan'' the following: ``for which the application is received 
     by an eligible lender before the date of enactment of the 
     Emergency Student Loan Consolidation Act of 1997, or on or 
     after October 1, 1998,'';
       (2) by striking ``or'' at the end of subclause (I);
       (3) by inserting ``or (II)'' before the semicolon at the 
     end of subclause (II);
       (4) by redesignating subclause (II) as subclause (III), and
       (5) by inserting after subclause (I) the following new 
     subclause:
       ``(II) by the Secretary, in the case of a consolidation 
     loan for which the application is received by an eligible 
     lender on or after the date of enactment of the Emergency 
     Student Loan Consolidation Act of 1997 and before October 1, 
     1998, except that the Secretary shall pay such interest only 
     on that portion of the loan that repays Federal Stafford 
     Loans for which the student borrower received an interest 
     subsidy under section 428 or Federal Direct Stafford Loans 
     for which the borrower received an interest subsidy under 
     section 455; or''.
       (d) Nondiscrimination in Loan Consolidation.--Section 
     428C(b) is amended by adding at the end the following new 
     paragraph:
       ``(6) Nondiscrimination in Loan Consolidation.--An eligible 
     lender that makes consolidation loans under this section 
     shall not discriminate against any borrower seeking such a 
     loan--
       ``(A) based on the number or type of eligible student loans 
     the borrower seeks to consolidate;
       ``(B) based on the type or category of institution of 
     higher education that the borrower attended;
       ``(C) based on the interest rate to be charged to the 
     borrower with respect to the consolidation loan; or
       ``(D) with respect to the types of repayment schedules 
     offered to such borrower.''.
       (e) Interest Rate.--Section 428C(c)(1) is amended--
       (1) in the first sentence of subparagraph (A), by striking 
     ``(B) or (C)'' and inserting ``(B), (C), or (D)''; and
       (2) by adding at the end the following new subparagraph:
       ``(D) A consolidation loan for which the application is 
     received by an eligible lender on or after the date of 
     enactment of the Emergency Student Loan Consolidation Act of 
     1997 and before October 1, 1998, shall bear interest at an 
     annual rate on the unpaid principal balance of the loan that 
     is equal to the rate specified in section 427A(f), except 
     that the eligible lender may continue to calculate interest 
     on such a loan at the rate previously in effect and defer, 
     until not later than April 1, 1998, the recalculation of the 
     interest on such a loan at the rate required by

[[Page H10226]]

     this subparagraph if the recalculation is applied 
     retroactively to the date on which the loan is made.''.
       (f) Amendments Effective for Pending applicants.--The 
     consolidation loans authorized by the amendments made by this 
     section shall be available notwithstanding any pending 
     application by a student for a consolidation loan under part 
     D of title IV of the Higher Education Act of 1965 (20 U.s.C. 
     1087a et seq.), upon withdrawal of such application by the 
     student at any time prior to receipt of such a consolidation 
     loan.
       (g) Family Contribution for Dependent Students.--
       (1) Parents' available income.--Section 475(c)(1) (20 
     U.S.C. 1087oo(c)(1)) is amended--
       (A) by striking ``and'' at the end of subparagraph (D);
       (B) by striking the period at the end of subparagraph (E) 
     and inserting ``; and''; and
       (C) by adding at the end of the following new subparagraph:
       ``(F) the amount of any tax credit taken by the parents 
     under section 25A of the Internal Revenue Code of 1986.''.
       (2) Student contribution from available income.--Section 
     475(g)(2) is amended--
       (A) by striking ``and'' at the end of subparagraph (C);
       (B) by striking the period at the end of subparagraph (D) 
     and inserting ``;and''; and
       (C) by inserting after subparagraph (D) the following new 
     subparagraph:
       ``(E) the amount of any tax credit taken by the student 
     under section 25A of the Internal Revenue Code of 1986.''.
       (h) Family Contribution for Independent Students Without 
     Dependents Other Than a Spouse.--Section 476(b)(1)(A) (20 
     U.S.C. 1087pp(b)(1)(A)) is amended--
       (1) by striking ``and'' at the end of clause (iv); and
       (2) by inserting after clause (v) the following new clause:
       ``(vi) the amount of any tax credit taken under section 25A 
     of the Internal Revenue Code of 1986; and''.
       (i) Family Contribution for Independent Students With 
     Dependents Other Than a Spouse.--Section 477(b)(1) (20 U.S.C. 
     1087qq(b)(1)) is amended--
       (1) by striking ``and'' at the end of subparagraph (D);
       (2) by striking the period at the end of subparagraph (E) 
     and inserting ``;and''; and
       (3) by adding at the end the following new subparagraph:
       ``(F) the amount of any tax credit taken under section 25A 
     of the Internal Revenue Code of 1986.''.
       (j) Total Income.--Section 480(a)(2) (20 U.S.C. 
     1087vv(a)(2)) is amended
       (1) by striking ``individual, and'' and inserting 
     ``individual,''; and
       (2) by inserting ``and no portion of any tax credit taken 
     under section 25A of the Internal Revenue Code of 1986,'' 
     before ``shall be included''.
       (k) Other Financial Assistance.--Section 480(j) is amended 
     by adding at the end the following new paragraph:
       ``(4) Notwithstanding paragraph (1), a tax credit taken 
     under section 25A of the Internal Revenue Code of 1986 shall 
     not be treated as estimated financial assistance for purposes 
     of section 471(3).''.
       (l) In General.--Section 458(a)(1) (20 U.S.C. 1087(a)(1)) 
     is amended by striking ``$532,000,000'' and inserting 
     ``$507,000,000''.
       (m) Construction.--Nothing in this Act or an amendment made 
     by this Act shall be construed to prohibit the Secretary of 
     Education from using funds that are returned or otherwise 
     recovered by the Secretary under section 422(g) of the Higher 
     Education Act of 1965 (20 U.S.C. 1072(g)) including the 
     balances of returned reserve funds, formerly held by the 
     Higher Education Assistance Foundation, that are currently 
     held in Higher Education Assistance Foundation Claims 
     Reserves, Treasury account number 91X6192, for expenditure 
     for expenses pursuant to section 458 of such Act (20 U.S.C. 
     1087h).

                   TITLE VII--NATIONAL HEALTH MUSEUM

     SEC. 701. SHORT TITLE.

       This title may be cited as the ``National Health Museum 
     Development Act''.

     SEC. 702. AMENDMENTS TO THE NATIONAL DEFENSE AUTHORIZATION 
                   ACT FOR FISCAL YEAR 1995.

       Section 1067 of the National Defense Authorization Act for 
     Fiscal Year 1995 (10 U.S.C. 176 note) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1), by adding ``and'' at the end;
       (B) in paragraph (2), by striking ``; and'' and inserting a 
     period; and
       (C) by striking paragraph (3);
       (2) in subsection (b)--
       (A) in the subsection heading, by striking ``and Site of 
     Facility'';
       (B) in paragraph (1), by striking ``; and'' and inserting a 
     period;
       (C) by striking paragraph (2); and
       (D) by striking ``Pathology--'' and all that follows 
     through ``shall'' in paragraph (1) and inserting ``Pathology 
     shall''; and
       (3) by striking subsections (c) through (e).

     SEC. 703. NATIONAL HEALTH MUSEUM SITE.

       (a) Site.--The facility known as the National Health Museum 
     shall be located on or near the Mall on land owned by the 
     Federal Government or the District of Columbia (or both) in 
     the District of Columbia.
       (b) Rule of Construction.--Nothing in this section shall be 
     construed as limiting the authority or responsibilities of 
     the National Capital Planning Commission or the Commission of 
     Fine Arts.
       (c) Definition.--In this section, the term ``the Mall'' 
     means--
       (1) the land designated as ``Union Square'', United States 
     Reservation 6A; and
       (2) the land designated as the ``Mall'', United States 
     Reservations 3, 4, 5, and 6.

     SEC. 704. NATIONAL HEALTH MUSEUM COMMISSION.

       (a) Establishment of Commission.--There is established a 
     commission to be known as the National Health Museum 
     Commission (hereafter referred to in this title as the 
     ``Commission'') that shall be comprised of 8 members.
       (b) Membership.--
       (1) In general.--The members of the Commission shall be 
     appointed for the life of the Commission as follows:
       (A) 2 members shall be appointed by the President.
       (B) 2 members shall be appointed by the Speaker of the 
     House of Representatives.
       (C) 1 member shall be appointed by the Minority Leader of 
     the House of Representatives.
       (D) 2 members shall be appointed by the Majority Leader of 
     the Senate.
       (E) 1 member shall be appointed by the Minority Leader of 
     the Senate.
       (2)Persons eligible.--The members of the Commission shall 
     be individuals who have knowledge or expertise in matters to 
     be studied by the Commission.
       (3) Chairperson.--The President shall designate 1 member as 
     the Chairperson of the Commission.

     SEC. 705. DUTIES OF THE COMMISSION.

       (a) Study.--It shall be the duty of the Commission to 
     conduct a comprehensive study of the appropriate Federal role 
     in the planning and operation of the National Health Museum, 
     as well as any other issues deemed appropriate to the 
     development of the National Health Museum.
       (b) Report.--Not later than 1 year after the date on which 
     the Commission first meets, the Commission shall submit to 
     the President and Congress a comprehensive report of the 
     Commission's findings and conclusions, together with any 
     recommendations of the Commission.

     SEC. 706. COMMISSION ADMINISTRATION MATTERS.

       (a) Application of FACA.--The National Health Museum, Inc. 
     shall be responsible for administering all Commission 
     activities in accordance with the Federal Advisory Committee 
     Act (5 U.S.C. App.)
       (b) Compensation of Members.--Each member of the Commission 
     who is not an officer or employee of the Federal Government 
     shall be compensated at a rate equal to the daily equivalent 
     of the annual rate of basic pay prescribed for Level IV of 
     the executive schedule under section 5315 of title 5, United 
     States Code.

     SEC. 707. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to carry out this 
     section, $500,000 for fiscal year 1998, to remain available 
     until expended.

     SEC. 708. TERMINATION OF THE COMMISSION.

       The Commission shall terminate 60 days after the Commission 
     submits the report required under section 705(b).
       This Act may be cited as the ``Departments of Labor, Health 
     and Human Services, and Education, and Related Agencies 
     Appropriations Act, 1998''.
       [And the Senate agree to the same.]
     John Edward Porter,
     Bill Young,
     Henry Bonilla,
     Dan Miller,
     Jay Dickey,
     Roger F. Wicker,
     Anne M. Northup,
     Bob Livingston,
     David Obey,
     Louis Stokes,
     Steny H. Hoyer,
     Nancy Pelosi,
     Nita M. Lowey,
     Rosa L. DeLauro,
                                Managers on the Part of the House.
     Arlen Specter,
     Thad Cochran,
     Slade Gorton,
     Kit Bond,
     Judd Gregg,
     Larry E. Craig,
     Lauch Faircloth,
     Kay Bailey Hutchison,
     Ted Stevens,
     Fritz Hollings,
     Tom Harkin,
     Daniel K. Inouye,
     Dale Bumpers,
     Harry Reid,
     Herb Kohl,
     Patty Murray,
     Robert C. Byrd,
                               Managers on the Part of the Senate.

       Joint Explanatory Statement of the Committee of Conference

       The managers on the part of the House and Senate at the 
     conference on the disagreeing votes of the two Houses on the 
     amendment of the Senate to the bill (H.R. 2264) making 
     appropriations for the Department of Labor, Health and Human 
     Services, and Education and Related Agencies, and for other 
     purposes, submit the following joint statement of the House 
     and Senate in explanation of the effect of the action agreed 
     upon by the managers and recommended in the accompanying 
     conference report.
       In implementing this agreement, the Departments and 
     agencies should comply with the language and instructions set 
     forth in House Report 105-205 and Senate Report 105-58.
       In the case where the language and instructions 
     specifically address the allocation of funds, the Departments 
     and agencies are to follow the funding levels specified in 
     the

[[Page H10227]]

     Congressional budget justifications accompanying the fiscal 
     year 1998 budget or the underlying authorizing statute and 
     should give careful consideration to the items allocating 
     specific funding included in the House and Senate reports. 
     With respect to the provisions in the House and Senate 
     reports that specifically allocate funds the conferees have 
     reviewed each and have included those in which they concur in 
     this joint statement.
       The conferees specifically endorse the provisions of the 
     House Report (105-205) directing ``* * * the Departments of 
     Labor, Health and Human Services, and Education and the 
     Social Security Administration and the Railroad Retirement 
     Board to submit operating plans with respect to discretionary 
     appropriations to the House and Senate Committees on 
     Appropriations. These plans, which are to be submitted within 
     30 days of the enactment of the Act must be signed by the 
     respective Departmental Secretaries, the Social Security 
     Commissioner and the Chairman of the Railroad Retirement 
     Board.''
       The conferees expect the Departments and agencies covered 
     by this directive to meet with the House and Senate 
     Committees as soon as possible after enactment of the bill to 
     develop a methodology to assure adequate and timely 
     information on the allocation of funds within accounts within 
     this conference report while minimizing the need for 
     unnecessary and duplicative submissions.

                      TITLE I--DEPARTMENT OF LABOR

                 Employment and Training Administration


                    training and employment services

       The conference agreement appropriates $5,238,226,000, 
     instead of $5,141,601,000 as proposed by the House and 
     $5,260,053,000 as proposed by the Senate.
       The conference agreement provides that $250,000,000 for 
     Opportunity Areas for Out-of-School Youth is appropriated as 
     an advance appropriation for fiscal year 1999 if job training 
     reform legislation specifically authorizing this type of at-
     risk youth initiative is enacted by July 1, 1998. If such 
     legislation is not enacted by that date, the funds will not 
     become available. This is substantially similar to the Senate 
     bill except that the Senate specified that the legislation 
     must be enacted by April 1, 1998. The House bill appropriated 
     $100,000,000 as an advance appropriation to be available for 
     the period July 1, 1999 through June 30, 2000 if specifically 
     authorized by subsequent legislation. The conference 
     agreement also includes $25,000,000 for this activity for 
     fiscal year 1998 under pilots and demonstrations.
       The agreement includes language authorizing the use of 
     demonstration funds under title III of the Job Training 
     Partnership Act (dislocated workers) for projects that 
     provide assistance to new entrants in the workforce and 
     incumbent workers as proposed by the Senate. The House had no 
     similar language. In conjunction with this, the conferees 
     concur in the Senate Report language with respect to a 
     manufacturing technology training demonstration project.
       The agreement includes $9,000,000 for the National 
     Occupational Information Coordinating Committee, instead of 
     $5,000,000 as proposed by the House and $10,000,000 as 
     proposed by the Senate. In addition, the agreement includes 
     language proposed by the Senate that authorizes the National 
     Occupational Information Coordinating Committee to charge 
     fees for publications, training and technical assistance and 
     provides that the fees collected shall be credited to the 
     Committee and available without further appropriation for 
     authorized activities of the Committee. The House had no 
     similar language.
       The conference agreement includes $3,000,000 under national 
     activities to assist States in meeting the costs of joining 
     an existing labor market exchange network for providing job 
     seekers with access to America's Job Bank by telephone. The 
     agreement includes $12,500,000 under pilots and 
     demonstrations for concentrated programs serving youth who 
     are or have been under criminal justice system supervision 
     and $2,000,000 to support training, education, employment, 
     and entrepreneurial opportunities to improve the economic and 
     social health and welfare of adults on the neighbor islands 
     of Hawaii, and in Alaska. The conferees concur in the Senate 
     Report language concerning the Samoan/Asian Pacific Island 
     job training program in Hawaii. The conferees urge the 
     Department to continue funding the Vietnam Veterans 
     Leadership program which provides training and employment 
     services to veterans in southwestern Pennsylvania. And the 
     conferees urge the Department to give careful consideration 
     to a proposal from a foundation to establish a community 
     employment alliance to create public-private partnerships to 
     promote job opportunities for individuals making the 
     transition from welfare to work. The conferees further 
     encourage the Secretary to utilize the discretionary 
     authority available to provide assistance for programs that 
     will support the training needs of incumbent and dislocated 
     workers in the shipbuilding industry (in southeastern 
     Pennsylvania) where base closures have had a significant 
     negative impact on the workforce.
       The Department of Labor should continue to examine options 
     for serving more at-risk youth through Job Corps. In addition 
     to considering the establishment of new Job Corps centers, 
     the Department should also consider lower-cost options such 
     as expanding slots at existing high performing centers and 
     constructing satellite centers in proximity to existing high-
     performing centers. In planning any expansion of Job Corps 
     capacity, the Department should give priority to States that 
     are now without a Job Corps campus and should also give 
     priority to suitable facilities that can be provided to Job 
     Corps at little or no cost, including facilities made 
     available through military base closings. The conference 
     agreement includes $4,000,000 for these purposes. The 
     Department should include funds in its FY 1999 budget request 
     to compete the facility expansion.
       The conferees are aware that employment-related skills 
     development is an essential component of sustained recovery 
     from addiction. From within the funds provided for pilots and 
     demonstrations, the conferees urge the Secretary to 
     collaborate with treatment providers who have successfully 
     infused employment-related skills services into their 
     recovery programs to design a curriculum which will 
     successfully prepare addicts to make the transition from 
     addiction to employment.


            community service employment for older americans

       The conference agreement appropriates $440,200,000 as 
     proposed by the House instead of $453,000,000 as proposed by 
     the Senate.


   statement unemployment insurance and employment service operations

       The conference agreement appropriates $3,495,928,000, 
     instead of $3,478,928,000 as proposed by the House and 
     $3,461,928,000 as proposed by the Senate. Included in the 
     total is $200,000,000 for Year 2000 computer conversion 
     costs, of which $40,000,000 is provided as an advance 
     appropriation for fiscal year 1999. The Administration has 
     informed the conferees that providing the funds in this 
     manner is an appropriate way to finance these costs. The 
     House bill included $183,000,000 for this and the Senate bill 
     included $150,000,000; neither bill included an advance 
     appropriation for fiscal year 1999. For unemployment 
     insurance contingency costs, the agreement includes 
     $196,333,000 as proposed by the House instead of $212,333,000 
     as proposed by the Senate.


                         program administration

       The conference agreement appropriates $131,593,000, instead 
     of $125,593,000 as proposed by the House and $129,593,000 as 
     proposed by the Senate. Included in the total is $6,000,000 
     for administration of the new welfare-to-work program. The 
     agreement also includes language providing that a majority of 
     the new staff hired for this program will be limited term 
     appointments.

                  Employment Standards Administration


                         salaries and expenses

       The conference agreement appropriates $300,653,000 as 
     proposed by the Senate, instead of $299,000,000 as proposed 
     by the House. The agreement includes language proposed by the 
     House modified to set aside $500,000 in the Office of Labor-
     Management Standards to begin the development of a system for 
     the electronic filing of reports required to be filed under 
     the Labor-Management Reporting and Disclosure Act of 1959 and 
     for a computer database of the information for each 
     submission by whatever means that is indexed and easily 
     searchable by the public through the Internet. The Senate had 
     no similar provision.
       The conferees are concerned about the difficulty the public 
     has obtaining full and complete information on these reports. 
     Further, the conferees expect the Department to continue 
     pursuing this project by including funding for it in future 
     budget requests. As part of the FY 1999 hearing process, the 
     Department should be prepared to present its multi-year 
     implementation plan for this initiative to the Committees.
       The General Accounting Office is expected to review the 
     Department's implementation plan and other activities to 
     determine whether these efforts will achieve the goal of 
     improving the timeliness, accuracy and availability of the 
     information contained in the reports filed under the Labor-
     Management Reporting and Disclosure Act. The General 
     Accounting Office shall report its findings to the 
     Appropriations Committees after it has made its review.
       The conferees urge the Department to resolve by the end of 
     the year all outstanding child labor issues relating to the 
     Amish community. The Department needs to take into account 
     the special needs of this community.
       The conferees are agreed that the Inspectors General of 
     both the Department of Labor and the Social Security 
     Administration shall prepare a joint report to the House and 
     Senate Appropriations Committees relative to the Memorandum 
     of Understanding between the agencies providing for DOL 
     administrative services with respect to Part B of the Black 
     Lung program. This report shall include narrative and 
     statistical information concerning the number of 
     beneficiaries served, benefits disbursed, quality of services 
     provided, and an assessment of whether the objectives of the 
     MOU to provide enhanced services at reduced costs are being 
     achieved. the first report shall include activity from the 
     date the MOU was signed to the end of fiscal year 1998 and 
     shall be due to the Committees by April 30, 1999. Subsequent 
     reports shall be due on April 30 of each year.

             Occupational Safety and Health Administration


                         salaries and expenses

       The conference agreement appropriates $336,480,000, instead 
     of $336,205,000 as proposed by the House and the Senate.
       The House and Senate Reports included directives to OSHA 
     field officers to facilitate compliance with the new 
     methylene chloride

[[Page H10228]]

     standard. As a matter of clarification, the conferees note 
     that the covered facilities are engaged primarily in 
     furniture stripping, urethane form manufacturing and urethane 
     foam fabrication. Thus, the conferees intend the compliance 
     assistance efforts by OSHA to extend to facilities with fewer 
     than 150 employees in these industries.
       Public Law 105-62, the fiscal year 1998 Energy and Water 
     Development Appropriations Act, transferred responsibility 
     for administering the Formerly Utilized Sites Remedial Action 
     Program (FUSRAP) from the Department of Energy to the U.S. 
     Army Corps of Engineers. The conferees are aware that the 
     Occupational Safety and Health Administration is concerned 
     that the transfer of FUSRAP may have resource and 
     programmatic implications for the agency. As outlined in 
     House Report 105-271, the conference report to accompany 
     Public Law 105-62, fiscal year 1998 will be a year of 
     transition as the program continues and DOE would maintain 
     jurisdiction for safety and health within the existing 
     contractual framework established by the Department 
     of Energy. Any issues pertaining to the regulatory 
     framework of the program will be identified during this 
     transition period and will be addressed during the fiscal 
     year 1999 budget deliberations.

                 Mine Safety and Health Administration


                         salaries and expenses

       The conference agreement appropriates $203,334,000, instead 
     of $199,159,000 as proposed by the House and $205,804,000 as 
     proposed by the Senate.

                       Bureau of Labor Statistics


                         salaries and expenses

       The conference agreement appropriates $380,457,000 as 
     proposed by the House instead of $372,671,000 as proposed by 
     the Senate.

                        Departmental Management


                         salaries and expenses

       The conference agreement appropriates $152,535,000, instead 
     of $152,481,000 as proposed by the House and $152,413,000 as 
     proposed by the Senate. The conferees concur with the Senate 
     Report language concerning Women's Bureau support for 
     technical assistance and training on displaced homemaker 
     programming.
       The conferees recognize the extreme shortage of available 
     skilled labor in the maritime-related industries of south 
     Louisiana. The conferees further recognize the billions of 
     dollars that this industry contributes to this nation's 
     economy. In an effort to protect the integrity of this 
     important domestic market, the conferees strongly encourage 
     the United States Department of Labor in conjunction with the 
     Louisiana Department of Labor to work to devise an immediate 
     solution to this problem.

        Assistant Secretary for Veterans Employment and Training

       The conference agreement includes $181,955,000 as proposed 
     by both the House and Senate. The agreement includes 
     $2,000,000 for the National Veterans Training Institute 
     within the Federal administration activity as proposed by the 
     House.

                      Office of Inspector General

       The conference agreement appropriates $46,250,000, instead 
     of $45,750,000 as proposed by the House and $46,750,000 as 
     proposed by the Senate.

                           General Provisions


                      job corps salary limitation

       The conference agreement includes a general provision 
     (section 101) limiting the use of Job Corps funds to pay the 
     compensation of an individual at a rate not in excess of 
     $125,000 as proposed by the Senate, instead of $100,000 as 
     proposed by the House.


                          ergonomics-technical

       The conference agreement includes a general provision 
     (section 104) as proposed by the House that restricts the use 
     of funds for OSHA ergonomics standards and guidelines. The 
     Senate bill contained essentially the same provision with 
     only minor technical changes.


                        fair labor standards act

       The conference agreement includes a general provision 
     (section 105) proposed by the Senate modified to amend the 
     Fair Labor Standards Act to ensure that nonprofit 
     organizations that deliver water for agricultural purposes 
     are exempt from the maximum hour requirements of the Act if 
     at least 90 percent of the water delivered by these 
     organizations during the preceding calendar year was for 
     agricultural purposes. The House bill contained no similar 
     provision.

           TITLE II--DEPARTMENT OF HEALTH AND HUMAN SERVICES

              Health Resources and Services Administration


                     health resources and services

       The conference agreement includes $3,618,137,000 instead of 
     $3,607,068,000 as proposed by the House and $3,449,071,000 as 
     proposed by the Senate.
       The conference agreement does not include the legal 
     citation for title XVI of the Public Health Service Act as 
     proposed by the Senate. The House bill did not include the 
     citation. The conferees have instead included bill language 
     creating a broader authority to fund health care and other 
     facilities construction and renovation projects.
       The conference agreement includes the legal citation for 
     the Native Hawaiian Health Care program as proposed by the 
     Senate. The House bill did not include the citation. The 
     conferees believe that the health care activities funded 
     under the Native Hawaiian Health Care program can be 
     supported at the fiscal year 1997 level under the broader 
     consolidated health centers line if the agency feels it is 
     appropriate.
       The conferences agreement includes $2,500,000 for 
     facilities renovations at the Gillis W. Long Hansen's Disease 
     Center as proposed by the House. The Senate bill did not 
     include funding for this activity. Funds are necessary to 
     complete renovations prior to the facility's transfer to the 
     State of Louisiana.
       The conference agreement includes bill language identifying 
     $203,452,000 for the family planning program instead of 
     $208,452,000 as proposed by the Senate and $194,452,000 as 
     proposed by the House.
       The conference agreement earmarks in bill language 
     $285,500,000 for the Ryan White Title II State AIDS drug 
     assistance programs rather than $217,000,000 as proposed by 
     the Senate and $299,000,000 as proposed by the House. Total 
     funding for the Ryan White program has been increased by 
     $153,948,000 from the fiscal year 1997 level to a total of 
     $1,150,200,000.
       The conferees commend the Department on the recent release 
     of draft guidelines for the use of antiretroviral agents in 
     treating HIV-infected individuals. These recommendations 
     reflect the significant advances in treatment options for 
     individuals with HIV disease that have resulted from the 
     substantial investment in AIDS research. The conferees are 
     concerned that policies adopted by some State AIDS Drug 
     Assistance Programs (ADAP) are inconsistent with these new 
     recommended standards of care. In particular, restricting 
     access to recommended therapy options until late stage 
     disease or until failure on suboptimal therapy, may actually 
     predispose patients to failure once appropriate therapy is 
     initiated. Therefore, the conferees direct the Secretary to 
     work closely with State programs to ensure that ADAP policies 
     within States are consistent with recognized standards of 
     care.
       The conferees are concerned about the wide variation in 
     State ADAP's and Medicaid polices regarding eligibility, 
     benefits, and formularies. The conferees are also concerned 
     about the wide variation in State contributions to funding of 
     ADAPs and urge that States receiving more than $1,000,000 
     under the targeted formula match no less than twenty percent 
     of the Federal contribution. The conferees direct the program 
     to use all means necessary to reduce the purchase price of 
     AIDS drugs and encourage HRSA to accelerate the award of 1998 
     program grants to help address the increased program needs 
     that have been identified in the current program year.
       The conferees reiterate that Department of Veterans Affairs 
     facilities are eligible to receive Ryan White Title I funding 
     through local title I health services planning councils. The 
     conferees are concerned about recent attempts by agency 
     contracting officials to deny funding for important HIV 
     services provided at these facilities.
       The conference agreement includes language proposed by the 
     Senate allocating up to $6,000,000 of the funds provided for 
     consolidated health centers for loan guarantees totaling 
     $80,000,000 for the construction and renovation of community 
     and migrant health centers and for the costs of developing 
     managed care networks. The House bill provided that 
     $4,600,000 could be used for loan guarantees totaling 
     $53,300,000 only for the costs of developing managed care 
     networks.
       The conference agreement includes bill language designating 
     $103,863,000 of the funds provided for the Maternal and Child 
     Health block grant for special projects of regional and 
     national significance (SPRANS). This designation provides 
     $3,000,000 more for SPRANS activities than would otherwise be 
     the case under the statutory formula. The House and Senate 
     bills had similar provisions. The conferees intend that this 
     amount be used for the continuation of the traumatic brain 
     injury State demonstration projects supported last year under 
     this authority. The conferees also expect the agency to 
     allocate $500,000 of the SPRANS set-aside to continue the 
     fluoridation program begun last year in States with 
     fluoridation levels below 25 percent.
       The conferees urge the agency to use SPRANS funding to 
     initiate a one-year planning and development grant prior to a 
     multi-year study examining research integration for children 
     with special medical needs.
       The conferees are concerned about children with special 
     health care needs and the ability of their families to obtain 
     sufficient and appropriate health care for them in the 
     current rapidly changing health care environment. The 
     Secretary is urged to develop ongoing mechanisms for 
     providing information and services to these families. Such 
     mechanisms should enhance family efforts to make well-
     informed decisions and obtain appropriate health care for 
     their children.
       The conferees concur with the Senate report language 
     encouraging the use of block grant funds for screening 
     infants for hearing loss.
       The conferees believe there are sufficient amounts within 
     the SPRANS set-aside to support a multi-State demonstration 
     project on ocular screening services for young children.
       Within the increase provided to the consolidated health 
     centers line, the conferees expect the agency to allocate a 
     sufficient amount of this increase to expand the Healthy 
     Schools, Healthy Communities initiative. The conferees expect 
     the agency to

[[Page H10229]]

     report to the Committees on the funding and status of the 
     Healthy Schools, Healthy Communities initiative and other 
     similar health centers no later than March, 1998.
       The conferees encourage the agency to strengthen its 
     primary care partnerships with metropolitan public housing 
     authorities and public health care provider organizations.
       The conferees encourage the agency to carefully examine 
     existing models for 24-hour, bilingual community-based 
     pediatric health clinics for high-risk, minority children 
     which are linked with full-service pediatric hospitals which 
     have formed public and private partnerships with foundations 
     and local organizations to expand access to uninsured and 
     Medicaid eligible children. The conferees further 
     encourage the agency to work collaboratively with 
     pediatric hospitals with extensive experience in 
     administering community-based clinics to expand these 
     models to areas designated by the Public Health Service as 
     medically underserved and to improve existing models in 
     urban areas which provide clinical and supportive services 
     to adolescents at risk for STDs, HIV infection, and early 
     pregnancy, provide access to low-cost preventive and 
     pediatric treatment services for chronic illness and 
     provide outcomes research, parenting education and child 
     abuse and neglect prevention and education.
       The conferees intend that the agency may use up to 
     $3,000,000 of the funding provided for the National Health 
     Service Corps (NHSC) for State offices of rural health.
       The conferees are concerned about the lack of geriatric 
     medicine and geriatric psychiatry participation in the NHSC 
     scholarship and repayment programs. The conferees encourage 
     the NHSC to address this problem by providing recruitment, 
     retention, and loan repayment incentives to those entering 
     training programs in geriatric medicine and geriatric 
     psychiatry.
       The conferees concur with language in the House report 
     indicating that the Administration's budget request to 
     transfer Hansen's disease research funding to the National 
     Institutes of Health appropriation has not been approved.
       The conferees are aware that the Department is continuing 
     to consider final rulemaking for the Organ Procurement and 
     Transplantation Network (OPTN), which is operated under 
     contract by the United Network for Organ Sharing (UNOS). As 
     expressed in the fiscal year 1997 conference report, the 
     conferees appreciate the complex nature of establishing 
     equitable organ allocation policies and expect UNOS and the 
     Department to continue to take into consideration a number of 
     important factors, including, but not limited to, regional 
     success in increasing organ donation, the need to increase 
     the supply of organs available for transplantation, the need 
     to provide a fair system to allocate organs, the impact on 
     access to transplants for low and middle income individuals, 
     patient waiting times and the severity of illness of patients 
     awaiting a transplant. The conferees expect the Department to 
     consult with and inform the Committees on Appropriations and 
     the Congress prior to the promulgation of any OPTN or 
     Departmental rulemaking on organ allocation policies.
       The conferees intend that funds provided for rural outreach 
     grants be allocated for the two projects identified in the 
     Senate report, as well as for a $750,000 telemedicine 
     communication network linking the Melvin R. Laird Center to 
     geographically remote sites; a $1,000,000 grant to a 
     community health center in Franklin County, MA to establish a 
     rural school-based health center network; and $1,500,000 to 
     establish a technology-based ambulatory outreach 
     demonstration that will improve the coordination and 
     dissemination of health information to rural health sites 
     through the use of a software package that provides on-line, 
     real-time medical records access, education, scheduling and 
     infrastructure linkages to a health network that includes 
     multiple hospital and primary care sites.
       The conferees intend that funding provided for rural health 
     research be allocated for the three projects identified in 
     the Senate report.
       The conference agreement includes bill language designating 
     a total of $28,000,000 for the construction and renovation of 
     health care and other facilities. These funds are to be used 
     for the facilities described in the Senate report, as well as 
     for facilities for the Pulaski County, Kentucky health 
     department; the Clearwater Free Clinic in Florida; the 
     Tuskegee University Bioethics Center in Alabama; the National 
     Center for Nanofabrication and Molecular Self-Assembly at 
     Northwestern University, Evanston, Illinois; the Greater 
     Houston Community Health Network in Houston, Texas; the 
     Barbara Bush Children's Hospital of the Maine Medical Center; 
     and construction and renovation associated with transition 
     grants for small, rural hospitals in Iowa. The Senate bill 
     provided $10,000,000 for facility construction; the House 
     bill did not provide funding.
       The conferees concur with language contained in the House 
     report indicating that total administrative costs for the 
     agency as defined in the budget justification increase by no 
     more than one percent from 1997 to 1998.

               Centers for Disease Control and Prevention


                disease control, research, and training

       The conference agreement includes $2,378,552,000 instead of 
     $2,395,737,000 as proposed by the House and $2,368,113,000 as 
     proposed by the Senate.
       The conference agreement includes bill language designating 
     $21,504,000 for Centers for Disease Control and Prevention 
     (CDC) buildings and facilities instead of $23,007,000 as 
     proposed by the Senate and $20,000,000 as proposed by the 
     House.
       The conference agreement includes bill language designating 
     $59,232,000 to be available to the National Center for Health 
     Statistics under the Public Health Service one percent 
     evaluation set-aside instead of $48,400,000 as proposed by 
     the House and $70,063,000 as proposed by the Senate.
       The conference agreement includes bill language designating 
     $51,000,000 for violence against women programs financed from 
     the Violent Crime Reduction Trust Fund as proposed by the 
     Senate instead of $45,000,000 as proposed by the House. The 
     conference agreement includes the legal citation for the 
     community demonstration programs as proposed by the Senate. 
     The House bill contained the citation only for the State 
     block grant program.
       The conferees are aware that States carried over 
     $109,000,000 in immunization infrastructure funds from 1996 
     to 1997 and that $60,000,000 to $65,000,000 is estimated to 
     be carried over at the end of calendar year 1997. The 
     conferees urge CDC to work with the States to reduce these 
     carryover amounts so that the resources provided by Congress 
     can be used as intended for important immunization 
     activities.
       The conferees concur in language contained in the Senate 
     report regarding promising research on plant-delivered oral 
     vaccines being undertaken at the Thomas Jefferson University 
     Center for Biomedical Research. The conferees note other 
     promising research being conducted at the Center involving 
     the treatment and diagnosis of hepatitis B and C viruses and 
     glycoprocessing inhibitors. The conferees encourage the 
     Director to give consideration to supporting these important 
     areas of research.
       The conferees concur with Senate report language indicating 
     that funds are included within the AIDS program line to 
     maintain and strengthen hemophilia and other hematologic 
     program activities.
       The conference agreement includes $113,671,000 for the 
     sexually transmitted diseases program, a $7,468,000 increase 
     over fiscal year 1997, to provide increases for both the 
     chlamydia prevention program and the syphilis in the South 
     initiative.
       The conference agreement includes $34,097,000 over the 
     Administration request for the following chronic and 
     environmental disease prevention program priorities: 
     pfiesteria; the diabetes prevention and control priorities 
     mentioned in the House and Senate reports; cancer registries; 
     birth defects; cardiovascular disease; limb loss; the health 
     effects of radioactive fallout; the health effects of 
     inadequate provision of safe drinking water in remote arctic 
     communities; oral health activities; and prevention of iron 
     overload diseases. The conferees urge CDC to give 
     consideration to integrating multiple cancer registries 
     within a single State. The conference agreement supports 
     increases above the 1997 level for tobacco control programs.
       The conferees are aware of current conditions in eastern 
     seaboard waterways that have triggered the microorganism 
     pfiesteria or pfiesteria-like organisms to convert into at 
     least 24 different forms, some of which are toxic. Several of 
     these forms have led to fish kills of over a billion in North 
     Carolina and in the tens of thousands in Maryland. The human 
     effects may include skin lesions, respiratory problems, 
     memory loss, and immune system suppression. The CDC is in a 
     unique position to lead the public health response to the 
     emerging threat of human exposure to this newly identified 
     estuarine toxin. The conferees have provided an increase 
     within the chronic and environmental disease program to 
     support the development of a multi-State plan to address the 
     public health impact of pfiesteria and pfiesteria-like 
     conditions in the seven most impacted States, presently 
     Maryland, Delaware, Virginia, North Carolina, South Carolina, 
     Georgia, and Florida. The conferees expect that the funding 
     will be used to develop and implement a multi-State disease 
     surveillance system that will identify and monitor health 
     effects in people who may have been exposed to estuarine 
     waters likely to contain pfiesteria or pfiesteria-like 
     organisms, to initiate case-control studies when new 
     incidents of illness purported to be due to exposure to the 
     toxin are identified, and to develop a biological test of 
     human exposure so that when the structure of this toxin is 
     identified, a rapid response can be assembled between the CDC 
     and State health departments. In distributing these funds, 
     the conferees expect the CDC to give priority to those State 
     health departments which have documented human health cases 
     related to pfiesteria or pfiesteria-like conditions.
       The conferees concur with the House report language 
     regarding the need for a comprehensive cardiovascular 
     program, with particular emphasis on risk factors and the 
     promotion of healthy behaviors. The conferees are aware of 
     the capabilities of a number of foundations in the areas of 
     ischemic injury and preventive measures to reduce 
     cardiovascular disease, and encourage CDC to include these 
     groups in the development of its cardiovascular program.

[[Page H10230]]

       The conferees support the recent effort by CDC to develop a 
     national plan for addressing the large and growing public 
     health problem of arthritis. The conferees encourage CDC to 
     continue to expand the arthritis knowledge base necessary to 
     better identify an appropriate public health response for the 
     nation's leading cause of disability.
       The conference agreement provides increases above the 1997 
     level within the infectious disease program for Lyme disease, 
     food safety, and emerging and reemerging infectious diseases. 
     The conferees expect the 1997 funding level for the H. pylori 
     public education program to be maintained in 1998 to complete 
     the project.
       The conferees encouraged the CDC as part of the food safety 
     initiative outlined in the budget request to consider 
     supporting applied research to improve the reliability and 
     effectiveness of electronic pasteurization to reduce food 
     borne diseases. The conferees are particularly concerned 
     about recent reports of E. coli and encourage the CDC to 
     enhance its focus on improving public health strategies to 
     better educate the public and improve the prevention of 
     foodborne diseases such as E. coli.
       The conferees concur with the Senate report language 
     concerning the need to recognize thalassemia patients in the 
     implementation of improved blood safety plans.
       The conference agreement provides increases above the 1997 
     level for the following activities within the injury control 
     program: fire injury prevention; community-based strategies 
     against youth violence and suicide; domestic violence 
     prevention; traumatic brain injury; suicide prevention among 
     the elderly; and prevention of accidental injury among older 
     Americans.
       The conference agreement provides increases above the 1997 
     level for occupational safety and health for the following 
     activities: intramural research at the Morgantown, West 
     Virginia facility; the fire fighter safety initiative; and 
     the national occupational research agenda.
       The conferees are pleased with the progress made in the 
     national health nutrition examination survey (NHANES). Within 
     the funds made available to the National Center for Health 
     Statistics, sufficient funds are included to fully fund this 
     important survey at the requested level.
       The conferees encourage the CDC to develop a plan of action 
     to ascertain whether children of mothers exposed to 
     environmental contaminants may be experiencing adverse health 
     effects, including childhood cancers, birth defects, and 
     neurobehavioral disorders. The conferees encourage the CDC to 
     build upon relevant ongoing studies when formulating this 
     plan of action.
       The conferees concur with House report language indicating 
     that CDC administrative costs as defined in the budget 
     justification should not increase by more than one percent 
     from 1997 to 1998.

                     National Institutes of Health


                       national cancer institute

       The conference agreement includes $2,547,314,000 instead of 
     $2,513,020,000 as proposed by the House and $2,558,377,000 as 
     proposed by the Senate.
       The conferees are aware of the extraordinary research 
     opportunities that exist in cancer genetics, preclinical 
     models of cancer, detection technologies, developmental 
     diagnostics and investigator-initiated research. Millions of 
     Americans are alive today as a result of progress in cancer 
     research. These advances have allowed Congress to address the 
     critical role of early detection for breast and cervical 
     cancer, colorectal cancer and prostate cancer in Medicare. 
     While working within difficult budget constraints, the 
     conferees have sought to respond to the cancer research 
     challenge. Twenty-five years have passed since the passage of 
     the National Cancer Act, and it is now time to take full 
     advantage of the unparalleled scientific opportunities in 
     cancer prevention, detection, and treatment.
       The conferees are aware of the unique research resources 
     available within the network of bone marrow transplantation 
     centers that are associated with the National Bone Marrow 
     Donor Registry. Advances in medical technology provide new 
     opportunities to utilize these resources to clinically 
     evaluate innovative therapies that have the potential to 
     decrease the toxicity and side effects experienced by bone 
     marrow donor recipients. Accordingly the conferees request 
     the Institute to provide a report to the Committee prior to 
     the consideration of next's year's request on a proposal to 
     collaborate with the National Bone Marrow Donor Program and 
     its network of transplant centers for this purpose.
       The conferees encourage the Institute to participate in the 
     hepatitis C research initiative recommended by the March 1997 
     consensus conference.


                National heart, lung and blood institute

       The conference agreement includes $1,531.061,000 instead of 
     $1,513,004,000 as proposed by the House and $1,539,989,000 as 
     proposed by the Senate.
       The conferees concur with the Senate report language 
     concerning the possible development of a network of 
     collaborative clinical centers to study the effectiveness of 
     new clinical interventions for Cooley's anemia.
       The conferees encourage the Institute to participate in the 
     hepatitis C research initiative recommended by the March 1997 
     consensus conference.


                 national institute of dental research

       The conference agreement includes $209,415,000 instead of 
     $209,403,000 as proposed by the House and $211,611,000 as 
     proposed by the Senate.


    national institute of diabetes and digestive and kidney diseases

       The conference agreement includes $873,860,000 instead of 
     $874,337,000 as proposed by the House and $883,321,000 as 
     proposed by the Senate.
       The conferees concur with the Senate report language 
     concerning the need for iron measurement and chelation 
     research related to Cooley's anemia.
       The conferees are concerned about treatments for the 
     consequences of E. coli infections and request that the 
     Institute prepare and submit a report by January 15, 1998 
     outlining the present scientific consensus on medical 
     treatments for E. coli and other foodborne infections and 
     setting forth additional research that should be pursued in 
     this area.


        national institute of neurological disorders and stroke

       The conference agreement includes $780,713,000 instead of 
     $763,325,000 as proposed by the House and $781,351,000 as 
     proposed by the Senate.
       The conferees understand from NIH that sufficient funds are 
     available within the amounts provided for the Institute to 
     expand research on Parkinson's disease.
       Approximately 2,500,000 people suffer from epilepsy, a 
     chronic brain disorder characterized by spontaneous, 
     recurrent seizures which, in a substantial number of cases, 
     cannot be controlled. The conferees encourage the Institute 
     to enhance its research in the field of epilepsy to take 
     advantage of new scientific opportunities in genetics, brain 
     imaging and surgery, and clinical trials.


         national institute of allergy and infectious diseases

       The conference agreement includes $1,351,655,000 instead of 
     $1,339,459,000 as proposed by the House and $1,359,688,000 as 
     proposed by the Senate.


             national institute of general medical sciences

       The conference agreement includes $1,065,947,000 instead of 
     $1,047,963,000 as proposed by the House and $1,058,969,000 as 
     proposed by the Senate.


        national institute of child health and human development

       The conference agreement includes $674,766,000 instead of 
     $666,682,000 as proposed by the House and $676,870,000 as 
     proposed by the Senate.
       The conferees concur with the Senate report language 
     indicating that the Director of the Institute should be take 
     the lead in convening the national panel to assess the status 
     of research-based knowledge on the effectiveness of various 
     approaches of teaching children to read.
       The conferees encourage the Institute to support research 
     in the area of brain development, mechanisms that underlie 
     learning and memory, the acquisition and storage of 
     information in the nervous system, and the neural processes 
     underlying emotional memories as they relate to intellectual 
     development and cognitive growth.
       The conferees encourage the Institute to carry out research 
     on the prevalence, causes and treatment of vulvodynia.


                         National Eye Institute

       The conference agreement includes $355,691,000 instead of 
     $354,032,000 as proposed by the House and $357,695,000 as 
     proposed by the Senate.


          National Institute of Environmental Health Sciences

       The conference agreement includes $330,108,000 instead of 
     $328,583,000 as proposed by the House and $331,969,000 as 
     proposed by the Senate.
       The conferees encourage the Institute to conduct research 
     into the physiologic and pathologic effects of exposure to 
     the pfiesteria organism.
       The conferees concur in the language in the House and 
     Senate reports regarding the Institute's involvement in World 
     Expo '98.


                      National Institute on Aging

       The conference agreement includes $519,279,000 instead of 
     $509,811,000 as proposed by the House and $520,705,000 as 
     proposed by the Senate.


 national institute of arthritis and musculoskeletal and skin diseases

       The conference agreement includes $274,760,000 instead of 
     $269,807,000 as proposed by the House and $272,631,000 as 
     proposed by the Senate.
       The conferees understand that the Institute has recently 
     reduced the number of Specialized Centers of Research (SCORs) 
     in Osteoporosis from three to one and that these centers play 
     an important role in the translation of research findings to 
     patient care. The conferees urge the Institute to review the 
     impact this decision may have on osteoporosis research 
     specifically and on the rapid transfer of research to 
     treatment and to consider taking steps that ensure adequate 
     support of translational research, including the restoration 
     of funding for the full SCOR program. In addition, the 
     conferees understand that important strides have been made 
     with the establishment of an osteoporosis and related bone 
     disease national clearinghouse center. The conferees 
     encourage the Institute to continue this initiative and to 
     give consideration to strengthening its support for the 
     center's activities

[[Page H10231]]

     in order to allow broader information services.


    national institute of deafness and other communication disorders

       The conference agreement includes $200,695,000 instead of 
     $198,373,000 as proposed by the House and $200,428,000 as 
     proposed by the Senate.


                 national institute on nursing research

       The conference agreement includes $63,597,000 instead of 
     $62,451,000 as proposed by the House and $64,016,000 as 
     proposed by the Senate.


           national institute of alcohol abuse and alcoholism

       The conference agreement includes $227,175,000 instead of 
     $226,205,000 as proposed by the House and $228,585,000 as 
     proposed by the Senate.


                    national institute on drug abuse

       The conference agreement includes $527,175,000 instead of 
     $525,641,000 as proposed by the House and $531,751,000 as 
     proposed by the Senate.
       The conferees encourage the Institute to participate in the 
     hepatitis C research initiative recommended by the March 1997 
     consensus conference.


                  national institute of mental health

       The conference agreement includes $750,241,000 instead of 
     $744,235,000 as proposed by the House and $753,334,000 as 
     proposed by the Senate.


                national human genome research institute

       The conference agreement includes $217,704,000 instead of 
     $211,772,000 as proposed by the House and $218,851,000 as 
     proposed by the Senate.


                 national center for research resources

       The conference agreement includes $453,883,000 instead of 
     $436,961,000 as proposed by the House and $455,805,000 as 
     proposed by the Senate.
       The conferees are aware of concerns regarding shortages in 
     the available supply of human cell cultures used in disease 
     and drug therapy research in Federal and private sector 
     laboratories. The conferees understand that the Coriell 
     Institute for Medical Research is in the process of expanding 
     its cell culture storage capacity and urge the Center to give 
     full and fair consideration to an application from the 
     Institute.


                  John E. Fogarty International Center

       The conference agreement includes $28,289,000 instead of 
     $27,620,000 as proposed by the House and $28,468,000 as 
     proposed by the Senate.


                      National Library of Medicine

       The conference agreement includes $161,185,000 instead of 
     $161,171,000 as proposed by the House and $162,825,000 as 
     proposed by the Senate.
       The conferees understand from the NIH that they intend to 
     provide a $7,000,000 increase for high performance computing 
     and communications within the total provided for the Library.


                         office of the director

                     (including transfer of funds)

       The conference agreement includes $296,373,000 instead of 
     $298,339,000 as proposed by the House and $292,196,000 as 
     proposed by the Senate.
       The conference agreement includes a designation in bill 
     language of $40,536,000 for the operations of the Office of 
     AIDS Research. The Senate bill designated $40,266,000 for the 
     Office; the House bill had no similar provision. The 
     conferees understand that within the total funding for NIH 
     provided in the conference agreement, NIH would intend to 
     spend $1,595,453,000 on AIDS research. The conferees 
     understand that this total may be modified depending on 
     changing scientific opportunities and the recommendations of 
     various advisory bodies.
       The conference agreement includes a designation in bill 
     language of $20,000,000 for the Office of Alternative 
     Medicine. The Senate bill designated $13,000,000 for this 
     activity. The House bill contained no similar provision. The 
     conference agreement also includes language not included in 
     either the House or Senate bill providing that not less than 
     $7,000,000 of the $20,000,000 made available for the Office 
     of Alternative Medicine shall be for peer reviewed 
     complementary and alternative medicine research grants and 
     contracts that respond to program announcements and requests 
     for proposals issued by the Office. The conferees encourage 
     the Office to use these mechanisms to solicit and support 
     high quality clinical trials that will validate promising 
     alternative and complementary medicine therapies. The 
     conferees understand that the Office has existing authority 
     to issue program announcements and requests for proposals.
       The conference agreement includes bill language permitting 
     the National Foundation for Biomedical Research to transfer 
     funds to the National Institutes of Health. The House and 
     Senate bills had no similar provision.
       The conferees understand from the NIH that within the total 
     funding provided for the various Institutes, centers and 
     divisions the NIH estimates it will support $38,500,000 in 
     funding for the pediatric research initiative. These funds 
     are made available directly to the Institutes through the NIH 
     Areas of Special Emphasis, which target those areas of 
     research opportunity most likely to yield greater returns on 
     the Federal investment in biomedical research. The conferees 
     expect the Director to provide overall leadership for and 
     coordination of these research activities.
       The conferees understand from the NIH that within the total 
     funding provided for the various Institutes, centers and 
     divisions the NIH estimates it will support $22,000,000 in 
     funding for the neurodegenerative disease initiative. These 
     funds are allocated directly to the Institutes through the 
     NIH Areas of Special Emphasis. The Director will provide 
     overall leadership for and coordination of these research 
     activities. The conferees note that the research focused on 
     the biology of brain disorders in highlighted in the NIH 
     Areas of Special emphasis to denote areas of high priority 
     research that will yield a greater return on the Federal 
     investment in biomedical research. The conferees believe that 
     in addition to brain disorders, research in neurodegenerative 
     disorders should receive special attention. The recent 
     discovery of a genetic abnormality that causes some cases of 
     Parkinson's disease demonstrates the promise of intensified 
     research on neurodegenerative disorders.
       The conferees are concerned about treatments for the 
     consequences of E. coli and other foodborne infections and 
     request the Director to consider using available funds for 
     high priority research in this area.
       The conferees are concerned by the delays in initiating the 
     study on the status and funding of research on cancer among 
     minorities and the medically underserved. The conferees 
     expect all components of the NIH to give higher priority and 
     full cooperation to this study as well as timely access to 
     requested data to enable the Institute of Medicine to 
     complete the study in an expeditious fashion. The conferees 
     continue to place high priority on this effort and request 
     that the Director be prepared to report on the study's 
     progress during the hearings on the fiscal year 1999 budget 
     request.
       The conferees believe that minority programs at NIH should 
     be supported at a level commensurate with the increases 
     provided for NIH as a whole.
       The conferees concur with House report language regarding 
     the definition of administrative costs and the limitation of 
     fiscal year 1998 administrative costs to no more than one 
     percent above the fiscal year 1997 level.


                        buildings and facilities

       The conference agreement includes $206,957,000 instead of 
     $223,100,000 as proposed by the House and $203,500,000 as 
     proposed by the Senate.
       The conference agreement includes language not contained in 
     either the House or Senate bills extending the proviso 
     allowing a contract for the full scope of the NIH clinical 
     research center to the construction of the vaccine research 
     facility on campus.

       Substance Abuse and Mental Health Services Administration


               substance abuse and mental health services

       The conference agreement provides a program level of 
     $2,196,743,000 instead of $2,201,943,000 as proposed by the 
     House and $2,176,643,000 as proposed by the Senate. These 
     figures include $50,000,000 in permanent appropriations for 
     fiscal year 1998 provided in P.L. 104-121.
       The conference agreement includes a provision proposed by 
     the Senate designating $10 million for grants to rural and 
     Native American projects. The House bill contained no similar 
     provision.
       The conference agreement includes a provision proposed by 
     the Senate which requires that each State receive the same 
     allotments under the mental health and substance abuse block 
     grant programs in fiscal year 1998 as it did in fiscal year 
     1997. The conferees do not intend to consider future 
     increases for the substance abuse or mental health block 
     grants until the authorizing committees of jurisdiction, 
     SAMHSA, and the substance abuse and mental health services 
     communities have implemented a consensus policy regarding 
     block grant formulas whether through legislation or existing 
     administrative authority.
       The conference agreement provides $28,000,000 for the data 
     initiative requested by the Administration. Of this amount, 
     $18,000,000 is provided through new appropriations, and 
     $10,000,000 is available through the 5 percent set-aside 
     within the substance abuse block grant for administrative 
     activities. The conferees understand that the annual out-year 
     costs of this proposal may exceed the $28,000,000 currently 
     proposed and intend that all future funding for the 
     initiative will be provided through the 5 percent 
     administrative set-aside within the substance abuse block 
     grant.
       The conferees provide funding for this new initiative with 
     the understanding that it must be used by the agency to 
     improve the provision of treatment and prevention services in 
     States with high incidence of substance abuse. Accordingly, 
     the conferees direct SAMHSA to report to the Appropriations 
     Committees no later than January 15, 1998 regarding its plans 
     to require changes in service delivery to improve treatment 
     and prevention services in such States through the State 
     Improvement Grant and substance abuse block grant application 
     processes. In addition, the conferees direct that the results 
     of the data initiative be distributed to each State and that 
     all States shall analyze their relative performance in 
     preventing substance abuse as a component of the substance 
     abuse block grant application. The conferees direct SAMHSA to 
     require States

[[Page H10232]]

     with rates of substance abuse above the median for all States 
     to provide a plan to improve their performance in 
     preventing substance abuse as part of the block grant 
     application.
       The conferees intend that SAMHSA comply fully with the 
     House report directive regarding monitoring of youth access 
     to tobacco and enforcement of the Synar amendment.
       The conferees concur with the Senate report directive 
     regarding allocation of funds set aside for rural and Native 
     American grants.
       The conferees have included funds to continue and expand 
     the supplemental demonstration and evaluation of enhanced 
     children's services as part of the Residential Women and 
     Children and Pregnant and Postpartum Women programs.
       The conferees intend that SAMHSA comply with the Senate 
     report directive regarding the State Incentive Grant program.
       The conferees direct SAMHSA to comply with House report 
     instructions regarding St. Elizabeth's Hospital.
       The conferees have included sufficient funds for planning, 
     implementation, and evaluation of a model initiative in San 
     Francisco for comprehensive and community-based treatment on 
     demand and substance abuse prevention, which has significant 
     implications for other urban areas.
       The conference agreement includes funding for the budget 
     request to expand the Marijuana Treatment Initiative for 
     Adolescents.
       The conferees are aware of a successful public service 
     crime prevention advertising campaign sponsored by the 
     National Crime Prevention Council and encourage SAMHSA to 
     give full consideration to this organization's experience 
     during implementation of the agency's public service 
     advertising campaign regarding youth substance abuse.
       The conferees concur that SAMHSA should give priority 
     consideration to successful community schools grantees that 
     have been effective in providing substance abuse prevention 
     services to at-risk youth. The agency shall provide the 
     Committees with ninety days notice prior to terminating any 
     Community Schools grantee funded in fiscal year 1997.
       The conferees intend that SAMHSA comply with the Senate 
     report directive regarding the submission of operational and 
     allocation plans for fiscal year 1998.
       The conference report provides $6,000,000 for high risk 
     youth grants instead of $10,000,000 proposed by the Senate. 
     The House bill contained no similar provision.

               Agency for Health Care Policy and Research


                    health care policy and research

       The conference agreement includes $90,229,000 instead of 
     $101,588,000 as proposed by the House and $77,587,000 as 
     proposed by the Senate.
       The conference agreement designates $56,206,000 to be 
     available to the Agency for Health Care Policy and Research 
     under the Public Health Service one percent evaluation set-
     aside instead of $47,412,000 as proposed by the House and 
     $65,000,000 as proposed by the Senate.
       The conferees concur with language in the House report 
     indicating that the agency's administrative costs as defined 
     in the budget justification should not increase by more than 
     one percent from 1997 to 1998.

                  Health Care Financing Administration


                     grants to states for medicaid

       The conference agreement provides $71,602,429,000 for 
     current year funding as proposed by the Senate instead of 
     $71,530,429,000 as proposed by the House. This funding level 
     reflects the current law estimate of the cost of the Medicaid 
     program.


                payments to the health care trust funds

       The conference agreement provides $60,904,000,000 instead 
     of $63,581,000,000 as proposed by both the House and the 
     Senate. This funding level reflects the most recent estimates 
     of the cost of this entitlement program.


                           program management

       The conference agreement makes available $1,743,066,000 
     instead of $1,679,435,000 as proposed by the House and 
     $1,719,241,000 as proposed by the Senate. An additional 
     appropriation of $500,000,000 has been provided for this 
     activity in the Health Insurance Portability and 
     Accountability Act of 1996.
       The conference agreement includes bill language proposed by 
     the Senate making available to the Health Care Financing 
     Administration (HCFA) administrative fees collected related 
     to Medicare overpayment recovery activities. The House bill 
     had no similar provision.
       The conference agreement includes with slight modification 
     bill language proposed by the Senate identifying $900,000 of 
     the funds provided for the costs of the National Bipartisan 
     Commission on the Future of Medicare. The language also 
     directs the Commission to examine the impact health research 
     has on Medicare costs as well as the potential for 
     coordinating Medicare with cost-effective long-term care 
     services. The House bill had no similar provision.
       The conference agreement includes bill language identifying 
     $40,000,000 for the transition to a single Part A and Part B 
     processing system and makes that funding available until 
     expended. The Senate bill contained similar language 
     providing $54,100,000 for the Medicare Transaction System. 
     The House bill did not provide funding for this activity. The 
     conferees expect HCFA to refrain from obligating any 
     additional funding for the Medicare Transaction System aside 
     from the $40,000,000 and contract closeout activities until 
     they have notified the Committees on Appropriations of their 
     plan to redesign the system.
       The conference agreement adds language not contained in 
     either the House or Senate bill establishing the authority 
     for HCFA to collect $95,000,000 in user fees for the costs of 
     beneficiary enrollment and dissemination of information for 
     the managed care activities now permitted under the Medicare 
     program. This provision fulfills the intent of the Balanced 
     Budget Act of 1997. The conferees understand that there are 
     several activities specified in the statute and believe that 
     HCFA's first priority for these funds should be to publish a 
     comparative booklet to be mailed to beneficiaries describing 
     Medicare+Choice options and comparing these options to fee-
     for-service Medicare and Medigap policies. The agency should 
     determine whether it is more cost-effective to mail the 
     booklet to each individual Medicare beneficiary or to 
     identify shard dwellings and mail one to each household. The 
     conferees believe that HCFA's second priority should be to 
     contract for a toll-free number and to implement and maintain 
     an internet site for inquiries regarding Medicare+Choice 
     options. As a third priority, the conferees encourage the 
     agency to operate Medicare+Choice health information fairs 
     and to fund the future dissemination of information 
     regarding Medicare+Choice options through local 
     beneficiary information centers and other forms of public 
     relations.
       While the agreement provides authority to collect 
     $95,000,000 in user fees for the Medicare+Choice Program, the 
     conferees direct the Secretary to utilize these resources on 
     a pro-rata basis, with the understanding that the amount may 
     be reduced after the Appropriations Committees have the 
     opportunity to conduct hearings to review the need for 
     resources to implement this program.
       The conference agreement does not include language 
     contained in the Senate bill earmarking $2,000,000 of 
     research funding for demonstration projects of Medicaid 
     coverage of community-based attendant care services for 
     people with disabilities which ensures maximum control by 
     consumers to select and manage their attendant care services. 
     The conferees are agreed, however, that $2,000,000 is 
     included for this purpose within funds provided.
       The conference agreement does not include language 
     contained in the Senate bill directing that $50,000,000 of 
     1997 appropriated funds be obligated in 1997 to increase 
     Medicare provider audits and to implement the corrective 
     action plan to the HCFA Chief Financial Officer's audit. The 
     House bill contained no similar provision. The Senate 
     language could not be implemented because 1997 funds had been 
     obligated by the time of the 1998 conference agreement. The 
     conferees have instead included bill language allowing HCFA 
     to use Program Management funds to increase Medicare provider 
     audits and to implement the Department's corrective action 
     plan to the Chief Financial Officer's audit.
       The conferees are concerned about the findings of the 1996 
     Chief Financial Officer's audit, most specifically the 
     reported payment error rate. In response to this concern, it 
     is the conferees' understanding that HCFA will reallocate 
     funds within the Peer Review Organization funding for medical 
     and utilization review activities. Peer review organizations 
     determine whether medical services and items provided under 
     the Medicare program are reasonable and medically necessary 
     and meet professionally-recognized standards of care.
       The conferees concur in the language contained in the 
     Senate report relating to continuing the telemedicine pilot 
     sites.
       The conferees strongly urge HCFA to extend the chronic 
     ventilator-dependent unit demonstration projects that are 
     currently operating and which have consistently produced 
     superior clinical outcomes according to independent 
     evaluation.
       The conferees concur with Senate report language indicating 
     that sufficient funds are included to demonstrate and 
     evaluate model programs developed by nonprofit community and 
     family services organizations which help vulnerable 
     populations understand how to use managed care.
       The conference agreement includes $1,000,000 within 
     research to conduct a demonstration of residential treatment 
     facilities at the AIDS Healthcare Foundation in Los Angeles.
       The conferees concur with House report language indicating 
     that funds have been included above the Administration's 
     request for research and demonstrations to support the costs 
     of studies and demonstration projects that are mandated in 
     the Balanced Budget Act of 1997.
       The conferees recognize that the forthcoming study by the 
     Secretary of Health and Human Services regarding coverage of 
     medical nutrition therapy by registered dietitians in the 
     part B portion of Medicare needs to be comprehensive in 
     documenting the value of this service for all applicable 
     diseases or medical conditions. Separate cost estimates 
     should be prepared for conditions for which the Secretary 
     expects significant utilization of such services, and these 
     costs should be prepared separately for therapy in individual 
     as well as group settings. The conferees recommended that the 
     Secretary take care not to exclude medical conditions such as 
     malnutrition and obesity from the study, recognizing that 
     obesity is the second leading

[[Page H10233]]

     preventable cause of death in the United States.
       The conferees note that coronary artery disease is a 
     leading cause of morbidity and mortality among the Medicare 
     population and urges the agency to initiate cost-
     effectiveness evaluations of advanced non-invasive imaging 
     technologies, such as coronary artery scanning by ultrafast 
     computerized tomography, and their potential impact on 
     lowering Medicare expenditures.
       The conferees encourage HCFA to provide grants to those 
     rural health hospitals or equivalent consortia which to date 
     have received only first or second year grants under the 
     rural health transition grant program.
       The conferees concur with Senate report language indicating 
     that the agreement includes $824,200,000 for Medicare 
     contractors in 1998 as requested by the Administration. Any 
     modification of this funding level is subject to normal 
     reprogramming procedures.
       The conferees encourage HCFA to utilize commercially 
     available software to detect and stop Medicare billing abuse.
       The conferees encourage HCFA to issue a directive to 
     Medicare contractors regarding the extension of claims 
     considered timely filed stating that Medicare will consider 
     claims timely filed if received within one year from the date 
     of the contractor's response to the request for status change 
     to Medicare as primary payer or completion of enrollment in 
     Part B by the Social Security Administration.
       The conferees are concerned that HCFA's new Medicare 
     payment policy for erythropoietin may negatively impact the 
     quality of care received by patients with end-stage renal 
     disease (ESRD), and may increase overall health care costs. 
     The conferees urge the Secretary to carefully expedite review 
     of the policy to ensure continued quality care for ESRD 
     patients.
       The conference agreement includes increases in Federal 
     administration for the costs of converting computer systems 
     to accommodate the millennium date change and the 
     administrative burdens associated with the new agency 
     activities mandated by the Balanced Budget Act of 1997.

                Administration for Children and Families


                   family support payments to states

       The conference agreement includes a provision as proposed 
     by the Senate and not included in the House bill to correct 
     an error in the allocation of certain child care funds in 
     fiscal year 1997.


                   LOW INCOME HOME ENERGY ASSISTANCE

       The conference agreement includes $1,100,000,000 in advance 
     funding for the Low Income Home Energy Assistance Program 
     (LIHEAP) for fiscal year 1999 instead of $1,000,000,000 as 
     proposed by the House and $1,200,000,000 as proposed by the 
     Senate. The conferees agree that up to 27,500,000 may be used 
     for the leveraging incentive program.


                     REFUGEE AND ENTRANT ASSISTANCE

       The conference agreement provides $415,000,000 for Refugee 
     and Entrant Assistance programs as proposed by the House 
     instead of $392,332,000 as proposed by the Senate. The 
     conferees intend that ORR comply with the directives in the 
     House report regarding communities with large concentrations 
     of refugees whose cultural differences make assimilation 
     especially difficult, refugees and communities impacted by 
     recent changes in Federal assistance programs relating to 
     welfare reform, and Cuban and Haitian entrants and refugees. 
     The conferees intend that ORR comply with the directive in 
     the Senate report regarding the Voluntary Agency Grant 
     program.


                 CHILD CARE AND DEVELOPMENT BLOCK GRANT

                     (INCLUDING TRANSFER OF FUNDS)

       The conference agreement appropriates $65,672,000 as a 
     supplement to the fiscal year 1998 appropriation that was 
     enacted last year, instead of $26,120,000 as proposed by the 
     Senate and no additional funding as proposed by the House. In 
     addition, the agreement appropriates $1,000,000,000 as an 
     advance appropriation for fiscal year 1999 as proposed in 
     both the House and Senate bills. The agreement further 
     provides that of the $19,120,000 that became available on 
     October 1, 1997 for child care resource and referral and 
     school-aged child care activities, $3,000,000 shall be 
     derived by transfer from funds appropriated in the welfare 
     reform act, instead of $6,120,000 as proposed by the Senate. 
     The House had no similar transfer provision. Lastly, the 
     conferees are concerned about the inadequate supply of 
     quality child care for infants. Therefore, the agreement 
     includes language that was not in either bill that requires 
     the States to utilize $50,000,000 above the amount required 
     by the basic law for activities that improve the quality of 
     child care. These new funds should supplement, not supplant, 
     current and planned activities to increase the supply of 
     quality child care for infants and toddlers.
       The basic law requires that not less than four percent of 
     the appropriation be used for such activities.


                      social services block grant

       The conference agreement includes $2,299,000,000 for the 
     Social Services Block Grant program instead of $2,245,000,000 
     provided in the House and Senate bills. The conference 
     agreement also includes a provision setting the amount 
     specified for allocation under section 2003(c) of the Social 
     Security Act at $2,299,000,000 instead of $2,245,000,000 as 
     proposed by the Senate. The House bill included no similar 
     provision. The conferees intended that ACF comply with the 
     reporting directive in the House report.


                children and families services programs

                        (including rescissions)

       The conference agreement appropriates $5,682,916,000, 
     instead of $5,598,052,000 as proposed by the House and 
     $5,611,094,000 as proposed by the Senate. In addition, the 
     agreement rescinds $21,000,000 from permanent appropriations 
     as proposed by the House and Senate.
       The agreement includes a parenthetical legal citation to 
     section 105(a)(2) of the Child Abuse Prevention and Treatment 
     Act as proposed by the Senate. The conferees agree that 
     within the amount provided for child abuse discretionary 
     activities, $1,000,000 is available for carrying out 
     activities authorized by that section.
       The agreement includes an earmark of $279,250,000 for the 
     Early Head Start program for children under the age of three, 
     instead of Senate bill language that would have required that 
     10 percent of any additional Head Start funds over the fiscal 
     year 1997 amount be used for this purpose. The House bill had 
     no separate provision.
       The agreement appropriates $93,000,000 from the Violent 
     Crime Reduction Trust Fund as proposed by the Senate instead 
     of $99,000,000 as proposed by the House.
       The conferees concur in the Senate Report language 
     concerning the job creation demonstration authorized under 
     section 505 of the Family Support Act of 1988 and the 
     language concerning the Alaska Federation of Natives, the 
     donations of surplus property and the prekindergarten 
     initiative for start-up costs and renovation. The conferees 
     support continuing efforts to address the needs of families 
     in public housing, such as American Samoans, who are in 
     danger of becoming homeless.
       The conferees strongly recommend that the Department 
     provide sufficient resources to allow for implementation and 
     oversight of the tribal Temporary Assistance for Needy 
     Families (TANF) and Native Employment Works (NEW) programs.
       Within the amount provided for Runaway and Homeless Youth, 
     the conference agreement includes the fiscal year 1997 
     funding level for Center County Youth Services of State 
     College and Three Rivers Youth of Pittsburgh.

                        Administration on Aging


                        aging services programs

       The conference agreement appropriates $865,050,000, instead 
     of $815,270,000 as proposed by the House and $894,074,000 as 
     proposed by the Senate. The agreement includes statutory 
     earmarks of $4,449,000 for the State ombudsman program and 
     $4,732,000 for prevention of elder abuse proposed by the 
     Senate; the House bill included no earmarks. The agreement 
     includes a legislative provision as proposed by the Senate 
     that requires the Assistant Secretary for Aging when 
     considering grant applications for nutrition services for 
     elder Indian recipients to provide maximum flexibility to 
     applicants who seek to take into account certain factors that 
     are appropriate to the unique cultural, regional and 
     geographic needs of the American Indian, Alaskan and Hawaiian 
     native communities to be served. The House had no similar 
     provision.
       The conferees concur in Senate Report language concerning 
     aging research and training activities; however, the 
     conference agreement includes $2,000,000 for social research 
     into Alzheimer's disease, as described in the Senate Report.
       The conferees expect the Administration on Aging to ensure 
     that States that have previously received or are currently 
     grant funding for senior legal hotlines are not disqualified 
     from competing for future grant funding.
       The conferees recognize the Council of Senior Centers and 
     Services of New York City, Inc. for its grassroots model 
     program to detect and report inaccurate Medicare billings and 
     strongly urge the Department to continue to work with CSCS on 
     this effort.
       In view of the regional office consideration, the conferees 
     expect the Administration on Aging to ensure that States will 
     experience no decline in policy and procedural direction or 
     technical assistance and support so that the needs of the 
     elderly continue to be met in a timely and comprehensive 
     fashion.

                        Office of the Secretary


                    general departmental management

       The conference agreement appropriates $177,482,000, instead 
     of $165,487,000 as proposed by the House and $180,439,000 as 
     proposed by the Senate. The agreement includes a legal 
     citation proposed by the Senate for the United States-Mexico 
     Border Health Commission but does not include a legal 
     citation proposed by the Senate for research studies under 
     section 1110 of the Social Security Act.
       The conferees concur with the Senate Report language 
     concerning the human services transportation technical 
     assistance program.
       The conference agreement contains an increase of $3,712,000 
     over the President's budget request for traditional 
     departmental management activities. These funds are not 
     intended to be used for any other activity. Should the 
     Secretary decide to use any part of these funds for a 
     different purpose, she must first submit a reprogramming 
     request to the Appropriations Committees.
       The conference agreement includes $800,000 to conduct 
     research into the possible links between chemical and 
     biological exposures and the illnesses suffered by tens of 
     thousands of Persians Gulf War veterans. The conferees concur 
     in the House Report language with respect to the conduct of 
     this research.

[[Page H10234]]

       The conference agreement includes $800,000 to support the 
     activities of the United States-Mexico Border Health 
     Commission as authorized by Public Law 103-400. The 
     Commission will assist in assessing and resolving current and 
     potential health problems that affect the general population 
     of the United States-Mexico border area. The conferees 
     understand that the Secretary may utilize funds provided to 
     the agencies of the Public Health Service to support the 
     activities of the Commission. The conferees strongly urge the 
     Commission to focus upon the identification, evaluation, and 
     potential resolution of current and possible health problems 
     affecting the population of the area. The conferees expect 
     the Department to expend funds appropriated for this purpose 
     for needed health assessments, research and studies conducted 
     along and across the United States-Mexico border. The 
     Commission should use a multidisciplinary approach in 
     identifying and assessing health problems in the area so that 
     a variety of viewpoints, including those from the scientific, 
     social, consumer and patient communities, may be included. 
     The conferees emphasize the importance of cultural 
     sensitivity in the conduct of the Commission's activities.
       The conference agreement includes $500,000 for the costs of 
     the National Health Museum Commission. This commission is 
     authorized in title VII of this Act.
       The conference agreement includes $1,500,000 in the Office 
     of Minority Health for an extramural construction grant for 
     the University of Arkansas at Pine Bluff, an historically 
     black institution, for the purpose of upgrading health-
     related facilities and equipment. In addition, funds are 
     included in the Office of Minority Health for the Cook 
     County/Rush Health Center (CORE Center) in Chicago and the 
     north Philadelphia Cancer Awareness and Prevention Program. 
     The funds for the CORE Center will be used for the 
     implementation of an information technology 
     infrastructure. The conferees instruct the Department to 
     maintain the current level of support for Meharry Medical 
     College to continue a cooperative agreement to support the 
     development of an integrated health delivery system in a 
     historically underserved community. The conferees expect 
     the Office of Minority Health to provide no more than 
     $1,000,000 of the total amount provided by the Department 
     to Meharry.
       The conferees intend that the minority male initiative 
     described in the House Report be funded as a cooperative 
     agreement and not as a consortium.
       The conferees are aware of the work being carried out by 
     the President's Advisory Commission on Consumer Protection 
     and Quality. The conferees are concerned that the various 
     proposals developed by the Commission may not include 
     sufficient analysis of the potential impact of each proposal. 
     Consequently, the conferees strongly urge the Commission to 
     include in its report a thorough cost analysis of the 
     Commission's recommendations.
       The conferees concur with the Senate Report language 
     concerning the need for a national public education campaign 
     on osteoporosis.
       The conferees encourage the Secretary to consider a 
     transagency initiative that might incorporate promising 
     telecommunications and computing technologies into a national 
     health information infrastructure serving not only providers, 
     payors, researchers and policymakers, but also patients, 
     consumers and caregivers.
       The conferees request that the following information 
     regarding the Commissioned Corps of the U.S. Public Health 
     Service be provided to the Committee on Appropriations in the 
     Congressional budget justification on an annual basis: 
     aggregate staffing levels by grade, rank and agency of 
     assignment; the number of officers on detail outside the 
     Department by their agency of assignment, including those 
     detailed to international organizations; and total salaries 
     paid to corps officers, including special or incentive pays.


                    office of the inspector general

       The conference agreement appropriates $31,921,000 as 
     proposed by the Senate instead of $30,921,000 as proposed by 
     the House.


                            policy research

       The conference agreement appropriates $14,000,000 as 
     proposed by the House instead of $9,500,000 as proposed by 
     the Senate.
       The conference agreement includes $5,000,000 for a study on 
     the outcomes of welfare reform. The conferees recommend that 
     this study involve state-specific surveys and data sets, 
     survey data on the impacts of state waiver programs, and 
     administrative data such as Food Stamp, Social Security and 
     Internal Revenue Service records. The study should measure 
     outcomes in both low and high economic growth areas of the 
     country. The conferees strongly urge the Department to submit 
     its research plan to the National Academy of Sciences to 
     provide guidance on research design and recommend further 
     research. The conferees further expect an interim report to 
     be submitted to the Appropriations Committees within six 
     months.
       In addition, the agreement includes $500,000 for carrying 
     out the HELP DESK initiative described in the Senate Report.

                           General Provisions


                 transfer of hansen's disease facility

       The conference agreement includes a provision in the House 
     bill transferring the Gillis W. Long Hansen's disease 
     facility in Carville, Louisiana to the State of Louisiana. 
     The Senate bill had no similar provision.


           parental participation in family planning services

       The conference agreement includes a provision in the House 
     bill prohibiting the funding of family planning grantees 
     unless the grantee certifies that it encourages family 
     participation in the decision of a minor to seek family 
     planning services and that it provides counseling to minors 
     on resisting attempts to coerce them into engaging in sexual 
     activities. The Senate bill had no similar provision.


          institute of medicine study of nih priority setting

       The conference agreement includes in modified form language 
     contained in the Senate bill directing the Secretary of 
     Health and Human Services to contract with the Institute of 
     Medicine to conduct a comprehensive study of the policies and 
     processes used by the National Institutes of Health to 
     determine funding allocations for biomedical research. The 
     conference agreement drops the $300,000 earmark for the study 
     contained in the Senate language. The House bill contained no 
     similar provision.


            parkinson's disease research reauthorization act

       The conference agreement includes in modified form (section 
     603) language contained in the Senate bill authorizing 
     funding for Parkinson's disease research at the National 
     Institutes of Health (NIH). The agreement drops Senate 
     language directing NIH to support particular research 
     mechanisms and authorizes up to $100,000,000 in fiscal year 
     1998 and such sums thereafter for these research activities. 
     The House bill contained no similar provision. The conferees 
     acknowledge the importance of Parkinson's disease research, 
     but are concerned that inclusion of this language may set an 
     unfortunate precedent for using the appropriations bill as a 
     vehicle whenever the authorizing committees fail to act.
       While currently there is no cure for Parkinson's disease, 
     the conferees are encouraged by recent scientific advances. 
     Scientists have for the first time identified a gene 
     abnormality that causes some cases of Parkinson's disease and 
     which suggests an important new link between Parkinson's and 
     Alzheimer's. This may ultimately help prevent or delay the 
     cell death that is responsible for degenerative brain 
     disease. Due to these promising research discoveries and the 
     threat of more individuals being diagnosed with Parkinson's 
     disease in future years, the conferees urge NIH to place 
     stronger emphasis on research in this area.


                  fetal alcohol syndrome authorization

       The conference agreement does not include a provision in 
     the Senate bill authorizing a program of research, public 
     awareness, and education to help prevent fetal alcohol 
     syndrome. The House bill contained no similar provision. This 
     matter is one that is more appropriately considered by the 
     authorizing committees; those committees have objected to the 
     inclusion of the provision in the conference agreement.


                       refugee program extension

       The conference agreement includes a provision (section 604) 
     proposed by the Senate extending the authorization for the 
     Refugee and Entrant Assistance programs for two years, 
     through fiscal year 1999. The House bill contained no similar 
     provision.


                           perchlorate study

       The conferees have deleted without prejudice a provision in 
     the Senate bill requiring the Secretary of Health and Human 
     Services to conduct a study of the health effects of 
     perchlorate on humans and to report the findings within nine 
     months after enactment of the appropriations bill. The House 
     bill contained no similar provision. The conferees believe 
     that this is an important health issue and urge the 
     Department to conduct such a study.


                          pebes employer study

       The conference agreement includes a provision (section 605) 
     proposed by the Senate to require the Social Security 
     Administration to provide information regarding employer 
     contributions on all Personal Earnings and Benefit Estimates 
     Statements (PEBESs). The conferees note that the SSA is 
     currently redesigning the PEBES and direct the agency to 
     expeditiously revise the PEBES to add information regarding 
     employer contributions. This initiative should be fully 
     implemented prior to the first mailing to all workers age 
     25 and over scheduled for fiscal year 2000. The House bill 
     contained no similar provision.


         medicaid and ssi eligibility for viet namese commandos

       The conference agreement includes (section 606) language 
     contained in the Senate bill clarifying that payments made by 
     the United States to Viet Namese commandos imprisoned by 
     North Viet Nam are not considered income or resources for the 
     Supplemental Security Income and Medicaid programs for those 
     commandos now in the United States. The House bill contained 
     no similar provision.


                          organ donation study

       The conference agreement deletes without prejudice the 
     provision included in the Senate bill directing the Secretary 
     of Health and Human Services, in consultation with the 
     General Accounting Office, to conduct a comprehensive study 
     of efforts underway at

[[Page H10235]]

     hospitals to improve organ and tissue procurement. The House 
     bill contained no similar provision. The conferees encourage 
     the Secretary to conduct such a study and to report to the 
     Committees on best practices for identifying donors and 
     communicating with relatives of potential donors.


                sense of the senate on organ procurement

       The conference agreement does not include language 
     contained in the Senate bill expressing the sense of the 
     Senate urging hospitals through education, establishment of 
     protocols, and assignment of staff teams to ensure that a 
     skilled and sensitive request for organ donation is provided 
     to eligible families. The House bill contained no similar 
     provision. The conferees concur in the sentiment expressed by 
     this sense of the Senate resolution.


              family violence waiver under welfare reform

       The conference agreement deletes without prejudice a 
     provision included in the Senate bill amending the Social 
     Security Act to clarify that the welfare reform statute does 
     not limit the provision of waivers to victims of domestic 
     violence. The House bill contained no similar provision.


                 e. coli research and public education

       The conference agreement has deleted without prejudice 
     language included in the Senate bill earmarking $5,000,000 
     for research, public education and evaluation relating to the 
     E. coli health threat. The House bill had no similar 
     provision. The conferees have included in the statement of 
     the managers for the National Institutes of Health and the 
     Centers for Disease Control and Prevention language 
     expressing their concern about the E. coli health threat and 
     urging these agencies to strengthen their research and 
     surveillance in this area.


                medicaid disproportionate share payments

       The conference agreement includes (sections 601 and 602) 
     bill language not contained in either the House or Senate 
     bill correcting an error in the Balanced Budget Act of 1997 
     which displayed incorrect information about the level of 
     Medicaid disproportionate share hospital payments for the 
     States of Minnesota and Wyoming. The bill corrects these 
     errors only for fiscal year 1998. The conferees expect the 
     authorizing committees to enact the correction on a permanent 
     basis.

                   TITLE III--DEPARTMENT OF EDUCATION

                            Education Reform

       The conference agreement includes $1,275,035,000 for 
     Education Reform, instead of the $1,107,165,000 proposed by 
     the House and $1,310,035,000 as proposed by the Senate. For 
     Goals 2000, the conference provides $491,000,000 instead of 
     the $530,000,000 provided by the Senate and $387,165,000 
     provided by the House.
       The conference agreement also provides $25,000,000 for 
     parental assistance instead of $15,000,000 as proposed by the 
     House and $30,000,000 as proposed by the Senate. The 
     conferees agree that the increase provided will permit 
     expansion of voluntary parent centers to additional States 
     bringing the total number of States and Territories 
     participating in the program to at least 52. It has been 
     brought to the conferees' attention that many of the grantees 
     currently receiving funding under the parental assistance 
     program are making only minimal efforts to implement Parents 
     as Teachers (PAT) or Home Instruction for Preschool 
     Youngsters (HIPPY) programs. The conferees urge the 
     Department to provide at least 50 percent of each grant award 
     for PAT or HIPPY and to report to the House and Senate 
     Appropriations Committees by April 1, 1998, on steps being 
     taken to assure that the dollars are being spent in 
     accordance with PAT and HIPPY program requirements.
       For education technology, the agreement provides 
     $584,035,000 instead of $520,000,000 as proposed by the House 
     and $580,035,000 as proposed by the Senate.
       The President's fiscal year 1998 budget requested funding 
     for the Technology Literacy Challenge Fund in the Education 
     Reform account and, as in previous years, proposed to fund 
     all other educational technology programs within the Office 
     of Education Research and Improvement (OERI). The House bill 
     followed this structure. The Senate bill included both the 
     Technology Literacy Challenge Fund and the Technology 
     Innovation Challenge Grants within the Education Reform 
     Account with other programs being funded within OERI. The 
     conference agreement includes all educational technology 
     funds within the Education Reform Account including the 
     Challenge Fund and Challenge Grants, Star Schools, Ready to 
     Learn TV and the Telecommunications Demonstration Project for 
     Mathematics. In funding these programs within the Education 
     Reform account, the conferees make no determination as to the 
     offices within the Department best suited to administer these 
     programs, believing that this decision is best left to the 
     Secretary.
       Under the Star Schools program, the conferees have included 
     $8,000,000 to continue and expand the Iowa Communications 
     Network state-wide fiber optics demonstration project.
       The conferees continue to be concerned by the rapid 
     increase in funding for technology programs and the ability 
     of LEAs to absorb these funds and spend them wisely. The 
     conferees therefore instruct the Department of Education to 
     continue to provide the reports relating to educational 
     technology outlined in the Conference Report on the fiscal 
     year 1997 Departments of Labor, Health and Human Services and 
     Education and Related Agencies Appropriations Act.
       For Technology Innovation Challenge Grants, the conference 
     agreement includes $116,000,000, instead of $85,000,000 as 
     proposed by the House. Included within the funds provided is 
     $30,000,000, as proposed by the Senate, for a new competitive 
     grants program to consortia that have developed exemplary 
     programs to train new and current teachers, administrators 
     and other educators to use advanced technology and to 
     integrate education technology into teaching methods that 
     improve instruction. The House bill contained no similar 
     provision.
       The conference agreement includes $5,000,000 for a 
     demonstration project for hospitals, universities, businesses 
     and schools for the Delaware Valley Region of Pennsylvania. 
     Funds would be used for a demonstration project to develop a 
     supercomputer infrastructure with broad-based networking 
     applications for elementary and secondary schools, colleges, 
     and universities with access to science and medical 
     technology.
       The conference agreement also includes $7,300,000 to allow 
     the Secretary of Education to fund an effort to integrate 
     technology into eighth grade algebra classrooms. The 
     conferees believe that this level of funding will support 
     three years of funding for the ``I Can Learn'' project.
       The conference agreement includes $800,000 to allow the 
     Secretary of Education to fund an initiative to provide 
     technology training to teachers through a distance education 
     network involving nine school districts and Nicolet Area 
     Technical College. This level of funding will support three 
     years of funding to support a three-tiered training program 
     in the use of technology for all teachers in grades K through 
     eight in the nine participating school districts.

                    Education for the Disadvantaged

       The conference agreement includes $8,021,827,000 for 
     Education for the Disadvantaged, instead of the 
     $8,204,217,000 included in the House and $7,807,349,000 as 
     proposed by the Senate. Of the funds made available for basic 
     grants, $1,448,396,000 becomes available on October 1, 1998 
     for the academic year 1998-99.
       The agreement includes $6,273,212,000 for basic state 
     grants and $1,102,020,000 for concentration grants.
       The conferees have provided no funding for the targeted 
     grants program. The House bill provided $400,000,000 for this 
     purpose. The Senate bill contained no similar provision.
       The conferees have included a provision proposed by the 
     Senate which provides that in allocating the fiscal year 1998 
     appropriation for basic and concentration grants under title 
     I, part A of the Elementary and Secondary Education Act of 
     1965 as amended, the Secretary shall apply a 100 percent hold 
     harmless based on total 1997 grants, including supplemental 
     appropriations provided under Public Law 105-18. The 
     conferees concur with the language outlined in the Senate 
     report regarding this issue. The House bill contained no 
     similar provision.
       The conference agreement provides $150,000,000 for 
     comprehensive school reform, including $120,000,000 under the 
     title I program, $26,000,000 under the fund for the 
     improvement of education, and $4,000,000 under the regional 
     educational laboratories. The House bill included 
     $205,000,000 for comprehensive school reform, including 
     $150,000,000 under the title I program, $50,000,000 under the 
     fund for the improvement of education, and $5,000,000 under 
     the regional educational laboratories. The Senate bill 
     included no comparable provisions.
       The conferees agree that the purpose of this initiative is 
     to provide financial incentives for schools to develop 
     comprehensive school reforms, based on reliable research and 
     effective practices and including an emphasis on basic 
     academics and parental involvement, so that all children can 
     meet challenging state content and performance goals. The 
     conference agreement establishes a floor of 83% of the total 
     funds provided for local educational agencies (LEAs) eligible 
     for title I basic grants; all LEAs may compete for the 
     remaining funds provide under the fund for the improvement of 
     education. The conferees believe that focusing the bulk of 
     the incentive funding on schools eligible for title I funds 
     will leverage systemic improvements in student achievement 
     throughout the $8 billion title I program.
       The conferees are impressed by gains in student performance 
     in a number of schools across the country that are using new 
     comprehensive models for school-wide change covering 
     virtually all aspects of school operations, rather than a 
     piecemeal, fragmented approach to reform. Examples of such 
     comprehensive school reform models including Accelerated 
     Schools, ATLAS Communities, Audrey Cohen College, Coalition 
     of Essential Schools, Community for Learning, Co-NECT, Direct 
     Instruction, Expeditionary Learning Outward Bound, High 
     Schools That Work, Modern Red Schoolhouse, National Alliance 
     for Restructuring Education, Paideia, Roots and Wings, School 
     Development Program, Success for All, Talent Development High 
     School and Urban Learning Center.
       While no single school improvement plan can be best for 
     every school, the conferees believe that more schools should 
     be encouraged to examine successful, externally developed 
     comprehensive school reform approaches that can be adapted in 
     their own

[[Page H10236]]

     communities. the conference agreement includes funding under 
     the fund for the improvement of education to enable the 
     Department, in consultation with outside experts, to identify 
     and disseminate information to schools about such approaches. 
     Such approaches must be based on rigorous research and 
     effective practices. However, schools are not restricted to 
     using only those approaches identified by the Department are 
     free to develop their own school-wide reform programs that 
     are based on rigorous research and meet the criteria listed 
     below. Further, the conferees direct that funds made 
     available to schools under this initiative shall be used only 
     for comprehensive school reform programs that:
       (a) employ innovative strategies and proven methods for 
     student learning, teaching, and school management that are 
     based on reliable research and effective practices, and have 
     been replicated successfully in schools with diverse 
     characteristics,
       (b) have a comprehensive design for effective school 
     functioning, including instruction, assessment, classroom 
     management, professional development, parental involvement, 
     and school management, that aligns the school's curriculum, 
     technology, professional development into a school-wide 
     reform plan designed to enable all students to meet 
     challenging state content and performance standards and 
     addresses needs identified through a school needs assessment,
       (c) provide high-quality and continuous teacher and staff 
     professional development and training,
       (d) have measureable goals for student performance and 
     benchmarks for meeting those goals,
       (e) are supported by school faculty, administrators and 
     staff,
       (f) provide for the meaningful involvement of parents and 
     the local community in planning and implementing school 
     improvement activities,
       (g) utilize high-quality external technical support and 
     assistance from a comprehensive school reform entity (which 
     may be a university) with experience or expertise in school-
     wide reform and improvement,
       (h) include a plan for the evaluation of the implementation 
     of school reforms and the student results achieved, and
       (i) identify how other resources (federal/state/local/
     private) available to the school will be utilized to 
     coordinate services to support and sustain the school reform 
     effort.
       The conferees direct that the Secretary of Education 
     allocate title I comprehensive school reform funds based on 
     each state's relative share of prior-year title I grants 
     under section 1124 to state educational agencies (SEAs), upon 
     application to the Secretary. In cases where a SEA declines 
     to apply for its formula-based allocation, the Secretary 
     shall reallocate the funds to other states that have a need 
     for additional funds to implement comprehensive school reform 
     programs. The Secretary may reserve up to one percent of the 
     funds for grants to schools supported by the Bureau of Indian 
     Affairs and in the territories, and up to one percent of the 
     funds to conduct national evaluation activities to assess 
     results achieved by the implementation of comprehensive 
     school reform in title I schools. The conferees anticipate 
     that initial evaluation activities will include development 
     of a plan for a third-year national evaluation, collection of 
     baseline data, and assessment of the first-year 
     implementation activities. The plan for a national evaluation 
     should focus on the results achieved by schools undertaking 
     comprehensive school reform and assess the effectiveness of 
     various school reform initiatives in schools with diverse 
     characteristics (urban/rural, title I/non-title I, 
     elementary/middle school/high school, etc.). Prior to the 
     completion of the third-year national evaluation, the 
     Secretary shall submit an interim report to the House and 
     Senate appropriations and authorizing committees.
       The conferees direct that each SEA receiving funds under 
     this initiative use such funds to award grants, on a 
     competitive basis, to enable LEAs within the state to 
     implement comprehensive school reform programs. Each SEA 
     application to the Secretary shall describe (1) the process 
     and selection criteria by which the SEA, using expert review, 
     will make competitive grants to eligible LEAs, (2) how the 
     SEA will ensure that only high quality, well-defined, and 
     well-documented comprehensive school reform programs meeting 
     the criteria listed above are funded, (3) how the SEA will 
     disseminate materials developed by the Department identifying 
     research-based comprehensive school reform models and provide 
     technical assistance to assist LEAs and schools in 
     evaluating, selecting, developing and implementing 
     comprehensive school reforms, (4) how the SEA will evaluate 
     the implementation of comprehensive school reforms and 
     measure the results achieved in improving student academic 
     performance, and (5) such other criteria as the Secretary may 
     reasonably require. The conferees direct that each SEA 
     provide assurances that the financial assistance provided 
     shall supplement, not supplant, federal, state and local 
     funds the LEAs and schools would otherwise receive. The 
     conferees further direct that SEAs provide such 
     information as the Secretary may require, including the 
     names of the LEAs and the individual schools receiving 
     allocations and the amount allocated to each school.
       In awarding competitive grants to LEAs using title I funds, 
     the conferees direct SEAs to make awards that are of 
     sufficient size and scope to support the initial start-up 
     costs for particular comprehensive reform plan selected or 
     designed by the schools identified in the LEA application, 
     but that are not less than $50,000 per school and renewable 
     for two additional year after the initial award. In 
     allocating comprehensive school reform funds under this 
     account, the conferees encourage SEAs to award grants to LEAs 
     that will use these funds in schools in need of improvement 
     under section 1116(c) of part 1 of Title I of ESEA. The 
     conferees also encourage SEAs to award grants to LEAs in 
     different parts of the state, including rural urban and rural 
     communities, to LEAs proposing to serve schools at different 
     grade levels (elementary/middle/high school), and to LEAs 
     that demonstrate a commitment to assisting schools with 
     budget reallocation strategies necessary to ensure that 
     comprehensive school reforms are properly implemented and 
     sustained in the future. SEAs may reserve up to five percent 
     of these funds for administrative, evaluation and technical 
     assistance expenses, including expenses necessary to inform 
     LEAs and schools about research-based comprehensive school 
     reform approaches.
       The conferees direct that each LEA application to the SEA 
     for comprehensive school reform funds (1) identify which 
     schools eligible for title I funds within the LEA will 
     implement a comprehensive school reform program and the level 
     of funding requested, (2) describe the research-based 
     comprehensive school reform programs that such schools will 
     implement, (3) describe how the LEA will provide technical 
     assistance and support for the effective implementation of 
     the comprehensive school reform programs selected by such 
     schools, and (4) describe how the LEA will evaluate the 
     implementation of comprehensive school reforms in such 
     schools and measure the results achieved in improving student 
     academic performance.

                               Impact Aid

       The conference agreement provides $808,000,000 for the 
     Impact Aid programs instead of $796,000,000 as proposed by 
     the House and $794,500,000 as proposed by the Senate. The 
     conference agreement includes legislative provisions 
     regarding eligibility for assistance for heavily impacted 
     districts, the distribution of funds for Federal Property, 
     timely filing of applications, overpayments, and 
     construction.

                      School Improvement Programs

       The conference agreement provides $1,538,188,000 for School 
     Improvement Programs, instead of $1,507,388,000 as proposed 
     by the House and $1,542,293,000 as proposed by the Senate. 
     For the Eisenhower professional development activities, the 
     agreement provides $335,000,000 instead of the $310,000,000 
     provided in both the House and Senate bills. The conferees 
     have included an additional $25,000,000 to improve 
     professional development activities relating to literacy and 
     expect that these funds be used for teacher training which is 
     based on reliable, replicable research to improve student 
     performance in reading. Within the overall amount for School 
     Improvement, the conference agreement provides $556,000,000 
     for Safe and Drug Free School, and Communities, as proposed 
     by the House. The Senate provided $555,978,000 for this 
     purpose.
       The conferees have provided sufficient funds within the 
     safe and drug free schools and communities, national programs 
     to permit the Secretary of Education to establish a program 
     to protect student victims and witnesses of violence in 
     school. The program would provide training and technical 
     assistance to State and local educational agencies to assist 
     them in establishing, and implementing programs designed to 
     protect victim of, and witnesses to, violence in elementary 
     and secondary schools.
       The conferees have also set aside $450,000 for student 
     safety toll-free hotlines. The funds are to be provided for 
     pilot programs to provide students in elementary and 
     secondary schools with confidential assistance regarding 
     school crime, violence, drug dealing, and threats to personal 
     safety.
       Also within the Safe and Drug Free Schools National 
     Programs, the conferees have set aside $350,000 for the 
     Yonkers School System to allow the expansion of school safety 
     and drug prevention activities in those schools with 
     especially severe drug and violence problems. Funds will help 
     to expand model programs providing peer mediation at the 
     elementary and secondary school level, the training of school 
     personnel and parents to prevent drug use and violent 
     behavior and other activities.
       The conferees also encourage the Secretary of Education, 
     working with the Department of Justice, to give consideration 
     to funding comprehensive action plans that pool community, 
     law enforcement and educational resources and stress 
     rehabilitated role models, sustained self-sufficiency and 
     reciprocal restitution to reduce juvenile delinquency.
       The conferees agree that of the $10,500,000 provided for 
     Arts in Education, $1,000,000 has been included to support 
     the International Very Special Arts Festival.
       The conference agreement includes $80,000,000 for Charter 
     Schools, instead of $100,000,000 as proposed by the House and 
     $50,987,000 as proposed by the Senate. The conferees agree 
     that the Secretary should take appropriate steps, including 
     issuing guidance to relevant State authorities, to enable 
     charter schools to receive other federal funds in their first 
     year operation. These funds include Title I and all other 
     federal educational assistance monies, that they would 
     otherwise receive notwithstanding the fact that the identity 
     and characteristics of the students enrolling in the school

[[Page H10237]]

     will not be fully and completely determined until it actually 
     opens. The conferees direct the Secretary to report to the 
     Congress within six months on the steps taken to implement 
     this directive. The report should also address the timing 
     problem that accompanies the expansion of enrollment in a 
     school's subsequent years of operation.
       The conference agreement deletes language proposed by the 
     Senate earmarking $3,000,000 for continuation costs for 
     innovative programs for magnet schools. The conferees 
     understand that it is the Department's intent to provide 
     continuation costs for this purpose.
       For training and advisory services the agreement provides 
     $7,334,000, the same as the House and Senate bills. The funds 
     are provided to continue the 10 regional desegregation 
     centers. No funds are included for civil rights units in 
     State education agencies.


                       child literacy initiative

                     (including transfer of funds)

       For fiscal year 1998, the conference agreement includes 
     $85,000,000 for child literacy initiatives allocated under 
     existing statutory authorities: Even Start Program, 
     Eisenhower Professional Development, Fund for the Improvement 
     of Education, and The Corporation for National and Community 
     Service. The conferees agree that funds are to be used for 
     child literacy initiatives consistent with applicable 
     statutory authorities, and the goals and concepts of a child 
     literacy initiative described in House Report 105-116. Where 
     funds are used for training teachers how to teach reading, 
     the conferees expect such activities to be based on reliable, 
     replicable research.
       The conference agreement includes a fiscal year 1999 
     advance appropriation of $210,000,000 for a child literacy 
     initiative, instead of $260,000,000 proposed by the House and 
     the Senate. The House proposed that if an authorization for 
     child literacy is not enacted by April 1, 1998, funds are to 
     be made available for Special Education for the 1999-2000 
     school year. The Senate bill provided funds only if 
     specifically authorized by April 1, 1998. The conference 
     agreement provides that if an authorization for child 
     literacy is not enacted by July 1, 1998, funds are to be made 
     available for Special Education State grant program for the 
     1999-2000 school year.


                           special education

       The conference agreement includes $4,810,646,000 for 
     Special Education, instead of the $4,428,647,000 proposed by 
     the House and $4,958,073,000 as proposed by the Senate. 
     Included in these funds is $3,801,000,000 for Grants to the 
     States, instead of $3,425,911,000 proposed by the House bill 
     and $3,941,837,000 proposed by the Senate.
       The conferees are aware that the Department of Education 
     supports an effective program of clearinghouses to collect 
     and disseminate information for students with disabilities 
     about education from preschool through college and graduate 
     school. These clearinghouses, which provide valuable 
     information to assist students with disabilities in planning 
     successful education outcomes, reach millions of children, 
     youth and adults with disabilities and their families and the 
     professionals who work with them. The conferees encourage the 
     Department to continue to support these activities.
       The conferees note that both the House and Senate reports 
     identify funding for the Easter Seal Society's Early 
     Childhood Development Project for the Mississippi River Delta 
     Region. The conferees endorse this project and have set aside 
     funds as outlined in the Senate report. Within the Research 
     and Innovation to Improve Services account, the conferees 
     agree that sufficient funds are included for a comprehensive 
     study of the disproportionate number of students from 
     minority backgrounds in special education programs. The 
     conferees direct that the Department of Education contract 
     with the National Academy of Sciences no later than 90 days 
     after the enactment of this Act to conduct this study. The 
     conferees further direct that the study be completed no later 
     than 24 months after the date on which the contract is 
     finalized. As part of this study, the National Academy of 
     Sciences will convene a study panel including appropriate 
     minority representatives. The National Academy of Sciences 
     shall be directed, as part of the contract, to consult with 
     the House and Senate Committees on Appropriations regarding 
     appointments to the study panel.
       Included in the conference agreement is $32,523,000 for 
     technology and media services, as proposed by the House, 
     instead of the $32,023,000 as proposed by the Senate bill. 
     The conferees have included within the amounts provided for 
     this activity, $500,000 for a project to develop, refine, and 
     disseminate information on adaptive technologies. Funds would 
     be used to conduct research, develop state-of-the-art 
     personnel preparation programs and for a pilot project using 
     technology to link parents and their children with 
     disabilities to public school districts and community service 
     providers.
       The conference agreement includes $6,000,000 for Recordings 
     for the Blind and Dyslexic as described in the House and 
     Senate Reports. The increase provided will finance services 
     to an increasing number of visually impaired students and 
     will allow the use of other funds to support the conversion 
     of its analog tape system to a digital format.
       The conference agreement also provides $1,500,000 for the 
     Readline Program as proposed by the Senate, and endorses the 
     language included in the Senate report.


            rehabilitation services and disability research

       The conference agreement includes $2,591,195,000 for 
     Rehabilitation Services and Disability Research, instead of 
     $2,589,176,000 as proposed by the House and $2,591,286,000 
     proposed by the Senate.
       For the National Institute for Disability and 
     Rehabilitation Research (NIDR) the conference agreement 
     includes $76,800,000 the same level as proposed by the House, 
     instead of the $71,000,000 as proposed by the Senate.
       The conference agreement includes $5,000,000, as proposed 
     by the House, within the funds provided for the National 
     Institute for Disability and Rehabilitation Research to 
     permit the establishment of 15 model systems and a national 
     data center for traumatic brain injury. The Senate bill 
     provided $2,500,000 for this purpose.
       The conferees also note that similar language was included 
     in both the House and Senate reports concerning the 
     establishment of a rehabilitation engineering research center 
     focusing on the unique needs of landmine survivors. The 
     conferees have included $850,000 within the amounts for the 
     National Institute for Disability and Rehabilitation 
     Research for this purpose.
       The conferees specifically endorse the provisions of the 
     Senate report urging the Secretary to set aside $1,000,000 to 
     support new assisted living programs that develop state-of-
     the-art electronic technology.
       Also included are sufficient funds within the National 
     Institute for Disability and Rehabilitation Research for a 
     demonstration designed to provide summer recreational and 
     residential programs for orthopedically impaired, multiple 
     handicapped and medically frail children and adults. Funds 
     would be used to operate programs with progressive 
     educational and therapeutic techniques that would maximize 
     each individual's mobility and potential for independent 
     living. The conferees note that the Hebrew Academy for 
     Special Education in New York City would be especially suited 
     for such a demonstration.

           Special Institutions for Persons with Disabilities


                 american printing house for the blind

       The conference agreement provides $8,186,000 for the 
     American Printing House for the Blind as proposed by the 
     House instead of $7,906,000 as proposed by the Senate.


               national technical institute for the deaf

       The conference agreement provides $44,141,000 for the 
     National Technical Institute for the Deaf as proposed by the 
     Senate instead of $43,841,000 as proposed by the House.


                          gallaudet university

       The conference agreement provides $81,000,000 for Gallaudet 
     University as proposed by the Senate instead of $80,682,000 
     as proposed by the House.

                     Vocational and Adult-Education

       The conference agreement includes $1,507,698,000 for 
     Vocational and Adult Education instead of the $1,506,975,000 
     as proposed by the House and $1,487,698,000 as proposed by 
     the Senate. Included in the agreement for Vocational 
     Education basic state grants, is $1,027,550,000, instead of 
     the $1,035,550,000 as proposed by the House and 
     $1,015,550,000 proposed by the Senate and for Adult Education 
     the agreement provides $345,339,000, instead of the 
     $340,339,000 provided in both the House and Senate bills.
       The conferees also endorse language contained in the Senate 
     report under the national programs account regarding a 
     demonstration project to develop work force skills for this 
     nation's expanding audio-visual communications industry.

                      Student Financial Assistance

       The conference agreement provides $8,978,934,000 for 
     Student Financial Assistance instead of $9,046,407,000 as 
     proposed by the House and $8,591,641,000 as proposed by the 
     Senate. The conference agreement sets the maximum Pell Grant 
     at $3,000 and provides a program level of $7,154,000,000 for 
     current law Pell Grants which includes $7,058,000,000 in new 
     appropriations and $96,000,000 in carryover funds from the 
     previous year as authorized by law. The agreement provides an 
     additional $286,000,000 which may be used, if not needed to 
     fund the maximum $3,000 Pell Grant according to the latest 
     available estimates at the time the Pell Grant schedules 
     are published, to increase the income protection 
     allowances (IPAs) for independent and dependent students 
     in the need analysis formula used for all need-based 
     student financial assistance programs.
       To the extent that Pell Grant funds are available in excess 
     of the amount needed to fund a $3,000 maximum award at the 
     time the Pell Grant payment schedule is issued, the Secretary 
     may increase the IPAs above the statutory amounts previously 
     in effect, up to the amounts established in this conference 
     agreement. The conferees expect the Secretary to provide a 
     full $3,000 maximum Pell Grant. However, in the event that 
     future estimates indicate that the amounts available are not 
     sufficient to fully fund a $3,000 maximum Pell Grant at the 
     IPA levels in effect prior to enactment of this Act, the 
     conference agreement requires the Secretary to reduce Pell 
     Grant awards in accord with the award reduction provisions in 
     this Act. These provisions have been included in each 
     appropriations Act beginning with fiscal

[[Page H10238]]

     year 1994. The conferees wish to emphasize that if Pell Grant 
     funds are projected to be insufficient to support the higher 
     IPA levels permitted by this Act at the time the Pell Grant 
     payment schedules are published, the Secretary must first 
     reduce the IPA levels, and then, if funds are estimated to be 
     insufficient to support a maximum $3,000 Pell Grant at the 
     IPA levels in effect prior to enactment of this Act, reduce 
     Pell Grant award levels below $3,000.
       The conferees expect that the Secretary will use the most 
     recent data available to update program and funding estimates 
     and will not artificially alter such estimates for any 
     purpose including masking a potential funding shortfall. 
     While the conferees understand the difficulty of projecting 
     Pell Grant costs several years in the future, they direct the 
     Secretary to determine IPA adjustments based on the best 
     program and funding estimates available, without regard to 
     margins of error associated with statistical estimates. The 
     conferees further direct the Secretary to notify the 
     Appropriations Committees of the Pell Grant program and 
     funding estimates, the related IPA levels to be established 
     for award year 1998-1999, and the methodologies for 
     calculating the above at least 15 days prior to issuing the 
     Pell Grant payment schedule.
       The legislative changes described above are included in the 
     conference report with the full concurrence of the 
     authorizing committees of jurisdiction. The IPA changes 
     authorized in this conference agreement are temporary, and 
     the conferees expect the authorizing committees of 
     jurisdiction to establish permanent IPAs in a reauthorization 
     of the Higher Education Act.
       The conference agreement deletes two provisions proposed by 
     the Senate and not included in the House bill making 
     available funding for the State Student Incentive Grant 
     program and the Education Infrastructure program from 
     unobligated balances previously appropriated for Pell Grants. 
     The State Student Incentive Grant program is separately 
     funded in the conference agreement through new 
     appropriations. The conferees have provided $135,000,000 for 
     new capital contributions under the Perkins Loan program, the 
     amount necessary to maintain the same new loan volume in 
     fiscal year 1998 as was provided for fiscal year 1997.


             Federal Family Education Loan Program Account

       The conference agreement provides $46,482,000 for the 
     Federal Family Education Loan Program Account as proposed by 
     the Senate instead of $47,688,000 as proposed by the House.


                            higher education

       The conference agreement provides $946,738,000 for Higher 
     Education instead of $909,893,000 as proposed by the House 
     and $929,752,000 as proposed by the Senate. The conference 
     agreement deletes a provision in the House bill and not 
     included in the Senate bill which requires Byrd Scholarships 
     to be prorated in order to fund the same number of new 
     scholarships in fiscal year 1998 as was funded in fiscal year 
     1997. The conference agreement includes a provision as 
     proposed by the Senate to permit the Department to award new 
     and continuing Javits Fellowships. The House bill permitted 
     the award of continuing but not new scholarships. The 
     conference agreement includes a provision not included in 
     either the House or Senate bills providing $3,000,000 for an 
     education technology and distance learning center at Empire 
     State College in New York.
       The conferees have included $1,000,000 for the Advanced 
     Technical Center at Mexico, Missouri, for the coordinated 
     delivery of technical education in cooperation with community 
     colleges and secondary education systems including State 
     technical schools. Funds will be used to provide participants 
     with high-capacity voice, video and data line connections to 
     couple the facilities to each other and to satellite up-
     links. Funds will also be used for training of vocational 
     school instructors, and community college faculty.
       The conferees encourage the Department to provide the 
     amounts suggested and to provide full and fair consideration 
     to the potential applicants designated in the Senate report 
     under the heading ``Funding for the Improvement of 
     Postsecondary Education''.
       Regarding International Education and Foreign Language 
     Studies domestic programs, the conferees are aware of the 
     success of the American Overseas Research Center Program and 
     commend the Department for its support of the Centers. 
     However, the conferees are concerned that qualified 
     applicants were denied awards due to the overall funding 
     limits. To support more overseas centers, the conferees urge 
     the Secretary to allocate $100,000 for grants to additional 
     centers to be awarded on a competitive basis.
       It has been brought to the conferees attention that a 
     problem exists in the distribution of funds to Historically 
     Black Graduate Institutions by the Department of Education. 
     The conferees question the wisdom of removing funds from one 
     institution to transfer them to another institution unless a 
     particular institution is unable to meet the prior year 
     matching requirement. The inequities in the distribution of 
     these funds should be addressed in the reauthorization of the 
     Higher Education Act.


                           howard university

       The conference agreement provides $210,000,000 for Howard 
     University as proposed by the House instead of $198,000,000 
     as proposed by the Senate. The agreement includes a provision 
     proposed by the House to permit Howard University to allocate 
     funds for the endowment as authorized by law. The Senate bill 
     designated for the endowment and made available until 
     expended not less than $3,530,000. The conferees intend that 
     Howard University and the Department comply with the House 
     report directive regarding the endowment.


             education research, statistics and improvement

       The conference agreement includes $431,438,000 for 
     Education Research, Statistics and Improvement, instead of 
     the $423,252,000 as proposed by the House and $323,190,000 as 
     proposed in the Senate. As noted in the section of this 
     Statement on Education Reform, all of the separate technology 
     activities formerly funded in this account are now funded as 
     part of Education Reform.
       The conferees note that section 931 of P.L. 103-227 gives 
     the Office of Research, Statistics and Improvement the 
     authority to renew research center grants for five additional 
     years after the first competitive award, based on 
     recommendations of a 1992 National Academy of Sciences review 
     of OERI. The conferees encourage OERI to consider renewal for 
     centers performing high quality research as indicated by the 
     third-year external review.
       For regional education laboratories, the conferees provide 
     $56,000,000, instead of the $57,000,000 as proposed in the 
     House bill, and $53,500,000 as proposed by the Senate. The 
     conferees agree that $4,000,000 of this amount shall be used 
     in accordance with the direction in House Report 105-205 
     regarding comprehensive school reform. Further, the conferees 
     intend that the regional laboratory governing boards set the 
     research and development priorities to guide the work funded 
     and that the funds be obligated and distributed in accordance 
     with the fiscal year 1997 allocations by December 1, 1997. 
     The conferees further agree that $1,000,000, as proposed by 
     House, shall be for the third year evaluation of the 
     laboratories instead of the $42,500,000 as proposed by the 
     Senate.
       For the fund for the improvement of education (FIE), the 
     conferees provide $108,100,000 instead of the $80,000,000 as 
     proposed by the House and $50,000,000 as proposed by the 
     Senate. Except as modified below, the conferees have reviewed 
     and concur in the items identified in the House and Senate 
     reports.
       Within the funds provided, the conferees encourage the 
     Department to conduct a competition for a project to document 
     the educational readiness of at-risk children from birth to 
     age six which could identify at-risk pregnant mothers who 
     would be especially suited to document how different types of 
     support systems promote the development and learning of young 
     children.
       Also within FIE, the conferees have included a provision 
     which provides up to $1,000,000 to a State education agency 
     to pay the cost of appraisals, resource studies and other 
     expenses associated with the exchange of state trust land 
     which lies within the boundaries of the Grand Staircase-
     Escalante National Monument for other lands outside of the 
     monument. This provision would reimburse the state of Utah 
     for certain costs associated with the exchange of this land.
       Within FIE, the conferees specifically endorse the language 
     contained in the House report (105-205) relating to the Jump 
     Start program and the Model Youth program and have provided 
     $225,000 for the National Student and Parent Mock Elections.
       The conferees have included within the funding available 
     for the fund for the improvement of education, $55,000 for 
     community based projects to assist with the education and 
     mentoring of children who are at-risk. The After School 
     program of the St. Stephen Life Center in Louisville, 
     Kentucky provides assistance to at-risk students with 
     homework, tutoring, computer literacy, humanities instruction 
     and personal finance skills, while stressing self-
     sufficiency, innovation, respect and quality of life for 
     students.
       The conferees have also provided $350,000 for the White 
     Plains City School District to expand the after-school 
     program housed in the schools and run by the City's Youth 
     Bureau. The current program provides child care and 
     recreational activities to low-income families. These funds 
     will be used to add an academic component to the program 
     including computer instructions, literacy and parenting 
     education to parents and expansion of the program to the 
     summer months.
       The agreement includes $500,000 for a demonstration project 
     to support public broadcasting of student performed classical 
     music. The Young Performance series, which affords six to 
     eighteen-year-old musicians the opportunity to air their 
     talents, would be especially suited to carry out such a 
     demonstration.
       The conferees have included $1,000,000,000 for the National 
     Museum of Women in the Arts for activities associated with 
     the archiving of works by women artists. The conferees have 
     also included $5,000,000 for programs to provide at-risk 
     children with innovative learning opportunities in safe 
     learning environments. Monies have been provided to the 
     Children's Museums in Philadelphia, Baltimore, Boston and 
     Children's museums in Chicago and the Museum of Science and 
     Industry in Chicago to operate

[[Page H10239]]

     these programs which will include multidisciplinary cultural 
     programming that integrates the arts and humanities with 
     mathematics and science.
       Within the funds provided for FIE, the conferees have 
     included $8,000,000 for a demonstration of public school 
     facilities repair and construction to be awarded to the Iowa 
     Department of Education. Also included within the funds 
     provided for FIE is $100,000 for a project in Montgomery 
     County Pennsylvania to develop and install computer 
     networking and telecommunications.
       The conferees have included $500,000 for enhanced teacher 
     training for longitudinal project ``Early Interventions for 
     Children and Reading Problems'' involving nine public 
     elementary schools in the District of Columbia. Such a 
     project will focus upon research-based components critical to 
     success in learning to read and spell (phonemic awareness, 
     alphabetic and orthographic knowledge, and comprehension 
     strategy instruction) all within a literature-rich 
     environment. The Teacher training component will involve five 
     activities; general coordination/training, generic teacher 
     training, comprehension training, teacher processes and 
     curriculum-based assessments.
       The conference agreement includes $26,000,000 for 
     comprehensive school reform, instead of $50,000,000 proposed 
     by the House and no funding proposed by the Senate. The 
     agreement also provides for extended availability of 
     $25,000,000.
       The conferees direct that the $25,000,000 be awarded by the 
     Secretary of Education to SEAs for grants to LEAs, to be used 
     in conjunction with $120,000,000 provided under title I. 
     These funds shall be allocated based on each state's relative 
     share of the school-age (ages 5-17) population to SEAs, upon 
     application to the Secretary, except that the Secretary may 
     utilize other reasonable criteria to determine state 
     allocations. In cases where a SEA declines to apply for its 
     formula-0based allocation, the Secretary shall reallocate the 
     funds to other states that have a need for additional funds 
     to implement comprehensive school reform programs. The 
     Secretary may reserve up to one percent of the funds for 
     grants to Indian schools and the territories, and up to one 
     percent of the funds, that combined with the title I 
     evaluation set-aside, shall be used for national evaluation 
     activities.
       The conferees intend that schools receiving financial 
     assistance under this account select or develop comprehensive 
     school reform approaches that meet the criteria 
     outlined under title I--demonstration of innovative 
     practices, and that requirements for state and LEA 
     applications outlined under title I--demonstration of 
     innovative practices also apply, except that any school 
     within an LEA may be included in the LEA's application for 
     financial assistance provided under this account. The 
     conferees further agree that the Secretary shall 
     administer the comprehensive school reform initiative as a 
     unified program, and that each SEA and LEA may develop a 
     consolidated application for funds provided under both 
     this and the title I account.
       In awarding competitive grants to LEAs using FIE funds, the 
     conferees direct SEAs to make awards that are of sufficient 
     size and scope to support the initial start-up costs for the 
     particular comprehensive reform plan selected or designed by 
     the schools identified in the LEA application, but that are 
     not less than $50,000 per school and renewable for two 
     additional years after the initial award. The conferees 
     encourage SEAs to award grants to LEAs in different parts of 
     the state, including urban and rural communities, and to LEAs 
     proposing to serve schools at different grade levels 
     (elementary/middle/high school), and to LEAs that demonstrate 
     a commitment to assisting schools with budget reallocation 
     strategies necessary to ensure that comprehensive school 
     reforms are properly implemented and sustained in the future. 
     SEAs may reserve up to five percent of these funds for 
     administrative, evaluation and technical assistance expenses, 
     including expenses necessary to inform LEAs and schools about 
     research-based comprehensive school reform approaches.
       The conference agreement also includes $1,000,000 that the 
     department shall use to identify research-based approaches to 
     comprehensive school reforms that show the most promise of 
     meeting the objectives of this initiative, and disseminate 
     that information to SEAs, LEAs, and schools so that they can 
     make informed choices about what strategies will work best in 
     their communities. In identifying such approaches, the 
     Department shall consult with outside experts in disciplines 
     relevant to school-wide transformation, which may include 
     effective teaching and learning methods, child development, 
     assessment, school finance, school organization and 
     management, and evaluation, on whether such approaches are 
     based on reliable research and effective practices. The 
     Department shall report to the appropriations and authorizing 
     committees on the process and criteria used to determine 
     whether such approaches are based on rigorous, reliable 
     research and effective practices.
       The conference agreement includes $40,000,000 for 21st 
     Century Community Learning Centers, instead of $50,000,000 as 
     proposed by the House and $1,000,000 as proposed by the 
     Senate. The conferees agree that the 21st Century Community 
     Learning Centers program presents an excellent opportunity to 
     engage at-risk young people in productive and constructive 
     activities during their non-school hours. The conferees urge 
     the Department of Education and the Corporation for National 
     and Community Service to seek ways to use volunteers to help 
     in the process of identifying and developing a cadre of local 
     community volunteers to maximize and leverage community 
     resources to the fullest extent.
       For Eisenhower professional development national 
     activities, the conferees provide $23,300,000 instead of the 
     $21,000,000 as proposed by the House and the $25,000,000 
     proposed by the Senate. Included within this amount is 
     $18,500,000 for the Board of Professional Teaching Standards, 
     of which $16,000,000 shall be for assessment development and 
     $2,500,000 shall be for teacher subsidies.

                Institute of Museum and Library Services

       The conference agreement provides $146,340,000 for the 
     Institute of Museum and Library Services instead of 
     $142,000,000 as proposed by the House and $146,369,000 as 
     proposed by the Senate. The agreement provides funding under 
     the heading ``Institute of Museum and Library Services'' as 
     proposed by the Senate instead of ``Libraries'' as proposed 
     by the House. The conference agreement deletes a provision of 
     the Senate bill not included in the House bill designating 
     $15,455,000 for national leadership grants. The conferees 
     concur in the provisions of the Senate report regarding a 
     project to digitize a card catalog, a project regarding an 
     historic medical library collection, a one-of-a-kind 
     historical library in Pennsylvania, and a demonstration of 
     interactive Internet connections.


                        Departmental Management

       The conference agreement includes $432,806,000 for 
     Departmental Management, instead of the $415,270,000 as 
     proposed by the House and $429,586,000 in the Senate.
       The conferees recognize that Public Service Recognition 
     Week has educated America as to the value of the career 
     workforce which carries out the day-to-day operations of 
     government. This program, which has existed for over ten 
     years, plays an important role in educating our nation's 
     youth and providing them with timely information about their 
     government. The conferees urge the Secretary to support the 
     elementary and secondary education projects of Public Service 
     Recognition Week.
       The conferees have deleted without prejudice a provision 
     included in the Senate which provided $1,100,000 for the 
     Millennium 2000 project.
       The conferees endorse the language outlined in the Senate 
     report regarding research programs on reading development and 
     disability, and also concur in the directive to the Secretary 
     of Education to consult with the Director of the National 
     Institute of Child Health and Human Development to convene a 
     panel to assess the current status of research and effective 
     approaches to teaching children to read.
       The conferees agree that sufficient funds are included to 
     enable the Department to expand its Internet website in order 
     to provide enhanced information to students on public and 
     private student financial assistance programs pursuant to 
     section 409(A)(1) of the Higher Education Act.

                           General Provisions


                  SPACE AND TECHNOLOGY ADVISORY BOARD

       The agreement does not include a provision in the House 
     bill prohibiting the use of funds for the National Academy of 
     Sciences, Space and Technology Advisory Board.


                 STRENGTHENING INSTITUTIONS ENDOWMENTS

       The conference agreement includes a provision proposed by 
     the House and not included in the Senate bill to permit 
     grantees under Title III A and B of the Higher Education Act 
     to use funds for the purposes of endowment as authorized 
     under Part C of the Act.


                     DEFINITION OF ELIGIBLE LENDERS

       The conference agreement deletes two provisions proposed by 
     the House and not included in the Senate bill to clarify the 
     definition of ``eligible lender'' for the purposes of the 
     Federal Family Education Loan program.


             STUDENT LOAN GUARANTY AGENCY RESERVE RECAPTURE

       The conference agreement provides for the recapture of 
     $282,000,000 in student loan guaranty agency reserves 
     previously held by the Higher Education Assistance 
     Foundation.


                            SCHOOL VIOLENCE

       The conferees have deleted Section 305 of the Senate bill 
     without prejudice. The conferees have indicated in this 
     Statement that funds for elementary and secondary school 
     witnesses and victims of violence is included in Safe and 
     Drug Free Schools and Communities National Programs.


                        SCHOOL VIOLENCE HOTLINES

       The agreement deletes Section 306 of the Senate bill 
     without prejudice. The conferees have included funding for 
     school violence hotlines in Safe and Drug Free Schools and 
     Communities National Programs.


                     95% OF FUNDS TO LOCAL SCHOOLS

       The conference agreement deletes section 307 as proposed by 
     the Senate regarding certification from the Department of 
     Education that 95 percent of the funds provided be used 
     directly for teachers and students. The House bill contained 
     no similar provision.
       The conferees direct the Secretary of Education to provide 
     to the Committee on Labor and Human Resources, the Committee 
     on Education and the Workforce, and the House and Senate 
     Committees on Appropriations

[[Page H10240]]

     by April 1, 1998, a certification that not less than 95 
     percent of the amount appropriated to the Department of 
     Education is being used directly for teachers and students. 
     If the Secretary determines that less than 95 percent of such 
     amount is being used directly for teachers and students, the 
     Secretary shall certify the percentage of such amount that is 
     being used for this purpose.


                           SMALLER CLASS SIZE

       The conference agreement deletes section 308 as proposed by 
     the Senate requiring the Secretary of Education to conduct a 
     study regarding enrollments. The House bill contained no 
     similar provision.
       The conferees direct the Secretary to conduct a study 
     examining the economic, educational and societal costs of the 
     increase in enrollment of secondary school students during 
     the period 1998-2008; the creation of smaller class sizes for 
     students enrolled in grades 1 through 3; and the increase in 
     enrollments in relation to the creation of smaller class 
     sizes. The study should also include the cost to state and 
     local school districts. The conferees further direct the 
     Secretary to report to the Congress within 9 months of 
     enactment of this Act. This report should include 
     recommendations regarding what local school districts, States 
     and the Federal Government can do to address the issue of 
     increased enrollments of secondary school students and the 
     need for smaller class sizes in grades 1 through 3.


                              PELL GRANTS

       The conference agreement deletes a provision proposed by 
     the Senate and not included in the House bill expressing the 
     sense of the Senate regarding Pell Grants.

                       TITLE IV--RELATED AGENCIES

                      Armed Forces Retirement Home

       The conference agreement provides $68,669,000 for the Armed 
     Forces Retirement Home instead of $70,277,000 as proposed by 
     the House and $65,452,000 as proposed by the Senate. The 
     conference agreement includes a provision not contained in 
     the House or Senate bills which permits the Armed Forces 
     Retirement Home to contract for planned renovation activities 
     specified in the budget request. Due to budgetary 
     constraints, the conferees have not included the full amount 
     requested for capital projects but have provided legislative 
     authority to allow the Home to contract for the completion of 
     the requested capital activities pending future 
     appropriations.

             Corporation for National and Community Service


        domestic volunteer service programs, operating expenses

       The conference agreement provides $256,604,000 for the 
     Domestic Volunteer Service programs instead of $227,547,000 
     as proposed by the House and $232,604,000 as proposed by the 
     Senate.

               Federal Mediation and Conciliation Service


                         salaries and expenses

       The conference agreement includes the citation for the 
     Federal Mediation and Conciliation Service proposed by the 
     House.

                        National Mediation Board


                         salaries and expenses

       The conference agreement includes $8,600,000 as proposed by 
     the Senate instead of $8,400,000 as proposed by the House.

            Occupational Safety and Health Review Commission


                         salaries and expenses

       The conference agreement provides $7,900,000 for the 
     Occupational Safety and Health Review Commission as proposed 
     by the House instead of $7,800,000 as proposed by the Senate.

                  Medicare Payment Advisory Commission


                         salaries and expenses

       The conference agreement provides $7,015,000 for the 
     consolidated Medicare Payment Advisory Commission. The House 
     bill provided $3,258,000 for the Physician Payment Review 
     Commission and $3,257,000 for the Prospective Payment 
     Assessment Commission. The Senate bill provided $3,508,000 
     for the Physician Payment Review Commission and $3,507,000 
     for the Prospective Payment Assessment Commission. The 
     Prospective Payment Assessment Commission and the Physician 
     Review Commission were consolidated into the Medicare Payment 
     Advisory Commission pursuant to section 1805 of P.L. 105-33, 
     the Budget Reconciliation Act for 1997.

                       Railroad Retirement Board


                     dual benefits payments account

       The conference agreement provides $193,500,000 for dual 
     benefits payments as proposed by the Senate instead of 
     $194,000,000 as proposed by the House.


                      limitation on administration

       The conference agreement includes a limitation on transfers 
     from the railroad trust funds of $87,228,000 for 
     administrative expenses instead of $85,728,000 as proposed by 
     the House and $87,728,000 as proposed by the Senate.


             limitation on the office of inspector general

       The conference agreement includes a limitation on transfers 
     from the railroad trust funds of $5,794,000 for the Office of 
     Inspector General instead of $5,000,000 as proposed by the 
     House and $5,394,000 as proposed by the Senate. The 
     conference agreement includes a provision by the House 
     prohibiting the use of funds other than those provided under 
     this heading for the Office of Inspector General. The 
     conference agreement includes a provision proposed by the 
     House prohibiting the use of funds for any audit, 
     investigation or review of the Medicare program.

                     Social Security Administration


                  supplemental security income program

       The conference agreement includes $16,370,000,000 for the 
     Supplemental Security Income Program instead of 
     $16,380,000,000 as proposed by the House and $16,417,525,000 
     as proposed by the Senate. The agreement deletes without 
     prejudice a provision proposed by the Senate and not included 
     in the House bill designating $2,225,000 for a limb loss 
     disability return to work demonstration project.


                 limitation on administrative expenses

       The conference agreement includes a limitation of 
     $6,409,040,000 on transfers from the Social Security and 
     Medicare trust funds and Supplemental Security Income program 
     for administrative activities instead of $6,418,040,000 as 
     proposed by the House and $6,462,708,000 as proposed by the 
     Senate. The conference agreement includes the citation for 
     section 10203 of Public Law 105-33 as proposed by the Senate. 
     The conference agreement includes a provision not proposed in 
     either the House or Senate bills allowing the Social Security 
     Administration to use unexpended fiscal year 1997 funds for 
     fiscal year 1998 activities.
       The conference agreement includes a provision proposed by 
     the House and not included in the Senate bill requiring the 
     Secretary of the Treasury to reimburse the trust funds from 
     general revenues for expenditures related to union activities 
     performed on official time. The conferees request that Social 
     Security coordinate with the government-wide reporting effort 
     which will be undertaken by the Office of Personnel 
     Management in consultation with the Office of Management and 
     Budget as required by Public Law 105-61.
       The conferees support the Social Security Administration's 
     unique, cooperative training program for Administrative Law 
     Judges which is recognized by State Bar Associations for 
     continuing legal education credits. The conferees encourage 
     the Office of Hearings and Appeals to continue this training 
     program and to expand financial support to enable greater ALJ 
     participation.


                      office of inspector general

                     (including transfer of funds)

       The conference agreement provides $48,424,000 for the 
     Office of Inspector General through a combination of general 
     revenues and limitations on trust fund transfers instead of 
     $52,424,000 as proposed by the House and $37,354,000 as 
     proposed by the Senate.

                      TITLE V--GENERAL PROVISIONS


                    distribution of sterile needles

       Both the House and Senate bills contained restrictions on 
     the use of federal funds for the distribution of sterile 
     needles for the injection of any illegal drug (section 505). 
     The Senate bill repeated language from previous 
     appropriations bills allowing the Secretary to waive the 
     prohibition if she determined that such programs are 
     effective in preventing the spread of HIV and do not 
     encourage the use of illegal drugs. The House bill removed 
     the Secretary's authority over this issue.
       The conference agreement includes the House language 
     prohibiting the use of federal funds for carrying out any 
     program for the distribution of sterile needles or syringes 
     for the injection of any illegal drug. This provision is 
     consistent with the goal of discouraging illegal drug use and 
     not increasing the number of needles and syringes in 
     communities.
       The conference agreement also includes bill language 
     limiting the use of federal funds for sterile needle and 
     syringe exchange projects until March 31, 1998. After that 
     date such projects may proceed if (1) the Secretary of Health 
     and Human Services determines that exchange projects are 
     effective in preventing the spread of HIV and do not 
     encourage the use of illegal drugs; and (2) the project is 
     operated in accordance with criteria established by the 
     Secretary for preventing the spread of HIV and for ensuring 
     that the project does not encourage the use of illegal drugs. 
     This provision is consistent with the goal of allowing the 
     Secretary maximum authority to protect public health while 
     not increasing the overall number of needles and syringes in 
     communities.
       With respect to the first criteria, the conferees expect 
     the Secretary to make a determination based on a review of 
     the relevant science. If the Secretary makes the necessary 
     determination, then the conferees expect the Secretary to 
     require the chief public health officer of the State or 
     political subdivision proposing to use federal funds for 
     exchange projects to notify the Secretary that, at a minimum, 
     all of the following conditions are met: (1) a program for 
     preventing HIV transmission is operating in the community; 
     (2) the State or local health officer has determined that an 
     exchange project is likely to be an effective component of 
     such a prevention program; (3) the exchange project provides 
     referrals for treatment of drug abuse and for other 
     appropriate health and social services; (4) such project 
     provides information on reducing the risk of transmission of 
     HIV; (5) the project complies with established standards for 
     the disposal of hazardous medical waste; and (6) the State or

[[Page H10241]]

     local health officer agrees that, as needs are identified by 
     the Secretary, the officer will collaborate with federally 
     supported programs of research and evaluation that relate to 
     exchange projects.
       It is hoped that the delay in implementation of the 
     provision with regard to exchange projects will allow the 
     authorizing committees sufficient time to conduct a complete 
     review and evaluation of the scientific evidence, as well as 
     any conditions proposed by the Secretary, and consider the 
     need for legislation with regard to these programs. It is the 
     intent of the conferees that the Appropriations Committees 
     refrain from further restrictions on the Secretary's 
     authority over exchange after March 31, 1998.


                               technical

       The conference agreement inserts the word ``the'' before 
     the word ``Departments'' in section 516 as proposed by the 
     House.


                    salaries and expenses reduction

       The conference agreement deletes section 517 of the Senate 
     bill that would have reduced salaries and expenses 
     appropriations for all agencies in the bill by a total of 
     $75,500,000 to be allocated by the Office of Management and 
     Budget. The House had no similar provision.


                           teamsters election

       The conference agreement includes a general provision 
     (section 518) proposed by the House that prohibits the use of 
     funds in this Act for the election of officers of the 
     International Brotherhood of Teamsters. The conference 
     agreement deletes section 106 of the Senate bill which 
     included a related provision. The conferees are aware that 
     the U.S. District Court is currently supervising the election 
     of IBT officers pursuant to a consent decree between the IBT 
     and the Department of Justice. This consent decree provided, 
     in part, a Federal government option to order supervision of 
     the 1996 election at government expense. While the Department 
     of Labor contributed a portion of the funding to assist the 
     Department of Justice in financing the 1996 election 
     supervision expenses, it is the understanding of the 
     conferees that the cost to rerun this election is expected to 
     be significantly less than the original election and will be 
     partially borne by the union. No Department of Labor 
     contribution is provided in this bill.


                           tobacco provisions

       The conferees have deleted four provisions included by the 
     Senate relating to a national tobacco settlement. The 
     conferees concur that these matters should be debated and 
     resolved during consideration of tobacco settlement 
     implementing legislation. The conferees believe, however, 
     that any national tobacco settlement should include a 
     provision requiring public disclosure of all private 
     attorneys' fees paid by all parties in connection with an 
     action maintained by a State against one or more tobacco 
     companies to recover tobacco-related costs affected by any 
     federal tobacco settlement. Furthermore, the conferees agree 
     that the authorizing committees with jurisdiction over the 
     implementing legislation should consider whether the 
     legislation should limit the rate and/or total or private 
     attorneys' fees paid on behalf of attorneys or the plaintiffs 
     or defendants in connection with any action maintained by a 
     State against one or more tobacco companies to recover 
     tobacco-related expenses. Finally, the conferees believe that 
     tobacco growers and tobacco growing communities should be 
     fairly compensated as part of any settlement legislation.


                         education block grants

       The agreement deletes Section 523 of the Senate bill 
     regarding education block grants. The House bill contained no 
     similar provision. The conferees remain concerned by the 
     paperwork and inefficiency associated with the need to apply 
     for the many different federal education programs. The House 
     and Senate Committees on Appropriations want to work with the 
     Department of Education and the General Accounting Office to 
     determine the true paperwork and dollar cost to localities 
     associated with application and record keeping of these 
     various programs.


               prohibition on voluntary national testing

       The House bill contained a prohibition on the use of 
     federal funds for the development, planning or administration 
     of any national program for testing in reading or 
     mathematics. The provision exempts the National Assessment of 
     Educational Progress and the Third International Math and 
     Science Study.
       The House bill also contained a provision prohibiting the 
     administration of any national tests in 4th grade and reading 
     and 8th grade mathematics until the submission of a final 
     report by the National Academy of Sciences.
       The Senate bill contained several provisions. The first 
     required the Office of Educational Research and Improvement 
     to submit to the Senate Appropriations Committee a spending 
     plan for activities under the Education Research, Statistics, 
     and Improvement account prior to obligation.
       The second gives the National Assessment Governing Board 
     exclusive authority over the policies direction and 
     guidelines for implementing voluntary national tests for 4th 
     grade reading and 8th grade mathematics. The provision also 
     required that any such tests be voluntary and that within 90 
     days of enactment the Board shall review the contact for the 
     national tests and, if necessary modify or terminate and 
     renegotiate any contracts. The provision lists the specific 
     authorities of the board.
       The third provision also expressly prohibited any State or 
     local educational agency from requiring any private, 
     parochial school student or home-schooled student to take any 
     national test without the written consent of the student.
       The fourth provision of the Senate bill changed the 
     composition of the National Assessment Governing Board to add 
     one governor, two mayors, and two business representatives 
     and make ethnical changes to the make-up and process for 
     appointment to the Board.
       The conferees and the Administration agree that it is 
     important to have high, voluntary standards in the basic 
     skills of reading and math, to measure whether students are 
     meeting these standards, and to provide that information to 
     students, parents and teachers. The Administration has 
     proposed voluntary national tests in order measure student 
     achievement related to national standards. However, every 
     state already administers a number of tests and many are 
     concerned that an additional, national, test would be an 
     unnecessary burden.
       To address this concern, the conference agreement (sec. 
     305-311) states that the National Academy of Sciences will be 
     commissioned to conduct a study of the feasibility of 
     equating existing state and commercially available tests with 
     other and with the National Assessment of Educational 
     Progress. the purpose of this study is to determine whether 
     it will be possible to use existing tests administered by 
     states and local school districts to compare individual 
     student performance with existing, challenging national 
     content and performance standards. The purpose is also to 
     determine if the same tests can be sued to compare the 
     performance of students in different states and communities, 
     on different tests, to each other. The NAS shall submit a 
     report on this study to the Congress no later than June 15, 
     1998, and a final report no later than September 1, 1998.
       The NAS will conduct this study in consultation with the 
     National Governors' Association (NGA), the National 
     Conference of State Legislatures (NCSL), NAGB, the Congress 
     and the White House. While the NAS study is being conducted, 
     NAGB will have exclusive authority over contract RJ97153001, 
     as stated in this Act, which will be based on the same 
     content and performance standards as are used for NAEP, and 
     which are linked to NAEP to the maximum extent possible.
       The conference agreement further provides that the National 
     Academy of Sciences shall submit a written report by 
     September 1, 1998 to the Committee on Education and Workforce 
     in the House of Representatives, the Committee on Labor and 
     Human Resources in the Senate, and the House and Senate 
     Appropriations Committees that evaluates the technical 
     quality, validity and reliability of developed test items on 
     national 4th grade reading and 8th grade mathematics tests; 
     evaluates whether test items are free from racial, cultural 
     or gender bias; evaluates whether the test items address the 
     needs of disadvantaged, limited English proficient and 
     disabled students; and evaluates whether the test items can 
     be used for tracking, graduation or promotion of students.
       The conferees intend that the National Assessment Governing 
     Board shall hold public hearings on these test development 
     activities and on the recommendations submitted by the 
     National Academy of Sciences. The National Assessment 
     Governing Board shall ensure that such hearings are widely 
     publicized, and that activities conducted to publicize such 
     hearings communicate effectively with the broad and diverse 
     populations that may be affected by such tests.
       The Administration and the authorizing Committees of the 
     U.S. Congress will work together to incorporate the findings 
     from the NAS study into the reauthorization of NAEP and NAGB. 
     The conferees understand that the Administration agrees that, 
     where it is feasible and practical to validly and reliably 
     equate test scores and link performance levels on State 
     assessments and commercially available standardized tests 
     with the National Assessment of Education Progress, then 
     these tests may serve the same purpose as the proposed 
     national test. To the extent that NAS study demonstrates ways 
     in which existing tests can be equated with each other and 
     with NAEP, or ways in which existing tests can be modified in 
     order to facilitate such equating, the Administration and the 
     House Committee on Education and Workforce intend to work 
     together to implement these recommendations through the 
     reauthorization of NAEP.
       In order to inform future deliberations on the appropriate 
     uses of tests measuring student academic performance and to 
     prevent the misuse of such tests, particularly for minority 
     and limited English proficient students, the conference 
     agreement provides for a third study to be conducted by the 
     National Academy of Sciences that makes recommendations on 
     appropriate methods, practices, and safeguards to ensure that 
     existing and new tests that may be used to measure student 
     performance are not used in a discriminatory manner or 
     inappropriately for tracking or other ``high stakes'' 
     purposes. The NAS is also directed to report on ways to 
     ensure that such tests adequately assess student reading and 
     mathematics comprehension in the form most likely to yield 
     accurate information regarding student achievement in reading 
     and mathematics. The conference agreement provides that this 
     NAS report shall be submitted to

[[Page H10242]]

     the White House, National Assessment Governing Board, the 
     Committee on Education and the Workforce in the House of 
     Representatives and the Committee on Labor and Human 
     Services in the Senate, and the Committees on 
     Appropriations in the House of Representatives and Senate 
     not later than September 1, 1998.
       The conferees encourage the National Assessment Governing 
     Board and the National Academy of Sciences, in convening any 
     advisory committees or expert panels needed to carry out the 
     requirements of this Act, to take into account racial, ethnic 
     and gender diversity and balance.
       The conference agreement further provides that the federal 
     government shall not require any state, local educational 
     agency or school district to administer or implement any 
     pilot or field test in any subject or grade, or require any 
     student to take any national test in any subject or grade. In 
     addition, no federal, state or local educational agency may 
     require any private or parochial school student, or home-
     schooled student, to take any pilot or field test developed 
     under this Act without the written consent of the parents or 
     legal guardians.
       The Conferees understand that the Administration will 
     submit legislation for a revised school facilities 
     initiative.

    Limitation on Penalties Under the Individuals with Disabilities 
                             Education Act

       The agreement deletes section 521 of the House bill 
     limiting the penalties the Secretary of Education may impose 
     on states not providing special education services to 
     individuals 18 years or older who are incarcerated in adult 
     state prisons.


                      abortion funding restriction

       Both the House and Senate bills contain a revised version 
     of the Hyde amendment. This updated version clarifies the 
     intent of that amendment, approved annually since 1976 by 
     Congress. Since 1993 the Hyde amendment has prohibited 
     federal funding of abortions in Medicaid and other programs 
     governed by the Departments of Labor, Health and Human 
     Services, and Education and Related Agencies appropriations 
     bill, except when the relevant federal agency is notified 
     that the pregnancy is due to rape or incest or that the 
     mother's life would be endangered if the fetus were carried 
     to term.
       A technical clarification is deemed necessary because many 
     states are now arranging for delivery of health benefits 
     through managed care, using federal funds to help pay for 
     premiums for health benefits packages instead of suing them 
     to reimburse for specific procedures after the fact. The 
     words ``managed care'' in subsections 509(c) and 510(c) are 
     intended to cover any arrangement that involves contracting 
     for a package of health benefits, as opposed to providing 
     reimbursement for specific procedures.
       The intent of section 509 is to ensure that no federal 
     funds are used to pay for abortions, or to contract with a 
     provider or insurer for a package of health benefits that 
     includes abortions, beyond those abortions specified in 
     subsection 510(a). The amendment does not affect or apply to 
     the use of separate state, local, or private funds, other 
     than Medicaid matching funds, to pay for abortions or to 
     contract for abortion coverage, so long as such coverage is 
     contracted for separately from the federally subsidized 
     contract. It does not bar a state or locality from 
     contracting separately with a managed care provider or 
     insuring organization for abortions or abortion coverage for 
     patients who use a federal program, so long as the State's or 
     locality's contribution of Medicaid matching funds is not 
     used for this purpose. Federal agencies or entities of the 
     federal government may not separately provide or contract for 
     such abortions or abortion coverage, because they are barred 
     from funding abortions or including abortion coverage (beyond 
     those abortions specified in subsection 510(a)) in health 
     benefits packages paid for in whole or in part with funds 
     appropriated under this Act. (The conferees note that 
     Congress has also prohibited the use of federal funds to 
     subsidize contracts including abortion coverage, while 
     allowing states to contract separately for abortion coverage 
     if they choose to do so, under the State Children's Health 
     Insurance Program P.L. 105-33).
       This amendment also clarifies the intent of the Hyde 
     amendment's ``life of the mother'' exception, restricting it 
     to cases ``where a woman suffers from a physical disorder, 
     physical injury, or physical illness'' that a physician has 
     certified would ``place the woman in danger of death unless 
     an abortion is performed.'' Similar language has been 
     approved repeatedly by Congress as part of a proposed ban on 
     partial-birth abortion. The life-endangering physical 
     condition may be one that is ``caused by or arising from the 
     pregnancy itself''--that is, it may be a life-threatening 
     physical illness that did not pre-exist the woman's 
     pregnancy.
       This language is intended to prevent expansive 
     interpretations of the ``life of the mother'' exception. The 
     exception applies only if the individual woman herself 
     suffers from ``a physical disorder, physical injury, or 
     physical illness'' that would, ``as certified by a physician, 
     place the woman in danger of death unless an abortion is 
     performed.''

                       TITLE VI--OTHER PROVISIONS

       The conference agreement includes a number of legislative 
     provisions which the conferees have consolidated into a 
     separate title of the bill. These provisions concern the 
     following subjects: Parkinson's disease research, Minnesota 
     and Wyoming Medicaid disproportionate share hospitals, 
     refugee program authorization, Social Security personal 
     earnings and benefit estimates, a technical correction to the 
     Department of Transportation and Related Agencies 
     Appropriations Act, a technical correction to the Balanced 
     Budget Act of 1997 related to the welfare-to-work program, 
     and Medicaid eligibility for Vietnamese commandos imprisoned 
     by North Vietnam. Most of them are discussed in this joint 
     statement at the places where they originally appeared in the 
     bill.


   h.r. 2169, the department of transportation and related agencies 
                 appropriations act technical amendment

       The conference agreement includes a provision (section 607) 
     that makes available an additional $50,000,000 in liquidating 
     cash in fiscal year 1998 for trust fund share of expenses. 
     This provision is necessary to provide sufficient liquidating 
     cash in fiscal year 1998 to cover the contract authority made 
     available for transit formula grants in the H.R. 2169, the 
     Department of Transportation and Related Agencies 
     Appropriations Act. This appropriation corrects an error in 
     the fiscal year 1998 Department of Transportation and Related 
     Agencies Appropriations Act and is scored as a mandatory 
     appropriation in the annual budget process.


                  welfare to work technical amendment

       The conference agreement includes a technical correction to 
     the Balanced Budget Act of 1997 with respect to the welfare-
     to-work program. The provision corrects a drafting error with 
     respect to the State matching requirement. This provision was 
     not contained in either the House or the Senate bill.


                       student loan consolidation

       The conference agreement includes a new provision (section 
     609) of the bill which was not included in either the House 
     or Senate bills. This provision amends the Higher Education 
     Act to permit the consolidation of certain student loans and 
     to clarify the treatment of education tax credits in 
     determining the amount of Federal student financial 
     assistance available to individual students.

                   TITLE VII--NATIONAL HEALTH MUSEUM

       The conference agreement includes a new title VII of the 
     bill that inserts the National Health Museum Development Act. 
     This Act specifies that the National Health Museum shall be 
     located on or near the Mall on land owned by the Federal 
     government or the District of Columbia in the District of 
     Columbia. It also establishes a commission to conduct a study 
     of the appropriate Federal role in the planning and operation 
     of the National Health Museum. The Commission will submit the 
     study within one year of its first meeting and then 
     terminate. The Museum would be the nation's central public 
     resource for education in the health sciences. This provision 
     was not in either the House or Senate bills.

                          Conference Agreement

       The following table displays the amounts agreed to for each 
     program, project or activity with appropriate comparisons:

[[Page H10243]]

     [GRAPHIC] [TIFF OMITTED] TH07NO97.000
     


[[Page H10244]]

     [GRAPHIC] [TIFF OMITTED] TH07NO97.001
     


[[Page H10245]]

     [GRAPHIC] [TIFF OMITTED] TH07NO97.002
     


[[Page H10246]]

     [GRAPHIC] [TIFF OMITTED] TH07NO97.003
     


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[[Page H10304]]

     John Edward Porter,
     Bill Young,
     Henry Bonilla,
     Dan Miller,
     Jay Dickey,
     Roger F. Wicker,
     Anne M. Northup,
     Bob Livingston,
     David Obey,
     Louis Stokes,
     Steny H. Hoyer,
     Nancy Pelosi,
     Nita M. Lowey,
     Rosa L. DeLauro,
                                Managers on the Part of the House.
     Arlen Specter,
     Thad Cochran,
     Slade Gorton,
     Kit Bond,
     Judd Gregg,
     Larry E. Craig,
     Lauch Faircloth,
     Kay Bailey Hutchison,
     Ted Stevens,
     Fritz Hollings,
     Tom Harkin,
     Daniel K. Inouye,
     Dale Bumpers,
     Harry Reid,
     Herb Kohl,
     Patty Murray,
     Robert C. Byrd,
     Managers on the Part of the Senate.

                          ____________________