[Congressional Bills 103th Congress] [From the U.S. Government Publishing Office] [H.R. 2518 Reported in House (RH)] Union Calendar No. 88 103d CONGRESS 1st Session H. R. 2518 [Report No. 103-156] _______________________________________________________________________ A BILL Making appropriations for the Departments of Labor, Health and Human Services, and Education, and related agencies, for the fiscal year ending September 30, 1994, and for other purposes. _______________________________________________________________________ June 24, 1993 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed Union Calendar No. 88 103d CONGRESS 1st Session H. R. 2518 [Report No. 103-156] Making appropriations for the Departments of Labor, Health and Human Services, and Education, and related agencies, for the fiscal year ending September 30, 1994, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES June 24, 1993 Mr. Natcher, from the Committee on Appropriations, reported the following bill; which was committed to the Committee of the Whole House on the State of the Union and ordered to be printed _______________________________________________________________________ A BILL Making appropriations for the Departments of Labor, Health and Human Services, and Education, and related agencies, for the fiscal year ending September 30, 1994, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Departments of Labor, Health and Human Services, and Education, and related agencies for the fiscal year ending September 30, 1994, and for other purposes, namely: TITLE I--DEPARTMENT OF LABOR Employment and Training Administration program administration For expenses of administering employment and training programs and for carrying out section 908 of the Social Security Act, $92,406,000, together with not to exceed $46,655,000, which may be expended from the Employment Security Administration account in the Unemployment Trust Fund. training and employment services For expenses necessary to carry into effect the Job Training Partnership Act, as amended, including the purchase and hire of passenger motor vehicles, the construction, alteration, and repair of buildings and other facilities, and the purchase of real property for training centers as authorized by the Job Training Partnership Act, $4,943,181,000 plus reimbursements, to be available for obligation for the period July 1, 1994, through June 30, 1995, of which $61,871,000 shall be for carrying out section 401, $78,303,000 shall be for carrying out section 402, $8,957,000 shall be for carrying out section 441, $1,473,000 shall be for the National Commission for Employment Policy, $5,357,000 shall be for all activities conducted by and through the National Occupational Information Coordinating Committee under the Job Training Partnership Act, and $3,831,000 shall be for service delivery areas under section 101(a)(4)(A)(iii) of the Job Training Partnership Act in addition to amounts otherwise provided under sections 202, 252 and 262 of the Act; and, in addition, $126,556,000 is appropriated for necessary expenses of construction, rehabilitation, and acquisition of Job Corps centers, including $20,000,000 for new centers, as authorized by the Job Training Partnership Act, in addition to amounts otherwise provided herein for the Job Corps, to be available for obligation for the period July 1, 1994 through June 30, 1997; and, in addition, $744,000 is appropriated for the Glass Ceiling Commission authorized by title II of the Civil Rights Act of 1991; and, in addition, $744,000 is appropriated for the National Center for the Workplace authorized by title XV, part A, of Public Law 102-325; and, in addition, $12,537,000 is appropriated for activities authorized by title VII, subtitle C of the Stewart B. McKinney Homeless Assistance Act: Provided, That no funds from any other appropriation shall be used to provide meal services at or for Job Corps centers: Provided further, That $300,000,000 for carrying out part B of title II of the Job Training Partnership Act shall be available for obligation for the period October 1, 1993 through June 30, 1994: Provided further, That appropriations in this paragraph are available to carry out the Women in Apprenticeship and Nontraditional Occupations Act (Public Law 102- 530) for the period beginning October 1, 1993. community service employment for older americans To carry out the activities for national grants or contracts with public agencies and public or private nonprofit organizations under paragraph (1)(A) of section 506(a) of title V of the Older Americans Act of 1965, as amended, $320,190,000. To carry out the activities for grants to States under paragraph (3) of section 506(a) of title V of the Older Americans Act of 1965, as amended, $90,310,000. federal unemployment benefits and allowances For payments during the current fiscal year of benefits and payments as authorized by title II of Public Law 95-250, as amended, and of trade adjustment benefit payments and allowances under part I, and for training, for allowances for job search and relocation, and for related State administrative expenses under part II, subchapter B, chapter 2, title II of the Trade Act of 1974, as amended, $190,000,000 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: Provided, That amounts received or recovered pursuant to section 208(e) of Public Law 95-250 shall be available for payments. state unemployment insurance and employment service operations For activities authorized by the Act of June 6, 1933, as amended (29 U.S.C. 49-49l-1; 39 U.S.C. 3202(a)(1)(E)); title III of the Social Security Act, as amended (42 U.S.C. 502-504); necessary administrative expenses for carrying out 5 U.S.C. 8501-8523, and sections 225, 231-235 and 243-244, title II of the Trade Act of 1974, as amended; as authorized by section 7c of the Act of June 6, 1933, as amended, necessary administrative expenses under sections 101(a)(15)(H), 212(a)(5)(A), (m) (2) and (3), (n)(1), and 218(g) (1), (2), and (3), and 258(c) of the Immigration and Nationality Act, as amended (8 U.S.C. 1101 et seq.); necessary administrative expenses to carry out the Targeted Jobs Tax Credit Program under section 51 of the Internal Revenue Code of 1986, and section 221(a) of the Immigration Act of 1990, $69,542,000 together with not to exceed $3,327,707,000 (including not to exceed $2,098,000 which may be used for amortization payments to States which had independent retirement plans in their State employment service agencies prior to 1980, and including not to exceed $1,000,000 which may be obligated in contracts with non-State entities for activities such as occupational and test research activities which benefit the Federal-State Employment Service System), which may be expended from the Employment Security Administration account in the Unemployment Trust Fund, and of which the sums available in the allocation for activities authorized by title III of the Social Security Act, as amended (42 U.S.C. 502-504), and the sums available in the allocation for necessary administrative expenses for carrying out 5 U.S.C. 8501-8523, shall be available for obligation by the States through December 31, 1994, except that funds used for automation acquisitions shall be available for obligation by States through September 30, 1996; and of which $67,486,000 together with not to exceed $807,870,000 of the amount which may be expended from said trust fund shall be available for obligation for the period July 1, 1994, through June 30, 1995, to fund activities under the Act of June 6, 1933, as amended, including the cost of penalty mail made available to States in lieu of allotments for such purpose, and of which $347,272,000 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 1994 is projected by the Department of Labor to exceed 3.28 million, an additional $27,000,000 shall be available for obligation for every 100,000 increase in the AWIU level (including a pro rata amount for any increment less than 100,000) from the Employment Security Administration Account of the Unemployment Trust Fund. advances to the unemployment trust fund and other funds For repayable advances to the Unemployment Trust Fund as authorized by sections 905(d) and 1203 of the Social Security Act, as amended, and to the Black Lung Disability Trust Fund as authorized by section 9501(c)(1) of the Internal Revenue Code of 1954, as amended; and for nonrepayable advances to the Unemployment Trust Fund as authorized by section 8509 of title 5, United States Code, and section 104(d) of Public Law 102-164, and section 5 of Public Law 103-6, and to the ``Federal unemployment benefits and allowances'' account, to remain available until September 30, 1995, $2,556,000,000. In addition, for making repayable advances to the Black Lung Disability Trust Fund in the current fiscal year after September 15, 1994, for costs incurred by the Black Lung Disability Trust Fund in the current fiscal year, such sums as may be necessary. Labor-Management Standards salaries and expenses For necessary expenses for Labor-Management Standards, $27,309,000. Pension and Welfare Benefits Administration salaries and expenses For necessary expenses for Pension and Welfare Benefits Administration, $64,408,000. Pension Benefit Guaranty Corporation pension benefit guaranty corporation fund The Pension Benefit Guaranty Corporation is authorized to make such expenditures, including financial assistance authorized by section 104 of Public Law 96-364, within limits of funds and borrowing authority available to such Corporation, and in accord with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act, as amended (31 U.S.C. 9104), as may be necessary in carrying out the program through September 30, 1994, for such Corporation: Provided, That not to exceed $34,194,000 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, $237,176,000 together with $989,000 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. 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, $279,000,000 together with such amounts as may be necessary to be charged to the subsequent year appropriation for the payment of compensation and other benefits for any period subsequent to August 15 of the current year: Provided, That such sums as are necessary may be used for a demonstration project under section 8104 of title 5, United States Code, in which the Secretary may reimburse an employer, who is not the employer at the time of injury, for portions of the salary of a reemployed, disabled beneficiary: Provided further, That balances of reimbursements from Federal Government agencies unobligated on September 30, 1993, shall remain available until expended for the payment of compensation, benefits, and expenses: Provided further, That in addition there shall be transferred from the Postal Service fund to this appropriation such sums as the Secretary of Labor determines to be the cost of administration for Postal Service employees through September 30, 1994: Provided further, That the Secretary may require that any person filing a notice of injury or a claim for benefits under Subchapter 5, U.S.C., Chapter 81, or under Subchapter 33, U.S.C. 901, et seq. (the Longshore and Harbor Workers' Compensation Act, as amended), provide as part of such notice and claim, such identifying information (including Social Security account number) as such regulations may prescribe. black lung disability trust fund (including transfer of funds) For payments from the Black Lung Disability Trust Fund, $1,001,575,000, of which $947,967,000, shall be available until September 30, 1995, for payment of all benefits as authorized by section 9501(d) (1), (2), (4), and (7), of the Internal Revenue Code of 1954, as amended, and interest on advances as authorized by section 9501(c)(2) of that Act, and of which $28,929,000 shall be available for transfer to Employment Standards Administration, Salaries and Expenses, and $24,384,000 for transfer to Departmental Management, Salaries and Expenses, and $295,000 for transfer to Departmental Management, Office of Inspector General, for expenses of operation and administration of the Black Lung Benefits program as authorized by section 9501(d)(5)(A) of that Act: Provided, That in addition, such amounts as may be necessary may be charged to the subsequent year appropriation for the payment of compensation, interest, or other benefits for any period subsequent to June 15 of the current year: Provided further, That in addition such amounts shall be paid from this fund into miscellaneous receipts as the Secretary of the Treasury determines to be the administrative expenses of the Department of the Treasury for administering the fund during the current fiscal year, as authorized by section 9501(d)(5)(B) of that Act. Occupational Safety and Health Administration salaries and expenses For necessary expenses for the Occupational Safety and Health Administration, $294,640,000, including not to exceed $68,630,000, 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: Provided, That none of the funds appropriated under this paragraph shall be obligated or expended to prescribe, issue, administer, or enforce any standard, rule, regulation, or order under the Occupational Safety and Health Act of 1970 which is applicable to any person who is engaged in a farming operation which does not maintain a temporary labor camp and employs ten or fewer employees: Provided further, That no funds appropriated under this paragraph shall be obligated or expended to administer or enforce any standard, rule, regulation, or order under the Occupational Safety and Health Act of 1970 with respect to any employer of ten or fewer employees who is included within a category having an occupational injury lost workday case rate, at the most precise Standard Industrial Classification Code for which such data are published, less than the national average rate as such rates are most recently published by the Secretary, acting through the Bureau of Labor Statistics, in accordance with section 24 of that Act (29 U.S.C. 673), except-- (1) to provide, as authorized by such Act, consultation, technical assistance, educational and training services, and to conduct surveys and studies; (2) to conduct an inspection or investigation in response to an employee complaint, to issue a citation for violations found during such inspection, and to assess a penalty for violations which are not corrected within a reasonable abatement period and for any willful violations found; (3) to take any action authorized by such Act with respect to imminent dangers; (4) to take any action authorized by such Act with respect to health hazards; (5) to take any action authorized by such Act with respect to a report of an employment accident which is fatal to one or more employees or which results in hospitalization of two or more employees, and to take any action pursuant to such investigation authorized by such Act; and (6) to take any action authorized by such Act with respect to complaints of discrimination against employees for exercising rights under such Act: Provided further, That the foregoing proviso shall not apply to any person who is engaged in a farming operation which does not maintain a temporary labor camp and employs ten or fewer employees. Mine Safety and Health Administration salaries and expenses For necessary expenses for the Mine Safety and Health Administration, $193,858,000, of which $5,740,000 shall be for the State Grants Program, including purchase and bestowal of certificates and trophies in connection with mine rescue and first-aid work, and the hire of passenger motor vehicles; the Secretary is authorized to accept lands, buildings, equipment, and other contributions from public and private sources and to prosecute projects in cooperation with other agencies, Federal, State, or private; the Mine Safety and Health Administration is authorized to promote health and safety education and training in the mining community through cooperative programs with States, industry, and safety associations; and any funds available to the Department may be used, with the approval of the Secretary, to provide for the costs of mine rescue and survival operations in the event of a major disaster: Provided, That none of the funds appropriated under this paragraph shall be obligated or expended to carry out section 115 of the Federal Mine Safety and Health Act of 1977 or to carry out that portion of section 104(g)(1) of such Act relating to the enforcement of any training requirements, with respect to shell dredging, or with respect to any sand, gravel, surface stone, surface clay, colloidal phosphate, or surface limestone mine. Bureau of Labor Statistics salaries and expenses For necessary expenses for the Bureau of Labor Statistics, including advances or reimbursements to State, Federal, and local agencies and their employees for services rendered, $281,768,000, together with not to exceed $51,927,000, which may be expended from the Employment Security Administration account in the Unemployment Trust Fund. Departmental Management salaries and expenses For necessary expenses for Departmental Management, including the hire of five sedans, and including up to $4,320,000 for the President's Committee on Employment of People With Disabilities, $142,242,000, together with not to exceed $332,000, which may be expended from the Employment Security Administration account in the Unemployment Trust Fund. working capital fund Hereafter, funds received for services rendered to any entity or person for use of Departmental facilities, including associated utilities and security services, shall be credited to and merged with this fund. assistant secretary for veterans employment and training Not to exceed $186,648,000 may be derived from the Employment Security Administration account in the Unemployment Trust Fund to carry out the provisions of 38 U.S.C. 2001-10 and 2021-26. office of inspector general For salaries and expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, as amended, $47,215,000, together with not to exceed $3,990,000, which may be expended from the Employment Security Administration account in the Unemployment Trust Fund. GENERAL PROVISION Sec. 101. The Secretary of Labor is authorized to accept, in the name of the Department of Labor, and employ or dispose of in furtherance of authorized activities of the Department of Labor, any money or property, real, personal, or mixed, tangible or intangible, received by gift, devise, bequest, or otherwise. This title may be cited as the ``Department of Labor Appropriations Act, 1994''. 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, Public Law 101-527, and the Native Hawaiian Health Care Act of 1988, as amended, $2,833,588,000, of which $415,000 shall remain available until expended for interest subsidies on loan guarantees made prior to fiscal year 1981 under part B of title VII of the Public Health Service Act: Provided, That when the Department of Health and Human Services administers or operates an employee health program for any Federal department or agency, payment for the full estimated cost shall be made by way of reimbursement or in advance to this appropriation: Provided further, That of the funds made available under this heading, $942,000 shall be available until expended for facilities renovations at the Gillis W. Long Hansen's Disease Center: Provided further, That in addition to fees authorized by section 427(b) of the Health Care Quality Improvement Act of 1986, fees shall be collected for the full disclosure of information under the Act sufficient to recover the full costs of operating the National Practitioner Data Bank, and shall remain available until expended to carry out that Act. medical facilities guarantee and loan fund federal interest subsidies for medical facilities For carrying out subsections (d) and (e) of section 1602 of the Public Health Service Act, $9,000,000, together with any amounts received by the Secretary in connection with loans and loan guarantees under title VI of the Public Health Service Act, to be available without fiscal year limitation for the payment of interest subsidies. During the fiscal year, no commitments for direct loans or loan guarantees shall be made. health education assistance loans program For the cost of guaranteed loans, such sums as may be necessary to carry out the purpose of the program, as authorized by title VII of the Public Health Service Act, as amended: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, That these funds are available to subsidize gross obligations for the total loan principal any part of which is to be guaranteed at not to exceed $375,000,000. In addition, for administrative expenses to carry out the guaranteed loan program, $2,946,000. vaccine injury compensation program trust fund For payments from the Vaccine Injury Compensation Program Trust Fund, such sums as may be necessary for claims associated with vaccine- related injury or death with respect to vaccines administered after September 30, 1988, pursuant to subtitle 2 of title XXI of the Public Health Service Act, to remain available until expended: Provided, That for necessary administrative expenses, not to exceed $2,500,000 shall be available from the Trust Fund to the Secretary of Health and Human Services. vaccine injury compensation For payment of claims resolved by the United States Court of Federal Claims related to the administration of vaccines before October 1, 1988, $80,000,000, to remain available until expended. Centers for Disease Control and Prevention disease control, research, and training To carry out titles II, III, VII, XI, XV, XVII, and XIX of the Public Health Service Act, sections 101, 102, 103, 201, 202, and 203 of the Federal Mine Safety and Health Act of 1977, and sections 20, 21, and 22 of the Occupational Safety and Health Act of 1970; including insurance of official motor vehicles in foreign countries; and hire, maintenance, and operation of aircraft, $1,910,182,000, of which $16,648,000 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 training of private persons shall be made subject to reimbursement or advances to this appropriation for not in excess of the full cost of such training: Provided further, That funds appropriated under this heading shall be available for payment of the costs of medical care, related expenses, and burial expenses hereafter incurred by or on behalf of any person who had participated in the study of untreated syphilis initiated in Tuskegee, Alabama, in 1932, in such amounts and subject to such terms and conditions as prescribed by the Secretary of Health and Human Services and for payment, in such amounts and subject to such terms and conditions, of such costs and expenses hereafter incurred by or on behalf of such person's wife or offspring determined by the Secretary to have suffered injury or disease from syphilis contracted from such person: Provided further, That amounts received by the National Center for Health Statistics from reimbursements and interagency agreements and the sale of data tapes may be credited to this appropriation and shall remain available until expended: Provided further, That in addition to amounts provided herein, up to $28,873,000 shall be available from amounts available under section 241 of the Public Health Service Act, to carry out the National Center for Health Statistics surveys. National Institutes of Health national cancer institute For carrying out section 301 and title IV of the Public Health Service Act with respect to cancer, $2,082,267,000. national heart, lung, and blood institute For carrying out sections 301 and 1105 and title IV of the Public Health Service Act with respect to cardiovascular, lung, and blood diseases, and blood and blood products, $1,277,880,000. national institute of dental research For carrying out section 301 and title IV of the Public Health Service Act with respect to dental disease, $169,520,000. national institute of diabetes and digestive and kidney diseases For carrying out section 301 and title IV of the Public Health Service Act with respect to diabetes and digestive and kidney diseases, $716,054,000. 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, $630,650,000. 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, $1,065,583,000. 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, $875,511,000. 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, $555,195,000. national eye institute For carrying out section 301 and title IV of the Public Health Service Act with respect to eye diseases and visual disorders, $290,260,000. 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, $264,249,000. national institute on aging For carrying out section 301 and title IV of the Public Health Service Act with respect to aging, $420,303,000. 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, $223,280,000. 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, $162,823,000. national institute of nursing research For carrying out section 301 and title IV of the Public Health Service Act with respect to nursing research, $51,018,000. national institute on alcohol abuse and alcoholism For carrying out section 301 and title IV of the Public Health Service Act with respect to alcohol abuse, and alcoholism, $185,617,000. national institute on drug abuse For carrying out section 301 and title IV of the Public Health Service Act with respect to drug abuse, $425,201,000. national institute of mental health For carrying out section 301 and title IV of the Public Health Service Act with respect to mental health, $613,444,000. 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, $328,915,000: 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. national center for human genome research For carrying out section 301 and title IV of the Public Health Service Act with respect to human genome research, $119,030,000. john e. fogarty international center For carrying out the activities at the John E. Fogarty International Center, $22,240,000. national library of medicine For carrying out section 301 and title IV of the Public Health Service Act with respect to health information communications, $118,481,000. office of the director (including transfer of funds) For carrying out the responsibilities of the Office of the Director, National Institutes of Health, $224,746,000: Provided, That funding shall be available for the purchase of not to exceed five passenger motor vehicles for replacement only: Provided further, That the Director may direct up to 1 percent of the total amount made available in this Act to all National Institutes of Health appropriations to emergency activities the Director may so designate: Provided further, That no such appropriation shall be increased or decreased by more than 1 percent by any such transfers and that the Congress is promptly notified of the transfer. buildings and facilities For construction of, and acquisition of equipment for, facilities of or used by the National Institutes of Health, including the acquisition of real property, $114,385,000, to remain available until expended. Substance Abuse and Mental Health Services Administration substance abuse and mental health services For carrying out the Public Health Service Act with respect to substance abuse and mental health services, section 612 of Public Law 100-77, as amended, and the Protection and Advocacy for Mentally Ill Individuals Act of 1986, $2,057,167,000, of which $952,000, together with unobligated balances for facilities renovation, shall be available for maintenance and repair of Federally-owned facilities at Saint Elizabeths Hospital and shall remain available until expended: Provided, That no portion of amounts appropriated for the programs of the Department of Health and Human Services shall be available for obligation pursuant to section 571 of the Public Health Service Act, other than an amount of $4,000,000 from amounts appropriated to carry out section 510 of that Act. Assistant Secretary for Health office of the assistant secretary for health For the expenses necessary for the Office of the Assistant Secretary for Health and for carrying out titles III, XVII, XX, and XXI of the Public Health Service Act, $68,758,000, and, in addition, amounts received by the Public Health Service 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. 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, $129,051,000, together with not to exceed $4,792,000 to be transferred from the Federal Hospital Insurance and the Federal Supplementary Medical Insurance Trust Funds, as authorized by section 1142 of the Social Security Act and not to exceed $994,000 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; and, in addition, amounts received from Freedom of Information Act fees, reimbursable and interagency agreements, and the sale of data tapes shall be credited to this appropriation and shall remain available until expended: Provided, That the amount made available pursuant to section 926(b) of the Public Health Service Act shall not exceed $13,204,000. 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, $64,477,413,000, 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, $45,731,440,000. program management For carrying out, except as otherwise provided, titles XI, XVIII, and XIX of the Social Security Act, title XIII of the Public Health Service Act, the Clinical Laboratory Improvement Amendments of 1988, section 4360 of Public Law 101-508, and section 4005(e) of Public Law 100-203, not to exceed $2,172,598,000, together with all funds collected in accordance with section 353 of the Public Health Service Act, the latter funds to remain available until expended; the $2,172,598,000 to be transferred to this appropriation as authorized by section 201(g) of the Social Security Act, from the Federal Hospital Insurance and the Federal Supplementary Medical Insurance Trust Funds: Provided, That all funds derived in accordance with 31 U.S.C. 9701 from organizations established under title XIII of the Public Health Service Act are to be credited to this appropriation. 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, $28,178,000. special benefits for disabled coal miners For carrying out title IV of the Federal Mine Safety and Health Act of 1977, $575,181,000, to remain available until expended. supplemental security income program For carrying out titles XI and XVI of the Social Security Act, section 401 of Public Law 92-603, section 212 of Public Law 93-66, as amended, and section 405 of Public Law 95-216, including payment to the Social Security trust funds for administrative expenses incurred pursuant to section 201(g)(1) of the Social Security Act, $20,181,775,000, 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. limitation on administrative expenses For necessary expenses, not more than $4,874,285,000 may be expended, as authorized by section 201(g)(1) of the Social Security Act, from any one or all of the trust funds referred to therein. In addition to funding already available under this heading, and subject to the same terms and conditions, $320,000,000, of which $260,000,000 shall be derived from the Federal Disability Insurance Trust Fund, for disability caseload processing. In addition to funding already available under this heading, and subject to the same terms and conditions, $330,000,000, which shall remain available until expended, to invest in a state-of-the-art computing network, including related equipment and administrative expenses associated solely with this network, for the Social Security Administration and the State Disability Determination Services, may be expended from any or all of the trust funds as authorized by section 201(g)(1) of the Social Security Act. Administration for Children and Families family support payments to states For making payments to States or other non-Federal entities, except as otherwise provided, under titles I, IV-A (other than section 402(g)(6)) and D, X, XI, XIV, and XVI of the Social Security Act, and the Act of July 5, 1960 (24 U.S.C. ch. 9), $11,915,966,000, to remain available until expended. payments to states for afdc work programs For carrying out aid to families with dependent children work programs, as authorized by part F of title IV of the Social Security Act, $1,100,000,000. 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), $400,000,000. community services block grant For making payments under the Community Services Block Grant Act, section 408 of Public Law 99-425, and the Stewart B. McKinney Homeless Assistance Act, $447,643,000. payments to states for child care assistance For carrying out sections 658A through 658R of the Omnibus Budget Reconciliation Act of 1981, $892,711,000. social services block grant For monthly payments to States for carrying out title XX of the Social Security Act, $2,800,000,000. children and families services programs For carrying out, except as otherwise provided, the Runaway and Homeless Youth Act, the Developmental Disabilities Assistance and Bill of Rights Act, the State Dependent Care Development Grants Act, the Head Start Act, the Child Development Associate Scholarship Assistance Act of 1985, the Child Abuse Prevention and Treatment Act, chapters 1 and 2 of subtitle B of title III of the Anti-Drug Abuse Act of 1988, the Family Violence Prevention and Services Act, the Native American Programs Act of 1974, title II of Public Law 95-266 (adoption opportunities), the Temporary Child Care for Children with Disabilities and Crisis Nurseries Act of 1986, the Comprehensive Child Development Act, the Abandoned Infants Assistance Act of 1988, chapter 2 of subtitle A of title IX of Public Law 101-501, subtitle F of title VII of the Stewart B. McKinney Homeless Assistance Act, and part B of title IV and section 1110 of the Social Security Act, and for necessary administrative expenses to carry out said Acts and titles I, IV, X, XI, XIV, XVI, and XX of the Social Security Act, the Act of July 5, 1960 (24 U.S.C. ch. 9), the Omnibus Budget Reconciliation Act of 1981, section 204 of the Immigration Reform and Control Act of 1986, title IV of the Immigration and Nationality Act, section 501 of the Refugee Education Assistance Act of 1980, Public Law 100-77, and section 126 and titles IV and V of Public Law 100-485, $4,169,806,000. 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, $2,992,900,000. Administration on Aging aging services programs For carrying out, to the extent not otherwise provided, the Older Americans Act of 1965, as amended, and section 10404 of Public Law 101- 239 (volunteer senior aides demonstration), $841,875,000. Office of the Secretary general departmental management For necessary expenses, not otherwise provided, for general departmental management, including hire of six medium sedans, $94,149,000, together with $31,261,000, to be transferred and expended as authorized by section 201(g)(1) of the Social Security Act from any one or all of the trust funds referred to therein. office of inspector general For expenses necessary for the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, as amended, $62,379,000, together with not to exceed $36,617,000, to be transferred and expended as authorized by section 201(g)(1) of the Social Security Act from any one or all of the trust funds referred to therein. office for civil rights For expenses necessary for the Office for Civil Rights, $18,308,000, together with not to exceed $3,874,000, to be transferred and expended as authorized by section 201(g)(1) of the Social Security Act from any one or all of the trust funds referred to therein. policy research For carrying out, to the extent not otherwise provided, research studies under section 1110 of the Social Security Act, $12,000,000. GENERAL PROVISIONS Sec. 201. None of the funds made available by this Act for the National Institutes of Health, except for those appropriated to the ``Office of the Director'', may be used to provide forward funding or multiyear funding of research project grants except in those cases where the Director of the National Institutes of Health has determined that such funding is specifically required because of the scientific requirements of a particular research project grant. Sec. 202. 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. 203. 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. 204. None of the funds appropriated in this title for the National Institutes of Health and the Substance Abuse and Mental Health Services Administration shall be used to pay the salary of an individual, through a grant or other extramural mechanism, at a rate in excess of $125,000 per year. Sec. 205. Notwithstanding any other provision of this Act, amounts available in this Act for administrative costs for each agency of the Public Health Service funded in this Act shall not exceed the amount set forth therefor for each such agency in the budget estimates and accompanying justification of estimates submitted for the appropriations. Sec. 206. None of the funds appropriated under this Act may be used to implement the provisions of section 706(e) of the ADAMHA Reorganization Act, Public Law 102-321, or section 399L(b) of the Public Health Service Act or section 1911(d) of the National Institutes of Health Revitalization Act of 1993, Public Law 103-43. Sec. 207. None of the funds contained in this Act shall be used to perform abortions except where the life of the mother would be endangered if the fetus were carried to term; or except for such medical procedures necessary for the victims of rape or incest, when such rape or incest has been reported promptly to a law enforcement agency or public health service. Nor are payments prohibited for drugs or devices to prevent implantation of the fertilized ovum, or for medical procedures necessary for the termination of an ectopic pregnancy. This title may be cited as the ``Department of Health and Human Services Appropriations Act, 1994''. TITLE III--DEPARTMENT OF EDUCATION education reform For carrying out education reform activities including activities authorized by the Carl D. Perkins Vocational and Applied Technology Education Act and section 4601 of the Elementary and Secondary Education Act of 1965, $133,750,000, of which $3,750,000, under section 402 of the Perkins Act, shall be used by the Secretary for activities, including peer review of applications, related to school-to-work transition, and not less than $30,000,000 shall be used under section 420A of the Perkins Act for State grants to initiate activities in States and localities related to school-to-work transition. compensatory education for the disadvantaged For carrying out the activities authorized by chapter 1 of title I of the Elementary and Secondary Education Act of 1965, as amended, and by section 418A of the Higher Education Act, $6,871,147,000, of which $6,844,682,000 shall become available on July 1, 1994 and shall remain available through September 30, 1995: Provided, That $5,597,000,000 shall be available for basic grants under section 1005 excluding subsection (a)(3), $694,000,000 shall be available for concentration grants under section 1006, $39,734,000 shall be available for capital expenses under section 1017, $89,123,000 shall be available for the Even Start program under part B, $302,773,000 shall be available for migrant education activities under subpart 1 of part D, $35,407,000 shall be available for delinquent and neglected education activities under subpart 3 of part D, $60,712,000 shall be for State administration under section 1404, $25,933,000 shall be for program improvement activities under section 1405, $13,100,000 shall be for evaluation and technical assistance under sections 1437 and 1463, and $2,980,000 shall be for rural technical assistance under section 1459: Provided further, That no State shall receive less than $340,000 from the amounts made available under this appropriation for concentration grants under section 1006: Provided further, That no State shall receive less than $375,000 from the amounts made available under this appropriation for State administration grants under section 1404. impact aid For carrying out programs of financial assistance to federally affected schools as authorized by Public Laws 81-815 and 81-874, as amended, $813,074,000: Provided, That $630,000,000 shall be for payments under section 3(a), $123,629,000 shall be for payments under section 3(b), $29,462,000, to remain available until expended, shall be for payments under section 3(d)(2)(B), $16,293,000 shall be for payments under section 2, $1,786,000 shall be for payments under section 3(e), and $11,904,000, to remain available until expended, shall be for construction and renovation of school facilities, including $4,563,000 for awards under section 10, $3,770,000 for awards under sections 14(a) and 14(b), and $3,571,000 for awards under sections 5 and 14(c): Provided further, That all payments under section 3 shall be based on the number of children who, during the prior fiscal year, were in average daily attendance at the schools of a local educational agency and for whom such agency provided free public education, except that (1) any local educational agency that did not exist in the prior fiscal year and that would be eligible under this proviso for payments under section 3 for the current fiscal year had it been an operating local educational agency in the prior fiscal year, shall be paid on the basis of the number of children who, during the current fiscal year, are in average daily attendance at the schools of such agency and for whom such agency provides free public education; and (2) any local educational agency with an increase of 5 percent or more from the prior fiscal year to the current fiscal year in the number of children described in section 3 of the Act, as a direct result of activities of the United States, and that submits a written request to the Secretary, shall be paid on the basis of the number of children who, during the current fiscal year, are in average daily attendance at the schools of such agency and for whom such agency provides free public education: Provided further, That notwithstanding the provisions of section 3(d)(3)(A), aggregate current expenditure and average daily attendance data for the third preceding fiscal year shall be used to compute local contribution rates: Provided further, That notwithstanding the provisions of section 3(d)(2)(B), 3(d)(3)(B)(ii), and 3(h)(2), eligibility and entitlement determinations for those sections shall be computed on the basis of data from the fiscal year preceding each fiscal year described in those respective sections as they were in effect for fiscal year 1991. school improvement programs For carrying out the activities authorized by chapter 2 of title I and titles II, III, IV, V, without regard to sections 5112(a) and 5112(c)(2)(A), and VI of the Elementary and Secondary Education Act of 1965; the Stewart B. McKinney Homeless Assistance Act; the Civil Rights Act of 1964; title V of the Higher Education Act; title IV of Public Law 100-297; and the Follow Through Act; $1,339,178,000, of which $1,014,709,000 shall become available on July 1, 1994, and remain available through September 30, 1995: Provided, That of the amount appropriated, $24,925,000 shall be for national programs under part B of chapter 2 of title I, and $246,016,000 shall be for State grants for mathematics and science education under part A of title II of the Elementary and Secondary Education Act of 1965. bilingual and immigrant education For carrying out, to the extent not otherwise provided, title VII and part D of title IV of the Elementary and Secondary Education Act, $242,789,000, of which $36,672,000 shall be for training activities under part C of title VII, and $40,000,000, which shall become available on July 1, 1994 and remain available until September 30, 1995, shall be for immigrant education activities authorized by part D of title IV. special education For carrying out the Individuals with Disabilities Education Act and title I, chapter 1, part D, subpart 2 of the Elementary and Secondary Education Act of 1965, $3,039,442,000, of which $2,108,218,000 for section 611, $325,773,000 for section 619, $243,769,000 for section 686 and $113,755,000 for title I, chapter 1, part D, subpart 2 shall become available for obligation on July 1, 1994, and shall remain available through September 30, 1995: Provided, That any State agency eligible to receive funds under such subpart shall, at a State's discretion, be deemed to be a local educational agency for the purposes of part B of the Individuals with Disabilities Education Act: Provided further, That no State shall receive more per child under such subpart than it received for fiscal year 1993: Provided further, That any funds for such subpart that are not allocated because of the preceding proviso shall be available for carrying out section 611 of the Individuals with Disabilities Education Act. rehabilitation services and disability research For carrying out, to the extent not otherwise provided, the Rehabilitation Act of 1973, Public Law 100-407, and the Helen Keller National Center Act, as amended, $2,251,028,000. Special Institutions for Persons With Disabilities american printing house for the blind For carrying out the Act of March 3, 1879, as amended (20 U.S.C. 101 et seq.), $6,463,000. national technical institute for the deaf For the National Technical Institute for the Deaf under titles I and II of the Education of the Deaf Act of 1986 (20 U.S.C. 4301 et seq.), $41,836,000, of which $336,000 shall be for the endowment program as authorized under section 207 and shall be available until expended and $193,000 shall be for construction and shall be available until expended. gallaudet university For the Kendall Demonstration Elementary School, the Model Secondary School for the Deaf, and the partial support of Gallaudet University under titles I and II of the Education of the Deaf Act of 1986 (20 U.S.C. 4301 et seq.), $77,435,000, of which $1,000,000 shall be for the endowment program as authorized under section 207 and shall be available until expended. vocational and adult education For carrying out, to the extent not otherwise provided, the Carl D. Perkins Vocational and Applied Technology Education Act, the Adult Education Act, and the Stewart B. McKinney Homeless Assistance Act, $1,474,243,000, of which $300,000 for the national assessment of vocational education shall become available October 1, 1993 and remain available until expended; $2,946,000 for tribally controlled postsecondary vocational institutions shall become available on October 1, 1993 and remain available until September 30, 1994; and the remainder shall become available on July 1, 1994 and shall remain available through September 30, 1995: Provided, That of the amounts made available under the Carl D. Perkins Vocational and Applied Technology Education Act, $436,000 of the amount available for Tech- Prep shall be for evaluation of the program and $31,327,000 shall be for national programs under title IV, including $9,662,000 for research, of which $6,000,000 shall be for the National Center for Research on Vocational Education; $16,705,000 for demonstrations, notwithstanding section 411(b); and $4,960,000 for data systems: Provided further, That of the amounts made available under the Adult Education Act, $3,928,000 shall be for national programs under section 383, and $4,909,000 shall be for the National Institute for Literacy under section 384. student financial assistance For carrying out subparts 1, 3, and 4 of part A, and parts C, E, and H of title IV of the Higher Education Act of 1965, as amended, $8,120,366,000, which shall remain available through September 30, 1995: Provided, That the maximum Pell Grant for which a student shall be eligible during award year 1994-1995 shall be $2,250: Provided further, That notwithstanding section 484(f) of such Act, the Secretary may, without limitation, require an institution of higher education to verify the accuracy of data used to determine student eligibility for assistance under title IV of that Act. federal family education loan program account For the cost of Federal Family Education loans, including administrative costs other than Federal administrative costs, as authorized by title IV, part B, of the Higher Education Act, as amended, such sums as may be necessary to carry out the purposes of the program: Provided, That such costs, including costs of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974, as amended. In addition, for Federal administrative expenses to carry out guaranteed student loans authorized by title IV, part B, of the Higher Education Act, as amended, $72,466,000. guaranteed student loans program account (rescission) The amounts provided under this heading in Public Law 102-394 for programs authorized by title XIV of the Higher Education Act are rescinded. federal direct loan program account For the cost of direct loans as authorized by title IV, part D, of the Higher Education Act, as amended, such sums as may be necessary to carry out the purposes of the program, including such sums as may be derived from negative subsidy receipts: Provided, That such costs, including costs of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974. higher education For carrying out, to the extent not otherwise provided, titles I, III, IV, V, VI, VII, VIII, IX, part A and subpart 1 of part B of title X, XI, without regard to section 1151, and XII and section 1410 of the Higher Education Act of 1965, as amended; the Mutual Educational and Cultural Exchange Act of 1961; and title VI of the Excellence in Mathematics, Science and Engineering Education Act of 1990; $889,855,000, of which $7,565,000 for endowment activities under section 331 of part C of title III and $18,029,000 for interest subsidies under title VII of the Higher Education Act, as amended, shall remain available until expended, and $397,000 shall be available for section 1204(c). howard university For partial support of Howard University (20 U.S.C. 121 et seq.), $192,686,000, of which $3,441,000, to remain available until expended, shall be for a matching endowment grant to be administered in accordance with the Howard University Endowment Act (Public Law 98- 480). higher education facilities loans The Secretary is hereby authorized to make such expenditures, within the limits of funds available under this heading and in accord with law, and to make such contracts and commitments without regard to fiscal year limitation, as provided by section 104 of the Government Corporation Control Act (31 U.S.C. 9104), as may be necessary in carrying out the program for the current fiscal year. college housing and academic facilities loans program For administrative expenses to carry out the existing direct loan program of college housing and academic facilities loans entered into pursuant to title VII, part C, of the Higher Education Act, as amended, $730,000. college housing loans Pursuant to title VII, part C of the Higher Education Act, as amended, for necessary expenses of the college housing loans program, previously carried out under title IV of the Housing Act of 1950, the Secretary shall make expenditures and enter into contracts without regard to fiscal year limitation using loan repayments and other resources available to this account. Any unobligated balances becoming available from fixed fees paid into this account pursuant to 12 U.S.C. 1749d, relating to payment of costs for inspections and site visits, shall be available for the operating expenses of this account. historically black college and university capital financing, program account To carry out the purposes of title VII, part B of the Higher Education Act, as amended, and subject to the limitations of section 724 of such part, the Secretary is authorized to enter into insurance agreements to provide financial insurance to guarantee for full payment of principal and interest on qualified bonds upon the conditions set forth in subsections (b), (c) and (d) of section 723 of such part: Provided, That bonds insured pursuant to such part shall not exceed $178,500,000, 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, $200,000. education research, statistics, and improvement For carrying out the activities authorized by section 405 and section 406 of the General Education Provisions Act, as amended; section 1562, section 1566, section 2012, subpart 2 of part A of title II, and parts B, E, and F of title IV of the Elementary and Secondary Education Act of 1965, as amended; part B of title III of Public Law 100-297; title IX of the Education for Economic Security Act; section 6041 of Public Law 100-418; title II of Public Law 102-62; and section 551 of the Higher Education Act, $277,244,000: Provided, That $5,396,000 shall be for Grants for Schools and Teachers under subpart 1 and $3,687,000 shall be for Family School Partnerships under subpart 2 of part B of title III of Public Law 100-297; $14,582,000 shall be for national diffusion activities under section 1562; $879,000 shall be for Blue Ribbon Schools under section 1566; and $15,872,000 shall be for national programs under section 2012. libraries For carrying out, to the extent not otherwise provided, titles I, II, III, IV, and VI of the Library Services and Construction Act (20 U.S.C. ch. 16), and title II of the Higher Education Act, $145,101,000. 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, $352,008,000: Provided, That the Secretary may use funds appropriated to carry out any Department of Education programs under which awards are made on a competitive basis to reimburse this account for the direct expenses of non-Federal experts to review applications and proposals for such awards. 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, $56,570,000. 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, $28,840,000. GENERAL PROVISIONS Sec. 301. No part of the funds contained in this title may be used to force any school or school district which is desegregated as that term is defined in title IV of the Civil Rights Act of 1964, Public Law 88-352, to take any action to force the busing of students; to force on account of race, creed or color the abolishment of any school so desegregated; or to force the transfer or assignment of any student attending any elementary or secondary school so desegregated to or from a particular school over the protest of his or her parents or parent. Sec. 302. (a) No part of the funds contained in this title shall be used to force any school or school district which is desegregated as that term is defined in title IV of the Civil Rights Act of 1964, Public Law 88-352, to take any action to force the busing of students; to require the abolishment of any school so desegregated; or to force on account of race, creed or color the transfer of students to or from a particular school so desegregated as a condition precedent to obtaining Federal funds otherwise available to any State, school district or school. (b) No funds appropriated in this Act may be used for the transportation of students or teachers (or for the purchase of equipment for such transportation) in order to overcome racial imbalance in any school or school system, or for the transportation of students or teachers (or for the purchase of equipment for such transportation) in order to carry out a plan of racial desegregation of any school or school system. Sec. 303. None of the funds contained in this Act shall be used to require, directly or indirectly, the transportation of any student to a school other than the school which is nearest the student's home, except for a student requiring special education, to the school offering such special education, in order to comply with title VI of the Civil Rights Act of 1964. For the purpose of this section an indirect requirement of transportation of students includes the transportation of students to carry out a plan involving the reorganization of the grade structure of schools, the pairing of schools, or the clustering of schools, or any combination of grade restructuring, pairing or clustering. The prohibition described in this section does not include the establishment of magnet schools. Sec. 304. No funds appropriated under this Act may be used to prevent the implementation of programs of voluntary prayer and meditation in the public schools. This title may be cited as the ``Department of Education Appropriations Act, 1994''. TITLE IV--RELATED AGENCIES Action operating expenses For expenses necessary for Action to carry out the provisions of the Domestic Volunteer Service Act of 1973, as amended, $201,526,000: Provided, That $34,667,000 shall be available for title I, section 102, and $982,000 shall be available for title I, part C. 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 1996, $292,640,000: 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), $30,241,000. Federal Mine Safety and Health Review Commission salaries and expenses For expenses necessary for the Federal Mine Safety and Health Review Commission (30 U.S.C. 801 et seq.), $5,842,000. 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), $904,000. 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, $1,590,000. 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, $171,274,000: Provided, That no part of this appropriation shall be available to organize or assist in organizing agricultural laborers or used in connection with investigations, hearings, directives, or orders concerning bargaining units composed of agricultural laborers as referred to in section 2(3) of the Act of July 5, 1935 (29 U.S.C. 152), and as amended by the Labor-Management Relations Act, 1947, as amended, and as defined in section 3(f) of the Act of June 25, 1938 (29 U.S.C. 203), and including in said definition employees engaged in the maintenance and operation of ditches, canals, reservoirs, and waterways when maintained or operated on a mutual, nonprofit basis and at least 95 per centum of the water stored or supplied thereby is used for farming purposes. National Mediation Board salaries and expenses For expenses necessary to carry out the provisions of the Railway Labor Act, as amended (45 U.S.C. 151-188), including emergency boards appointed by the President, $8,506,000. Occupational Safety and Health Review Commission salaries and expenses For the expenses necessary for the Occupational Safety and Health Review Commission (29 U.S.C. 661), $7,362,000. Physician Payment Review Commission salaries and expenses For expenses necessary to carry out section 1845(a) of the Social Security Act, $4,171,000, to be transferred to this appropriation from the Federal Supplementary Medical Insurance Trust Fund. Prospective Payment Assessment Commission salaries and expenses For expenses necessary to carry out section 1886(e) of the Social Security Act, $4,500,000, 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, $277,000,000, which shall include amounts becoming available in fiscal year 1994 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 $277,000,000: Provided, That the total amount provided herein shall be credited in 12 approximately equal amounts on the first day of each month in the fiscal year. federal payments to the railroad retirement accounts For payment to the accounts established in the Treasury for the payment of benefits under the Railroad Retirement Act for interest earned on unnegotiated checks, $300,000, to remain available through September 30, 1995, which shall be the maximum amount available for payment pursuant to section 417 of Public Law 98-76. limitation on administration For necessary expenses for the Railroad Retirement Board, $73,791,000, to be derived from the railroad retirement accounts: Provided, That $200,000 of the foregoing amount shall be available only to the extent necessary to process workloads not anticipated in the budget estimates and after maximum absorption of the costs of such workloads within the remainder of the existing limitation has been achieved: Provided further, That notwithstanding any other provision of law, no portion of this limitation shall be available for payments of standard level user charges pursuant to section 210(j) of the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 490(j); 45 U.S.C. 231-231u). limitation on railroad unemployment insurance administration fund For further expenses necessary for the Railroad Retirement Board, for administration of the Railroad Unemployment Insurance Act, not less than $17,010,000 shall be apportioned for fiscal year 1994 from moneys credited to the railroad unemployment insurance administration fund. special management improvement fund To effect management improvements, including the reduction of backlogs, accuracy of taxation accounting, and debt collection, $3,300,000, to be derived from the railroad retirement accounts and railroad unemployment insurance account: Provided, That these funds shall supplement, not supplant, existing resources devoted to such operations and improvements. limitation on the office of inspector general For expenses necessary for the Office of Inspector General for audit, investigatory and review activities, as authorized by the Inspector General Act of 1978, as amended, not more than $6,742,000, to be derived from the railroad retirement accounts and railroad unemployment insurance account. Soldiers' and Airmen's Home operation and maintenance For operation and maintenance of the United States Soldiers' and Airmen's Home, to be paid from funds available to the Soldiers' Home in the Armed Forces Retirement Home Trust Fund, $43,139,000: Provided, That this appropriation shall not be available for the payment of hospitalization of members of the Home in United States Army hospitals at rates in excess of those prescribed by the Secretary of the Army upon recommendation of the Board of Commissioners and the Surgeon General of the Army. capital outlay For construction and renovation of the physical plant, to be paid from funds available to the Soldier's Home in the Armed Forces Retirement Home Trust Fund, $4,930,000, to remain available until expended. United States Institute of Peace operating expenses For necessary expenses of the United States Institute of Peace as authorized in the United States Institute of Peace Act, $10,912,000. United States Naval Home operation and maintenance For operation and maintenance of the United States Naval Home, to be paid from funds available to the Naval Home in the Armed Forces Retirement Home Trust Fund, $10,775,000. capital program For construction and renovation of the physical plant to be paid from funds available to the Naval Home in the Armed Forces Retirement Home Trust Fund, $473,000, to remain available until expended. TITLE V--GENERAL PROVISIONS Sec. 501. No part of the funds appropriated under this Act shall be used to provide a loan, guarantee of a loan, a grant, the salary of or any remuneration whatever to any individual applying for admission, attending, employed by, teaching at, or doing research at an institution of higher education who has engaged in conduct on or after August 1, 1969, which involves the use of (or the assistance to others in the use of) force or the threat of force or the seizure of property under the control of an institution of higher education, to require or prevent the availability of certain curricula, or to prevent the faculty, administrative officials, or students in such institution from engaging in their duties or pursuing their studies at such institution. Sec. 502. The Secretaries of Labor, Health and Human Services, and Education are authorized to transfer unexpended balances of prior appropriations to accounts corresponding to current appropriations provided in this Act: Provided, That such transferred balances are used for the same purpose, and for the same periods of time, for which they were originally appropriated. Sec. 503. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. Sec. 504. (a) No part of any appropriation contained in this Act shall be used, other than for normal and recognized executive- legislative relationships, for publicity or propaganda purposes, for the preparation, distribution, or use of any kit, pamphlet, booklet, publication, radio, television, or film presentation designed to support or defeat legislation pending before the Congress, except in presentation to the Congress itself. (b) No part of any appropriation contained in this Act shall be used to pay the salary or expenses of any grant or contract recipient, or agent acting for such recipient, related to any activity designed to influence legislation or appropriations pending before the Congress. Sec. 505. The Secretaries of Labor and Education are each authorized to make available not to exceed $7,500 from funds available for salaries and expenses under titles I and III, respectively, for official reception and representation expenses; the Director of the Federal Mediation and Conciliation Service is authorized to make available for official reception and representation expenses not to exceed $2,500 from the funds available for ``Salaries and expenses, Federal Mediation and Conciliation Service''; and the Chairman of the National Mediation Board is authorized to make available for official reception and representation expenses not to exceed $2,500 from funds available for ``Salaries and expenses, National Mediation Board''. Sec. 506. Notwithstanding any other provision of this Act, no funds appropriated under this Act shall be used to carry out any program of distributing sterile needles for the hypodermic injection of any illegal drug unless the Surgeon General of the United States determines that such programs are effective in preventing the spread of HIV and do not encourage the use of illegal drugs, except that such funds may be used for such purposes in furtherance of demonstrations or studies authorized in the ADAMHA Reorganization Act (Public Law 102-321). This Act may be cited as the ``Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1994''. HR 2518 RH----2 HR 2518 RH----3 HR 2518 RH----4 HR 2518 RH----5