[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4606 Engrossed Amendment Senate (EAS)]
103d CONGRESS
2d Session
H. R. 4606
_______________________________________________________________________
AMENDMENTS
In the Senate of the United States,
August 10 (legislative day, August 8), 1994.
Resolved, That the bill from the House of Representatives (H.R.
4606) entitled ``An Act making appropriations for the Departments of
Labor, Health and Human Services, and Education, and related agencies,
for the fiscal year ending September 30, 1995, and for other
purposes'', do pass with the following
AMENDMENTS:
(1)Page 2, after line 10 insert:
(including rescission)
(2)Page 2, line 22, strike out [$5,524,991,000] and insert:
$5,468,217,000
(3)Page 2, line 23, strike out [$5,035,179,000] and insert:
$5,234,055,000
(4)Page 2, line 25, strike out [$150,000,000] and insert: $126,556,000
(5)Page 3, strike out all after line 1 down to and including ``1995;''
in line 4
(6)Page 3, line 4, strike out [$140,000,000] and insert: $100,000,000
(7)Page 3, line 8, strike out [$63,666,000] and insert: $64,218,000
(8)Page 3, line 9, strike out [$84,841,000] and insert: $86,000,000
(9)Page 3, line 11, strike out [$1,500,000] and insert: $2,223,000
(10)Page 3, line 13, strike out [$5,579,000] and insert: $6,000,000
(11)Page 3, line 18, strike out [$1,044,813,000] and insert:
$1,064,813,000
(12)Page 3, line 23, after ``centers'' insert: : Provided further,
That funds used from this Act to carry out title III of the Job
Training Partnership Act shall not be subject to the limitation
contained in subsection (b) of section 315 of such Act; that the waiver
allowing a reduction in the cost limitation relating to retraining
services described in subsection (a)(2) of such section 315 may be
granted with respect to funds used from this Act if a substate grantee
demonstrates to the Governor that such waiver is appropriate due to the
availability of low-cost retraining services, is necessary to
facilitate the provision of needs-related payments to accompany long-
term training, or is necessary to facilitate the provision of
appropriate basic readjustment services; and that funds used from this
Act to carry out the Secretary's discretionary grants under part B of
such title III may be used to provide needs-related payments to
participants who, in lieu of meeting the requirements relating to
enrollment in training under section 314(e) of such Act, are enrolled
in training by the end of the sixth week after grant funds have been
awarded
(13)Page 3, after line 23, insert:
Of the amounts made available in fiscal year 1994 under the Job
Training partnership Act, title II-C, $50,000,000 are hereby rescinded.
(14)Page 5, line 14, strike out [$146,697,000] and insert:
$147,351,000
(15)Page 5, line 15, strike out [$3,269,013,000] and insert:
$3,280,357,000
(16)Page 6, line 8, strike out [$144,763,000] and insert: $145,417,000
(17)Page 6, line 9, strike out [$817,224,000] and insert: $821,803,000
(18)Page 6, line 15, strike out [$232,437,000] and insert:
$226,000,000
(19)Page 6, line 23, strike out [$27,800,000] and insert: $30,000,000
(20)Page 7, line 6, after ``entities'' insert: : 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
(21)Page 8, line 4, strike out [$30,411,000] and insert: $32,225,000
(22)Page 8, line 8, strike out [$66,388,000] and insert: $69,454,000
(23)Page 9, line 9, strike out [$242,860,000] and insert: $248,667,000
(24)Page 15, line 19, strike out [$197,519,000] and insert:
$201,238,000
(25)Page 16, line 23, strike out [$296,761,000] and insert:
$298,761,000
(26)Page 17, line 9, after ``Disabilities,'' insert: and including
$2,500,000 for the International Program on the Elimination of Child
Labor notwithstanding any other provision of law,
(27)Page 17, line 9, strike out all after ``Disabilities,'' down to
and including ``programs;'' in line 14 and insert: $152,818,000
(28)Page 17, line 19, strike out [$185,281,000] and insert:
$187,964,000
(29)Page 18, line 1, strike out [$47,676,000] and insert: $48,535,000
(30)Page 18, line 2, strike out [$3,860,000] and insert: $3,966,000
(31)Page 18, strike out lines 6 to 12
(32)Page 18, after line 12, insert:
SEC. 101. DETERRENCE OF FRAUD AND ABUSE IN THE FEDERAL EMPLOYEE'S
WORKER COMPENSATION PROGRAM.
(a) In General.--(1) Chapter 81 of title 5, United States Code, is
amended by inserting after section 8147 the following new section:
``Sec. 8148. Forfeiture of benefits by convicted felons
``(a) Any individual convicted of a violation of section 1920 of
title 18, or any other Federal or State criminal statute relating to
fraud in the application for a receipt of any benefit under this
subchapter or subchapter III of this chapter, shall forfeit (as of the
date of such conviction) any entitlement to any benefit such individual
would otherwise be entitled to under this subchapter or subchapter III
for any injury occurring on or before the date of such conviction. Such
forfeiture shall be in addition to any action the Secretary may take
under section 8106 or 8129.
``(b)(1) Notwithstanding any other provision of this chapter
(except as provided under paragraph (3)), no benefits under this
subchapter or subchapter III of this chapter shall be paid or provided
to any individual during any period during which such individual is
confined in a jail, prison, or other penal institution or correctional
facility, pursuant to that individual's conviction of an offense that
constituted a felony under applicable law.
``(2) Such individual shall not be entitled to receive the benefits
forfeited during the period of incarceration under paragraph (1), after
such period of incarceration ends.
``(3) If an individual has one or more dependents as defined under
section 8110(a), the Secretary of Labor may, during the period of
incarceration, pay to such dependents a percentage of the benefits that
would have been payable to such individual computed according to the
percentages set forth in section 8133(a) (1) through (5).
``(c) Notwithstanding the provision of section 552a of this title,
or any other provision of Federal or State law, any agency of the
United States Government or of any State (or political subdivision
thereof) shall make available to the Secretary of Labor, upon written
request, the names and Social Security account numbers of individuals
who are confined in a jail, prison, or other penal institution or
correctional facility under the jurisdiction of such agency, pursuant
to such individuals' conviction of an offense that constituted a felony
under applicable law, which the Secretary of Labor may require to carry
out the provisions of this section.''.
(2) The table of sections for chapter 81 of title 5, United States
Code, is amended by inserting after the item relating to section 8147
the following new item:
``8148. Forfeiture of benefits by convicted felons.''.
(b) Criminal Penalties.--(1) Section 1920 of title 18, United
States Code, is amended to read as follows:
``Sec. 1920. False statement or fraud to obtain Federal employee's
compensation
``Whoever knowingly and willfully falsifies, conceals, or covers up
a material fact, or makes a false, fictitious, or fraudulent statement
or representation, or makes or uses a false statement or report knowing
the same to contain any false, fictitious, or fraudulent statement or
entry in connection with the application for or receipt of compensation
or other benefit or payment under subchapter I or III of chapter 81 of
title 5, shall be guilty of perjury, and on conviction thereof shall be
punished by a fine of not more than $250,000, or by imprisonment for
not more than 5 years, or both; but if the amount of the benefits
falsely obtained does not exceed $1,000, such person shall be punished
by a fine of not more than $100,000, or by imprisonment for not more
than 1 year, or both.''.
(2) The table of sections for chapter 93 of title 18, United States
Code, is amended by amending the item relating to section 1920 to read
as follows:
``1920. False statement or fraud to obtain Federal employee's
compensation.''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act. The amendments made by
subsection (a) shall apply to claims filed before, on, or after the
date of enactment of this Act, and shall apply only to individuals
convicted after such date of enactment.
(33)Page 20, after line 4, insert:
Sec. 105. The Secretary of Labor may, in his discretion, utilize
funds appropriated in this and subsequent Acts to engage in joint
projects, or perform services, on matters of mutual interest, with
nonprofit organizations, research organizations, or public
organizations or agencies, the cost of which shall be apportioned
equitably, as determined by the Secretary: Provided, That such funds
shall not be treated as a reprogramming and shall not be available for
obligation or expenditure except in compliance with the committee
reprogramming procedures.
Sec. 106. The Secretary of Labor is authorized to accept, in the
name of the Department of Labor, and employ or dispose of in
furtherance of authorized activities of the Department of Labor, during
the fiscal year ending September 30, 1995, and each fiscal year
thereafter, any money or property, real, personal, or mixed, tangible
or intangible, received by gift, devise, bequest, or otherwise.
Sec. 107. Section 5315 of title 5, United States Code, is amended
by inserting at the end thereof: ``The Commissioner of Labor
Statistics, Department of Labor.''.
Section 5316 of title 5, United States Code, is amended by
striking: ``Commissioner of Labor Statistics, Department of Labor.''.
Sec. 108. None of the funds appropriated in this title for the Job
Corps shall be used to pay the compensation of an individual, either as
direct costs or any proration as an indirect cost, at a rate in excess
of $125,000.
(34)Page 20, line 17, strike out [$3,008,225,000] and insert:
$3,066,254,000
(35)Page 21, line 10, after ``Act'' insert: : Provided further, That
of the amounts available for Area Health Education Centers, $25,000,000
shall be for section 746(i)(1)(A) of the Health Professions Education
Extension Amendments of 1992, notwithstanding section 746(i)(1)(C)
(36)Page 21, line 10, after ``Act'' insert: : Provided further, That
of the funds made available under this heading for program
administration, $3,000,000 shall be made available for grants to cities
under title XXVI, sections 2601-2608 of the Public Health Service Act
(37)Page 21, line 10, after ``Act'' insert: : Provided further, That
no more than $5,000,000 is available for carrying out the provisions of
Public Law 102-501
(38)Page 23, line 5, strike out [$2,086,850,000] and insert:
$2,050,931,000
(39)Page 24, line 7, strike out [$27,862,000] and insert: $28,873,000
(40)Page 25, line 5, strike out [$726,784,000] and insert:
$728,784,000
(41)Page 25, line 10, strike out [$626,801,000] and insert:
$628,801,000
(42)Page 26, line 4, strike out [$290,335,000] and insert:
$292,022,000
(43)Page 26, line 9, strike out [$266,400,000] and insert:
$267,955,000
(44)Page 26, line 13, strike out [$431,198,000] and insert:
$433,198,000
(45)Page 26, line 18, strike out [$227,021,000] and insert:
$229,021,000
(46)Page 26, line 23, strike out [$166,155,000] and insert:
$167,129,000
(47)Page 27, line 4, strike out [$47,971,000] and insert: $48,326,000
(48)Page 27, line 17, strike out [$542,050,000] and insert:
$544,050,000
(49)Page 28, line 7, strike out [$15,193,000] and insert: $13,209,000
(50)Page 28, line 11, strike out [$123,274,000] and insert:
$127,274,000
(51)Page 28, line 15, strike out [$219,474,000] and insert:
$215,045,000
(52)Page 29, line 12, strike out [$114,370,000] and insert:
$113,370,000
(53)Page 29, line 20, strike out [$2,166,148,000] and insert:
$2,164,179,000
(54)Page 30, line 7, strike out [$70,261,000] and insert: $63,004,000,
of which $2,048,000 and 30 full-time equivalent positions will be
transferred from the National Vaccine Program Office to the Centers for
Disease Control and Prevention for the expanded immunization program
(55)Page 30, line 10, strike out all after ``expended'' down to and
including ``account'' in line 13
(56)Page 31, line 5, strike out [$134,624,000] and insert:
$128,914,000
(57)Page 31, line 6, strike out [$5,806,000] and insert: $5,786,000
(58)Page 31, line 15, strike out [$13,202,000] and insert: $31,504,000
(59)Page 31, line 19, strike out [$62,637,775,000] and insert:
$62,640,775,000
(60)Page 32, line 24, strike out [$2,183,985,000] and insert:
$2,207,237,000
(61)Page 33, line 1, strike out [$2,183,985,000] and insert:
$2,207,237,000
(62)Page 34, line 21, strike out [$21,237,101,000] and insert:
$21,192,101,000
(63)Page 35, line 8, strike out [$5,127,785,000] and insert:
$5,157,011,000
(64)Page 35, line 20, strike out [$352,000,000] and insert:
$320,000,000
(65)Page 35, line 23, strike out [$130,000,000] and insert:
$64,000,000
(66)Page 36, after line 24 insert:
The Secretary shall provide payments under titles IV-A and XIX of
the Social Security Act to carry out a demonstration project for a
qualified program in accordance with this section which shall take
effect on January 1, 1995. For each calendar quarter in which there is
a qualified program as defined below, the Secretary shall pay to the
State for the purpose of transmittal to the operator of the qualified
program, for no more than 20 calendar quarters, an amount equal to the
aggregate amount that would otherwise have been payable to the State
with respect to the participants in the program for such a calendar
quarter, in the absence of the program, for cash assistance and child
care under part A of title IV of the Social Security Act, for medical
assistance under title XIX of such Act, and for administrative expenses
related to such assistance. The term ``qualified program'' means a
program operated by the New Hope Project, Inc., which assists low-
income residents of Milwaukee, Wisconsin, move from welfare to work, in
accordance with an application to be prepared by the operator to the
qualified program, transmitted by the State to the Secretary, and
defined by and approved by the Secretary. The application shall provide
for evaluation of the demonstration project; funds provided herein may
not be used for said evaluation.
(67)Page 37, line 9, strike out [$250,000,000] and insert: $89,592,000
(68)Page 37, line 13, strike out [$1,225,000,000] and insert:
$1,475,000,000
(69)Page 38, after line 13, insert:
state legalization impact-assistance grants
(including rescission)
(a) Funds not expended by the States by July 1, 1995, under section
204(b)(4) of the Immigration and Nationality Act are hereby rescinded.
(b) For allotments of funds to the States made by the Secretary of
Health and Human Services for the purpose of making payments to public
and private nonprofit organizations for--
(1) public information and outreach activities regarding
naturalization and citizenship; and
(2) English language and civics instruction provided to any
adult eligible legalized alien who has not met the requirements
of section 312 of the Immigration and Nationality Act for
purposes of becoming naturalized as a citizen of the United
States, $8,000,000:
Provided, That the Secretary of Health and Human Services shall
allocate such amount among the States not later than August 15, 1995:
Provided further, That each State's share of these funds shall be equal
to that State's percentage share of the total costs of administering
and providing educational services to eligible legalized aliens in all
States through fiscal year 1994, as determined by the Secretary:
Provided further, That the definition of ``eligible legalized alien''
contained in section 204(j)(4) of the Immigration Reform and Control
Act of 1986 is amended by inserting before the period at the end ``,
except that the five-year limitation shall not apply for the purposes
of providing public information and outreach activities regarding
naturalization and citizenship; and English language and civics
instruction to any adult eligible legalized alien who has not met the
requirements of section 312 of the Immigration and Nationality Act for
purposes of becoming naturalized as a citizen of the United States'':
Provided further, That each State may designate the appropriate agency
or agencies to administer funds under this heading: Provided further,
That section 204(b)(4) of the Immigration Reform and Control Act of
1986 is amended by striking the fourth sentence and inserting the
following: ``Funds made available to a State pursuant to the preceding
sentence of this paragraph shall be utilized by the State to reimburse
all allowable costs within 90 days after a State has received a
reallocation of funds from the Secretary, but in no event later than
July 31, 1995.''.
(70)Page 38, line 18, strike out [$465,714,000] and insert:
$476,219,000, of which $12,000,000 shall be for carrying out the
National Youth Sports Program: Provided, That payments from such amount
to the grantee and subgrantees administering the National Youth Sports
Program may not exceed the aggregate amount contributed in cash or in
kind by the grantee and subgrantees: Provided further, That amounts in
excess of $9,400,000 for such amount may not be made available to the
grantee and subgrantees administering the National Youth Sports Program
unless the grantee agrees to provide contributions in cash over and
above the preceding year's cash contribution to such program in an
amount that equals 29 percent of such excess amount
(71)Page 40, line 3, strike out [$4,408,775,000] and insert:
$4,415,514,000
(72)Page 40, line 11, strike out [$3,440,871,000] and insert:
$3,597,371,000
(73)Page 40, line 17, strike out [$869,823,000] and insert:
$873,662,000
(74)Page 40, line 22, strike out [$89,500,000] and insert: $88,774,000
(75)Page 41, line 8, after ``therein'' insert: , together with any
funds, to remain available until expended, that represent the equitable
share from the forfeiture of property in investigations in which the
Office of Inspector General participated and which are transferred to
the Office of the Inspector General by the Department of Justice or the
Department of the Treasury
(76)Page 41, line 18, strike out [$14,632,000] and insert: $10,741,000
(77)Page 42, line 7, strike out [and section 1503]
(78)Page 42, strike out lines 10 to 19 and insert:
Sec. 204. None of the funds made available by this Act may be used
to withhold payment to any State under the Child Abuse Prevention and
Treatment Act by reason of a determination that the State is not in
compliance with section 1340.2(d)(2)(ii) of title 45 of the Code of
Federal Regulations. This provision expires upon the date of enactment
of the reauthorization of the Child Abuse Prevention and Treatment Act
or upon September 30, 1995, whichever occurs first.
(79)Page 43, after line 14, insert:
Sec. 206. None of the funds appropriated in this title for the
National Institutes of Health and the Substance Abuse and Mental Health
Services Administration shall be used to pay the salary of an
individual, through a grant or other extramural mechanism, at a rate in
excess of $125,000 per year.
(80)Page 43, after line 14, insert:
Sec. 207. (a) Of the budgetary resources available to the
Department of Health and Human Services for space rental charges
(excluding Food and Drug Administration and the Indian Health Service)
during fiscal year 1995, $4,505,000 are permanently canceled.
(b) The Secretary of Health and Human Services shall allocate the
amount of budgetary resources canceled among the Department's accounts
(excluding the Food and Drug Administration and the Indian Health
Service) available for space rental charges. Amounts available for
space rental charges in each such account shall be reduced by the
amount allocated to such account.
(81)Page 43, after line 14, insert:
Sec. 208. Taps and other assessments made by any office located in
the Department of Health and Human Services shall be treated as a
reprogramming of funds and shall not be available for obligation or
expenditure except in compliance with the Committee reprogramming
procedures.
(82)Page 43, after line 14, insert:
Sec. 209. None of the funds made available by this Act shall be
obligated or expended for storage or distribution of publicly-purchased
pediatric vaccine through a warehouse and distribution facility
operated by the General Services Administration until such time as the
Secretary of Health and Human Services receives written approval by the
Appropriations Committees of both the House and Senate: Provided, That
such approval shall be contingent upon the following requirements:
(1) All aspects of the ordering, storage, packaging and
distribution system are fully developed, tested and validated
in accordance with the requirements imposed on commercial
manufacturers and distributors.
(2) The Commissioner of FDA has conducted a complete review
of all aspects of the system, has reviewed and verified
documentation of testing and validation procedures, and has
provided documentation to the Committees of both the House and
the Senate that all licensing and performance standards
required of commercial distributors have been met by the
General Services Administration system.
(3) The Secretary has provided documentation to the
Committees of both Houses that the cost of the General Services
Administration system is lower than the cost of private sector
bids.
Sec. 210. Visas for Officials of Taiwan.--Section 4(b)(6) of the
Taiwan Relations Act (22 U.S.C. 3302(b)(6)) is amended--
(1) by inserting ``(A)'' immediately after ``(6)''; and
(2) by adding at the end the following:
``(B) Whenever the president of Taiwan or any other high-
level official of Taiwan shall apply to visit the United States
for the purposes of discussions with United States Federal or
State Government officials concerning:
``(i) Trade or business with Taiwan that will
reduce the United States-Taiwan trade deficit;
``(ii) Prevention of nuclear proliferation;
``(iii) Threats to the national security of the
United State;
``(iv) The protection of the global environment;
``(v) The protection of endangered species; or
``(vi) Regional humanitarian disasters.
The official shall be admitted to the United States, unless the
official is otherwise excludable under the immigration laws of
the United States.''.
(83)Page 43, after line 14, insert:
Sec. 211. (a) Of the funds appropriated or otherwise made available
for the Department of Health and Human Services General Departmental
Management for fiscal year 1995, the Secretary of Health and Human
Services shall transfer to the Office of the Inspector General such
sums as may be necessary for any expenses with respect to the provision
of security protection for the Secretary of Health and Human Services.
(b) The Comptroller General of the United States shall conduct a
review on the need of personal security protection for all cabinet and
subcabinet officials in the Federal Government, and shall not later
than April 1, 1995, prepare and submit a report to the Senate and House
Committees on Appropriations of the findings of the Comptroller.
(84)Page 43, after line 14, insert:
SEC. 212. DIRECTION TO THE SECRETARY OF HEALTH AND HUMAN SERVICES
REGARDING ACTION ON A REQUEST FOR CERTAIN WAIVERS UNDER
THE AFDC PROGRAM.
In the event the Secretary of Health and Human Services (hereafter
referred to in this section as the ``Secretary'') fails to approve the
application for waivers to conduct a demonstration project, known as
JOBS Plus, under section 1115 of the Social Security Act submitted by
the Oregon Department of Human Resources on October 28, 1993,
(hereafter referred to in this section as the ``application'') by the
date of the enactment of this Act, notwithstanding the Secretary's
authority to approve the application under such section, the
application shall be deemed approved.
(85)Page 43, lines 19 and 20, strike out [and III] and insert: , III,
and IV
(86)Page 44, line 5, strike out [passed the House of Representatives
on March 24, 1994] and insert: passed the Senate on August 2, 1994
(87)Page 44, line 7, strike out [$7,245,655,000] and insert:
$7,233,411,000
(88)Page 44, line 7, strike out [$7,212,093,000] and insert:
$7,214,849,000
(89)Page 44, line 11, after ``agencies,'' insert: not less than
(90)Page 44, line 14, strike out [$37,244,000] and insert: not less
than $40,000,000
(91)Page 44, line 16, after ``activities,'' insert: no more than
(92)Page 44, line 17, strike out [$15,000,000 shall be for
demonstration grants,]
(93)Page 44, lines 22 and 23, strike out [passed the House of
Representatives on March 24, 1994] and insert: passed the Senate on
August 2, 1994
(94)Page 44, line 23, strike out [$728,000,000] and insert:
$666,880,000
(95)Page 44, line 26, strike out [8004(f)] and insert: 9004(f)
(96)Page 45, line 3, strike out [III, IV, and V] and insert: IV, V,
VII, VIII, IX, and XV
(97)Page 45, lines 5 and 6, strike out [passed the House of
Representatives on March 24, 1994] and insert: passed the Senate on
August 2, 1994
(98)Page 45, line 9, strike out [$1,424,513,000] and insert:
$1,570,201,000
(99)Page 45, line 9, strike out [$1,158,695,000] and insert:
$1,264,849,000
(100)Page 45, line 11, strike out all after ``that'' down to and
including ``3702'' in line 12 and insert: $100,000,000 shall be for
education infrastructure under title XV, $5,899,000 shall be for law
related education under section 8252, $37,393,000 shall be for dropout
assistance under part B of title V, $4,185,000 shall be for Ellender
Fellowships under part E of title VIII, $15,000,000 shall be for
education for Native Hawaiians under part C of title IX, $13,000,000
shall be for part A of title VIII, and $10,912,000 shall be for foreign
language assistance under part B of title VII
(101)Page 45, line 16, strike out [title VII] and insert: titles VII
and IX
(102)Page 45, line 18, strike out all after ``as'' down to and
including ``Act'' in line 20 and insert: passed the Senate on August 2,
1994
(103)Page 45, line 21, strike out [$247,572,000] and insert:
$238,082,000
(104)Page 45, line 22, strike out [part C] and insert: subpart 3 of
part A of title VII
(105)Page 45, line 23, after ``program'' insert: under part B of title
IX
(106)Page 45, line 26, strike out [$3,106,634,000] and insert:
$3,299,459,000
(107)Page 45, line 26, strike out [$2,858,973,000] and insert:
$2,753,300,000
(108)Page 46, line 2, after ``1996'' insert: , of which $292,125,000
for section 686 shall become available for obligation on September 30,
1995, and shall remain available through September 30, 1996
(109)Page 46, line 8, strike out [$2,355,600,000] and insert:
$2,413,675,000
(110)Page 46, line 13, strike out [$6,406,000] and insert: $6,680,000
(111)Page 46, line 17, strike out [$41,462,000] and insert:
$43,191,000
(112)Page 46, strike out all after line 17 down to and including
``expended'' in line 20 and insert: $336,000 shall be for the endowment
program as authorized under section 207 and shall be available until
expended and $150,000 shall be for construction and shall be available
until expended
(113)Page 46, line 26, strike out [$76,742,000] and insert:
$80,030,000
(114)Page 46, line 26, strike out [$991,000] and insert: $1,000,000
(115)Page 47, line 6, after ``Act,'' the second time it appears,
insert: the National Literacy Act of 1991,
(116)Page 47, line 8, strike out [$1,456,383,000, of which
$1,453,464,000] and insert: $1,475,736,000, of which $1,472,817,000
(117)Page 47, line 14, strike out [$25,767,000] and insert:
$37,096,000
(118)Page 47, line 17, strike out [$13,000,000] and insert:
$23,245,000
(119)Page 47, line 19, strike out [$4,916,000] and insert: $6,000,000
(120)Page 47, line 21, strike out [$5,400,000] and insert: $3,900,000
(121)Page 47, lines 21 and 22, strike out [sections 382 and 383] and
insert: section 383
(122)Page 48, line 3, strike out [$7,825,417,000] and insert:
$7,685,524,000
(123)Page 48, line 5, strike out [$54,322,000] and insert: $72,429,000
(124)Page 48, after line 25 insert:
federal direct student loan program account
For the cost of direct loans authorized by title IV, part D, of the
Higher Education Act, as amended, such sums as may be necessary to
carry out the purposes of the program, including such sums as may be
derived from negative subsidy receipts: Provided, That such costs,
including costs of modifying such loans, shall be as defined in section
502 of the Congressional Budget Act of 1974.
(125)Page 49, line 3, strike out [II, without regard to section
241(d),]
(126)Page 49, line 5, strike out [part A, and subpart 1 of part B of
title X,] and insert: VIII, IX, part A, subpart 1 of part B, and part D
of title X, and
(127)Page 49, line 6, after ``1151,'' insert: and section 1521 as
amended by Public Law 103-239, to be administered by the Secretary of
Education,
(128)Page 49, line 6, strike out [and XV]
(129)Page 49, lines 8 and 9, strike out [title VI, including part C,]
and insert: and title VI
(130)Page 49, lines 10 and 11, strike out [and Public Law 102-423;
$954,686,000, of which $8,248,000] and insert: $946,703,000, of which
$7,498,000
(131)Page 49, lines 14 and 15, strike out [and $4,000,000 for Public
Law 102-423]
(132)Page 49, line 16, strike out all after ``pended'' down to and
including ``programs'' in line 18
(133)Page 49, line 21, strike out [$206,463,000] and insert:
$192,896,000
(134)Page 49, line 21, strike out [$7,910,000] and insert: $3,530,000
(135)Page 49, strike out all after line 24 down to and including
``construction'' in line 26
(136)Page 50, line 14, strike out [$134,000] and insert: $168,000
(137)Page 50, line 19, strike out [$8,000,000] and insert: $10,000,000
(138)Page 52, line 2, strike out all after ``1965'' down to and
including ``technology'' in line 14 and insert: , as amended by the
Improving America's Schools Act as passed the Senate on August 2, 1994;
the National Education Statistics Act of 1994, as passed the Senate on
August 2, 1994; and title VI of Public Law 103-227; $371,586,000:
Provided, That $41,000,000 shall be for regional laboratories,
including rural initiatives and network activities; $33,000,000 shall
be for research centers; $43,000,000 shall be for the Fund for the
Improvement of Education, including $5,000,000 for title VI of Public
Law 103-227, $3,000,000 for Elementary School Counseling
Demonstrations, $125,000 for National Student and Parent Mock
Elections, $1,000,000 for the Partnerships in Character Education Pilot
Project, $500,000 for Promoting Scholar-Athlete Competitions, and
$900,000 for 21st Century Community Learning Centers, as authorized by
title VIII of the Elementary and Secondary Education Act, as amended by
the Improving America's Schools Act as passed the Senate on August 2,
1994; $4,463,000 shall be for civic education activities; $14,480,000
shall be for the National Diffusion Network; $40,000,000 shall be for
Eisenhower professional development Federal activities, including not
less than $5,472,000 for the National Clearinghouse for Science and
Mathematics, $15,000,000 for regional consortia, and $3,000,000 for
part E of title II of the Elementary and Secondary Education Act, as
amended by the Improving America's Schools Act as passed the Senate on
August 2, 1994; and $50,000,000 shall be for education technology
activities under part A of title III of the Elementary and Secondary
Education Act, as amended by the Improving America's Schools Act as
passed the Senate on August 2, 1994
(139)Page 52, lines 18 and 19, strike out [section 222 of the Higher
Education Act, $115,996,000] and insert: title II of the Higher
Education Act, $147,558,000, of which $17,792,000 shall be used to
carry out the provisions of title II of the Library Services and
Construction Act and shall remain available until expended, and
$4,916,000 shall be for section 222 and $8,270,000 shall be for section
223 of the Higher Education Act, of which $2,500,000 shall be for
demonstration of on-line and dial-in access to a statewide, multitype
library bibliographic data base through a statewide fiber optic network
housing a point of presence in every county, connecting library
services in every municipality, and $1,500,000 shall be for a
demonstration project making Federal information and other data bases
available for public use by connecting Internet to a multistate
consortium of public and private colleges and universities, a public
library system, and a State historical library
(140)Page 52, line 26, strike out [$359,358,000] and insert:
$346,008,000
(141)Page 53, line 8, strike out [$29,199,000] and insert: $31,675,000
(142)Page 55, line 12, strike out [$59,816,000] and insert:
$56,820,000
(143)Page 56, line 7, strike out [$205,771,000] and insert:
$217,688,000
(144)Page 56, strike out lines 9 to 11 and insert:
For payment to the Corporation for Public Broadcasting, as
authorized by the Communications Act of 1934, an amount which shall be
available within limitations specified by that Act, for the fiscal year
1997, $330,000,000: Provided, That no funds made available to the
Corporation for Public Broadcasting by this Act shall be used to pay
for receptions, parties, or similar forms of entertainment for
Government officials or employees: Provided further, That none of the
funds contained in this paragraph shall be available or used to aid or
support any program or activity from which any person is excluded, or
is denied benefits, or is discriminated against, on the basis of race,
color, national origin, religion, or sex.
(145)Page 56, line 22, strike out [$31,078,000] and insert:
$31,610,000
(146)Page 57, line 18, strike out [$1,643,000] and insert: $1,843,000
(147)Page 57, line 24, strike out [$173,388,000] and insert:
$176,047,000
(148)Page 60, line 20, after ``achieved'' insert: : 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)
(149)Page 61, line 15, strike out [$6,682,000] and insert: $6,860,000
(150)Page 61, line 22, strike out [$10,912,000] and insert:
$11,500,000
(151)Page 64, strike out lines 9 to 19 and insert:
Sec. 507. No funds appropriated pursuant to this Act may be
expended by an entity unless the entity agrees that in expending the
assistance the entity will comply with sections 2 through 4 of the Act
of March 3, 1933 (41 U.S.C. 10a-10c, popularly known as the ``Buy
American Act'').
(152)Page 65, strike out lines 13 to 16
(153)Page 65, strike out lines 17 to 20 and insert:
Sec. 511. None of the funds appropriated or otherwise made
available under this Act may be obligated in violation of existing
Federal law or regulation already prohibiting such benefit or
assistance. None of the funds appropriated under this Act may be used
by any Federal official, or any State or local official, to encourage
the application by or on behalf of illegal aliens for Federal or
federally assisted benefits for which they are not eligible. Each State
agency and each other entity administering a program under which
verification of immigration status is required by section 121 of the
Immigration Reform and Control Act of 1986 shall participate in the
system for the verification of such status established by the
Commissioner of the Immigration and Naturalization pursuant to section
121(c) of that Act, unless an alternative system is available and
employed for such purposes which is found to meet the criteria for
waiver under section 121(c)(4).
Sec. 512. Notwithstanding any other provision of law, monthly
benefit rates under part B or part C of the Black Lung Benefits Act
shall continue to be based on the benefit rates in effect in September,
1994 and be paid in accordance with the Act, until exceeded by the
benefit rate specified in section 412(a)(1) of the Act.
Sec. 513. No more than one percent of salaries appropriated for
each Agency in this Act may be expended by that Agency on cash
performance awards.
Sec. 514. Funds available for executive direction, excluding the
Centers for Disease Control and Prevention, the National Institutes of
Health and the Social Security Administration, shall not exceed the
amounts set forth in the budget estimates submitted to Congress for
fiscal year 1995.
Sec. 515. (a) No appropriations for Agencies in this Act may be
used to fund non-formula grants or contracts or modifications thereto
to grantees or contractors determined by each Agency's grant or
contracting officer to have previously included expressly unallowable
costs in required cost reports or in claims to the Government, unless
such grant or contract includes a clause which--
(1) specifically states that the costs previously
determined to be unallowable will not again be reported as
allowable costs or claimed for reimbursement, and
(2) requires the submission of a certification by the
grantee or contractor attesting to (1) above.
(b) A grantee or contractor that knowingly submits a cost report or
claim for reimbursement which includes a cost that is expressly
specified by regulation as being unallowable and which was determined
to have been disallowed in a previous grant or contract with this
grantee or contractor shall be subject to the provisions of 18 U.S.C.
287, 31 U.S.C. 3729, and/or 31 U.S.C. 3801.
(c) The unallowability of a type of cost reported or claimed for
reimbursement may be evidenced by a prior final determination by a
grant or contracting officer of the Agency disallowing such costs
charged by that grantee or contractor which determination is, where
appropriate, upheld by any adjudicatory body, such as an Administrative
Law Judge, Board of Contract Appeals, or other higher level review
provided by law or regulation.
SEC. 516. PROTECTION AGAINST THE HUMAN IMMUNODEFICIENCY VIRUS.
Chapter 51 of title 18, United States Code, is amended by adding at
the end thereof the following new section:
``Sec. 1118. Protection against the Human Immunodeficiency Virus
``(a) In General.--Whoever, after testing positive for the Human
Immunodeficiency Virus (HIV) and receiving actual notice of that fact,
knowingly donates or sells, or knowingly attempts to donate or sell,
blood, semen, tissues, organs, or other bodily fluids, except as
determined necessary for medical research, shall be fined or imprisoned
in accordance with subsection (c).
``(b) Transmission not required.--Transmission of the Human
Immunodeficiency Virus does not have to occur for a person to be
convicted of a violation of this section.
``(c) Penalty.--Any person convicted of violating the provisions of
subsection (a) shall be subject to a fine of not less than $10,000 nor
more than $20,000 and imprisoned for not less than 1 year nor more than
10 years, or both.''.<plus-minus>
(154)Page 65, after line 20 insert:
Sec. 517. (a)(1) The Senate finds that Federal payments in lieu of
taxes to counties compensate local jurisdictions for services provided
in areas owned by the Federal Government and for tax revenues foregone
due to such Federal ownership.
(2) PILT payments are critical to counties to provide vital basic
services such as emergency search and rescue; law enforcement; fire and
emergency medical services; solid waste management, road maintenance,
and health and other human services.
(3) PILT payments have not been increased since 1976, and the
consumer price index has risen 127 percent since 1976.
(4) On April 13, 1994, the Senate approved legislation to increase
PILT payments by $115,000,000 over 5 years, and index the payments to
keep pace with inflation.
(5) Enactment of this legislation is critical to counties in 49
States throughout the Nation.
(b) It is the sense of the Senate that the House should approve the
Senate passed legislation to increase PILT payments, and that this
legislation should be enacted by the adjournment of the One Hundred
Third Congress. Further, it is the sense of the Senate that, pursuant
to enactment, the President should include full funding for the PILT
program in the fiscal year 1996 budget.
(155)Page 65, after line 20 insert:
TITLE VI--EMERGENCY SUPPLEMENTAL APPROPRIATIONS
(156)Page 65, after line 20, insert:
DEPARTMENT OF HEALTH AND HUMAN SERVICES
public health and social services emergency fund
For an additional amount for the Public Health and Social Services
Emergency Fund to be used to assist States and local communities in
recovering from the flooding caused by tropical storm Alberto and other
disasters, $35,000,000 to remain available until expended: Provided,
That the entire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended: Provided
further, That the entire amount shall be available only to the extent
an official budget request, for a specific dollar amount, that includes
designation of the entire amount of the request as an emergency
requirement, as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985 as amended, is transmitted by the President to the
Congress.
(157)Page 65, after line 20 insert:
DEPARTMENT OF EDUCATION
impact aid
For carrying out disaster assistance activities related to the
flooding caused by tropical storm Alberto and other disasters,
authorized under section 7(a) of Public Law 81-874, $10,000,000, to
remain available until expended, of which $10,000,000 shall be
available from funds provided under the heading ``DEPARTMENT OF
EDUCATION'' under the heading ``impact aid'' in the Emergency
Supplemental Appropriations Act of 1994 (Public Law 103-211): Provided,
That such funds shall be available only to the extent an official
budget request for a specific dollar amount, that includes designation
of the entire amount of the request as an emergency requirement as
defined in the Balanced Budget and Emergency Deficit Control Act of
1985, as amended, is transmitted by the President to the Congress:
Provided, That the entire amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
Attest:
Secretary.
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