[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2264 Enrolled Bill (ENR)]
H.R.2264
One Hundred Fifth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the seventh day of January, one thousand nine hundred and ninety-seven
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, 1998, 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, 1998, and for other purposes, namely:
TITLE I--DEPARTMENT OF LABOR
Employment and Training Administration
training and employment services
For necessary expenses of the Job Training Partnership Act, as
amended, including the purchase and hire of passenger motor vehicles,
the construction, alteration, and repair of buildings and other
facilities, and the purchase of real property for training centers as
authorized by the Job Training Partnership Act; the Stewart B. McKinney
Homeless Assistance Act; the Women in Apprenticeship and Nontraditional
Occupations Act; the National Skill Standards Act of 1994; and the
School-to-Work Opportunities Act; $4,988,226,000 plus reimbursements,
of which $3,794,735,000 is available for obligation for the period July
1, 1998 through June 30, 1999; of which $118,491,000 is available for
the period July 1, 1998 through June 30, 2001 for necessary expenses of
construction, rehabilitation, and acquisition of Job Corps centers; and
of which $200,000,000 shall be available from July 1, 1998 through
September 30, 1999, for carrying out activities of the School-to-Work
Opportunities Act: Provided, That $53,815,000 shall be for carrying out
section 401 of the Job Training Partnership Act, $71,017,000 shall be
for carrying out section 402 of such Act, $7,300,000 shall be for
carrying out section 441 of such Act, $9,000,000 shall be for all
activities conducted by and through the National Occupational
Information Coordinating Committee under such Act, $955,000,000 shall
be for carrying out title II, part A of such Act, and $129,965,000
shall be for carrying out title II, part C of such Act: Provided
further, That the National Occupational Information Coordinating
Committee is authorized, effective upon enactment, to charge fees for
publications, training and technical assistance developed by the
National Occupational Information Coordinating Committee: Provided
further, That revenues received from publications and delivery of
technical assistance and training, notwithstanding 31 U.S.C. 3302,
shall be credited to the National Occupational Information Coordinating
Committee program account and shall be available to the National
Occupational Information Coordinating Committee without further
appropriations, so long as such revenues are used for authorized
activities of the National Occupational Information Coordinating
Committee: Provided further, That no funds from any other appropriation
shall be used to provide meal services at or for Job Corps centers:
Provided further, That funds provided for title III of the Job Training
Partnership Act shall not be subject to the limitation contained in
subsection (b) of section 315 of such Act; that the waiver described in
section 315(a)(2) may be granted if a substate grantee demonstrates to
the Governor that such waiver is appropriate due to the availability of
low-cost retraining services, is necessary to facilitate the provision
of needs-related payments to accompany long-term training, or is
necessary to facilitate the provision of appropriate basic readjustment
services; and that funds provided for discretionary grants under part B
of such title III may be used to provide needs-related payments to
participants who, in lieu of meeting the enrollment requirements under
section 314(e) of such Act, are enrolled in training by the end of the
sixth week after grant funds have been awarded: Provided further, That
funds provided to carry out section 324 of such Act may be used for
demonstration projects that provide assistance to new entrants in the
workforce and incumbent workers: Provided further, That service
delivery areas may transfer funding provided herein under authority of
title II, parts B and C of the Job Training Partnership Act between the
programs authorized by those titles of the Act, if the transfer is
approved by the Governor: Provided further, That service delivery areas
and substate areas may transfer up to 20 percent of the funding
provided herein under authority of title II, part A and title III of
the Job Training Partnership Act between the programs authorized by
those titles of the Act, if such transfer is approved by the Governor:
Provided further, That, notwithstanding any other provision of law, any
proceeds from the sale of Job Corps center facilities shall be retained
by the Secretary of Labor to carry out the Job Corps program: Provided
further, That notwithstanding any other provision of law, the Secretary
of Labor may waive any of the statutory or regulatory requirements of
titles I-III of the Job Training Partnership Act (except for
requirements relating to wage and labor standards, worker rights,
participation and protection, grievance procedures and judicial review,
nondiscrimination, allocation of funds to local areas, eligibility,
review and approval of plans, the establishment and functions of
service delivery areas and private industry councils, and the basic
purposes of the Act), and any of the statutory or regulatory
requirements of sections 8-10 of the Wagner-Peyser Act (except for
requirements relating to the provision of services to unemployment
insurance claimants and veterans, and to universal access to basic
labor exchange services without cost to job seekers), only for funds
available for expenditure in program year 1998, pursuant to a request
submitted by a State which identifies the statutory or regulatory
requirements that are requested to be waived and the goals which the
State or local service delivery areas intend to achieve, describes the
actions that the State or local service delivery areas have undertaken
to remove State or local statutory or regulatory barriers, describes
the goals of the waiver and the expected programmatic outcomes if the
request is granted, describes the individuals impacted by the waiver,
and describes the process used to monitor the progress in implementing
a waiver, and for which notice and an opportunity to comment on such
request has been provided to the organizations identified in section
105(a)(1) of the Job Training Partnership Act, if and only to the
extent that the Secretary determines that such requirements impede the
ability of the State to implement a plan to improve the workforce
development system and the State has executed a Memorandum of
Understanding with the Secretary requiring such State to meet agreed
upon outcomes and implement other appropriate measures to ensure
accountability: Provided further, That the Secretary of Labor shall
establish a workforce flexibility (work-flex) partnership demonstration
program under which the Secretary shall authorize not more than six
States, of which at least three States shall each have populations not
in excess of 3,500,000, with a preference given to those States that
have been designated Ed-Flex Partnership States under section 311(e) of
Public Law 103-227, to waive any statutory or regulatory requirement
applicable to service delivery areas or substate areas within the State
under titles I-III of the Job Training Partnership Act (except for
requirements relating to wage and labor standards, grievance procedures
and judicial review, nondiscrimination, allotment of funds, and
eligibility), and any of the statutory or regulatory requirements of
sections 8-10 of the Wagner-Peyser Act (except for requirements
relating to the provision of services to unemployment insurance
claimants and veterans, and to universal access to basic labor exchange
services without cost to job seekers), for a duration not to exceed the
waiver period authorized under section 311(e) of Public Law 103-227,
pursuant to a plan submitted by such States and approved by the
Secretary for the provision of workforce employment and training
activities in the States, which includes a description of the process
by which service delivery areas and substate areas may apply for and
have waivers approved by the State, the requirements of the Wagner-
Peyser Act to be waived, the outcomes to be achieved and other measures
to be taken to ensure appropriate accountability for Federal funds.
For necessary expenses of Opportunity Areas of Out-of-School Youth,
in addition to amounts otherwise provided herein, $250,000,000, to be
available for obligation for the period October 1, 1998 through
September 30, 1999, if job training reform legislation authorizing this
or similar at-risk youth projects is enacted by July 1, 1998.
Community Service Employment for Older Americans
(transfer of funds)
To carry out the activities for national grants or contracts with
public agencies and public or private nonprofit organizations under
paragraph (1)(A) of section 506(a) of title V of the Older Americans
Act of 1965, as amended, or to carry out older worker activities as
subsequently authorized, $343,356,000.
To carry out the activities for grants to States under paragraph
(3) of section 506(a) of title V of the Older Americans Act of 1965, as
amended, or to carry out older worker activities as subsequently
authorized, $96,844,000.
The funds appropriated under this heading shall be transferred to
and merged with the Department of Health and Human Services, ``Aging
Services Programs'', for the same purposes and the same period as the
account to which transferred, following the enactment of legislation
authorizing the administration of the program by that Department.
federal unemployment benefits and allowances
For payments during the current fiscal year of trade adjustment
benefit payments and allowances under part I; and for training,
allowances for job search and relocation, and related State
administrative expenses under part II, subchapters B and D, chapter 2,
title II of the Trade Act of 1974, as amended, $349,000,000, together
with such amounts as may be necessary to be charged to the subsequent
appropriation for payments for any period subsequent to September 15 of
the current year.
state unemployment insurance and employment service operations
For authorized administrative expenses, $173,452,000, together with
not to exceed $3,322,476,000 (including not to exceed $1,228,000 which
may be used for amortization payments to States which had independent
retirement plans in their State employment service agencies prior to
1980, and including not to exceed $2,000,000 which may be obligated in
contracts with non-State entities for activities such as occupational
and test research activities which benefit the Federal-State Employment
Service System), which may be expended from the Employment Security
Administration account in the Unemployment Trust Fund including the
cost of administering section 1201 of the Small Business Job Protection
Act of 1996, section 7(d) of the Wagner-Peyser Act, as amended, the
Trade Act of 1974, as amended, the Immigration Act of 1990, and the
Immigration and Nationality Act, as amended, and of which the sums
available in the allocation for activities authorized by title III of
the Social Security Act, as amended (42 U.S.C. 502-504), and the sums
available in the allocation for necessary administrative expenses for
carrying out 5 U.S.C. 8501-8523, shall be available for obligation by
the States through December 31, 1998, except that funds used for
automation acquisitions shall be available for obligation by States
through September 30, 2000; and of which $40,000,000 of the amount
which may be expended from said trust fund, shall be available for
obligation for the period October 1, 1998 through September 30, 1999,
for the purpose of assisting States to convert their automated State
employment security agency systems to be year 2000 compliant; and of
which $173,452,000, together with not to exceed $738,283,000 of the
amount which may be expended from said trust fund, shall be available
for obligation for the period July 1, 1998 through June 30, 1999, to
fund activities under the Act of June 6, 1933, as amended, including
the cost of penalty mail authorized under 39 U.S.C. 3202(a)(1)(E) made
available to States in lieu of allotments for such purpose, and of
which $200,000,000 shall be available solely for the purpose of
assisting States to convert their automated State employment security
agency systems to be year 2000 compliant, and of which $196,333,000
shall be available only to the extent necessary for additional State
allocations to administer unemployment compensation laws to finance
increases in the number of unemployment insurance claims filed and
claims paid or changes in a State law: Provided, That to the extent
that the Average Weekly Insured Unemployment (AWIU) for fiscal year
1998 is projected by the Department of Labor to exceed 2,789,000 an
additional $28,600,000 shall be available for obligation for every
100,000 increase in the AWIU level (including a pro rata amount for any
increment less than 100,000) from the Employment Security
Administration Account of the Unemployment Trust Fund: Provided
further, That funds appropriated in this Act which are used to
establish a national one-stop career center network may be obligated in
contracts, grants or agreements with non-State entities: Provided
further, That funds appropriated under this Act for activities
authorized under the Wagner-Peyser Act, as amended, and title III of
the Social Security Act, may be used by the States to fund integrated
Employment Service and Unemployment Insurance automation efforts,
notwithstanding cost allocation principles prescribed under Office of
Management and Budget Circular A-87.
advances to the unemployment trust fund and other funds
For repayable advances to the Unemployment Trust Fund as authorized
by sections 905(d) and 1203 of the Social Security Act, as amended, and
to the Black Lung Disability Trust Fund as authorized by section
9501(c)(1) of the Internal Revenue Code of 1954, as amended; and for
nonrepayable advances to the Unemployment Trust Fund as authorized by
section 8509 of title 5, United States Code, section 104(d) of Public
Law 102-164, and section 5 of Public Law 103-6, and to the ``Federal
unemployment benefits and allowances'' account, to remain available
until September 30, 1999, $392,000,000.
In addition, for making repayable advances to the Black Lung
Disability Trust Fund in the current fiscal year after September 15,
1998, for costs incurred by the Black Lung Disability Trust Fund in the
current fiscal year, such sums as may be necessary.
program administration
For expenses of administering employment and training programs,
$90,308,000, including $6,000,000 to support up to 75 full-time
equivalent staff, the majority of which will be term Federal
appointments lasting no more than three years, to administer welfare-
to-work grants, together with not to exceed $41,285,000, which may be
expended from the Employment Security Administration account in the
Unemployment Trust Fund.
Pension and Welfare Benefits Administration
salaries and expenses
For necessary expenses for the Pension and Welfare Benefits
Administration, $82,000,000, of which $3,000,000 shall remain available
through September 30, 1999 for expenses of completing the revision of
the processing of employee benefit plan returns.
Pension Benefit Guaranty Corporation
pension benefit guaranty corporation fund
The Pension Benefit Guaranty Corporation is authorized to make such
expenditures, including financial assistance authorized by section 104
of Public Law 96-364, within limits of funds and borrowing authority
available to such Corporation, and in accord with law, and to make such
contracts and commitments without regard to fiscal year limitations as
provided by section 104 of the Government Corporation Control Act, as
amended (31 U.S.C. 9104), as may be necessary in carrying out the
program through September 30, 1998, for such Corporation: Provided,
That not to exceed $10,433,000 shall be available for administrative
expenses of the Corporation: Provided further, That expenses of such
Corporation in connection with the termination of pension plans, for
the acquisition, protection or management, and investment of trust
assets, and for benefits administration services shall be considered as
non-administrative expenses for the purposes hereof, and excluded from
the above limitation.
Employment Standards Administration
salaries and expenses
For necessary expenses for the Employment Standards Administration,
including reimbursement to State, Federal, and local agencies and their
employees for inspection services rendered, $299,660,000, together with
$993,000 which may be expended from the Special Fund in accordance with
sections 39(c) and 44(j) of the Longshore and Harbor Workers'
Compensation Act: Provided, That $500,000 shall be for the development
of an alternative system for the electronic submission of reports as
required to be filed under the Labor-Management Reporting and
Disclosure Act of 1959, as amended, and for a computer database of the
information for each submission by whatever means, that is indexed and
easily searchable by the public via the Internet: Provided further,
That the Secretary of Labor is authorized to accept, retain, and spend,
until expended, in the name of the Department of Labor, all sums of
money ordered to be paid to the Secretary of Labor, in accordance with
the terms of the Consent Judgment in Civil Action No. 91-0027 of the
United States District Court for the District of the Northern Mariana
Islands (May 21, 1992): Provided further, That the Secretary of Labor
is authorized to establish and, in accordance with 31 U.S.C. 3302,
collect and deposit in the Treasury fees for processing applications
and issuing certificates under sections 11(d) and 14 of the Fair Labor
Standards Act of 1938, as amended (29 U.S.C. 211(d) and 214) and for
processing applications and issuing registrations under title I of the
Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1801
et seq.).
special benefits
(including transfer of funds)
For the payment of compensation, benefits, and expenses (except
administrative expenses) accruing during the current or any prior
fiscal year authorized by title 5, chapter 81 of the United States
Code; continuation of benefits as provided for under the head
``Civilian War Benefits'' in the Federal Security Agency Appropriation
Act, 1947; the Employees' Compensation Commission Appropriation Act,
1944; and sections 4(c) and 5(f) of the War Claims Act of 1948 (50
U.S.C. App. 2012); and 50 percent of the additional compensation and
benefits required by section 10(h) of the Longshore and Harbor Workers'
Compensation Act, as amended, $201,000,000 together with such amounts
as may be necessary to be charged to the subsequent year appropriation
for the payment of compensation and other benefits for any period
subsequent to August 15 of the current year: Provided, That amounts
appropriated may be used under section 8104 of title 5, United States
Code, by the Secretary to reimburse an employer, who is not the
employer at the time of injury, for portions of the salary of a
reemployed, disabled beneficiary: Provided further, That balances of
reimbursements unobligated on September 30, 1997, shall remain
available until expended for the payment of compensation, benefits, and
expenses: Provided further, That in addition there shall be transferred
to this appropriation from the Postal Service and from any other
corporation or instrumentality required under section 8147(c) of title
5, United States Code, to pay an amount for its fair share of the cost
of administration, such sums as the Secretary of Labor determines to be
the cost of administration for employees of such fair share entities
through September 30, 1998: Provided further, That of those funds
transferred to this account from the fair share entities to pay the
cost of administration, $7,269,000 shall be made available to the
Secretary of Labor for expenditures relating to capital improvements in
support of Federal Employees' Compensation Act administration, and the
balance of such funds shall be paid into the Treasury as miscellaneous
receipts: Provided further, That the Secretary may require that any
person filing a notice of injury or a claim for benefits under chapter
81 of title 5, United States Code, or 33 U.S.C. 901 et seq., provide as
part of such notice and claim, such identifying information (including
Social Security account number) as such regulations may prescribe.
black lung disability trust fund
(including transfer of funds)
For payments from the Black Lung Disability Trust Fund,
$1,007,000,000, of which $960,650,000 shall be available until
September 30, 1999, for payment of all benefits as authorized by
section 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 $26,147,000 shall be available for
transfer to Employment Standards Administration, Salaries and Expenses,
$19,551,000 for transfer to Departmental Management, Salaries and
Expenses, $296,000 for transfer to Departmental Management, Office of
Inspector General, and $356,000 for payment into miscellaneous receipts
for the expenses of the Department of Treasury, for expenses of
operation and administration of the Black Lung Benefits program as
authorized by section 9501(d)(5) of that Act: Provided, That, in
addition, such amounts as may be necessary may be charged to the
subsequent year appropriation for the payment of compensation,
interest, or other benefits for any period subsequent to August 15 of
the current year.
Occupational Safety and Health Administration
salaries and expenses
For necessary expenses for the Occupational Safety and Health
Administration, $336,480,000, including not to exceed $77,941,000 which
shall be the maximum amount available for grants to States under
section 23(g) of the Occupational Safety and Health Act, which grants
shall be no less than 50 percent of the costs of State occupational
safety and health programs required to be incurred under plans approved
by the Secretary under section 18 of the Occupational Safety and Health
Act of 1970; and, in addition, notwithstanding 31 U.S.C. 3302, the
Occupational Safety and Health Administration may retain up to $750,000
per fiscal year of training institute course tuition fees, otherwise
authorized by law to be collected, and may utilize such sums for
occupational safety and health training and education grants: Provided,
That, notwithstanding 31 U.S.C. 3302, the Secretary of Labor is
authorized, during the fiscal year ending September 30, 1998, to
collect and retain fees for services provided to Nationally Recognized
Testing Laboratories, and may utilize such sums, in accordance with the
provisions of 29 U.S.C. 9a, to administer national and international
laboratory recognition programs that ensure the safety of equipment and
products used by workers in the workplace: Provided further, That none
of the funds appropriated under this paragraph shall be obligated or
expended to prescribe, issue, administer, or enforce any standard,
rule, regulation, or order under the Occupational Safety and Health Act
of 1970 which is applicable to any person who is engaged in a farming
operation which does not maintain a temporary labor camp and employs
ten or fewer employees: Provided further, That no funds appropriated
under this paragraph shall be obligated or expended to administer or
enforce any standard, rule, regulation, or order under the Occupational
Safety and Health Act of 1970 with respect to any employer of ten or
fewer employees who is included within a category having an
occupational injury lost workday case rate, at the most precise
Standard Industrial Classification Code for which such data are
published, less than the national average rate as such rates are most
recently published by the Secretary, acting through the Bureau of Labor
Statistics, in accordance with section 24 of that Act (29 U.S.C. 673),
except--
(1) to provide, as authorized by such Act, consultation,
technical assistance, educational and training services, and to
conduct surveys and studies;
(2) to conduct an inspection or investigation in response to an
employee complaint, to issue a citation for violations found during
such inspection, and to assess a penalty for violations which are
not corrected within a reasonable abatement period and for any
willful violations found;
(3) to take any action authorized by such Act with respect to
imminent dangers;
(4) to take any action authorized by such Act with respect to
health hazards;
(5) to take any action authorized by such Act with respect to a
report of an employment accident which is fatal to one or more
employees or which results in hospitalization of two or more
employees, and to take any action pursuant to such investigation
authorized by such Act; and
(6) to take any action authorized by such Act with respect to
complaints of discrimination against employees for exercising
rights under such Act: Provided further, That the foregoing proviso
shall not apply to any person who is engaged in a farming operation
which does not maintain a temporary labor camp and employs ten or
fewer employees.
Mine Safety and Health Administration
salaries and expenses
For necessary expenses for the Mine Safety and Health
Administration, $203,334,000, including purchase and bestowal of
certificates and trophies in connection with mine rescue and first-aid
work, and the hire of passenger motor vehicles; the Secretary is
authorized to accept lands, buildings, equipment, and other
contributions from public and private sources and to prosecute projects
in cooperation with other agencies, Federal, State, or private; the
Mine Safety and Health Administration is authorized to promote health
and safety education and training in the mining community through
cooperative programs with States, industry, and safety associations;
and any funds available to the Department may be used, with the
approval of the Secretary, to provide for the costs of mine rescue and
survival operations in the event of a major disaster: Provided, That
none of the funds appropriated under this paragraph shall be obligated
or expended to carry out section 115 of the Federal Mine Safety and
Health Act of 1977 or to carry out that portion of section 104(g)(1) of
such Act relating to the enforcement of any training requirements, with
respect to shell dredging, or with respect to any sand, gravel, surface
stone, surface clay, colloidal phosphate, or surface limestone mine.
Bureau of Labor Statistics
salaries and expenses
For necessary expenses for the Bureau of Labor Statistics,
including advances or reimbursements to State, Federal, and local
agencies and their employees for services rendered, $327,609,000, of
which $15,430,000 shall be for expenses of revising the Consumer Price
Index and shall remain available until September 30, 1999, together
with not to exceed $52,848,000, which may be expended from the
Employment Security Administration account in the Unemployment Trust
Fund.
Departmental Management
salaries and expenses
For necessary expenses for Departmental Management, including the
hire of three sedans, and including up to $4,421,000 for the
President's Committee on Employment of People With Disabilities,
$152,253,000; together with not to exceed $282,000, which may be
expended from the Employment Security Administration account in the
Unemployment Trust Fund: Provided, That no funds made available by this
Act may be used by the Solicitor of Labor to participate in a review in
any United States court of appeals of any decision made by the Benefits
Review Board under section 21 of the Longshore and Harbor Workers'
Compensation Act (33 U.S.C. 921) where such participation is precluded
by the decision of the United States Supreme Court in Director, Office
of Workers' Compensation Programs v. Newport News Shipbuilding, 115 S.
Ct. 1278 (1995): Provided further, That no funds made available by this
Act may be used by the Secretary of Labor to review a decision under
the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 901 et
seq.) that has been appealed and that has been pending before the
Benefits Review Board for more than 12 months: Provided further, That
any such decision pending a review by the Benefits Review Board for
more than one year shall be considered affirmed by the Benefits Review
Board on that date, and shall be considered the final order of the
Board for purposes of obtaining a review in the United States courts of
appeals: Provided further, That these provisions shall not be
applicable to the review of any decision issued under the Black Lung
Benefits Act (30 U.S.C. 901 et seq.).
working capital fund
The paragraph under this heading in Public Law 85-67 (29 U.S.C.
563) is amended by striking the last period and inserting after
``appropriation action'' the following: ``: Provided further, That the
Secretary of Labor may transfer annually an amount not to exceed
$3,000,000 from unobligated balances in the Department's salaries and
expenses accounts, to the unobligated balance of the Working Capital
Fund, to be merged with such Fund and used for the acquisition of
capital equipment and the improvement of financial management,
information technology and other support systems, and to remain
available until expended: Provided further, That the unobligated
balance of the Fund shall not exceed $20,000,000.''.
assistant secretary for veterans employment and training
Not to exceed $181,955,000 may be derived from the Employment
Security Administration account in the Unemployment Trust Fund to carry
out the provisions of 38 U.S.C. 4100-4110A and 4321-4327, and Public
Law 103-353, and which shall be available for obligation by the States
through December 31, 1998.
office of inspector general
For salaries and expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $42,605,000, together with not to exceed $3,645,000, which may
be expended from the Employment Security Administration account in the
Unemployment Trust Fund.
GENERAL PROVISIONS
Sec. 101. None of the funds appropriated in this title for the Job
Corps shall be used to pay the compensation of an individual, either as
direct costs or any proration as an indirect cost, at a rate in excess
of $125,000.
(transfer of funds)
Sec. 102. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act, as
amended) which are appropriated for the current fiscal year for the
Department of Labor in this Act may be transferred between
appropriations, but no such appropriation shall be increased by more
than 3 percent by any such transfer: Provided, That the Appropriations
Committees of both Houses of Congress are notified at least fifteen
days in advance of any transfer.
Sec. 103. Funds shall be available for carrying out title IV-B of
the Job Training Partnership Act, notwithstanding section 427(c) of
that Act, if a Job Corps center fails to meet national performance
standards established by the Secretary.
Sec. 104. None of the funds made available in this Act may be used
by the Occupational Safety and Health Administration to promulgate or
issue any proposed or final standard regarding ergonomic protection
before September 30, 1998: Provided, That nothing in this section shall
be construed to limit the Occupational Safety and Health Administration
from issuing voluntary guidelines on ergonomic protection or from
developing a proposed standard regarding ergonomic protection: Provided
further, That no funds made available in this Act may be used by the
Occupational Safety and Health Administration to enforce voluntary
ergonomics guidelines through section 5 (the general duty clause) of
the Occupational Safety and Health Act of 1970 (29 U.S.C. 654).
Sec. 105. Section 13(b)(12) of the Fair Labor Standards Act of 1938
(29 U.S.C. 213(b)(12)) is amended by striking ``water for agricultural
purposes'' and inserting in lieu thereof ``water, at least 90 percent
of which was ultimately delivered for agricultural purposes during the
preceding calendar year''.
This title may be cited as the ``Department of Labor Appropriations
Act, 1998''.
TITLE II--DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
health resources and services
For carrying out titles II, III, VII, VIII, X, XII, XIX, and XXVI
of the Public Health Service Act, section 427(a) of the Federal Coal
Mine Health and Safety Act, title V of the Social Security Act, the
Health Care Quality Improvement Act of 1986, as amended, and the Native
Hawaiian Health Care Act of 1988, as amended, $3,618,137,000, of which
$225,000 shall remain available until expended for interest subsidies
on loan guarantees made prior to fiscal year 1981 under part B of title
VII of the Public Health Service Act and of which $28,000,000 shall be
available for the construction and renovation of health care and other
facilities: Provided, That the Division of Federal Occupational Health
may utilize personal services contracting to employ professional
management/administrative and occupational health professionals:
Provided further, That of the funds made available under this heading,
$2,500,000 shall be available until expended for facilities renovations
at the Gillis W. Long Hansen's Disease Center: Provided further, That
in addition to fees authorized by section 427(b) of the Health Care
Quality Improvement Act of 1986, fees shall be collected for the full
disclosure of information under the Act sufficient to recover the full
costs of operating the National Practitioner Data Bank, and shall
remain available until expended to carry out that Act: Provided
further, That no more than $5,000,000 is available for carrying out the
provisions of Public Law 104-73: Provided further, That of the funds
made available under this heading, $203,452,000 shall be for the
program under title X of the Public Health Service Act to provide for
voluntary family planning projects: Provided further, That amounts
provided to said projects under such title shall not be expended for
abortions, that all pregnancy counseling shall be nondirective, and
that such amounts shall not be expended for any activity (including the
publication or distribution of literature) that in any way tends to
promote public support or opposition to any legislative proposal or
candidate for public office: Provided further, That $285,500,000 shall
be for State AIDS Drug Assistance Programs authorized by section 2616
of the Public Health Service Act: Provided further, That
notwithstanding any other provision of law, funds made available under
this heading may be used to continue operating the Council on Graduate
Medical Education established by section 301 of Public Law 102-408:
Provided further, That, of the funds made available under this heading,
not more than $6,000,000 shall be made available and shall remain
available until expended for loan guarantees for loans funded under
part A of title XVI of the Public Health Service Act as amended, made
by non-Federal lenders for the construction, renovation, and
modernization of medical facilities that are owned and operated by
health centers, and for loans made to health centers under section
330(d) of the Public Health Service Act as amended by Public Law 104-
299, and that such funds be available to subsidize guarantees of total
loan principal in an amount not to exceed $80,000,000: Provided
further, That notwithstanding section 502(a)(1) of the Social Security
Act, not to exceed $103,863,000 is available for carrying out special
projects of regional and national significance pursuant to section
501(a)(2) of such Act.
medical facilities guarantee and loan fund
federal interest subsidies for medical facilities
For carrying out subsections (d) and (e) of section 1602 of the
Public Health Service Act, $6,000,000, together with any amounts
received by the Secretary in connection with loans and loan guarantees
under title VI of the Public Health Service Act, to be available
without fiscal year limitation for the payment of interest subsidies.
During the fiscal year, no commitments for direct loans or loan
guarantees shall be made.
health education assistance loans program
(including transfer of funds)
For the cost of guaranteed loans, such sums as may be necessary to
carry out the purpose of the program, as authorized by title VII of the
Public Health Service Act, as amended: Provided, That such costs,
including the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974: Provided further,
That these funds are available to subsidize gross obligations for the
total loan principal any part of which is to be guaranteed at not to
exceed $85,000,000: Provided further, That the Secretary may use up to
$1,000,000 derived by transfer from insurance premiums collected from
guaranteed loans made under title VII of the Public Health Service Act
for the purpose of carrying out section 709 of that Act. In addition,
for administrative expenses to carry out the guaranteed loan program,
$2,688,000.
vaccine injury compensation program trust fund
For payments from the Vaccine Injury Compensation Program Trust
Fund, such sums as may be necessary for claims associated with vaccine-
related injury or death with respect to vaccines administered after
September 30, 1988, pursuant to subtitle 2 of title XXI of the Public
Health Service Act, to remain available until expended: Provided, That
for necessary administrative expenses, not to exceed $3,000,000 shall
be available from the Trust Fund to the Secretary of Health and Human
Services.
Centers for Disease Control and Prevention
disease control, research, and training
To carry out titles II, III, VII, XI, XV, XVII, and XIX of the
Public Health Service Act, sections 101, 102, 103, 201, 202, 203, 301,
and 501 of the Federal Mine Safety and Health Act of 1977, and sections
20, 21 and 22 of the Occupational Safety and Health Act of 1970, title
IV of the Immigration and Nationality Act and section 501 of the
Refugee Education Assistance Act of 1980; including insurance of
official motor vehicles in foreign countries; and hire, maintenance,
and operation of aircraft, $2,327,552,000, of which $21,504,000 shall
remain available until expended for equipment and construction and
renovation of facilities, and in addition, such sums as may be derived
from authorized user fees, which shall be credited to this account:
Provided, That in addition to amounts provided herein, up to
$59,232,000 shall be available from amounts available under section 241
of the Public Health Service Act, to carry out the National Center for
Health Statistics surveys: Provided further, That none of the funds
made available for injury prevention and control at the Centers for
Disease Control and Prevention may be used to advocate or promote gun
control: Provided further, That the Director may redirect the total
amount made available under authority of Public Law 101-502, section 3,
dated November 3, 1990, to activities the Director may so designate:
Provided further, That the Congress is to be notified promptly of any
such transfer.
In addition, $51,000,000, to be derived from the Violent Crime
Reduction Trust Fund, for carrying out sections 40151 and 40261 of
Public Law 103-322.
National Institutes of Health
national cancer institute
For carrying out section 301 and title IV of the Public Health
Service Act with respect to cancer, $2,547,314,000.
national heart, lung, and blood institute
For carrying out section 301 and title IV of the Public Health
Service Act with respect to cardiovascular, lung, and blood diseases,
and blood and blood products, $1,531,061,000.
national institute of dental research
For carrying out section 301 and title IV of the Public Health
Service Act with respect to dental disease, $209,415,000.
national institute of diabetes and digestive and kidney diseases
For carrying out section 301 and title IV of the Public Health
Service Act with respect to diabetes and digestive and kidney disease,
$873,860,000.
national institute of neurological disorders and stroke
For carrying out section 301 and title IV of the Public Health
Service Act with respect to neurological disorders and stroke,
$780,713,000.
national institute of allergy and infectious diseases
For carrying out section 301 and title IV of the Public Health
Service Act with respect to allergy and infectious diseases,
$1,351,655,000.
national institute of general medical sciences
For carrying out section 301 and title IV of the Public Health
Service Act with respect to general medical sciences, $1,065,947,000.
national institute of child health and human development
For carrying out section 301 and title IV of the Public Health
Service Act with respect to child health and human development,
$674,766,000.
national eye institute
For carrying out section 301 and title IV of the Public Health
Service Act with respect to eye diseases and visual disorders,
$355,691,000.
national institute of environmental health sciences
For carrying out sections 301 and 311 and title IV of the Public
Health Service Act with respect to environmental health sciences,
$330,108,000.
national institute on aging
For carrying out section 301 and title IV of the Public Health
Service Act with respect to aging, $519,279,000.
national institute of arthritis and musculoskeletal and skin diseases
For carrying out section 301 and title IV of the Public Health
Service Act with respect to arthritis and musculoskeletal and skin
diseases, $274,760,000.
national institute on deafness and other communication disorders
For carrying out section 301 and title IV of the Public Health
Service Act with respect to deafness and other communication disorders,
$200,695,000.
national institute of nursing research
For carrying out section 301 and title IV of the Public Health
Service Act with respect to nursing research, $63,597,000.
national institute 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, $227,175,000.
national institute on drug abuse
For carrying out section 301 and title IV of the Public Health
Service Act with respect to drug abuse, $527,175,000.
national institute of mental health
For carrying out section 301 and title IV of the Public Health
Service Act with respect to mental health, $750,241,000.
national human genome research institute
For carrying out section 301 and title IV of the Public Health
Service Act with respect to human genome research, $217,704,000.
national center for research resources
For carrying out section 301 and title IV of the Public Health
Service Act with respect to research resources and general research
support grants, $453,883,000: Provided, That none of these funds shall
be used to pay recipients of the general research support grants
program any amount for indirect expenses in connection with such
grants: Provided further, That $20,000,000 shall be for extramural
facilities construction grants.
john e. fogarty international center
For carrying out the activities at the John E. Fogarty
International Center, $28,289,000.
national library of medicine
For carrying out section 301 and title IV of the Public Health
Service Act with respect to health information communications,
$161,185,000, of which $4,000,000 shall be available until expended for
improvement of information systems: Provided, That in fiscal year 1998,
the Library may enter into personal services contracts for the
provision of services in facilities owned, operated, or constructed
under the jurisdiction of the National Institutes of Health.
office of the director
(including transfer of funds)
For carrying out the responsibilities of the Office of the
Director, National Institutes of Health, $296,373,000, of which
$40,536,000 shall be for the Office of AIDS Research: Provided, That
funding shall be available for the purchase of not to exceed five
passenger motor vehicles for replacement only: Provided further, That
the Director may direct up to 1 percent of the total amount made
available in this or any other Act to all National Institutes of Health
appropriations to activities the Director may so designate: Provided
further, That no such appropriation shall be decreased by more than 1
percent by any such transfers and that the Congress is promptly
notified of the transfer: Provided further, That NIH is authorized to
collect third party payments for the cost of clinical services that are
incurred in National Institutes of Health research facilities and that
such payments shall be credited to the National Institutes of Health
Management Fund: Provided further, That all funds credited to the NIH
Management Fund shall remain available for one fiscal year after the
fiscal year in which they are deposited: Provided further, That up to
$500,000 shall be available to carry out section 499 of the Public
Health Service Act: Provided further, That, notwithstanding section
499(k)(10) of the Public Health Service Act, funds from the National
Foundation for Biomedical Research may be transferred to the National
Institutes of Health: Provided further, That $20,000,000 shall be
available to carry out section 404E of the Public Health Service Act:
Provided further, That of the funds available to carry out section 404E
of the Public Health Service Act, not less than $7,000,000 shall be for
peer reviewed complementary and alternative medicine research grants
and contracts that respond to program announcements and requests for
proposals issued by the Office of Alternative Medicine.
buildings and facilities
For the study of, construction of, and acquisition of equipment
for, facilities of or used by the National Institutes of Health,
including the acquisition of real property, $206,957,000, to remain
available until expended, of which $90,000,000 shall be for the
clinical research center and $16,957,000 for the Vaccine Facility:
Provided, That notwithstanding any other provision of law, a single
contract or related contracts for the development and construction of
the clinical research center may be employed which collectively include
the full scope of the project: Provided further, That the solicitation
and contract shall contain the clause ``availability of funds'' found
at 48 CFR 52.232-18: Provided further, That notwithstanding any other
provision of law, a single contract or related contracts for the
development and construction of the Vaccine Facility may be employed
which collectively include the full scope of the project: Provided
further, That the solicitation and contract shall contain the clause
``availability of funds'' found in 48 CFR 52.232-18.
Substance Abuse and Mental Health Services Administration
substance abuse and mental health services
For carrying out titles V and XIX of the Public Health Service Act
with respect to substance abuse and mental health services, the
Protection and Advocacy for Mentally Ill Individuals Act of 1986, and
section 301 of the Public Health Service Act with respect to program
management, $2,146,743,000, of which $10,000,000 shall be for grants to
rural and Native American projects: Provided, That notwithstanding any
other provision of law, each State's allotment for fiscal year 1998 for
each of the programs under subparts I and II of part B of title XIX of
the Public Health Service Act shall be equal to such State's allotment
for such programs for fiscal year 1997.
retirement pay and medical benefits for commissioned officers
For retirement pay and medical benefits of Public Health Service
Commissioned Officers as authorized by law, and for payments under the
Retired Serviceman's Family Protection Plan and Survivor Benefit Plan
and for medical care of dependents and retired personnel under the
Dependents' Medical Care Act (10 U.S.C. ch. 55), and for payments
pursuant to section 229(b) of the Social Security Act (42 U.S.C.
429(b)), such amounts as may be required during the current fiscal
year.
Agency for Health Care Policy and Research
health care policy and research
For carrying out titles III and IX of the Public Health Service
Act, and part A of title XI of the Social Security Act, $90,229,000; in
addition, amounts received from Freedom of Information Act fees,
reimbursable and interagency agreements, and the sale of data tapes
shall be credited to this appropriation and shall remain available
until expended: Provided, That the amount made available pursuant to
section 926(b) of the Public Health Service Act shall not exceed
$56,206,000.
Health Care Financing Administration
grants to states for medicaid
For carrying out, except as otherwise provided, titles XI and XIX
of the Social Security Act, $71,602,429,000, to remain available until
expended.
For making, after May 31, 1998, payments to States under title XIX
of the Social Security Act for the last quarter of fiscal year 1998 for
unanticipated costs, incurred for the current fiscal year, such sums as
may be necessary.
For making payments to States under title XIX of the Social
Security Act for the first quarter of fiscal year 1999,
$27,800,689,000, to remain available until expended.
Payment under title XIX may be made for any quarter with respect to
a State plan or plan amendment in effect during such quarter, if
submitted in or prior to such quarter and approved in that or any
subsequent quarter.
payments to health care trust funds
For payment to the Federal Hospital Insurance and the Federal
Supplementary Medical Insurance Trust Funds, as provided under sections
217(g) and 1844 of the Social Security Act, sections 103(c) and 111(d)
of the Social Security Amendments of 1965, section 278(d) of Public Law
97-248, and for administrative expenses incurred pursuant to section
201(g) of the Social Security Act, $60,904,000,000.
Program Management
For carrying out, except as otherwise provided, titles XI, XVIII,
XIX and XXI of the Social Security Act, titles XIII and XXVII of the
Public Health Service Act, and the Clinical Laboratory Improvement
Amendments of 1988, not to exceed $1,743,066,000 to be transferred from
the Federal Hospital Insurance and the Federal Supplementary Medical
Insurance Trust Funds, as authorized by section 201(g) of the Social
Security Act; together with all funds collected in accordance with
section 353 of the Public Health Service Act and such sums as may be
collected from authorized user fees and the sale of data, which shall
remain available until expended, and together with administrative fees
collected relative to Medicare overpayment recovery activities, which
shall remain available until expended: Provided, That all funds derived
in accordance with 31 U.S.C. 9701 from organizations established under
title XIII of the Public Health Service Act shall be credited to and
available for carrying out the purposes of this appropriation: Provided
further, That $900,000 shall be for carrying out section 4021 of Public
Law 105-33: Provided further, That in carrying out its legislative
mandate, the National Bipartisan Commission on the Future of Medicare
shall examine the impact of increased investments in health research on
future Medicare costs, and the potential for coordinating Medicare with
cost-effective long-term care services: Provided further, That
$40,000,000 appropriated under this heading for the transition to a
single Part A and Part B processing system shall remain available until
expended: Provided further, That funds appropriated under this heading
may be obligated to increase Medicare provider audits and implement the
Department's corrective action plan to the Chief Financial Officer's
audit of the Health Care Financing Administration's oversight of
Medicare: Provided further, That the Secretary of Health and Human
Services is directed to collect, in aggregate, $95,000,000 in fees in
fiscal year 1998 from Medicare+Choice organizations pursuant to section
1857(e)(2) of the Social Security Act and from eligible organizations
with risk-sharing contracts under section 1876 of that Act pursuant to
section 1876(k)(4)(D) of that Act.
health maintenance organization loan and loan guarantee fund
For carrying out subsections (d) and (e) of section 1308 of the
Public Health Service Act, any amounts received by the Secretary in
connection with loans and loan guarantees under title XIII of the
Public Health Service Act, to be available without fiscal year
limitation for the payment of outstanding obligations. During fiscal
year 1998, no commitments for direct loans or loan guarantees shall be
made.
Administration for Children and Families
family support payments to states
For making payments to each State for carrying out the program of
Aid to Families with Dependent Children under title IV-A of the Social
Security Act before the effective date of the program of Temporary
Assistance to Needy Families (TANF) with respect to such State, such
sums as may be necessary: Provided, That the sum of the amounts
available to a State with respect to expenditures under such title IV-A
in fiscal year 1997 under this appropriation and under such title IV-A
as amended by the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 shall not exceed the limitations under
section 116(b) of such Act: Provided further, That, notwithstanding
section 418(a) of the Social Security Act, for fiscal year 1997 only,
the amount of payment under section 418(a)(1) to which each State is
entitled shall equal the amount specified as mandatory funds with
respect to such State for such fiscal year in the table transmitted by
the Administration for Children and Families to State Child Care and
Development Block Grant Lead Agencies on August 27, 1996, and the
amount of State expenditures in fiscal year 1994 or 1995 (whichever is
greater) that equals the non-Federal share for the programs described
in section 418(a)(1)(A) shall be deemed to equal the amount specified
as maintenance of effort with respect to such State for fiscal year
1997 in such table.
For making, after May 31 of the current fiscal year, payments to
States or other non-Federal entities under titles I, IV-D, X, XI, XIV,
and XVI of the Social Security Act and the Act of July 5, 1960 (24
U.S.C. ch. 9), for the last three months of the current year for
unanticipated costs, incurred for the current fiscal year, such sums as
may be necessary.
For making payments to States or other non-Federal entities under
titles I, IV-D, X, XI, XIV, and XVI of the Social Security Act and the
Act of July 5, 1960 (24 U.S.C. ch. 9), for the first quarter of fiscal
year 1999, $660,000,000, to remain available until expended.
low income home energy assistance
For making payments under title XXVI of the Omnibus Budget
Reconciliation Act of 1981, $1,100,000,000, to be available for
obligation in the period October 1, 1998 through September 30, 1999.
For making payments under title XXVI of such Act, $300,000,000:
Provided, That these funds are hereby designated by Congress to be
emergency requirements pursuant to section 251(b)(2)(D) of the Balanced
Budget and Emergency Deficit Control Act of 1985: Provided further,
That these funds shall be made available only after submission to
Congress of a formal budget request by the President that includes
designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act.
refugee and entrant assistance
For making payments for refugee and entrant assistance activities
authorized by title IV of the Immigration and Nationality Act and
section 501 of the Refugee Education Assistance Act of 1980 (Public Law
96-422), $415,000,000: Provided, That funds appropriated pursuant to
section 414(a) of the Immigration and Nationality Act under Public Law
104-134 for fiscal year 1996 shall be available for the costs of
assistance provided and other activities conducted in such year and in
fiscal years 1997 and 1998.
child care and development block grant
(including transfer of funds)
For carrying out sections 658A through 658R of the Omnibus Budget
Reconciliation Act of 1981 (The Child Care and Development Block Grant
Act of 1990), in addition to amounts already appropriated for fiscal
year 1998, $65,672,000; and to become available on October 1, 1998 and
remain available through September 30, 1999, $1,000,000,000: Provided,
That of funds appropriated for each of fiscal years 1998 and 1999,
$19,120,000 shall be available for child care resource and referral and
school-aged child care activities, of which for fiscal year 1998
$3,000,000 shall be derived from an amount that shall be transferred
from the amount appropriated under section 452(j) of the Social
Security Act (42 U.S.C. 652(j)) for fiscal year 1997 and remaining
available for expenditure: Provided further, That of the funds provided
for fiscal year 1998, $50,000,000 shall be reserved by the States for
activities authorized under section 658G of the Omnibus Budget
Reconciliation Act of 1981 (The Child Care and Development Block Grant
Act of 1990), such funds to be in addition to the amounts required to
be reserved by States under such section 658G.
social services block grant
For making grants to States pursuant to section 2002 of the Social
Security Act, $2,299,000,000: Provided, That notwithstanding section
2003(c) of such Act, as amended, the amount specified for allocation
under such section for fiscal year 1998 shall be $2,299,000,000.
children and families services programs
(including rescissions)
For carrying out, except as otherwise provided, the Runaway and
Homeless Youth Act, the Developmental Disabilities Assistance and Bill
of Rights Act, the Head Start Act, the Child Abuse Prevention and
Treatment Act (including section 105(a)(2) of the Child Abuse
Prevention and Treatment Act), the Family Violence Prevention and
Services Act, the Native American Programs Act of 1974, title II of
Public Law 95-266 (adoption opportunities), the Abandoned Infants
Assistance Act of 1988, part B(1) of title IV and sections 413, 429A
and 1110 of the Social Security Act; for making payments under the
Community Services Block Grant Act; and for necessary administrative
expenses to carry out said Acts and titles I, IV, X, XI, XIV, XVI, and
XX of the Social Security Act, the Act of July 5, 1960 (24 U.S.C. ch.
9), the Omnibus Budget Reconciliation Act of 1981, title IV of the
Immigration and Nationality Act, section 501 of the Refugee Education
Assistance Act of 1980, and section 126 and titles IV and V of Public
Law 100-485, $5,682,916,000, of which $542,165,000 shall be for making
payments under the Community Services Block Grant Act, and of which
$4,355,000,000 shall be for making payments under the Head Start Act:
Provided, That of the funds made available for the Head Start Act,
$279,250,000 shall be set aside for the Head Start Program for Families
with Infants and Toddlers (Early Head Start): Provided further, That to
the extent Community Services Block Grant funds are distributed as
grant funds by a State to an eligible entity as provided under the Act,
and have not been expended by such entity, they shall remain with such
entity for carryover into the next fiscal year for expenditure by such
entity consistent with program purposes.
In addition, $93,000,000, to be derived from the Violent Crime
Reduction Trust Fund, for carrying out sections 40155, 40211 and 40241
of Public Law 103-322.
Funds appropriated for fiscal year 1998 under section 429A(e), part
B of title IV of the Social Security Act shall be reduced by
$6,000,000.
Funds appropriated for fiscal year 1998 under section 413(h)(1) of
the Social Security Act shall be reduced by $15,000,000.
family preservation and support
For carrying out section 430 of the Social Security Act,
$255,000,000.
payments to states for foster care and adoption assistance
For making payments to States or other non-Federal entities, under
title IV-E of the Social Security Act, $3,200,000,000.
For making payments to States or other non-Federal entities, under
title IV-E of the Social Security Act, for the first quarter of fiscal
year 1999, $1,157,500,000.
Administration on Aging
aging services programs
For carrying out, to the extent not otherwise provided, the Older
Americans Act of 1965, as amended, $865,050,000: Provided, That
notwithstanding section 308(b)(1) of such Act, the amounts available to
each State for administration of the State plan under title III of such
Act shall be reduced not more than 5 percent below the amount that was
available to such State for such purpose for fiscal year 1995: Provided
further, That of the funds appropriated to carry out section 303(a)(1)
of such Act, $4,449,000 shall be available for carrying out section
702(a) of such Act and $4,732,000 shall be available for carrying out
section 702(b) of such Act: Provided further, That in considering grant
applications for nutrition services for elder Indian recipients, the
Assistant Secretary shall provide maximum flexibility to applicants who
seek to take into account subsistence, local customs, and other
characteristics that are appropriate to the unique cultural, regional,
and geographic needs of the American Indian, Alaska and Hawaiian Native
communities to be served.
Office of the Secretary
general departmental management
For necessary expenses, not otherwise provided, for general
departmental management, including hire of six sedans, and for carrying
out titles III, XVII, and XX of the Public Health Service Act, and the
United States-Mexico Border Health Commission Act, $171,631,000, of
which $500,000 shall remain available until expended, together with
$5,851,000, to be transferred and expended as authorized by section
201(g)(1) of the Social Security Act from the Hospital Insurance Trust
Fund and the Supplemental Medical Insurance Trust Fund: Provided, That
of the funds made available under this heading for carrying out title
XVII of the Public Health Service Act, $1,500,000 shall be available
until expended for extramural construction.
office of inspector general
For expenses necessary for the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $31,921,000.
office for civil rights
For expenses necessary for the Office for Civil Rights,
$16,345,000, together with not to exceed $3,314,000, to be transferred
and expended as authorized by section 201(g)(1) of the Social Security
Act from the Hospital Insurance Trust Fund and the Supplemental Medical
Insurance Trust Fund.
policy research
For carrying out, to the extent not otherwise provided, research
studies under section 1110 of the Social Security Act, $14,000,000.
GENERAL PROVISIONS
Sec. 201. Funds appropriated in this title shall be available for
not to exceed $37,000 for official reception and representation
expenses when specifically approved by the Secretary.
Sec. 202. The Secretary shall make available through assignment not
more than 60 employees of the Public Health Service to assist in child
survival activities and to work in AIDS programs through and with funds
provided by the Agency for International Development, the United
Nations International Children's Emergency Fund or the World Health
Organization.
Sec. 203. None of the funds appropriated under this Act may be used
to implement section 399L(b) of the Public Health Service Act or
section 1503 of the National Institutes of Health Revitalization Act of
1993, Public Law 103-43.
Sec. 204. None of the funds appropriated in this Act for the
National Institutes of Health and the Substance Abuse and Mental Health
Services Administration shall be used to pay the salary of an
individual, through a grant or other extramural mechanism, at a rate in
excess of $125,000 per year.
Sec. 205. None of the funds appropriated in this Act may be
expended pursuant to section 241 of the Public Health Service Act,
except for funds specifically provided for in this Act, or for other
taps and assessments made by any office located in the Department of
Health and Human Services, prior to the Secretary's preparation and
submission of a report to the Committee on Appropriations of the Senate
and of the House detailing the planned uses of such funds.
Sec. 206. None of the funds appropriated in this Act may be
obligated or expended for the Federal Council on Aging under the Older
Americans Act or the Advisory Board on Child Abuse and Neglect under
the Child Abuse Prevention and Treatment Act.
(transfer of funds)
Sec. 207. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act, as
amended) which are appropriated for the current fiscal year for the
Department of Health and Human Services in this Act may be transferred
between appropriations, but no such appropriation shall be increased by
more than 3 percent by any such transfer: Provided, That the
Appropriations Committees of both Houses of Congress are notified at
least fifteen days in advance of any transfer.
Sec. 208. The Director of the National Institutes of Health,
jointly with the Director of the Office of AIDS Research, may transfer
up to 3 percent among institutes, centers, and divisions from the total
amounts identified by these two Directors as funding for research
pertaining to the human immunodeficiency virus: Provided, That the
Congress is promptly notified of the transfer.
Sec. 209. Of the amounts made available in this Act for the
National Institutes of Health, the amount for research related to the
human immunodeficiency virus, as jointly determined by the Director of
NIH and the Director of the Office of AIDS Research, shall be made
available to the ``Office of AIDS Research'' account. The Director of
the Office of AIDS Research shall transfer from such account amounts
necessary to carry out section 2353(d)(3) of the Public Health Service
Act.
Sec. 210. Funds appropriated in this Act for the National
Institutes of Health may be used to provide transit subsidies in
amounts consistent with the transportation subsidy programs authorized
under section 629 of Public Law 101-509 to non-FTE bearing positions
including trainees, visiting fellows and volunteers.
Sec. 211. (a) The Secretary of Health and Human Services may in
accordance with this section provide for the relocation of the Federal
facility known as the Gillis W. Long Hansen's Disease Center (located
in the vicinity of Carville, in the State of Louisiana), including the
relocation of the patients of the Center.
(b)(1) Subject to paragraph (2), in relocating the Center the
Secretary may on behalf of the United States transfer to the State of
Louisiana, without charge, title to the real property and improvements
that as of the date of the enactment of this Act constitute the Center.
Such real property is a parcel consisting of approximately 330 acres.
The exact acreage and legal description used for purposes of the
transfer shall be in accordance with a survey satisfactory to the
Secretary.
(2) Any conveyance under paragraph (1) is not effective unless the
deed or other instrument of conveyance contains the conditions
specified in subsection (d); the instrument specifies that the United
States and the State of Louisiana agree to such conditions; and the
instrument specifies that, if the State engages in a material breach of
the conditions, title to the real property and improvements involved
reverts to the United States at the election of the Secretary.
(c)(1) With respect to Federal equipment and other items of Federal
personal property that are in use at the Center as of the date of the
enactment of this Act, the Secretary may, subject to paragraph (2),
transfer to the State such items as the Secretary determines to be
appropriate, if the Secretary makes the transfer under subsection (b).
(2) A transfer of equipment or other items may be made under
paragraph (1) only if the State agrees that, during the 30-year period
beginning on the date on which the transfer under subsection (b) is
made, the items will be used exclusively for purposes that promote the
health or education of the public, except that the Secretary may
authorize such exceptions as the Secretary determines to be
appropriate.
(d) For purposes of subsection (b)(2), the conditions specified in
this subsection with respect to a transfer of title are the following:
(1) During the 30-year period beginning on the date on which
the transfer is made, the real property and improvements referred
to in subsection (b)(1) (referred to in this subsection as the
``transferred property'') will be used exclusively for purposes
that promote the health or education of the public, with such
incidental exceptions as the Secretary may approve.
(2) For purposes of monitoring the extent to which the
transferred property is being used in accordance with paragraph
(1), the Secretary will have access to such documents as the
Secretary determines to be necessary, and the Secretary may require
the advance approval of the Secretary for such contracts,
conveyances of real or personal property, or other transactions as
the Secretary determines to be necessary.
(3) The relocation of patients from the transferred property
will be completed not later than 3 years after the date on which
the transfer is made, except to the extent the Secretary determines
that relocating particular patients is not feasible. During the
period of relocation, the Secretary will have unrestricted access
to the transferred property, and after such period will have such
access as may be necessary with respect to the patients who
pursuant to the preceding sentence are not relocated.
(4)(A) With respect to projects to make repairs and energy-
related improvements at the transferred property, the Secretary
will provide for the completion of all such projects for which
contracts have been awarded and appropriations have been made as of
the date on which the transfer is made.
(B) If upon completion of the projects referred to in
subparagraph (A) there are any unobligated balances of amounts
appropriated for the projects, and the sum of such balances is in
excess of $100,000--
(i) the Secretary will transfer the amount of such excess
to the State; and
(ii) the State will expend such amount for the purposes
referred to in paragraph (1), which may include the renovation
of facilities at the transferred property.
(5)(A) The State will maintain the cemetery located on the
transferred property, will permit individuals who were long-term-
care patients of the Center to be buried at the cemetery, and will
permit members of the public to visit the cemetery.
(B) The State will permit the Center to maintain a museum on
the transferred property, and will permit members of the public to
visit the museum.
(C) In the case of any waste products stored at the transferred
property as of the date of the transfer, the Federal Government
will after the transfer retain title to and responsibility for the
products, and the State will not require that the Federal
Government remove the products from the transferred property.
(6) In the case of each individual who as of the date of the
enactment of this Act is a Federal employee at the transferred
property with facilities management or dietary duties:
(A) The State will offer the individual an employment
position with the State, the position with the State will have
duties similar to the duties the individual performed in his or
her most recent position at the transferred property, and the
position with the State will provide compensation and benefits
that are similar to the compensation and benefits provided for
such most recent position, subject to the concurrence of the
Governor of the State.
(B) If the individual becomes an employee of the State
pursuant to subparagraph (A), the State will make payments in
accordance with subsection (e)(2)(B) (relating to disability),
as applicable with respect to the individual.
(7) The Federal Government may, consistent with the intended
uses by the State of the transferred property, carry out at such
property activities regarding at-risk youth.
(8) Such additional conditions as the Secretary determines to
be necessary to protect the interests of the United States.
(e)(1) This subsection applies if the transfer under subsection (b)
is made.
(2) In the case of each individual who as of the date of the
enactment of this Act is a Federal employee at the Center with
facilities management or dietary duties, and who becomes an employee of
the State pursuant to subsection (d)(6)(A):
(A) The provisions of subchapter III of chapter 83 of title 5,
United States Code, or of chapter 84 of such title, whichever are
applicable, that relate to disability shall be considered to remain
in effect with respect to the individual (subject to subparagraph
(C)) until the earlier of--
(i) the expiration of the 2-year period beginning on the
date on which the transfer under subsection (b) is made; or
(ii) the date on which the individual first meets all
conditions for coverage under a State program for payments
during retirement by reason of disability.
(B) The payments to be made by the State pursuant to subsection
(d)(6)(B) with respect to the individual are payments to the Civil
Service Retirement and Disability Fund, if the individual is
receiving Federal disability coverage pursuant to subparagraph (A).
Such payments are to be made in a total amount equal to that
portion of the normal-cost percentage (determined through the use
of dynamic assumptions) of the basic pay of the individual that is
allocable to such coverage and is paid for service performed during
the period for which such coverage is in effect. Such amount is to
be determined in accordance with chapter 84 of such title 5, is to
be paid at such time and in such manner as mutually agreed by the
State and the Office of Personnel Management, and is in lieu of
individual or agency contributions otherwise required.
(C) In the determination pursuant to subparagraph (A) of
whether the individual is eligible for Federal disability coverage
(during the applicable period of time under such subparagraph),
service as an employee of the State after the date of the transfer
under subsection (b) shall be counted toward the service
requirement specified in the first sentence of section 8337(a) or
8451(a)(1)(A) of such title 5 (whichever is applicable).
(3) In the case of each individual who as of the date of the
enactment of this Act is a Federal employee with a position at the
Center and is, for duty at the Center, receiving the pay differential
under section 208(e) of the Public Health Service Act or under section
5545(d) of title 5, United States Code:
(A) If as of the date of the transfer under subsection (b) the
individual is eligible for an annuity under section 8336 or 8412 of
title 5, United States Code, then once the individual separates
from the service and thereby becomes entitled to receive the
annuity, the pay differential shall be included in the computation
of the annuity if the individual separated from the service not
later than the expiration of the 90-day period beginning on the
date of the transfer.
(B) If the individual is not eligible for such an annuity as of
the date of the transfer under subsection (b) but subsequently does
become eligible, then once the individual separates from the
service and thereby becomes entitled to receive the annuity, the
pay differential shall be included in the computation of the
annuity if the individual separated from the service not later than
the expiration of the 90-day period beginning on the date on which
the individual first became eligible for the annuity.
(C) For purposes of this paragraph, the individual is eligible
for the annuity if the individual meets all conditions under such
section 8336 or 8412 to be entitled to the annuity, except the
condition that the individual be separated from the service.
(4) With respect to individuals who as of the date of the enactment
of this Act are Federal employees with positions at the Center and are
not, for duty at the center, receiving the pay differential under
section 208(e) of the Public Health Service Act or under section
5545(d) of title 5, United States Code:
(A) During the calendar years 1997 and 1998, the Secretary may
in accordance with this paragraph provide to any such individual a
voluntary separation incentive payment. The purpose of such
payments is to avoid or minimize the need for involuntary
separations under a reduction in force with respect to the Center.
(B) During calendar year 1997, any payment under subparagraph
(A) shall be made under section 663 of the Treasury, Postal
Service, and General Government Appropriations Act, 1997 (as
contained in section 101(f) of division A of Public Law 104-208),
except that, for purposes of this subparagraph, subsection (b) of
such section 663 does not apply.
(C) During calendar year 1998, such section 663 applies with
respect to payments under subparagraph (A) to the same extent and
in the same manner as such section applied with respect to the
payments during fiscal year 1997, and for purposes of this
subparagraph, the reference in subsection (c)(2)(D) of such section
663 to December 31, 1997, is deemed to be a reference to December
31, 1998.
(f) The following provisions apply if under subsection (a) the
Secretary makes the decision to relocate the Center:
(1) The site to which the Center is relocated shall be in the
vicinity of Baton Rouge, in the State of Louisiana.
(2) The facility involved shall continue to be designated as
the Gillis W. Long Hansen's Disease Center.
(3) The Secretary shall make reasonable efforts to inform the
patients of the Center with respect to the planning and carrying
out of the relocation.
(4) In the case of each individual who as of October 1, 1996,
was a patient of the Center and is considered by the Director of
the Center to be a long-term-care patient (referred to in this
subsection as an ``eligible patient''), the Secretary shall
continue to provide for the long-term care of the eligible patient,
without charge, for the remainder of the life of the patient.
(5)(A) For purposes of paragraph (4), an eligible patient who
is legally competent has the following options with respect to
support and maintenance and other nonmedical expenses:
(i) For the remainder of his or her life, the patient may
reside at the Center.
(ii) For the remainder of his or her life, the patient may
receive payments each year at an annual rate of $33,000
(adjusted in accordance with subparagraphs (C) and (D)), and
may not reside at the Center. Payments under this clause are in
complete discharge of the obligation of the Federal Government
under paragraph (4) for support and maintenance and other
nonmedical expenses of the patient.
(B) The choice by an eligible patient of the option under
clause (i) of subparagraph (A) may at any time be revoked by the
patient, and the patient may instead choose the option under clause
(ii) of such subparagraph. The choice by an eligible patient of the
option under such clause (ii) is irrevocable.
(C) Payments under subparagraph (A)(ii) shall be made on a
monthly basis, and shall be pro rated as applicable. In 1999 and
each subsequent year, the monthly amount of such payments shall be
increased by a percentage equal to any percentage increase taking
effect under section 215(i) of the Social Security Act (relating to
a cost-of-living increase) for benefits under title II of such Act
(relating to Federal old-age, survivors, and disability insurance
benefits). Any such percentage increase in monthly payments under
subparagraph (A)(ii) shall take effect in the same month as the
percentage increase under such section 215(i) takes effect.
(D) With respect to the provision of outpatient and inpatient
medical care for Hansen's disease and related complications to an
eligible patient:
(i) The choice the patient makes under subparagraph (A)
does not affect the responsibility of the Secretary for
providing to the patient such care at or through the Center.
(ii) If the patient chooses the option under subparagraph
(A)(ii) and receives inpatient care at or through the Center,
the Secretary may reduce the amount of payments under such
subparagraph, except to the extent that reimbursement for the
expenses of such care is available to the provider of the care
through the program under title XVIII of the Social Security
Act or the program under title XIX of such Act. Any such
reduction shall be made on the basis of the number of days for
which the patient received the inpatient care.
(6) The Secretary shall provide to each eligible patient such
information and time as may be necessary for the patient to make an
informed decision regarding the options under paragraph (5)(A).
(7) After the date of the enactment of this Act, the Center may
not provide long-term care for any individual who as of such date
was not receiving such care as a patient of the Center.
(8) If upon completion of the projects referred to in
subsection (d)(4)(A) there are unobligated balances of amounts
appropriated for the projects, such balances are available to the
Secretary for expenses relating to the relocation of the Center,
except that, if the sum of such balances is in excess of $100,000,
such excess is available to the State in accordance with subsection
(d)(4)(B). The amounts available to the Secretary pursuant to the
preceding sentence are available until expended.
(g) For purposes of this section:
(1) The term ``Center'' means the Gillis W. Long Hansen's
Disease Center.
(2) The term ``Secretary'' means the Secretary of Health and
Human Services.
(3) The term ``State'' means the State of Louisiana.
(h) Section 320 of the Public Health Service Act (42 U.S.C. 247e)
is amended by striking the section designation and all that follows and
inserting the following:
``Sec. 320. (a)(1) At or through the Gillis W. Long Hansen's
Disease Center (located in the State of Louisiana), the Secretary shall
without charge provide short-term care and treatment, including
outpatient care, for Hansen's disease and related complications to any
person determined by the Secretary to be in need of such care and
treatment. The Secretary may not at or through such Center provide
long-term care for any such disease or complication.
``(2) The Center referred to in paragraph (1) shall conduct
training in the diagnosis and management of Hansen's disease and
related complications, and shall conduct and promote the coordination
of research (including clinical research), investigations,
demonstrations, and studies relating to the causes, diagnosis,
treatment, control, and prevention of Hansen's disease and other
mycobacterial diseases and complications related to such diseases.
``(3) Paragraph (1) is subject to section 211 of the Department of
Health and Human Services Appropriations Act, 1998.
``(b) In addition to the Center referred to in subsection (a), the
Secretary may establish sites regarding persons with Hansen's disease.
Each such site shall provide for the outpatient care and treatment for
Hansen's disease and related complications to any person determined by
the Secretary to be in need of such care and treatment.
``(c) The Secretary shall carry out subsections (a) and (b) acting
through an agency of the Service. For purposes of the preceding
sentence, the agency designated by the Secretary shall carry out both
activities relating to the provision of health services and activities
relating to the conduct of research.
``(d) The Secretary shall make payments to the Board of Health of
the State of Hawaii for the care and treatment (including outpatient
care) in its facilities of persons suffering from Hansen's disease at a
rate determined by the Secretary. The rate shall be approximately equal
to the operating cost per patient of such facilities, except that the
rate may not exceed the comparable costs per patient with Hansen's
disease for care and treatment provided by the Center referred to in
subsection (a). Payments under this subsection are subject to the
availability of appropriations for such purpose.''.
Sec. 212. None of the funds appropriated in the Act may be made
available to any entity under title X of the Public Health Service Act
unless the applicant for the award certifies to the Secretary that it
encourages family participation in the decision of minors to seek
family planning services and that it provides counseling to minors on
how to resist attempts to coerce minors into engaging in sexual
activities.
comprehensive independent study of nih research priority setting
Sec. 213. (a) Study by the Institute of Medicine.--Not later than
30 days after the date of enactment of this Act, the Secretary of
Health and Human Services shall enter into a contract with the
Institute of Medicine to conduct a comprehensive study of the policies
and process used by the National Institutes of Health to determine
funding allocations for biomedical research.
(b) Matters To Be Assessed.--The study under subsection (a) shall
assess--
(1) the factors or criteria used by the National Institutes of
Health to determine funding allocations for disease research;
(2) the process by which research funding decisions are made;
(3) the mechanisms for public input into the priority setting
process; and
(4) the impact of statutory directives on research funding
decisions.
(c) Report.--
(1) In general.--Not later than 6 months after the date on
which the Secretary of Health and Human Services enters into the
contract under subsection (a), the Institute of Medicine shall
submit a report concerning the study to the Committee on Labor and
Human Resources and the Committee on Appropriations of the Senate,
and the Committee on Commerce and the Committee on Appropriations
of the House of Representatives.
(2) Requirement.--The report under paragraph (1) shall set
forth the findings, conclusions, and recommendations of the
Institute of Medicine for improvements in the National Institutes
of Health research funding policies and processes and for any
necessary congressional action.
This title may be cited as the ``Department of Health and Human
Services Appropriations Act, 1998''.
TITLE III--DEPARTMENT OF EDUCATION
education reform
For carrying out activities authorized by titles III and IV of the
Goals 2000: Educate America Act, the School-to-Work Opportunities Act,
and sections 3132, 3136, and 3141 and parts B, C, and D of title III of
the Elementary and Secondary Education Act of 1965, $1,275,035,000, of
which $464,500,000 for the Goals 2000: Educate America Act and
$200,000,000 for the School-to-Work Opportunities Act shall become
available on July 1, 1998, and remain available through September 30,
1999: Provided, That none of the funds appropriated under this heading
shall be obligated or expended to carry out section 304(a)(2)(A) of the
Goals 2000: Educate America Act, except that no more than $1,500,000
may be used to carry out activities under section 314(a)(2) of that
Act: Provided further, That section 315(a)(2) of the Goals 2000 Act
shall not apply: Provided further, That up to one-half of 1 percent of
the amount available under section 3132 shall be set aside for the
outlying areas, to be distributed on the basis of their relative need
as determined by the Secretary in accordance with the purposes of the
program: Provided further, That if any State educational agency does
not apply for a grant under section 3132, that State's allotment under
section 3131 shall be reserved by the Secretary for grants to local
educational agencies in that State that apply directly to the Secretary
according to the terms and conditions published by the Secretary in the
Federal Register: Provided further, That of the funds made available
under section 3136, $5,000,000 shall be provided to the Hospitals,
Universities, Businesses, and Schools program to develop a regional
information infrastructure in the mid-Atlantic region, $7,300,000 shall
be for the ``I Can Learn'' project to integrate technology into eighth
grade algebra classrooms and $800,000 shall be provided for a distance
education network involving a consortium of nine school districts and
Nicolet Area Technical College: Provided further, That of the amount
available for title III, part B of the Elementary and Secondary
Education Act of 1965, as amended, $8,000,000 shall be awarded to
continue and expand the Iowa Communication Network statewide fiber
optic demonstration project.
education for the disadvantaged
For carrying out title I of the Elementary and Secondary Education
Act of 1965, and section 418A of the Higher Education Act,
$8,021,827,000, of which $6,553,249,000 shall become available on July
1, 1998, and shall remain available through September 30, 1999, and of
which $1,448,386,000 shall become available on October 1, 1998 and
shall remain available through September 30, 1999, for academic year
1998-1999: Provided, That $6,273,212,000 shall be available for basic
grants under section 1124: Provided further, That up to $3,500,000 of
these funds shall be available to the Secretary on October 1, 1997, to
obtain updated local-educational-agency-level census poverty data from
the Bureau of the Census: Provided further, That $1,102,020,000 shall
be available for concentration grants under section 1124A, $6,977,000
shall be available for evaluations under section 1501 and not more than
$7,500,000 shall be reserved for section 1308, of which not more than
$3,000,000 shall be reserved for section 1308(d): Provided further,
That grant awards under section 1124 and 1124A of title I of the
Elementary and Secondary Education Act shall be made to each State or
local educational agency at no less than 100 percent of the amount such
State or local educational agency received under this authority for
fiscal year 1997 under Public Laws 104-208 and 105-18: Provided
further, That in determining State allocations under any other program
administered by the Secretary, amounts provided under Public Law 105-
18, or equivalent amounts provided for in this Act, will not be taken
into account in determining State allocations: Provided further, That
$120,000,000 shall be available under section 1002(g)(2) to demonstrate
effective approaches to comprehensive school reform to be allocated and
expended in accordance with the instructions relating to this proviso
in the statement of the managers on the conference report accompanying
this Act: Provided further, That in carrying out this initiative, the
Secretary and the States shall support only approaches that show the
most promise of enabling children served by title I to meet challenging
State content standards and challenging State student performance
standards based on reliable research and effective practices, and
include an emphasis on basic academics and parental involvement:
Provided further, That such funds shall not be available for section
1503.
impact aid
For carrying out programs of financial assistance to federally
affected schools authorized by title VIII of the Elementary and
Secondary Education Act of 1965, $808,000,000, of which $662,000,000
shall be for basic support payments under section 8003(b), $50,000,000
shall be for payments for children with disabilities under section
8003(d), $62,000,000, to remain available until expended, shall be for
payments under section 8003(f), $7,000,000 shall be for construction
under section 8007, and $24,000,000 shall be for Federal property
payments under section 8002 of which such sums as may be necessary
shall be for section 8002(j) and $3,000,000, to remain available until
expended, shall be for facilities maintenance under section 8008:
Provided, That section 8003(f)(2) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7709(f)(2)) is amended in clause (ii)
in subclause (I) by striking ``35 percent'' and all that follows
through the semicolon, and inserting the following: ``25 percent of the
total student enrollment of such agency. For purposes of this
subclause, all students described in section 8003(a)(1) are used to
determine eligibility, regardless of whether or not a local educational
agency receives funds for these children from section 8003(b) of the
Act;''.
The amendment made by this proviso shall apply with respect to
fiscal years beginning with fiscal year 1996: Provided, That the
Secretary of Education shall treat as timely filed, and shall process
for payment, an application for a fiscal year 1998 payment from the
local educational agency for Boston, Massachusetts, under section 8003
of the Elementary and Secondary Education Act of 1965 if the Secretary
has received that application not later than 30 days after the
enactment of this Act: Provided further, That the Secretary of
Education shall forgive any overpayments established for fiscal year
1994 under section 3(d)(2)(B) of the Act of September 30, 1950 (Public
Law 874--81st Congress), for any local educational agency in the State
of Texas receiving funds appropriated for fiscal year 1994 under the
authority of this section: Provided further, That section 8002 of the
Elementary and Education Act of 1965 (20 U.S.C. 7702) is amended by
adding the following new subsection:
``(j) Additional Assistance for Certain Local Educational Agencies
Impacted by Federal Property Acquisition.--
``(1) Reservation.--From amounts appropriated under section
8014(g) for a fiscal year, the Secretary shall provide additional
assistance to meet special circumstances relating to the provision
of education in local educational agencies eligible to receive
assistance under this section.
``(2) Eligibility.--(A) A local educational agency is eligible
to receive additional assistance under this subsection only if such
agency--
``(i) received a payment under both this section and
section 8003(b) for fiscal year 1996 and is eligible to receive
payments under those sections for the year of application;
``(ii) provided a free public education to children
described under sections 8003(a)(1)(A), (B), or (D);
``(iii) had a military installation located within the
geographic boundaries of the local educational agency that was
closed as a result of base closure or realignment;
``(iv) remains responsible for the free public education of
children residing in housing located on Federal property within
the boundaries of the closed military installation but whose
parents are on active duty in the uniformed services and
assigned to a military activity located within the boundaries
of an adjoining local educational agency; and
``(v) demonstrates to the satisfaction of the Secretary
that such agency's per-pupil revenue derived from local sources
for current expenditures is not less than that revenue for the
preceding fiscal year.
``(3) Maximum amount.--(A) The maximum amount that a local
educational agency is eligible to receive under this subsection for
any fiscal year, when combined with its payment under subsection
(b), shall not be more than 50 percent of the maximum amount
determined under subsection (b);
``(B) If funds appropriated under section 8014(g) are
insufficient to pay the amount determined under subparagraph (A),
the Secretary shall ratably reduce the payment to each local
education agency eligible under this subsection;
``(C) If funds appropriated under section 8014(g) are in excess
of the amount determined under subparagraph (A) the Secretary shall
ratably distribute any excess funds to all local educational
agencies eligible for payment under subsection (b) of this
section.'':
Provided further, That section 8014 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7714) is amended by adding the
following new subsection:
``(g) Additional Assistance for Certain Federal Property Local
Educational Agencies.--For the purpose of carrying out section 8002(j)
there are authorized to be appropriated such sums as are necessary
beginning in fiscal year 1998 and for each succeeding fiscal year.'':
Provided further, That of the funds available for section 8007, the
Secretary shall, under such terms and conditions he determines
appropriate, first provide $1,500,000 to applicant number 11-2815 and
$1,500,000 to applicant number 36-4403 for the construction of public
elementary or secondary schools where the current structures are unsafe
and pose serious health threats to the students, if requests for
funding and construction project descriptions are submitted to the
Secretary within 30 days of enactment of this Act: Provided further,
That notwithstanding any deadline established by the Secretary of
Education under subsection (c) of section 8005 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7705), and without regard to
paragraphs (1)(A), (2), and (3) of subsection (d) of that section, the
Secretary shall accept, as if timely received, an application from the
Maconaquah School Corporation, Bunker Hill, Indiana, under section 8003
of that Act for fiscal year 1996 if the Secretary has received that
application not later than 30 days after the enactment of this Act:
Provided further, That notwithstanding any other provision of law, the
Secretary of Defense shall treat any data included in an application
described in the preceding proviso, and that is approved by the
Secretary of Education, as data to be used in determining the
eligibility of the Maconaquah School Corporation, Bunker Hill, Indiana,
for, and the amount of, a payment for any of the fiscal years 1998
through 2000 under section 386 of the National Defense Authorization
Act for Fiscal Year 1993: Provided further, That section 8 of Public
Law 104-195 is amended by striking the period after ``year'' and adding
the following: ``or, for fiscal year 1995 or fiscal year 1996, the
amount of any payment under section 8003(f) of the Elementary and
Secondary Education Act of 1965'': Provided further, That the Secretary
of Education shall deem the local educational agency serving the
Clinton County School District in Albany, Kentucky, to meet the
eligibility requirements of section 8002(a)(1)(C) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7702(a)(1)(C)).
school improvement programs
For carrying out school improvement activities authorized by titles
II, IV-A-1 and 2, V-A and B, VI, IX, X, and XIII of the Elementary and
Secondary Education Act of 1965; the Stewart B. McKinney Homeless
Assistance Act; and the Civil Rights Act of 1964; $1,538,188,000, of
which $1,246,300,000 shall become available on July 1, 1998, and remain
available through September 30, 1999: Provided, That of the amount
appropriated, $335,000,000 shall be for Eisenhower professional
development State grants under title II-B of the Elementary and
Secondary Education Act of 1965 of which $25,000,000 shall be for
professional development in reading, $350,000,000 shall be for
innovative education program strategies State grants under title VI-A
of said Act and $750,000 shall be for an evaluation of comprehensive
regional assistance centers under title XIII of said Act: Provided
further, That of the amount made available for title IV-A-2, $350,000
shall be for the Yonkers Public Schools for innovative anti-drug and
anti-violence activities.
child literacy initiative
(including transfer of funds)
For carrying out a literacy initiative, $210,000,000, which shall
become available on October 1, 1998 and shall remain available through
September 30, 1999 only if specifically authorized by subsequent
legislation enacted by July 1, 1998: Provided, That, if the initiative
is not authorized by such date, the funds shall be transferred to
``Special Education'' to be merged with that account and to be
available for the same purposes for which that account is available:
Provided further, That the transferred funds shall become available for
obligation on July 1, 1999, and shall remain available through
September 30, 2000 for academic year 1999-2000.
Indian education
For expenses necessary to carry out, to the extent not otherwise
provided, title IX, part A of the Elementary and Secondary Education
Act of 1965, as amended, and section 215 of the Department of Education
Organization Act, $62,600,000.
bilingual and immigrant education
For carrying out, to the extent not otherwise provided, bilingual,
foreign language and immigrant education activities authorized by parts
A and C and section 7203 of title VII of the Elementary and Secondary
Education Act of 1965, without regard to section 7103(b), $354,000,000:
Provided, That State educational agencies may use all, or any part of,
their part C allocation for competitive grants to local educational
agencies: Provided further, That the Department of Education should
only support instructional programs which ensure that students
completely master English in a timely fashion (a period of three to
five years) while meeting rigorous achievement standards in the
academic content areas.
special education
For carrying out the Individuals with Disabilities Education Act,
$4,810,646,000, of which $4,565,185,000 shall become available for
obligation on July 1, 1998, and shall remain available through
September 30, 1999: Provided, That $1,500,000 of the funds provided
shall be for section 687(b)(2)(G), and shall remain available until
expended.
rehabilitation services and disability research
For carrying out, to the extent not otherwise provided, the
Rehabilitation Act of 1973, the Technology-Related Assistance for
Individuals with Disabilities Act, and the Helen Keller National Center
Act, as amended, $2,591,195,000.
Special Institutions for Persons With Disabilities
american printing house for the blind
For carrying out the Act of March 3, 1879, as amended (20 U.S.C.
101 et seq.), $8,186,000.
National technical institute for the deaf
For the National Technical Institute for the Deaf under titles I
and II of the Education of the Deaf Act of 1986 (20 U.S.C. 4301 et
seq.), $44,141,000: Provided, That from the amount available, the
Institute may at its discretion use funds for the endowment program as
authorized under section 207.
gallaudet university
For the Kendall Demonstration Elementary School, the Model
Secondary School for the Deaf, and the partial support of Gallaudet
University under titles I and II of the Education of the Deaf Act of
1986 (20 U.S.C. 4301 et seq.), $81,000,000: Provided, That from the
amount available, the University may at its discretion use funds for
the endowment program as authorized under section 207.
vocational and adult education
For carrying out, to the extent not otherwise provided, the Carl D.
Perkins Vocational and Applied Technology Education Act, the Adult
Education Act, and the National Literacy Act of 1991, $1,507,698,000,
of which $1,504,598,000 shall become available on July 1, 1998 and
shall remain available through September 30, 1999; and of which
$5,491,000 from amounts available under the Adult Education Act shall
be for the National Institute for Literacy under section 384(c):
Provided, That, of the amounts made available for title II of the Carl
D. Perkins Vocational and Applied Technology Education Act, $13,497,000
shall be used by the Secretary for national programs under title IV,
without regard to section 451: Provided further, That the Secretary may
reserve up to $4,998,000 under section 313(d) of the Adult Education
Act for activities carried out under section 383 of that Act: Provided
further, That no funds shall be awarded to a State Council under
section 112(f) of the Carl D. Perkins Vocational and Applied Technology
Education Act, and no State shall be required to operate such a
Council.
student financial assistance
For carrying out subparts 1, 3, and 4 of part A, part C and part E
of title IV of the Higher Education Act of 1965, as amended,
$8,978,934,000, which shall remain available through September 30,
1999.
The maximum Pell Grant for which a student shall be eligible during
award year 1998-1999 shall be $3,000: Provided, That notwithstanding
section 401(g) of the Act, if the Secretary determines, prior to
publication of the payment schedule for such award year, that the
amount included within this appropriation for Pell Grant awards in such
award year, and any funds available from the fiscal year 1997
appropriation for Pell Grant awards, are insufficient to satisfy fully
all such awards for which students are eligible, as calculated under
section 401(b) of the Act, the amount paid for each such award shall be
reduced by either a fixed or variable percentage, or by a fixed dollar
amount, as determined in accordance with a schedule of reductions
established by the Secretary for this purpose: Provided further, That
if the Secretary determines that the funds available to fund Pell
Grants for award year 1998-1999 exceed the amount needed to fund Pell
Grants at a maximum award of $3,000 for that award year, the Secretary
may increase the income protection allowances in sections 475(g)(2)(D),
and 476(b)(1)(A)(iv)(I), (II), and (III) up to the amounts at which
Pell Grant awards calculated using the increased income protection
allowances equal the funds available to make Pell Grants in award year
1998-1999 with a $3,000 maximum award, except that the income
protection allowance in section 475(g)(2)(D) may not exceed $2,200, the
income protection allowance in sections 476(b)(1)(A)(iv)(I) and (II)
may not exceed $4,250, and the income protection allowance in section
476(b)(1)(A)(iv)(III) may not exceed $7,250.
federal family education loan program account
For Federal administrative expenses to carry out guaranteed student
loans authorized by title IV, part B, of the Higher Education Act, as
amended, $46,482,000.
higher education
For carrying out, to the extent not otherwise provided, parts A and
B of title III, without regard to section 360(a)(1)(B)(ii), titles IV,
V, VI, VII, and IX, and part A, subpart 1 of part B, and part E of
title X and title XI of the Higher Education Act of 1965, as amended,
part G of title XV of Public Law 102-325, the Mutual Educational and
Cultural Exchange Act of 1961, and Public Law 102-423; $946,738,000, of
which $13,700,000 for interest subsidies under title VII of the Higher
Education Act shall remain available until expended: Provided, That
funds available for part D of title IX of the Higher Education Act
shall be available to fund new and noncompeting continuation awards for
academic year 1998-1999 for fellowships awarded under part C of title
IX of said Act, under the terms and conditions of part C: Provided
further, That from the funds made available under Part A of title X of
the Higher Education Act, $1,000,000 shall be awarded to the Advanced
Technical Center at Mexico, Missouri for the delivery of technical
education in cooperation with community colleges and State technical
schools and $3,000,000 shall be for the delivery of technical education
and distance learning at Empire State College in New York.
howard university
For partial support of Howard University (20 U.S.C. 121 et seq.),
$210,000,000: Provided, That from the amount available, the University
may at its discretion use funds for the endowment program as authorized
under the Howard University Endowment Act (Public Law 98-480).
college housing and academic facilities loans program
For Federal administrative expenses to carry out activities related
to facility loans entered into under title VII, part C and section 702
of the Higher Education Act, as amended, $698,000.
historically black college and university capital financing, program
account
The total amount of bonds insured pursuant to section 724 of title
VII, part B of the Higher Education Act shall not exceed $357,000,000,
and the cost, as defined in section 502 of the Congressional Budget Act
of 1974, of such bonds shall not exceed zero.
For administrative expenses to carry out the Historically Black
College and University Capital Financing Program entered into pursuant
to title VII, part B of the Higher Education Act, as amended, $104,000.
education research, statistics, and improvement
For carrying out activities authorized by the Educational Research,
Development, Dissemination, and Improvement Act of 1994, including part
E; the National Education Statistics Act of 1994; section 2102 of title
II, and parts A, B, I, and K and section 10601 of title X, and part C
of title XIII of the Elementary and Secondary Education Act of 1965, as
amended, and title VI of Public Law 103-227, $431,438,000: Provided,
That of the amount provided for section 10101 of part A of title X of
the Elementary and Secondary Education Act of 1965, $1,000,000 shall be
awarded to the National Museum of Women in the Arts; $500,000 shall be
for enhanced teacher training in reading in the District of Columbia;
$5,000,000 shall be for innovative learning opportunities for at-risk
children at children's museums in Philadelphia, Baltimore, Boston and
museums in Chicago; $8,000,000 shall be for a demonstration of public
school facilities repair and construction to the Iowa Department of
Education; $350,000 shall be awarded to the White Plains City School
District to expand an after school program; $100,000 shall be for the
Montgomery County, Pennsylvania library network; $55,000 shall be
awarded to the St. Stephen Life Center in Louisville, Kentucky; and
$25,000,000 shall be available to demonstrate effective approaches to
comprehensive school reform to be allocated and expended in accordance
with the instructions relating to this proviso in the statement of
managers on the conference report accompanying this Act: Provided
further, That the funds made available for comprehensive school reform
shall become available on July 1, 1998, and remain available through
September 30, 1999, and in carrying out this initiative, the Secretary
and the States shall support only approaches that show the most promise
of enabling children to meet challenging State content standards and
challenging State student performance standards based on reliable
research and effective practices, and include an emphasis on basic
academics and parental involvement: Provided further, That (1) of the
amount appropriated under this heading and notwithstanding any other
provision of law, the Secretary of Education may award $1,000,000 to a
State educational agency (as defined in section 14101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 8801)) to pay for
appraisals, resource studies, and other expenses associated with the
exchange of State school trust lands within the boundaries of a
national monument for Federal lands outside the boundaries of the
monument; and (2) the State educational agency is eligible to receive a
grant under paragraph (1) only if the agency serves a State that--
(A) has a national monument declared within the State under the
authority of the Act entitled ``An Act for the preservation of
American antiquities'', approved June 8, 1906 (16 U.S.C. 431 et
seq.) (commonly known as the Antiquities Act of 1906) that
incorporates more than 100,000 acres of State school trust lands
within the boundaries of the national monument; and
(B) ranks in the lowest 25 percent of all States when comparing
the average per pupil expenditure (as defined in section 14101 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
8801)) in the State to the average per pupil expenditure for each
State in the United States.
institute of museum and library services
For carrying out subtitle B of the Museum and Library Services Act,
$146,340,000.
Departmental Management
program administration
For carrying out, to the extent not otherwise provided, the
Department of Education Organization Act, including rental of
conference rooms in the District of Columbia and hire of two passenger
motor vehicles, $341,064,000.
office for civil rights
For expenses necessary for the Office for Civil Rights, as
authorized by section 203 of the Department of Education Organization
Act, $61,500,000.
office of the inspector general
For expenses necessary for the Office of the Inspector General, as
authorized by section 212 of the Department of Education Organization
Act, $30,242,000.
GENERAL PROVISIONS
Sec. 301. No funds appropriated in this Act may be used for the
transportation of students or teachers (or for the purchase of
equipment for such transportation) in order to overcome racial
imbalance in any school or school system, or for the transportation of
students or teachers (or for the purchase of equipment for such
transportation) in order to carry out a plan of racial desegregation of
any school or school system.
Sec. 302. None of the funds contained in this Act shall be used to
require, directly or indirectly, the transportation of any student to a
school other than the school which is nearest the student's home,
except for a student requiring special education, to the school
offering such special education, in order to comply with title VI of
the Civil Rights Act of 1964. For the purpose of this section an
indirect requirement of transportation of students includes the
transportation of students to carry out a plan involving the
reorganization of the grade structure of schools, the pairing of
schools, or the clustering of schools, or any combination of grade
restructuring, pairing or clustering. The prohibition described in this
section does not include the establishment of magnet schools.
Sec. 303. No funds appropriated under this Act may be used to
prevent the implementation of programs of voluntary prayer and
meditation in the public schools.
(transfer of funds)
Sec. 304. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act, as
amended) which are appropriated for the Department of Education in this
Act may be transferred between appropriations, but no such
appropriation shall be increased by more than 3 percent by any such
transfer: Provided, That the Appropriations Committees of both Houses
of Congress are notified at least fifteen days in advance of any
transfer.
Sec. 305. (a) Notwithstanding any other provision of Federal law,
no funds provided to the Department of Education or to an applicable
program (as defined in section 400(c)(1) of the General Education
Provisions Act (20 U.S.C. 1221(c)(1))), in this Act or in any other Act
in fiscal year 1998, may be used to field test, pilot test, implement,
administer or distribute in any way, any national tests.
(b) Exception.--Subsection (a) shall not apply to the Third
International Math and Science Study or the National Assessment of
Educational Progress.
Sec. 306. (a) Study.--The National Academy of Sciences, in
consultation with the National Governors Association, the National
Conference of State Legislatures, the White House, the National
Assessment Governing Board, and the Congress, shall conduct a
feasibility study to determine if an equivalency scale can be developed
that would allow test scores from commercially available standardized
tests and State assessments to be compared with each other and the
National Assessment of Educational Progress.
(b) Report of Findings to Congress.--(1) The National Academy of
Sciences shall submit a written report to the White House, the
Committee on Education and the Workforce of the House of
Representatives, the Committee on Labor and Human Resources of the
Senate, and the Committees on Appropriations of the House of
Representatives and the Senate not later than September 1, 1998.
(2) The National Academy of Sciences shall submit an interim report
no later than June 15, 1998.
National Assessment Governing Board
Sec. 307 (a). Notwithstanding any other provision of law, the
exclusive authority over all policies, direction, and guidelines for
developing voluntary national tests pursuant to contract RJ97153001
previously entered into between the Department of Education and the
American Institutes for Research and executed on August 15, 1997, shall
be vested in the National Assessment Governing Board established under
section 412 of the National Education Statistics Act of 1994 (20 U.S.C.
9011); Provided, That within 90 days after the date of enactment of
this Act, the Board shall review the national test development contract
in effect on the date of enactment of this Act, and modify the contract
as the Board determines necessary and not inconsistent with this Act or
applicable laws: Provided further, That if the contract cannot be
modified to the extent determined necessary by the Board, the contract
shall be terminated and the Board shall negotiate a new contract, under
the Board's exclusive control, for the tests, not inconsistent with
this Act or applicable laws.
(b) In carrying out its exclusive authority for developing
voluntary national tests pursuant to contract RJ97153001, any
subsequent contract related thereto, or any contract modification
pursuant to subsection (a), the National Assessment Governing Board
shall determine--
(1) the extent to which test items selected for use on the
tests are free from racial, cultural or gender bias;
(2) whether the test development process and test items
adequately assess student reading and mathematics comprehension in
the form most likely to yield accurate information regarding
student achievement in reading and mathematics;
(3) whether the test development process and test items take
into account the needs of disadvantaged, limited English proficient
and disabled students; and
(4) whether the test development process takes into account how
parents, guardians, and students will appropriately be informed
about testing content, purpose and uses.
Sec. 308. Study.--The National Academy of Sciences shall, not later
than September 1, 1998, submit a written report to the Committee on
Education and the Workforce of the House of Representatives, the
Committee on Labor and Human Resources of the Senate, and the
Committees on Appropriations of the House and Senate that evaluates all
test items developed or funded by the Department of Education or any
other agency of the Federal Government pursuant to contract RJ97153001,
any subsequent contract related thereto, or any contract modification
by the National Assessment Governing Board pursuant to section 307 of
this Act, for--
(1) the technical quality of any test items for 4th grade
reading and 8th grade mathematics;
(2) the validity, reliability, and adequacy of developed test
items;
(3) the validity of any developed design which links test
results to student performance;
(4) the degree to which any developed test items provide valid
and useful information to the public;
(5) whether the test items are free from racial, cultural, or
gender bias;
(6) whether the test items address the needs of disadvantaged,
limited English proficient and disabled students; and
(7) whether the test items can be used for tracking, graduation
or promotion of students.
Sec. 309. (a) Study.--The National Academy of Sciences shall
conduct a study and make written recommendations on appropriate
methods, practices, and safeguards to ensure that--
(1) existing and new tests that are used to assess student
performance are not used in a discriminatory manner or
inappropriately for student promotion, tracking or graduation; and
(2) existing and new tests adequately assess student reading
and mathematics comprehension in the form most likely to yield
accurate information regarding student achievement of reading and
mathematics skills.
(b) Report to Congress.--The National Academy of Sciences shall
submit a written report to the White House, the National Assessment
Governing Board, the Committee on Education and the Workforce of the
House of Representatives, the Committee on Labor and Human Resources of
the Senate, and the Committees on Appropriations of the House and
Senate not later than September 1, 1998.
Sec. 310. (a) The Federal Government shall not require any State or
local educational agency or school to administer or implement any pilot
or field test in any subject or grade, nor shall the Federal Government
require any student to take any national test in any subject or grade.
(b) Nothing in section 309(a) shall be construed as affecting the
National Assessment of Educational Progress or the Third International
Math and Science Study.
Sec. 311. No Federal, State or local educational agency may require
any private or parochial school student, or home-schooled individual,
to take any pilot or field test developed under this Act, contract
RJ97153001, or any contract related thereto, without the written
consent of the parents or legal guardians of the student or individual.
Sec. 312. Notwithstanding any other provision of law, any
institution of higher education which receives funds under title III of
the Higher Education Act, except for grants made under section 326, may
use up to 20 percent of its award under part A or part B of the Act for
endowment building purposes authorized under section 331. Any
institution seeking to use part A or part B funds for endowment
building purposes shall indicate such intention in its application to
the Secretary and shall abide by departmental regulations governing the
endowment challenge grant program.
(transfer of funds)
Sec. 313. Notwithstanding any other provision of the Higher
Education Act, $280,000,000 of the balances of returned reserves,
formerly held by the Higher Education Assistance Foundation, that are
currently held in Higher Education Assistance Claims Reserves, Treasury
account number 91X6192, shall be transferred to Miscellaneous Receipts
of the Treasury, within 60 days of enactment of this Act.
impact aid
Sec. 314. (a) In General.--From funds made available to carry out
section 3(d)(2)(B) of the Act of September 30, 1950 (Public Law 874,
81st Congress) for fiscal year 1994 that remain after making 100
percent of the payments local educational agencies are eligible to
receive under such section for such fiscal year, the Secretary of
Education shall make payments to applicants for fiscal year 1996
pursuant to subsection (b).
(b) Award Basis.--
(1) In general.--Except as provided in paragraph (2), the
Secretary of Education shall make a payment to each applicant in an
amount that bears the same relation to the total amount of
remaining funds described in subsection (a) as the number of
children who were in average daily attendance in the schools served
by the applicant for fiscal year 1996 bears to the total number of
all such children in the schools served by all applicants for such
year.
(2) Special rule.--Any applicant that had less than 200
children in average daily attendance in the schools served by the
applicant for fiscal year 1996 shall receive a payment under this
section for fiscal year 1996 in an amount equal to not less than
$175,000.
(3) Data.--For purposes of computing payments under this
section, the Secretary of Education shall use data that--
(A) was included in each applicant's application for
assistance under section 8003 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7703) for fiscal year 1996;
and
(B) is verified by the Secretary.
(c) Definition of Applicant.--For purposes of this section, the
term ``applicant'' means an applicant for assistance under section 8003
of the Elementary and Secondary Education Act of 1965 for fiscal year
1996 having 1 of the following applicant numbers for such year:
(1) 51-0904.
(2) 51-4203.
(3) 51-1903.
(4) 51-0010.
(5) 51-0811.
(6) 51-2101.
Sec. 315. Section 10304 of the Elementary and Secondary Education
Act of 1965 is amended by adding at the end the following:
``(g) Tribally Controlled Schools.--Each State that receives a
grant under this part and designates a tribally controlled school as a
charter school shall not consider payments to a school under the
Tribally Controlled Schools Act of 1988 (25 U.S.C. 2507) in
determining--
``(1) the eligibility of the school to receive any other
Federal, State, or local aid; or
``(2) the amount of such aid.''.
This title may be cited as the ``Department of Education
Appropriations Act, 1998''.
TITLE IV--RELATED AGENCIES
Armed Forces Retirement Home
For expenses necessary for the Armed Forces Retirement Home to
operate and maintain the United States Soldiers' and Airmen's Home and
the United States Naval Home, to be paid from funds available in the
Armed Forces Retirement Home Trust Fund, $68,669,000, of which
$13,217,000 shall remain available until expended for construction and
renovation of the physical plants at the United States Soldiers' and
Airmen's Home and the United States Naval Home: Provided, That,
notwithstanding any other provision of law, a single contract or
related contracts for the development and construction at the United
States Soldiers' and Airmen's Home, to include renovation of the
Sheridan building, may be employed which collectively include the full
scope of the project: Provided further, That the solicitation and
contract shall contain the clause ``availability of funds'' found at 48
CFR 52.232-18 and 252.232-7007 Limitation of Government Obligation.
Corporation for National and Community Service
domestic volunteer service programs, operating expenses
For expenses necessary for the Corporation for National and
Community Service to carry out the provisions of the Domestic Volunteer
Service Act of 1973, as amended, $256,604,000.
Corporation for Public Broadcasting
For payment to the Corporation for Public Broadcasting, as
authorized by the Communications Act of 1934, an amount which shall be
available within limitations specified by that Act, for the fiscal year
2000, $300,000,000: Provided, That no funds made available to the
Corporation for Public Broadcasting by this Act shall be used to pay
for receptions, parties, or similar forms of entertainment for
Government officials or employees: Provided further, That none of the
funds contained in this paragraph shall be available or used to aid or
support any program or activity from which any person is excluded, or
is denied benefits, or is discriminated against, on the basis of race,
color, national origin, religion, or sex.
Federal Mediation and Conciliation Service
salaries and expenses
For expenses necessary for the Federal Mediation and Conciliation
Service to carry out the functions vested in it by the Labor Management
Relations Act, 1947 (29 U.S.C. 171-180, 182-183), including hire of
passenger motor vehicles; and for expenses necessary for the Labor-
Management Cooperation Act of 1978 (29 U.S.C. 175a); and for expenses
necessary for the Service to carry out the functions vested in it by
the Civil Service Reform Act, Public Law 95-454 (5 U.S.C. ch. 71),
$33,481,000, including $1,500,000, to remain available through
September 30, 1999, for activities authorized by the Labor-Management
Cooperation Act of 1978 (29 U.S.C. 175a): Provided, That
notwithstanding 31 U.S.C. 3302, fees charged, up to full-cost recovery,
for special training activities and for arbitration services shall be
credited to and merged with this account, and shall remain available
until expended: Provided further, That fees for arbitration services
shall be available only for education, training, and professional
development of the agency workforce: Provided further, That the
Director of the Service is authorized to accept on behalf of the United
States gifts of services and real, personal, or other property in the
aid of any projects or functions within the Director's jurisdiction.
Federal Mine Safety and Health Review Commission
salaries and expenses
For expenses necessary for the Federal Mine Safety and Health
Review Commission (30 U.S.C. 801 et seq.), $6,060,000.
National Commission on Libraries and Information Science
salaries and expenses
For necessary expenses for the National Commission on Libraries and
Information Science, established by the Act of July 20, 1970 (Public
Law 91-345, as amended by Public Law 102-95), $1,000,000.
National Council on Disability
salaries and expenses
For expenses necessary for the National Council on Disability as
authorized by title IV of the Rehabilitation Act of 1973, as amended,
$1,793,000.
National Education Goals Panel
For expenses necessary for the National Education Goals Panel, as
authorized by title II, part A of the Goals 2000: Educate America Act,
$2,000,000.
National Labor Relations Board
salaries and expenses
For expenses necessary for the National Labor Relations Board to
carry out the functions vested in it by the Labor-Management Relations
Act, 1947, as amended (29 U.S.C. 141-167), and other laws,
$174,661,000: Provided, That no part of this appropriation shall be
available to organize or assist in organizing agricultural laborers or
used in connection with investigations, hearings, directives, or orders
concerning bargaining units composed of agricultural laborers as
referred to in section 2(3) of the Act of July 5, 1935 (29 U.S.C. 152),
and as amended by the Labor-Management Relations Act, 1947, as amended,
and as defined in section 3(f) of the Act of June 25, 1938 (29 U.S.C.
203), and including in said definition employees engaged in the
maintenance and operation of ditches, canals, reservoirs, and waterways
when maintained or operated on a mutual, nonprofit basis and at least
95 percent of the water stored or supplied thereby is used for farming
purposes: Provided further, That none of the funds made available by
this Act shall be used in any way to promulgate a final rule (altering
29 CFR part 103) regarding single location bargaining units in
representation cases.
National Mediation Board
salaries and expenses
For expenses necessary to carry out the provisions of the Railway
Labor Act, as amended (45 U.S.C. 151-188), including emergency boards
appointed by the President, $8,600,000: Provided, That unobligated
balances at the end of fiscal year 1998 not needed for emergency boards
shall remain available for other statutory purposes through September
30, 1999.
Occupational Safety and Health Review Commission
salaries and expenses
For expenses necessary for the Occupational Safety and Health
Review Commission (29 U.S.C. 661), $7,900,000.
Medicare Payment Advisory Commission
Salaries and Expenses
For expenses necessary to carry out section 1805 of the Social
Security Act, $7,015,000, to be transferred to this appropriation from
the Federal Hospital Insurance and the Federal Supplementary Medical
Insurance Trust Funds.
Railroad Retirement Board
dual benefits payments account
For payment to the Dual Benefits Payments Account, authorized under
section 15(d) of the Railroad Retirement Act of 1974, $205,500,000,
which shall include amounts becoming available in fiscal year 1998
pursuant to section 224(c)(1)(B) of Public Law 98-76; and in addition,
an amount, not to exceed 2 percent of the amount provided herein, shall
be available proportional to the amount by which the product of
recipients and the average benefit received exceeds $205,500,000:
Provided, That the total amount provided herein shall be credited in 12
approximately equal amounts on the first day of each month in the
fiscal year.
federal payments to the railroad retirement accounts
For payment to the accounts established in the Treasury for the
payment of benefits under the Railroad Retirement Act for interest
earned on unnegotiated checks, $50,000, to remain available through
September 30, 1999, which shall be the maximum amount available for
payment pursuant to section 417 of Public Law 98-76.
limitation on administration
For necessary expenses for the Railroad Retirement Board for
administration of the Railroad Retirement Act and the Railroad
Unemployment Insurance Act, $87,228,000, to be derived in such amounts
as determined by the Board from the railroad retirement accounts and
from moneys credited to the railroad unemployment insurance
administration fund.
limitation on the office of inspector general
For expenses necessary for the Office of Inspector General for
audit, investigatory and review activities, as authorized by the
Inspector General Act of 1978, as amended, not more than $5,794,000, to
be derived from the railroad retirement accounts and railroad
unemployment insurance account: Provided, That none of the funds made
available in any other paragraph of this Act may be transferred to the
Office; used to carry out any such transfer; used to provide any office
space, equipment, office supplies, communications facilities or
services, maintenance services, or administrative services for the
Office; used to pay any salary, benefit, or award for any personnel of
the Office; used to pay any other operating expense of the Office; or
used to reimburse the Office for any service provided, or expense
incurred, by the Office: Provided further, That none of the funds made
available in this paragraph may be used for any audit, investigation,
or review of the Medicare Program.
Social Security Administration
payments to social security trust funds
For payment to the Federal Old-Age and Survivors Insurance and the
Federal Disability Insurance trust funds, as provided under sections
201(m), 228(g), and 1131(b)(2) of the Social Security Act, $20,308,000.
special benefits for disabled coal miners
For carrying out title IV of the Federal Mine Safety and Health Act
of 1977, $426,090,000, to remain available until expended.
For making, after July 31 of the current fiscal year, benefit
payments to individuals under title IV of the Federal Mine Safety and
Health Act of 1977, for costs incurred in the current fiscal year, such
amounts as may be necessary.
For making benefit payments under title IV of the Federal Mine
Safety and Health Act of 1977 for the first quarter of fiscal year
1999, $160,000,000, to remain available until expended.
supplemental security income program
For carrying out titles XI and XVI of the Social Security Act,
section 401 of Public Law 92-603, section 212 of Public Law 93-66, as
amended, and section 405 of Public Law 95-216, including payment to the
Social Security trust funds for administrative expenses incurred
pursuant to section 201(g)(1) of the Social Security Act,
$16,160,000,000, to remain available until expended: Provided, That any
portion of the funds provided to a State in the current fiscal year and
not obligated by the State during that year shall be returned to the
Treasury.
From funds provided under the previous paragraph, not less than
$100,000,000 shall be available for payment to the Social Security
trust funds for administrative expenses for conducting continuing
disability reviews.
In addition, $175,000,000, to remain available until September 30,
1999, for payment to the Social Security trust funds for administrative
expenses for continuing disability reviews as authorized by section 103
of Public Law 104-121 and Supplemental Security Income administrative
work as authorized by Public Law 104-193. The term ``continuing
disability reviews'' means reviews and redeterminations as defined
under section 201(g)(1)(A) of the Social Security Act, as amended, and
reviews and redeterminations authorized under section 211 of Public Law
104-193.
For making, after June 15 of the current fiscal year, benefit
payments to individuals under title XVI of the Social Security Act, for
unanticipated costs incurred for the current fiscal year, such sums as
may be necessary.
For making benefit payments under title XVI of the Social Security
Act for the first quarter of fiscal year 1999, $8,680,000,000, to
remain available until expended.
limitation on administrative expenses
For necessary expenses, including the hire of two passenger motor
vehicles, and not to exceed $10,000 for official reception and
representation expenses, not more than $5,894,040,000 may be expended,
as authorized by section 201(g)(1) of the Social Security Act, from any
one or all of the trust funds referred to therein: Provided, That not
less than $1,600,000 shall be for the Social Security Advisory Board:
Provided further, That unobligated balances at the end of fiscal year
1998 not needed for fiscal year 1998 shall remain available until
expended for a state-of-the-art computing network, including related
equipment and non-payroll administrative expenses associated solely
with this network: Provided further, That reimbursement to the trust
funds under this heading for expenditures for official time for
employees of the Social Security Administration pursuant to section
7131 of title 5, United States Code, and for facilities or support
services for labor organizations pursuant to policies, regulations, or
procedures referred to in section 7135(b) of such title shall be made
by the Secretary of the Treasury, with interest, from amounts in the
general fund not otherwise appropriated, as soon as possible after such
expenditures are made.
From funds provided under the previous paragraph, notwithstanding
the provision under this heading in Public Law 104-208 regarding
unobligated balances at the end of fiscal year 1997 not needed for such
fiscal year, an amount not to exceed $50,000,000 from such unobligated
balances shall, in addition to funding already available under this
heading for fiscal year 1998, be available for necessary expenses.
From funds provided under the first paragraph, not less than
$200,000,000 shall be available for conducting continuing disability
reviews.
In addition to funding already available under this heading, and
subject to the same terms and conditions, $290,000,000, to remain
available until September 30, 1999, for continuing disability reviews
as authorized by section 103 of Public Law 104-121, section 10203 of
Public Law 105-33 and Supplemental Security Income administrative work
as authorized by Public Law 104-193. The term ``continuing disability
reviews'' means reviews and redeterminations as defined under section
201(g)(1)(A) of the Social Security Act as amended, and reviews and
redeterminations authorized under section 211 of Public Law 104-193.
In addition to funding already available under this heading, and
subject to the same terms and conditions, $190,000,000, which shall
remain available until expended, to invest in a state-of-the-art
computing network, including related equipment and non-payroll
administrative expenses associated solely with this network, for the
Social Security Administration and the State Disability Determination
Services, may be expended from any or all of the trust funds as
authorized by section 201(g)(1) of the Social Security Act.
In addition, $35,000,000 to be derived from administration fees in
excess of $5.00 per supplementary payment collected pursuant to section
1616(d) of the Social Security Act or section 212(b)(3) of Public Law
93-66, which shall remain available until expended. To the extent that
the amounts collected pursuant to such section 1616(d) or 212(b)(3) in
fiscal year 1998 exceed $35,000,000, the amounts shall be available in
fiscal year 1999 only to the extent provided in advance in
appropriations Acts.
office of inspector general
(including transfer of funds)
For expenses necessary for the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $10,164,000, together with not to exceed $38,260,000, to be
transferred and expended as authorized by section 201(g)(1) of the
Social Security Act from the Federal Old-Age and Survivors Insurance
Trust Fund and the Federal Disability Insurance Trust Fund.
In addition, an amount not to exceed 3 percent of the total
provided in this appropriation may be transferred from the ``Limitation
on Administrative Expenses'', Social Security Administration, to be
merged with this account, to be available for the time and purposes for
which this account is available: Provided, That notice of such
transfers shall be transmitted promptly to the Committees on
Appropriations of the House and Senate.
United States Institute of Peace
operating expenses
For necessary expenses of the United States Institute of Peace as
authorized in the United States Institute of Peace Act, $11,160,000.
TITLE V--GENERAL PROVISIONS
Sec. 501. The Secretaries of Labor, Health and Human Services, and
Education are authorized to transfer unexpended balances of prior
appropriations to accounts corresponding to current appropriations
provided in this Act: Provided, That such transferred balances are used
for the same purpose, and for the same periods of time, for which they
were originally appropriated.
Sec. 502. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 503. (a) No part of any appropriation contained in this Act
shall be used, other than for normal and recognized executive-
legislative relationships, for publicity or propaganda purposes, for
the preparation, distribution, or use of any kit, pamphlet, booklet,
publication, radio, television, or video presentation designed to
support or defeat legislation pending before the Congress or any State
legislature, except in presentation to the Congress or any State
legislature itself.
(b) No part of any appropriation contained in this Act shall be
used to pay the salary or expenses of any grant or contract recipient,
or agent acting for such recipient, related to any activity designed to
influence legislation or appropriations pending before the Congress or
any State legislature.
Sec. 504. The Secretaries of Labor and Education are each
authorized to make available not to exceed $15,000 from funds available
for salaries and expenses under titles I and III, respectively, for
official reception and representation expenses; the Director of the
Federal Mediation and Conciliation Service is authorized to make
available for official reception and representation expenses not to
exceed $2,500 from 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. 505. Notwithstanding any other provision of this Act, no funds
appropriated under this Act shall be used to carry out any program of
distributing sterile needles or syringes for the hypodermic injection
of any illegal drug.
Sec. 506. Section 505 is subject to the condition that after March
31, 1998, a program for exchanging such needles and syringes for used
hypodermic needles and syringes (referred to in this section as an
``exchange project'') may be carried out in a community if--
(1) the Secretary of Health and Human Services determines that
exchange projects are effective in preventing the spread of HIV and
do not encourage the use of illegal drugs; and
(2) the project is operated in accordance with criteria
established by such Secretary for preventing the spread of HIV and
for ensuring that the project does not encourage the use of illegal
drugs.
Sec. 507. (a) Purchase of American-Made Equipment and Products.--It
is the sense of the Congress that, to the greatest extent practicable,
all equipment and products purchased with funds made available in this
Act should be American-made.
(b) Notice Requirement.--In providing financial assistance to, or
entering into any contract with, any entity using funds made available
in this Act, the head of each Federal agency, to the greatest extent
practicable, shall provide to such entity a notice describing the
statement made in subsection (a) by the Congress.
(c) Prohibition of Contracts With Persons Falsely Labeling Products
as Made in America.--If it has been finally determined by a court or
Federal agency that any person intentionally affixed a label bearing a
``Made in America'' inscription, or any inscription with the same
meaning, to any product sold in or shipped to the United States that is
not made in the United States, the person shall be ineligible to
receive any contract or subcontract made with funds made available in
this Act, pursuant to the debarment, suspension, and ineligibility
procedures described in sections 9.400 through 9.409 of title 48, Code
of Federal Regulations.
Sec. 508. When issuing statements, press releases, requests for
proposals, bid solicitations and other documents describing projects or
programs funded in whole or in part with Federal money, all grantees
receiving Federal funds included in this Act, including but not limited
to State and local governments and recipients of Federal research
grants, shall clearly state: (1) the percentage of the total costs of
the program or project which will be financed with Federal money; (2)
the dollar amount of Federal funds for the project or program; and (3)
percentage and dollar amount of the total costs of the project or
program that will be financed by nongovernmental sources.
Sec. 509. (a) None of the funds appropriated under this Act shall
be expended for any abortion.
(b) None of the funds appropriated under this Act shall be expended
for health benefits coverage that includes coverage of abortion.
(c) The term ``health benefits coverage'' means the package of
services covered by a managed care provider or organization pursuant to
a contract or other arrangement.
Sec. 510. (a) The limitations established in the preceding section
shall not apply to an abortion--
(1) if the pregnancy is the result of an act of rape or incest;
or
(2) in the case where a woman suffers from a physical disorder,
physical injury, or physical illness, including a life-endangering
physical condition caused by or arising from the pregnancy itself,
that would, as certified by a physician, place the woman in danger
of death unless an abortion is performed.
(b) Nothing in the preceding section shall be construed as
prohibiting the expenditure by a State, locality, entity, or private
person of State, local, or private funds (other than a State's or
locality's contribution of Medicaid matching funds).
(c) Nothing in the preceding section shall be construed as
restricting the ability of any managed care provider from offering
abortion coverage or the ability of a State or locality to contract
separately with such a provider for such coverage with State funds
(other than a State's or locality's contribution of Medicaid matching
funds).
Sec. 511. Notwithstanding any other provision of law--
(1) no amount may be transferred from an appropriation account
for the Departments of Labor, Health and Human Services, and
Education except as authorized in this or any subsequent
appropriation Act, or in the Act establishing the program or
activity for which funds are contained in this Act;
(2) no department, agency, or other entity, other than the one
responsible for administering the program or activity for which an
appropriation is made in this Act, may exercise authority for the
timing of the obligation and expenditure of such appropriation, or
for the purpose for which it is obligated and expended, except to
the extent and in the manner otherwise provided in sections 1512
and 1513 of title 31, United States Code; and
(3) no funds provided under this Act shall be available for the
salary (or any part thereof) of an employee who is reassigned on a
temporary detail basis to another position in the employing agency
or department or in any other agency or department, unless the
detail is independently approved by the head of the employing
department or agency.
Sec. 512. None of the funds made available in this Act may be used
to enforce the requirements of section 428(b)(1)(U)(iii) of the Higher
Education Act of 1965 with respect to any lender when it is made known
to the Federal official having authority to obligate or expend such
funds that the lender has a loan portfolio under part B of title IV of
such Act that is equal to or less than $5,000,000.
Sec. 513. (a) None of the funds made available in this Act may be
used for--
(1) the creation of a human embryo or embryos for research
purposes; or
(2) research in which a human embryo or embryos are destroyed,
discarded, or knowingly subjected to risk of injury or death
greater than that allowed for research on fetuses in utero under 45
CFR 46.208(a)(2) and section 498(b) of the Public Health Service
Act (42 U.S.C. 289g(b)).
(b) For purposes of this section, the term ``human embryo or
embryos'' include any organism, not protected as a human subject under
45 CFR 46 as of the date of the enactment of this Act, that is derived
by fertilization, parthenogenesis, cloning, or any other means from one
or more human gametes or human diploid cells.
Sec. 514. (a) Limitation on Use of Funds for Promotion of
Legalization of Controlled Substances.--None of the funds made
available in this Act may be used for any activity when it is made
known to the Federal official having authority to obligate or expend
such funds that the activity promotes the legalization of any drug or
other substance included in schedule I of the schedules of controlled
substances established by section 202 of the Controlled Substances Act
(21 U.S.C. 812).
(b) Exceptions.--The limitation in subsection (a) shall not apply
when it is made known to the Federal official having authority to
obligate or expend such funds that there is significant medical
evidence of a therapeutic advantage to the use of such drug or other
substance or that federally sponsored clinical trials are being
conducted to determine therapeutic advantage.
Sec. 515. None of the funds made available in this Act may be
obligated or expended to enter into or renew a contract with an entity
when it is made known to the Federal official having authority to
obligate or expend such funds that--
(1) such entity is otherwise a contractor with the United
States and is subject to the requirement in section 4212(d) of
title 38, United States Code, regarding submission of an annual
report to the Secretary of Labor concerning employment of certain
veterans; and
(2) such entity has not submitted a report as required by that
section for the most recent year for which such requirement was
applicable to such entity.
Sec. 516. (a) Fees for Federal Administration of State
Supplementary SSI Payments.--
(1) Optional state supplementary payments.--
(A) In general.--Section 1616(d)(2)(B) of the Social
Security Act (42 U.S.C. 1382e(d)(2)(B)) is amended--
(i) by striking ``and'' at the end of clause (iii); and
(ii) by striking clause (iv) and inserting the
following:
``(iv) for fiscal year 1997, $5.00;
``(v) for fiscal year 1998, $6.20;
``(vi) for fiscal year 1999, $7.60;
``(vii) for fiscal year 2000, $7.80;
``(viii) for fiscal year 2001, $8.10;
``(ix) for fiscal year 2002, $8.50; and
``(x) for fiscal year 2003 and each succeeding fiscal year--
``(I) the applicable rate in the preceding fiscal year,
increased by the percentage, if any, by which the Consumer
Price Index for the month of June of the calendar year of the
increase exceeds the Consumer Price Index for the month of June
of the calendar year preceding the calendar year of the
increase, and rounded to the nearest whole cent; or
``(II) such different rate as the Commissioner determines
is appropriate for the State.''.
(B) Conforming amendment.--Section 1616(d)(2)(C) of such
Act (42 U.S.C. 1382e(d)(2)(C)) is amended by striking
``(B)(iv)'' and inserting ``(B)(x)(II)''.
(2) Mandatory state supplementary payments.--
(A) In general.--Section 212(b)(3)(B)(ii) of Public Law 93-
66 (42 U.S.C. 1382 note) is amended--
(i) by striking ``and'' at the end of subclause (III);
and
(ii) by striking subclause (IV) and inserting the
following:
``(IV) for fiscal year 1997, $5.00;
``(V) for fiscal year 1998, $6.20;
``(VI) for fiscal year 1999, $7.60;
``(VII) for fiscal year 2000, $7.80;
``(VIII) for fiscal year 2001, $8.10;
``(IX) for fiscal year 2002, $8.50; and
``(X) for fiscal year 2003 and each succeeding fiscal year--
``(aa) the applicable rate in the preceding fiscal year,
increased by the percentage, if any, by which the Consumer
Price Index for the month of June of the calendar year of the
increase exceeds the Consumer Price Index for the month of June
of the calendar year preceding the calendar year of the
increase, and rounded to the nearest whole cent; or
``(bb) such different rate as the Commissioner determines
is appropriate for the State.''.
(B) Conforming amendment.--Section 212(b)(3)(B)(iii) of
such Act (42 U.S.C. 1382 note) is amended by striking
``(ii)(IV)'' and inserting ``(ii)(X)(bb)''.
(b) Use of New Fees To Defray the Social Security Administration's
Administrative Expenses.--
(1) Credit to special fund for fiscal year 1998 and subsequent
years.--
(A) Optional state supplementary payment fees.--Section
1616(d)(4) of the Social Security Act (42 U.S.C. 1382e(d)(4))
is amended to read as follows:
``(4)(A) The first $5 of each administration fee assessed pursuant
to paragraph (2), upon collection, shall be deposited in the general
fund of the Treasury of the United States as miscellaneous receipts.
``(B) That portion of each administration fee in excess of $5, and
100 percent of each additional services fee charged pursuant to
paragraph (3), upon collection for fiscal year 1998 and each subsequent
fiscal year, shall be credited to a special fund established in the
Treasury of the United States for State supplementary payment fees. The
amounts so credited, to the extent and in the amounts provided in
advance in appropriations Acts, shall be available to defray expenses
incurred in carrying out this title and related laws.''.
(B) Mandatory state supplementary payment fees.--Section
212(b)(3)(D) of Public Law 93-66 (42 U.S.C. 1382 note) is
amended to read as follows:
``(D)(i) The first $5 of each administration fee assessed pursuant
to subparagraph (B), upon collection, shall be deposited in the general
fund of the Treasury of the United States as miscellaneous receipts.
``(ii) The portion of each administration fee in excess of $5, and
100 percent of each additional services fee charged pursuant to
subparagraph (C), upon collection for fiscal year 1998 and each
subsequent fiscal year, shall be credited to a special fund established
in the Treasury of the United States for State supplementary payment
fees. The amounts so credited, to the extent and in the amounts
provided in advance in appropriations Acts, shall be available to
defray expenses incurred in carrying out this section and title XVI of
the Social Security Act and related laws.''.
(2) Limitations on authorization of appropriations.--From
amounts credited pursuant to section 1616(d)(4)(B) of the Social
Security Act and section 212(b)(3)(D)(ii) of Public Law 93-66 to
the special fund established in the Treasury of the United States
for State supplementary payment fees, there is authorized to be
appropriated an amount not to exceed $35,000,000 for fiscal year
1998, and such sums as may be necessary for each fiscal year
thereafter, for administrative expenses in carrying out the
supplemental security income program under title XVI of the Social
Security Act and related laws.
Sec. 517. Section 520(c)(2)(D) of the Departments of Labor, Health
and Human Services, and Education, and Related Agencies Appropriations
Act, 1997, is amended by striking ``September 30, 1997'' and inserting
in lieu thereof ``December 31, 1997''.
Sec. 518. None of the funds made available in this Act may be used
to pay the expenses of an election officer appointed by a court to
oversee an election of any officer or trustee for the International
Brotherhood of Teamsters.
Sec. 519. Subsection (k) of section 9302 of the Balanced Budget Act
of 1997, as added by section 1604(f)(3) of the Taxpayer Relief of Act
of 1997, is repealed.
TITLE VI--OTHER PROVISIONS
Sec. 601. The amount of the DSH allotment for the State of
Minnesota for fiscal year 1998, specified in the table under section
1923(f)(2) of the Social Security Act (as amended by section 4721(a)(1)
of Public Law 105-33) is deemed to be $33,000,000.
Sec. 602. Notwithstanding section 1923(f)(2) of the Social Security
Act (42 U.S.C. 1396r-4(f)(2)) (as amended by section 4721(a)(1) of the
Balanced Budget Act of 1997 (Public Law 105-33; 111 Stat. 511)), the
amount of the DSH allotment for Wyoming for fiscal year 1998 is deemed
to be $67,000.
parkinson's disease research
Sec. 603. (a) Short Title.--This section may be cited as the
``Morris K. Udall Parkinson's Disease Research Act of 1997''.
(b) Finding and Purpose.--
(1) Finding.--Congress finds that to take full advantage of the
tremendous potential for finding a cure or effective treatment, the
Federal investment in Parkinson's disease must be expanded, as well
as the coordination strengthened among the National Institutes of
Health research institutes.
(2) Purpose.--It is the purpose of this section to provide for
the expansion and coordination of research regarding Parkinson's
disease, and to improve care and assistance for afflicted
individuals and their family caregivers.
(c) Parkinson's Disease Research.--Part B of title IV of the Public
Health Service Act (42 U.S.C. 284 et seq.) is amended by adding at the
end the following:
``parkinson's disease
``Sec. 409B. (a) In General.--The Director of NIH shall establish a
program for the conduct and support of research and training with
respect to Parkinson's disease (subject to the extent of amounts
appropriated under subsection (e)).
``(b) Inter-Institute Coordination.--
``(1) In general.--The Director of NIH shall provide for the
coordination of the program established under subsection (a) among
all of the national research institutes conducting Parkinson's
disease research.
``(2) Conference.--Coordination under paragraph (1) shall
include the convening of a research planning conference not less
frequently than once every 2 years. Each such conference shall
prepare and submit to the Committee on Appropriations and the
Committee on Labor and Human Resources of the Senate and the
Committee on Appropriations and the Committee on Commerce of the
House of Representatives a report concerning the conference.
``(c) Morris K. Udall Research Centers.--
``(1) In general.--The Director of NIH is authorized to award
Core Center Grants to encourage the development of innovative
multidisciplinary research and provide training concerning
Parkinson's disease. The Director is authorized to award not more
than 10 Core Center Grants and designate each center funded under
such grants as a Morris K. Udall Center for Research on Parkinson's
Disease.
``(2) Requirements.--
``(A) In general.--With respect to Parkinson's disease,
each center assisted under this subsection shall--
``(i) use the facilities of a single institution or a
consortium of cooperating institutions, and meet such
qualifications as may be prescribed by the Director of the
NIH; and
``(ii) conduct basic and clinical research.
``(B) Discretionary requirements.--With respect to
Parkinson's disease, each center assisted under this subsection
may--
``(i) conduct training programs for scientists and
health professionals;
``(ii) conduct programs to provide information and
continuing education to health professionals;
``(iii) conduct programs for the dissemination of
information to the public;
``(iv) separately or in collaboration with other
centers, establish a nationwide data system derived from
patient populations with Parkinson's disease, and where
possible, comparing relevant data involving general
populations;
``(v) separately or in collaboration with other
centers, establish a Parkinson's Disease Information
Clearinghouse to facilitate and enhance knowledge and
understanding of Parkinson's disease; and
``(vi) separately or in collaboration with other
centers, establish a national education program that
fosters a national focus on Parkinson's disease and the
care of those with Parkinson's disease.
``(3) Stipends regarding training programs.--A center may use
funds provided under paragraph (1) to provide stipends for
scientists and health professionals enrolled in training programs
under paragraph (2)(B).
``(4) Duration of support.--Support of a center under this
subsection may be for a period not exceeding five years. Such
period may be extended by the Director of NIH for one or more
additional periods of not more than five years if the operations of
such center have been reviewed by an appropriate technical and
scientific peer review group established by the Director and if
such group has recommended to the Director that such period should
be extended.
``(d) Morris K. Udall Awards for Excellence in Parkinson's Disease
Research.--The Director of NIH is authorized to establish a grant
program to support investigators with a proven record of excellence and
innovation in Parkinson's disease research and who demonstrate
potential for significant future breakthroughs in the understanding of
the pathogensis, diagnosis, and treatment of Parkinson's disease.
Grants under this subsection shall be available for a period of not to
exceed 5 years.
``(e) Authorization of Appropriations.--For the purpose of carrying
out this section and section 301 and title IV of the Public Health
Service Act with respect to research focused on Parkinson's disease,
there are authorized to be appropriated up to $100,000,000 for fiscal
year 1998, and such sums as may be necessary for each of the fiscal
years 1999 and 2000.''.
Sec. 604. (a) Section 414(a) of the Immigration and Nationality Act
(8 U.S.C. 1524(a)) is amended by striking ``fiscal year 1995, fiscal
year 1996, and fiscal year 1997'' and inserting ``each of fiscal years
1998 and 1999''.
(b) The amendment made by subsection (a) shall take effect October
1, 1997.
Sec. 605. Subparagraphs (B) and (C) of section 1143(a)(2) of the
Social Security Act (42 U.S.C. 1320b-13(a)(2)(B), (C)) are each amended
by striking ``employee'' and inserting ``employer, employee,''.
Sec. 606. (a) Notwithstanding any other provision of law, the
payments described in subsection (b) shall not be considered income or
resources in determining eligibility for, or the amount of benefits
under, a program or State plan under title XVI or XIX of the Social
Security Act.
(b) The payments described in this subsection are payments made by
the Secretary of Defense pursuant to section 657 of the National
Defense Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110
Stat. 2584).
Sec. 607. In addition to amounts otherwise made available for
payment of obligations in carrying out 49 U.S.C. 5338(a), $50,000,000
shall remain available until expended and to be derived from the
Highway Trust Fund: Provided, That $50,000,000 shall be paid from the
Mass Transit Account of the Highway Trust Fund to the Federal Transit
Administration's formula grants account: Provided further, That
subsection (c) of section 337 of the Department of Transportation and
Related Agencies Appropriations Act, 1998 is amended by inserting after
``House and Senate Committees on Appropriations'', the following: ``and
the Senate Committee on Commerce, Science, and Transportation''.
Sec. 608. Clauses (i)(I) and (ii)(II) of section 403(a)(5)(A) of
the Social Security Act are amended by striking ``during the fiscal
year'' in each place it appears and inserting ``during the period
permitted under subparagraph (C)(vii) of this paragraph for the
expenditure of funds under the grant''.
Emergency Student Loan Consolidation
Sec. 609. (a) Short Title; References.--This section may be cited
as the ``Emergency Student Loan Consolidation Act of 1997''. Except as
otherwise expressly provided, whenever in this section an amendment or
repeal is expressed in terms of an amendment to, or repeal of, a
section or other provision, the reference shall be considered to be
made to a section or other provision of the Higher Education Act of
1965 (20 U.S.C. 1001 et seq.).
(b) Definition of Loans Eligible for Consolidation.--Section
428C(a)(4) (20 U.S.C. 1078-3(a)(4)) is amended--
(1) by redesignating subparagraphs (C) and (D) as subparagraphs
(D) and (E), respectively; and
(2) by inserting after subparagraph (B) the following new
subparagraph:
``(C) made under part D of this title, except that loans
made under such part shall be eligible student loans only for
consolidation loans for which the application is received by an
eligible lender during the period beginning on the date of
enactment of the Emergency Student Loan Consolidation Act of
1997 and ending on October 1, 1998;''.
(c) Terms of Consolidation Loans.--Section 428C(b)(4)(C)(ii) is
amended--
(1) in subclause (I), by inserting after ``consolidation loan''
the following: ``for which the application is received by an
eligible lender before the date of enactment of the Emergency
Student Loan Consolidation Act of 1997, or on or after October 1,
1998,'';
(2) by striking ``or'' at the end of subclause (I);
(3) by inserting ``or (II)'' before the semicolon at the end of
subclause (II);
(4) by redesignating subclause (II) as subclause (III); and
(5) by inserting after subclause (I) the following new
subclause:
``(II) by the Secretary, in the case of a consolidation
loan for which the application is received by an eligible
lender on or after the date of enactment of the Emergency
Student Loan Consolidation Act of 1997 and before October
1, 1998, except that the Secretary shall pay such interest
only on that portion of the loan that repays Federal
Stafford Loans for which the student borrower received an
interest subsidy under section 428 or Federal Direct
Stafford Loans for which the borrower received an interest
subsidy under section 455; or''.
(d) Nondiscrimination in Loan Consolidation.--Section 428C(b) is
amended by adding at the end the following new paragraph:
``(6) Nondiscrimination in Loan Consolidation.--An eligible
lender that makes consolidation loans under this section shall not
discriminate against any borrower seeking such a loan--
``(A) based on the number or type of eligible student loans
the borrower seeks to consolidate;
``(B) based on the type or category of institution of
higher education that the borrower attended;
``(C) based on the interest rate to be charged to the
borrower with respect to the consolidation loan; or
``(D) with respect to the types of repayment schedules
offered to such borrower.''.
(e) Interest Rate.--Section 428C(c)(1) is amended--
(1) in the first sentence of subparagraph (A), by striking
``(B) or (C)'' and inserting ``(B), (C), or (D)''; and
(2) by adding at the end the following new subparagraph:
``(D) A consolidation loan for which the application is
received by an eligible lender on or after the date of enactment of
the Emergency Student Loan Consolidation Act of 1997 and before
October 1, 1998, shall bear interest at an annual rate on the
unpaid principal balance of the loan that is equal to the rate
specified in section 427A(f), except that the eligible lender may
continue to calculate interest on such a loan at the rate
previously in effect and defer, until not later than April 1, 1998,
the recalculation of the interest on such a loan at the rate
required by this subparagraph if the recalculation is applied
retroactively to the date on which the loan is made.''.
(f) Amendments Effective for Pending applicants.--The consolidation
loans authorized by the amendments made by this section shall be
available notwithstanding any pending application by a student for a
consolidation loan under part D of title IV of the Higher Education Act
of 1965 (20 U.S.C. 1087a et seq.), upon withdrawal of such application
by the student at any time prior to receipt of such a consolidation
loan.
(g) Family Contribution for Dependent Students.--
(1) Parents' available income.--Section 475(c)(1) (20 U.S.C.
1087oo(c)(1)) is amended--
(A) by striking ``and'' at the end of subparagraph (D);
(B) by striking the period at the end of subparagraph (E)
and inserting ``; and''; and
(C) by adding at the end of the following new subparagraph:
``(F) the amount of any tax credit taken by the parents
under section 25A of the Internal Revenue Code of 1986.''.
(2) Student contribution from available income.--Section
475(g)(2) is amended--
(A) by striking ``and'' at the end of subparagraph (C);
(B) by striking the period at the end of subparagraph (D)
and inserting ``; and''; and
(C) by inserting after subparagraph (D) the following new
subparagraph:
``(E) the amount of any tax credit taken by the student
under section 25A of the Internal Revenue Code of 1986.''.
(h) Family Contribution for Independent Students Without Dependents
Other Than a Spouse.--Section 476(b)(1)(A) (20 U.S.C. 1087pp(b)(1)(A))
is amended--
(1) by striking ``and'' at the end of clause (iv); and
(2) by inserting after clause (v) the following new clause:
``(vi) the amount of any tax credit taken under section
25A of the Internal Revenue Code of 1986; and''.
(i) Family Contribution for Independent Students With Dependents
Other Than a Spouse.--Section 477(b)(1) (20 U.S.C. 1087qq(b)(1)) is
amended--
(1) by striking ``and'' at the end of subparagraph (D);
(2) by striking the period at the end of subparagraph (E) and
inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(F) the amount of any tax credit taken under section 25A
of the Internal Revenue Code of 1986.''.
(j) Total Income.--Section 480(a)(2) (20 U.S.C. 1087vv(a)(2)) is
amended--
(1) by striking ``individual, and'' and inserting
``individual,''; and
(2) by inserting ``and no portion of any tax credit taken under
section 25A of the Internal Revenue Code of 1986,'' before ``shall
be included''.
(k) Other Financial Assistance.--Section 480(j) is amended by
adding at the end the following new paragraph:
``(4) Notwithstanding paragraph (1), a tax credit taken under
section 25A of the Internal Revenue Code of 1986 shall not be treated
as estimated financial assistance for purposes of section 471(3).''.
(l) In General.--Section 458(a)(1) (20 U.S.C. 1087(a)(1)) is
amended by striking ``$532,000,000'' and inserting ``$507,000,000''.
(m) Construction.--Nothing in this Act or an amendment made by this
Act shall be construed to prohibit the Secretary of Education from
using funds that are returned or otherwise recovered by the Secretary
under section 422(g) of the Higher Education Act of 1965 (20 U.S.C.
1072(g)) including the balances of returned reserve funds, formerly
held by the Higher Education Assistance Foundation, that are currently
held in Higher Education Assistance Foundation Claims Reserves,
Treasury account number 91X6192, for expenditure for expenses pursuant
to section 458 of such Act (20 U.S.C. 1087h).
TITLE VII--NATIONAL HEALTH MUSEUM
SEC. 701. SHORT TITLE.
This title may be cited as the ``National Health Museum Development
Act''.
SEC. 702. AMENDMENTS TO THE NATIONAL DEFENSE AUTHORIZATION ACT FOR
FISCAL YEAR 1995.
Section 1067 of the National Defense Authorization Act for Fiscal
Year 1995 (10 U.S.C. 176 note) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by adding ``and'' at the end;
(B) in paragraph (2), by striking ``; and'' and inserting a
period; and
(C) by striking paragraph (3);
(2) in subsection (b)--
(A) in the subsection heading, by striking ``and Site of
Facility'';
(B) in paragraph (1), by striking ``; and'' and inserting a
period;
(C) by striking paragraph (2); and
(D) by striking ``Pathology--'' and all that follows
through ``shall'' in paragraph (1) and inserting ``Pathology
shall''; and
(3) by striking subsections (c) through (e).
SEC. 703. NATIONAL HEALTH MUSEUM SITE.
(a) Site.--The facility known as the National Health Museum shall
be located on or near the Mall on land owned by the Federal Government
or the District of Columbia (or both) in the District of Columbia.
(b) Rule of Construction.--Nothing in this section shall be
construed as limiting the authority or responsibilities of the National
Capital Planning Commission or the Commission of Fine Arts.
(c) Definition.--In this section, the term ``the Mall'' means--
(1) the land designated as ``Union Square'', United States
Reservation 6A; and
(2) the land designated as the ``Mall'', United States
Reservations 3, 4, 5, and 6.
SEC. 704. NATIONAL HEALTH MUSEUM COMMISSION.
(a) Establishment of Commission.--There is established a commission
to be known as the National Health Museum Commission (hereafter
referred to in this title as the ``Commission'') that shall be
comprised of eight members.
(b) Membership.--
(1) In general.--The members of the Commission shall be
appointed for the life of the Commission as follows:
(A) Two members shall be appointed by the President.
(B) Two members shall be appointed by the Speaker of the
House of Representatives.
(C) One member shall be appointed by the Minority Leader of
the House of Representatives.
(D) Two members shall be appointed by the Majority Leader
of the Senate.
(E) One member shall be appointed by the Minority Leader of
the Senate.
(2) Persons eligible.--The members of the Commission shall be
individuals who have knowledge or expertise in matters to be
studied by the Commission.
(3) Chairperson.--The President shall designate one member as
the Chairperson of the Commission.
SEC. 705. DUTIES OF THE COMMISSION.
(a) Study.--It shall be the duty of the Commission to conduct a
comprehensive study of the appropriate Federal role in the planning and
operation of the National Health Museum, as well as any other issues
deemed appropriate to the development of the National Health Museum.
(b) Report.--Not later than 1 year after the date on which the
Commission first meets, the Commission shall submit to the President
and Congress a comprehensive report of the Commission's findings and
conclusions, together with any recommendations of the Commission.
SEC. 706. COMMISSION ADMINISTRATION MATTERS.
(a) Application of FACA.--The National Health Museum, Inc. shall be
responsible for administering all Commission activities in accordance
with the Federal Advisory Committee Act (5 U.S.C. App.).
(b) Compensation of Members.--Each member of the Commission who is
not an officer or employee of the Federal Government shall be
compensated at a rate equal to the daily equivalent of the annual rate
of basic pay prescribed for level IV of the Executive Schedule under
section 5315 of title 5, United States Code.
SEC. 707. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this section,
$500,000 for fiscal year 1998, to remain available until expended.
SEC. 708. TERMINATION OF THE COMMISSION.
The Commission shall terminate 60 days after the Commission submits
the report required under section 705(b).
This Act may be cited as the ``Departments of Labor, Health and
Human Services, and Education, and Related Agencies Appropriations Act,
1998''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.