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H.R. 2518 (103rd): Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1994


The text of the bill below is as of Sep 29, 1993 (Public Print).


HR 2518 PP

103d CONGRESS

1st Session

H. R. 2518

IN THE HOUSE OF REPRESENTATIVES

September 29, 1993

Ordered to be printed with the amendments of the Senate numbered


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, 1994, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Departments of Labor, Health and Human Services, and Education, and related agencies for the fiscal year ending September 30, 1994, and for other purposes, namely:

TITLE I--DEPARTMENT OF LABOR

Employment and Training Administration

PROGRAM ADMINISTRATION

    For expenses of administering employment and training programs and for carrying out section 908 of the Social Security Act, $92,406,000, together with not to exceed $46,655,000, which may be expended from the Employment Security Administration account in the Unemployment Trust Fund.

TRAINING AND EMPLOYMENT SERVICES

    For expenses necessary to carry into effect the Job Training Partnership Act, as amended, including the purchase and hire of passenger motor vehicles, the construction, alteration, and repair of buildings and other facilities, and the purchase of real property for training centers as authorized by the Job Training Partnership Act, ( 1 ) [Struck out->] $4,943,181,000 [<-Struck out] $4,588,536,000 plus reimbursements, to be available for obligation for the period July 1, 1994, through June 30, 1995, of which ( 2 ) [Struck out->] $61,871,000 [<-Struck out] $65,000,000 shall be for carrying out section 401, ( 3 ) [Struck out->] $78,303,000 [<-Struck out] $88,000,000 shall be for carrying out section 402, $8,957,000 shall be for carrying out section 441, $1,473,000 shall be for the National Commission for Employment Policy, ( 4 ) [Struck out->] $5,357,000 [<-Struck out] $5,800,000 shall be for all activities conducted by and through the National Occupational Information Coordinating Committee under the Job Training Partnership Act, and ( 5 ) [Struck out->] $3,831,000 [<-Struck out] $3,861,000 shall be for service delivery areas under section 101(a)(4)(A)(iii) of the Job Training Partnership Act in addition to amounts otherwise provided under sections 202, 252 and 262 of the Act; and, in addition, $126,556,000 is appropriated for necessary expenses of construction, rehabilitation, and acquisition of Job Corps centers, including $20,000,000 for new centers, as authorized by the Job Training Partnership Act, in addition to amounts otherwise provided herein for the Job Corps, to be available for obligation for the period July 1, 1994 through June 30, 1997; and, in addition, ( 6 ) $178,000,000 is appropriated for carrying out part B of title II of the Job Training Partnership Act to be available for obligation for the period October 1, 1993 through June 30, 1994; and, in addition, $50,000,000 is appropriated for carrying out part D of title IV of the Job Training Partnership Act to be available for obligation for the period October 1, 1993 through June 30, 1995; and, in addition, $744,000 is appropriated for the Glass Ceiling Commission authorized by title II of the Civil Rights Act of 1991; and, in addition, ( 7 ) [Struck out->] $744,000 [<-Struck out] $1,500,000 is appropriated for the National Center for the Workplace authorized by title XV, part A, of Public Law 102-325; and, in addition, $12,537,000 is appropriated for activities authorized by title VII, subtitle C of the Stewart B. McKinney Homeless Assistance Act ( 8 ) and, in addition, $750,000 is appropriated for the Women in Apprenticeship and Nontraditional Occupations Act (Public Law 102-530): Provided, That no funds from any other appropriation shall be used to provide meal services at or for Job Corps centers ( 9 ) [Struck out->] :- [Struck out->] Provided further, [Struck out->] That $300,000,000 for carrying out part B of title II of the Job Training Partnership Act shall be available for obligation for the period October 1, 1993 through June 30, 1994: [Struck out->] Provided further, [Struck out->] That appropriations in this paragraph are available to carry out the Women in Apprenticeship and Nontraditional Occupations Act (Public Law 102-530) for the period beginning October 1, 1993 [<-Struck out] . [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out]

COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS

    To carry out the activities for national grants or contracts with public agencies and public or private nonprofit organizations under paragraph (1)(A) of section 506(a) of title V of the Older Americans Act of 1965, as amended, $320,190,000.

    To carry out the activities for grants to States under paragraph (3) of section 506(a) of title V of the Older Americans Act of 1965, as amended, $90,310,000.

federal unemployment benefits and allowances

    For payments during the current fiscal year of benefits and payments as authorized by title II of Public Law 95-250, as amended, and of trade adjustment benefit payments and allowances under part I, and for training, for allowances for job search and relocation, and for related State administrative expenses under part II, subchapter B, chapter 2, title II of the Trade Act of 1974, as amended, $190,000,000 together with such amounts as may be necessary to be charged to the subsequent appropriation for payments for any period subsequent to September 15 of the current year: Provided, That amounts received or recovered pursuant to section 208(e) of Public Law 95-250 shall be available for payments.

state unemployment insurance and employment service operations

    For activities authorized by the Act of June 6, 1933, as amended (29 U.S.C. 49-49l-1; 39 U.S.C. 3202(a)(1)(E)); title III of the Social Security Act, as amended (42 U.S.C. 502-504); necessary administrative expenses for carrying out 5 U.S.C. 8501-8523, and sections 225, 231-235 and 243-244, title II of the Trade Act of 1974, as amended; as authorized by section 7c of the Act of June 6, 1933, as amended, necessary administrative expenses under sections 101(a)(15)(H), 212(a)(5)(A), (m) (2) and (3), (n)(1), and 218(g) (1), (2), and (3), and 258(c) of the Immigration and Nationality Act, as amended (8 U.S.C. 1101 et seq.); necessary administrative expenses to carry out the Targeted Jobs Tax Credit Program under section 51 of the Internal Revenue Code of 1986, and section 221(a) of the Immigration Act of 1990, ( 10 ) [Struck out->] $69,542,000 [<-Struck out] $77,042,000 together with not to exceed ( 11 ) [Struck out->] $3,327,707,000 [<-Struck out] $3,338,389,000 (including not to exceed $2,098,000 which may be used for amortization payments to States which had independent retirement plans in their State employment service agencies prior to 1980, and including not to exceed $1,000,000 which may be obligated in contracts with non-State entities for activities such as occupational and test research activities which benefit the Federal-State Employment Service System), which may be expended from the Employment Security Administration account in the Unemployment Trust Fund, and of which the sums available in the allocation for activities authorized by title III of the Social Security Act, as amended (42 U.S.C. 502-504), and the sums available in the allocation for necessary administrative expenses for carrying out 5 U.S.C. 8501-8523, shall be available for obligation by the States through December 31, 1994, except that funds used for automation acquisitions shall be available for obligation by States through September 30, 1996; and of which ( 12 ) [Struck out->] $67,486,000 [<-Struck out] $74,986,000 together with not to exceed $807,870,000 of the amount which may be expended from said trust fund shall be available for obligation for the period July 1, 1994, through June 30, 1995, to fund activities under the Act of June 6, 1933, as amended, including the cost of penalty mail made available to States in lieu of allotments for such purpose, and of which $347,272,000 shall be available only to the extent necessary for additional State allocations to administer unemployment compensation laws to finance increases in the number of unemployment insurance claims filed and claims paid or changes in a State law: Provided, That to the extent that the Average Weekly Insured Unemployment (AWIU) for fiscal year 1994 is projected by the Department of Labor to exceed ( 13 ) [Struck out->] 3.28 [<-Struck out] 3.427 million, an additional $27,000,000 shall be available for obligation for every 100,000 increase in the AWIU level (including a pro rata amount for any increment less than 100,000) from the Employment Security Administration Account of the Unemployment Trust Fund.

advances to the unemployment trust fund and other funds

    For repayable advances to the Unemployment Trust Fund as authorized by sections 905(d) and 1203 of the Social Security Act, as amended, and to the Black Lung Disability Trust Fund as authorized by section 9501(c)(1) of the Internal Revenue Code of 1954, as amended; and for nonrepayable advances to the Unemployment Trust Fund as authorized by section 8509 of title 5, United States Code, and section 104(d) of Public Law 102-164, and section 5 of Public Law 103-6, and to the ‘Federal unemployment benefits and allowances’ account, to remain available until September 30, 1995, $2,556,000,000.

    In addition, for making repayable advances to the Black Lung Disability Trust Fund in the current fiscal year after September 15, 1994, for costs incurred by the Black Lung Disability Trust Fund in the current fiscal year, such sums as may be necessary.

Labor-Management Standards

salaries and expenses

    For necessary expenses for Labor-Management Standards, $27,309,000.

Pension and Welfare Benefits Administration

salaries and expenses

    For necessary expenses for Pension and Welfare Benefits Administration, ( 14 ) [Struck out->] $64,408,000 [<-Struck out] $64,058,000.

Pension Benefit Guaranty Corporation

pension benefit guaranty corporation fund

    The Pension Benefit Guaranty Corporation is authorized to make such expenditures, including financial assistance authorized by section 104 of Public Law 96-364, within limits of funds and borrowing authority available to such Corporation, and in accord with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act, as amended (31 U.S.C. 9104), as may be necessary in carrying out the program through September 30, 1994, for such Corporation: Provided, That not to exceed $34,194,000 shall be available for administrative expenses of the Corporation: Provided further, That expenses of such Corporation in connection with the termination of pension plans, for the acquisition, protection or management, and investment of trust assets, and for benefits administration services shall be considered as non-administrative expenses for the purposes hereof, and excluded from the above limitation.

Employment Standards Administration

SALARIES AND EXPENSES

    For necessary expenses for the Employment Standards Administration, including reimbursement to State, Federal, and local agencies and their employees for inspection services rendered, $237,176,000 together with $989,000 which may be expended from the Special Fund in accordance with sections 39(c) and 44(j) of the Longshore and Harbor Workers’ Compensation Act ( 15 ) : Provided, That, notwithstanding 31 U.S.C. 3302, or any provision of Public Law 102-170, Public Law 102-394, this Act, or any subsequent Appropriations Act, the Secretary of Labor is authorized to accept, retain and spend 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)

    SEC. 100. CONGRESSIONAL COVERAGE UNDER HEALTH CARE LEGISLATION-

    (a) FINDINGS- Congress finds:

      (1) Congress is expected to consider health care reform legislation in the near future that would offer a standard benefit package with several different options for the delivery of those benefits.

      (2) The standard benefits offered under all plans will be the same. Quality standards will apply to all plans.

      (3) Consumers will have the ability to choose a plan on an annual basis, and will have access to full information about all plans so that they may make their choice based on the quality of plans and consumer satisfaction of plans.

      (4) Members of Congress should be treated the same and afforded the same choices as every American in the health care system.

    (b) SENSE OF THE CONGRESS- It is the sense of the Congress that any legislation appproved by Congress should provide health care plans of comparable high quality and that Members of Congress participate on an equal basis with all other Americans in the health care system that results from health care reform legislation.

SPECIAL BENEFITS

(INCLUDING TRANSFER OF FUNDS)

    For the payment of compensation, benefits, and expenses (except administrative expenses) accruing during the current or any prior fiscal year authorized by title 5, chapter 81 of the United States Code; continuation of benefits as provided for under the head ‘Civilian War Benefits’ in the Federal Security Agency Appropriation Act, 1947; the Employees’ Compensation Commission Appropriation Act, 1944; and sections 4(c) and 5(f) of the War Claims Act of 1948 (50 U.S.C. App. 2012); and 50 per centum of the additional compensation and benefits required by section 10(h) of the Longshore and Harbor Workers’ Compensation Act, as amended, $279,000,000 together with such amounts as may be necessary to be charged to the subsequent year appropriation for the payment of compensation and other benefits for any period subsequent to August 15 of the current year: Provided, That such sums as are necessary may be used for a demonstration project under section 8104 of title 5, United States Code, in which the Secretary may reimburse an employer, who is not the employer at the time of injury, for portions of the salary of a reemployed, disabled beneficiary: Provided further, That balances of reimbursements from Federal Government agencies unobligated on September 30, 1993, shall remain available until expended for the payment of compensation, benefits, and expenses: Provided further, That in addition there shall be transferred from the Postal Service fund to this appropriation such sums as the Secretary of Labor determines to be the cost of administration for Postal Service employees through September 30, 1994: Provided further, That the Secretary may require that any person filing a notice of injury or a claim for benefits under Subchapter 5, U.S.C., Chapter 81, or under Subchapter 33, U.S.C. 901, et seq. (the Longshore and Harbor Workers’ Compensation Act, as amended), provide as part of such notice and claim, such identifying information (including Social Security account number) as such regulations may prescribe.

BLACK LUNG DISABILITY TRUST FUND

(INCLUDING TRANSFER OF FUNDS)

    For payments from the Black Lung Disability Trust Fund, ( 16 ) [Struck out->] $1,001,575,000 [<-Struck out] $1,002,175,000, of which $947,967,000, shall be available until September 30, 1995, for payment of all benefits as authorized by section 9501(d) (1), (2), (4), and (7), of the Internal Revenue Code of 1954, as amended, and interest on advances as authorized by section 9501(c)(2) of that Act, and of which ( 17 ) [Struck out->] $28,929,000 [<-Struck out] $29,529,000 shall be available for transfer to Employment Standards Administration, Salaries and Expenses, and $24,384,000 for transfer to Departmental Management, Salaries and Expenses, and $295,000 for transfer to Departmental Management, Office of Inspector General, for expenses of operation and administration of the Black Lung Benefits program as authorized by section 9501(d)(5)(A) of that Act: Provided, That in addition, such amounts as may be necessary may be charged to the subsequent year appropriation for the payment of compensation, interest, or other benefits for any period subsequent to June 15 of the current year: Provided further, That in addition such amounts shall be paid from this fund into miscellaneous receipts as the Secretary of the Treasury determines to be the administrative expenses of the Department of the Treasury for administering the fund during the current fiscal year, as authorized by section 9501(d)(5)(B) of that Act.

Occupational Safety and Health Administration

SALARIES AND EXPENSES

    For necessary expenses for the Occupational Safety and Health Administration, ( 18 ) [Struck out->] $294,640,000 [<-Struck out] $297,244,000, including not to exceed $68,630,000, which shall be the maximum amount available for grants to States under section 23(g) of the Occupational Safety and Health Act, which grants shall be no less than fifty percent of the costs of State occupational safety and health programs required to be incurred under plans approved by the Secretary under section 18 of the Occupational Safety and Health Act of 1970: Provided, That none of the funds appropriated under this paragraph shall be obligated or expended to prescribe, issue, administer, or enforce any standard, rule, regulation, or order under the Occupational Safety and Health Act of 1970 which is applicable to any person who is engaged in a farming operation which does not maintain a temporary labor camp and employs ten or fewer employees: Provided further, That no funds appropriated under this paragraph shall be obligated or expended to administer or enforce any standard, rule, regulation, or order under the Occupational Safety and Health Act of 1970 with respect to any employer of ten or fewer employees who is included within a category having an occupational injury lost workday case rate, at the most precise Standard Industrial Classification Code for which such data are published, less than the national average rate as such rates are most recently published by the Secretary, acting through the Bureau of Labor Statistics, in accordance with section 24 of that Act (29 U.S.C. 673), except--

      (1) to provide, as authorized by such Act, consultation, technical assistance, educational and training services, and to conduct surveys and studies;

      (2) to conduct an inspection or investigation in response to an employee complaint, to issue a citation for violations found during such inspection, and to assess a penalty for violations which are not corrected within a reasonable abatement period and for any willful violations found;

      (3) to take any action authorized by such Act with respect to imminent dangers;

      (4) to take any action authorized by such Act with respect to health hazards;

      (5) to take any action authorized by such Act with respect to a report of an employment accident which is fatal to one or more employees or which results in hospitalization of two or more employees, and to take any action pursuant to such investigation authorized by such Act; and

      (6) to take any action authorized by such Act with respect to complaints of discrimination against employees for exercising rights under such Act:

    Provided further, That the foregoing proviso shall not apply to any person who is engaged in a farming operation which does not maintain a temporary labor camp and employs ten or fewer employees.

Mine Safety and Health Administration

salaries and expenses

    For necessary expenses for the Mine Safety and Health Administration, ( 19 ) [Struck out->] $193,858,000 [<-Struck out] $195,002,000, of which $5,740,000 shall be for the State Grants Program, including purchase and bestowal of certificates and trophies in connection with mine rescue and first-aid work, and the hire of passenger motor vehicles; the Secretary is authorized to accept lands, buildings, equipment, and other contributions from public and private sources and to prosecute projects in cooperation with other agencies, Federal, State, or private; the Mine Safety and Health Administration is authorized to promote health and safety education and training in the mining community through cooperative programs with States, industry, and safety associations; and any funds available to the Department may be used, with the approval of the Secretary, to provide for the costs of mine rescue and survival operations in the event of a major disaster: Provided, That none of the funds appropriated under this paragraph shall be obligated or expended to carry out section 115 of the Federal Mine Safety and Health Act of 1977 or to carry out that portion of section 104(g)(1) of such Act relating to the enforcement of any training requirements, with respect to shell dredging, or with respect to any sand, gravel, surface stone, surface clay, colloidal phosphate, or surface limestone mine.

Bureau of Labor Statistics

salaries and expenses

    For necessary expenses for the Bureau of Labor Statistics, including advances or reimbursements to State, Federal, and local agencies and their employees for services rendered, ( 20 ) [Struck out->] $281,768,000 [<-Struck out] $282,018,000, together with not to exceed ( 21 ) [Struck out->] $51,927,000 [<-Struck out] $51,227,000, which may be expended from the Employment Security Administration account in the Unemployment Trust Fund.

Departmental Management

salaries and expenses

    For necessary expenses for Departmental Management, including the hire of five sedans, and including up to $4,320,000 for the President’s Committee on Employment of People With Disabilities, ( 22 ) [Struck out->] $142,242,000 [<-Struck out] $143,127,000, together with not to exceed $332,000, which may be expended from the Employment Security Administration account in the Unemployment Trust Fund.

working capital fund

    ( 23 ) [Struck out->] Hereafter, funds received for services rendered to any entity or person for use of Departmental facilities, including associated utilities and security services, shall be credited to and merged with this fund. [<-Struck out]

    For expenses necessary for the maintenance and operation of a comprehensive program of centralized services which the Secretary of Labor may prescribe and deem appropriate and advantageous to provide on a reimbursable basis under the provisions of the Economy Act (subject to prior notice to OMB) in the national office and field: Provided, That such fund shall be reimbursed in advance from funds available to agencies, bureaus, and offices for which such centralized services are performed at rates which will return in full cost of operations including services obtained through cooperative administrative services units under the Economy Act, including reserves for accrued annual leave, worker’s compensation, depreciation of capitalized equipment, and amortization of ADP software and systems (either acquired or donated): Provided further, That funds received for services rendered to any entity or person for use of Departmental facilities, including associated utilities and security services, shall be credited to and merged with this fund.

ASSISTANT SECRETARY FOR VETERANS EMPLOYMENT AND TRAINING

    Not to exceed $186,648,000 may be derived from the Employment Security Administration account in the Unemployment Trust Fund to carry out the provisions of 38 U.S.C. 2001-10 and 2021-26.

office of inspector general

    For salaries and expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, as amended, $47,215,000, together with not to exceed $3,990,000, which may be expended from the Employment Security Administration account in the Unemployment Trust Fund.

GENERAL PROVISION

    SEC. 101. The Secretary of Labor is authorized to accept, in the name of the Department of Labor, and employ or dispose of in furtherance of authorized activities of the Department of Labor, any money or property, real, personal, or mixed, tangible or intangible, received by gift, devise, bequest, or otherwise.

    ( 24 ) Sec. 102. Section 8102 of title 5, United States Code (‘the Act’) is amended to redesignate subsection (b) of subsection (c) and to add the following new subsection (b):

    ‘(b) An individual convicted of a violation of 18 U.S.C. 1920, or of any felony fraud related to the application for or receipt of benefits under subchapter I or III or chapter 81 of title 5, shall (in addition to any other penalties provided by this subchapter) as of the date of the conviction, forfeit all entitlement to any prospective benefits provided by subchapter I or III for any injury occurring on or before the date of the conviction.’.

    ( 25 ) Sec. 103. None of the funds appropriated under this Act shall be expended by the Secretary of Labor to implement or administer either the final or proposed regulations referred to in section 303 of Public Law 102-27.

    This title may be cited as the ‘Department of Labor Appropriations Act, 1994’.

TITLE II--DEPARTMENT OF HEALTH AND HUMAN SERVICES

Health Resources and Services Administration

HEALTH RESOURCES AND SERVICES

    For carrying out titles II, III, VII, VIII, X, XII, XIX, ( 26 ) and XXVI XXVI, and XXVII of the Public Health Service Act, section 427(a) of the Federal Coal Mine Health and Safety Act, title V of the Social Security Act, the Health Care Quality Improvement Act of 1986, as amended, Public Law 101-527, and the Native Hawaiian Health Care Act of 1988, as amended, ( 27 ) $2,833,588,000 $2,954,341,000, of which $415,000 shall remain available until expended for interest subsidies on loan guarantees made prior to fiscal year 1981 under part B of title VII of the Public Health Service Act: Provided, That when the Department of Health and Human Services administers or operates an employee health program for any Federal department or agency, payment for the full estimated cost shall be made by way of reimbursement or in advance to this appropriation: Provided further, That of the funds made available under this heading, $942,000 shall be available until expended for facilities renovations at the Gillis W. Long Hansen’s Disease Center ( 28 ) : Provided further, That no more than $5,000,000 is available for carrying out the provisions of Public Law 102-501: Provided further, That in addition to fees authorized by section 427(b) of the Health Care Quality Improvement Act of 1986, fees shall be collected for the full disclosure of information under the Act sufficient to recover the full costs of operating the National Practitioner Data Bank, and shall remain available until expended to carry out that Act.

medical facilities guarantee and loan fund

FEDERAL INTEREST SUBSIDIES FOR MEDICAL FACILITIES

    For carrying out subsections (d) and (e) of section 1602 of the Public Health Service Act, $9,000,000, together with any amounts received by the Secretary in connection with loans and loan guarantees under title VI of the Public Health Service Act, to be available without fiscal year limitation for the payment of interest subsidies. During the fiscal year, no commitments for direct loans or loan guarantees shall be made.

health education assistance loans program

    For the cost of guaranteed loans, such sums as may be necessary to carry out the purpose of the program, as authorized by title VII of the Public Health Service Act, as amended: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, That these funds are available to subsidize gross obligations for the total loan principal any part of which is to be guaranteed at not to exceed $375,000,000. In addition, for administrative expenses to carry out the guaranteed loan program, $2,946,000.

VACCINE INJURY COMPENSATION PROGRAM TRUST FUND

    For payments from the Vaccine Injury Compensation Program Trust Fund, such sums as may be necessary for claims associated with vaccine-related injury or death with respect to vaccines administered after September 30, 1988, pursuant to subtitle 2 of title XXI of the Public Health Service Act, to remain available until expended: Provided, That for necessary administrative expenses, not to exceed ( 29 ) [Struck out->] $2,500,000 [<-Struck out] $3,000,000 shall be available from the Trust Fund to the Secretary of Health and Human Services.

VACCINE INJURY COMPENSATION

    For payment of claims resolved by the United States Court of Federal Claims related to the administration of vaccines before October 1, 1988, ( 30 ) [Struck out->] $80,000,000 [<-Struck out] $110,000,000, to remain available until expended.

Centers for Disease Control and Prevention

DISEASE CONTROL, RESEARCH, AND TRAINING

    To carry out titles II, III, VII, XI, XV, XVII, ( 31 ) [Struck out->] and XIX [<-Struck out] XIX, and XXVII of the Public Health Service Act, sections 101, 102, 103, 201, 202, and 203 of the Federal Mine Safety and Health Act of 1977, and sections 20, 21, and 22 of the Occupational Safety and Health Act of 1970; including insurance of official motor vehicles in foreign countries; and hire, maintenance, and operation of aircraft, ( 32 ) [Struck out->] $1,910,182,000 [<-Struck out] $2,088,781,000, of which $16,648,000 shall remain available until expended for equipment and construction and renovation of facilities, and in addition, such sums as may be derived from authorized user fees, which shall be credited to this account: Provided, That training of private persons shall be made subject to reimbursement or advances to this appropriation for not in excess of the full cost of such training: Provided further, That funds appropriated under this heading shall be available for payment of the costs of medical care, related expenses, and burial expenses hereafter incurred by or on behalf of any person who had participated in the study of untreated syphilis initiated in Tuskegee, Alabama, in 1932, in such amounts and subject to such terms and conditions as prescribed by the Secretary of Health and Human Services and for payment, in such amounts and subject to such terms and conditions, of such costs and expenses hereafter incurred by or on behalf of such person’s wife or offspring determined by the Secretary to have suffered injury or disease from syphilis contracted from such person: Provided further, That amounts received by the National Center for Health Statistics from reimbursements and interagency agreements and the sale of data tapes may be credited to this appropriation and shall remain available until expended: Provided further, That in addition to amounts provided herein, up to $28,873,000 shall be available from amounts available under section 241 of the Public Health Service Act, to carry out the National Center for Health Statistics surveys.

National Institutes of Health

NATIONAL CANCER INSTITUTE

    For carrying out section 301 and title IV of the Public Health Service Act with respect to cancer, $2,082,267,000.

NATIONAL HEART, LUNG, AND BLOOD INSTITUTE

    For carrying out sections 301 and 1105 and title IV of the Public Health Service Act with respect to cardiovascular, lung, and blood diseases, and blood and blood products, $1,277,880,000.

NATIONAL INSTITUTE OF DENTAL RESEARCH

    For carrying out section 301 and title IV of the Public Health Service Act with respect to dental disease, $169,520,000.

NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND KIDNEY DISEASES

    For carrying out section 301 and title IV of the Public Health Service Act with respect to diabetes and digestive and kidney diseases, $716,054,000.

NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS AND STROKE

    For carrying out section 301 and title IV of the Public Health Service Act with respect to neurological disorders and stroke, $630,650,000.

NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES

    For carrying out section 301 and title IV of the Public Health Service Act with respect to allergy and infectious diseases, $1,065,583,000.

NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES

    For carrying out section 301 and title IV of the Public Health Service Act with respect to general medical sciences, $875,511,000.

NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN DEVELOPMENT

    For carrying out section 301 and title IV of the Public Health Service Act with respect to child health and human development, $555,195,000.

NATIONAL EYE INSTITUTE

    For carrying out section 301 and title IV of the Public Health Service Act with respect to eye diseases and visual disorders, $290,260,000.

NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES

    For carrying out sections 301 and 311, and title IV of the Public Health Service Act with respect to environmental health sciences, $264,249,000.

NATIONAL INSTITUTE ON AGING

    For carrying out section 301 and title IV of the Public Health Service Act with respect to aging, $420,303,000.

NATIONAL INSTITUTE OF ARTHRITIS AND MUSCULOSKELETAL AND SKIN DISEASES

    For carrying out section 301 and title IV of the Public Health Service Act with respect to arthritis, and musculoskeletal and skin diseases, $223,280,000.

NATIONAL INSTITUTE ON DEAFNESS AND OTHER COMMUNICATION DISORDERS

    For carrying out section 301 and title IV of the Public Health Service Act with respect to deafness and other communication disorders, $162,823,000.

NATIONAL INSTITUTE OF NURSING RESEARCH

    For carrying out section 301 and title IV of the Public Health Service Act with respect to nursing research, $51,018,000.

NATIONAL INSTITUTE ON ALCOHOL ABUSE AND ALCOHOLISM

    For carrying out section 301 and title IV of the Public Health Service Act with respect to alcohol abuse, and alcoholism, $185,617,000.

NATIONAL INSTITUTE ON DRUG ABUSE

    For carrying out section 301 and title IV of the Public Health Service Act with respect to drug abuse, $425,201,000.

NATIONAL INSTITUTE OF MENTAL HEALTH

    For carrying out section 301 and title IV of the Public Health Service Act with respect to mental health, $613,444,000.

NATIONAL CENTER FOR RESEARCH RESOURCES

    For carrying out section 301 and title IV of the Public Health Service Act with respect to research resources and general research support grants, ( 33 ) [Struck out->] $328,915,000 [<-Struck out] $332,915,000: Provided, That none of these funds shall be used to pay recipients of the general research support grants program any amount for indirect expenses in connection with such grants ( 34 ) : Provided further, That $8,000,000 shall be for extramural facilities construction grants to be awarded on a competitive basis and in accordance with the criteria of section 481A(c)(2) of subpart 1 of part E of title IV.

NATIONAL CENTER FOR HUMAN GENOME RESEARCH

    For carrying out section 301 and title IV of the Public Health Service Act with respect to human genome research, ( 35 ) [Struck out->] $119,030,000 [<-Struck out] $131,925,000.

JOHN E. FOGARTY INTERNATIONAL CENTER

    For carrying out the activities at the John E. Fogarty International Center, ( 36 ) [Struck out->] $22,240,000 [<-Struck out] $19,988,000.

NATIONAL LIBRARY OF MEDICINE

    For carrying out section 301 and title IV of the Public Health Service Act with respect to health information communications, ( 37 ) [Struck out->] $118,481,000 [<-Struck out] $120,481,000.

OFFICE OF THE DIRECTOR

(INCLUDING TRANSFER OF FUNDS)

    For carrying out the responsibilities of the Office of the Director, National Institutes of Health, ( 38 ) [Struck out->] $224,746,000 [<-Struck out] $241,225,000: Provided, That funding shall be available for the purchase of not to exceed five passenger motor vehicles for replacement only ( 39 ) : Provided further, That of the funds made available under this heading, $15,000,000 shall be made available for the Director’s Discretionary Fund, of which $12,000,000 shall be allocated to the relevant Institutes, Centers and Divisions to support the activities of the Decade of the Brain Program: Provided further, That the Director may direct up to 1 percent of the total amount made available in this Act to all National Institutes of Health appropriations to emergency activities the Director may so designate: Provided further, That no such appropriation shall be increased or decreased by more than 1 percent by any such transfers and that the Congress is promptly notified of the transfer.

BUILDINGS AND FACILITIES

    For construction of, and acquisition of equipment for, facilities of or used by the National Institutes of Health, including the acquisition of real property, ( 40 ) [Struck out->] $114,385,000 [<-Struck out] $101,000,000, to remain available until expended.

Substance Abuse and Mental Health Services Administration

SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

    For carrying out the Public Health Service Act with respect to substance abuse and mental health services, section 612 of Public Law 100-77, as amended, and the Protection and Advocacy for Mentally Ill Individuals Act of 1986, ( 41 ) [Struck out->] $2,057,167,000 [<-Struck out] $2,119,205,000, of which $952,000, together with unobligated balances for facilities renovation, shall be available for maintenance and repair of Federally-owned facilities at Saint Elizabeths Hospital and shall remain available until expended: Provided, That no portion of amounts appropriated for the programs of the Department of Health and Human Services shall be available for obligation pursuant to section 571 of the Public Health Service Act, other than an amount of ( 42 ) [Struck out->] $4,000,000 [<-Struck out] $3,000,000 from amounts appropriated to carry out section 510 of that Act.

Assistant Secretary for Health

OFFICE OF THE ASSISTANT SECRETARY FOR HEALTH

    For the expenses necessary for the Office of the Assistant Secretary for Health and for carrying out titles III, XVII, XX, and XXI of the Public Health Service Act, ( 43 ) [Struck out->] $68,758,000 [<-Struck out] $71,167,000, and, in addition, amounts received by the Public Health Service from Freedom of Information Act fees, reimbursable and interagency agreements and the sale of data tapes shall be credited to this appropriation and shall remain available until expended.

RETIREMENT PAY AND MEDICAL BENEFITS FOR COMMISSIONED OFFICERS

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

Agency for Health Care Policy and Research

HEALTH CARE POLICY AND RESEARCH

    For carrying out titles III and IX of the Public Health Service Act, and part A of title XI of the Social Security Act, ( 44 ) [Struck out->] $129,051,000 [<-Struck out] $139,305,000, together with not to exceed $4,792,000 to be transferred from the Federal Hospital Insurance and the Federal Supplementary Medical Insurance Trust Funds, as authorized by section 1142 of the Social Security Act and not to exceed $994,000 to be transferred from the Federal Hospital Insurance and the Federal Supplementary Medical Insurance Trust Funds, as authorized by section 201(g) of the Social Security Act; and, in addition, amounts received from Freedom of Information Act fees, reimbursable and interagency agreements, and the sale of data tapes shall be credited to this appropriation and shall remain available until expended: Provided, That the amount made available pursuant to section 926(b) of the Public Health Service Act shall not exceed $13,204,000.

Health Care Financing Administration

GRANTS TO STATES FOR MEDICAID

    For carrying out, except as otherwise provided, titles XI and XIX of the Social Security Act, $64,477,413,000, to remain available until expended.

    For making, after May 31, 1994, payments to States under title XIX of the Social Security Act for the last quarter of fiscal year 1994 for unanticipated costs, incurred for the current fiscal year, such sums as may be necessary.

    ( 45 ) For making payments to States under title XIX of the Social Security Act for the first quarter of fiscal year 1995, $26,600,000,000 to remain available until expended.

    Payment under title XIX may be made for any quarter with respect to a State plan or plan amendment in effect during such quarter, if submitted in or prior to such quarter and approved in that or any subsequent quarter.

PAYMENTS TO HEALTH CARE TRUST FUNDS

    For payment to the Federal Hospital Insurance and the Federal Supplementary Medical Insurance Trust Funds, as provided under sections 217(g) and 1844 of the Social Security Act, sections 103(c) and 111(d) of the Social Security Amendments of 1965, section 278(d) of Public Law 97-248, and for administrative expenses incurred pursuant to section 201(g) of the Social Security Act, $45,731,440,000.

program management

    For carrying out, except as otherwise provided, titles XI, XVIII, and XIX of the Social Security Act, title XIII of the Public Health Service Act, the Clinical Laboratory Improvement Amendments of 1988, section 4360 of Public Law 101-508, and section 4005(e) of Public Law 100-203, not to exceed ( 46 ) [Struck out->] $2,172,598,000 [<-Struck out] $2,192,414,000, together with all funds collected in accordance with section 353 of the Public Health Service Act, the latter funds to remain available until expended; the ( 47 ) [Struck out->] $2,172,598,000 [<-Struck out] $2,192,414,000 to be transferred to this appropriation as authorized by section 201(g) of the Social Security Act, from the Federal Hospital Insurance and the Federal Supplementary Medical Insurance Trust Funds: Provided, That all funds derived in accordance with 31 U.S.C. 9701 from organizations established under title XIII of the Public Health Service Act are to be credited to this appropriation.

Social Security Administration

payments to social security trust funds

    For payment to the Federal Old-Age and Survivors Insurance and the Federal Disability Insurance Trust Funds, as provided under sections 201(m), 228(g), and 1131(b)(2) of the Social Security Act, $28,178,000.

special benefits for disabled coal miners

    For carrying out title IV of the Federal Mine Safety and Health Act of 1977, $575,181,000, to remain available until expended.

    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.

    ( 48 ) For making benefit payments under title IV of the Federal Mine Safety and Health Act of 1977 for the first quarter of fiscal year 1995, $190,000,000, 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, ( 49 ) [Struck out->] $20,181,775,000 [<-Struck out] $20,172,775,000, to remain available until expended: Provided, That any portion of the funds provided to a State in the current fiscal year and not obligated by the State during that year shall be returned to the Treasury.

    For making, after ( 50 ) [Struck out->] July 31 [<-Struck out] 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.

    ( 51 ) For carrying out title XVI of the Social Security Act for the first quarter of fiscal year 1995, $6,770,000,000, to remain available until expended.

limitation on administrative expenses

    For necessary expenses, not more than ( 52 ) [Struck out->] $4,874,285,000 [<-Struck out] $4,876,085,000 may be expended, as authorized by section 201(g)(1) of the Social Security Act ( 53 ) or as necessary to carry out sections 9704 and 9706 of the Internal Revenue Code of 1986 as such sections were in effect on January 1, 1993, from any one or all of the trust funds referred to therein ( 54 ) : Provided, That no more than $542,398,000 shall be derived from the Federal Hospital Insurance and the Federal Supplementary Medical Insurance Trust Funds: Provided further, That reimbursement to the Trust Funds under this heading for administrative expenses to carry out sections 9704 and 9706 of the Internal Revenue Code of 1986 shall be made, with interest, not later than September 30, 1996: Provided further, That not more than $1,800,000 is available for expenses necessary for the Commission on the Social Security ‘Notch’ Issue, established by section 635 of Public Law 102-393 as amended.

    In addition to funding already available under this heading, and subject to the same terms and conditions, $320,000,000, of which $260,000,000 shall be derived from the Federal Disability Insurance Trust Fund, for disability caseload processing.

    In addition to funding already available under this heading, and subject to the same terms and conditions, ( 55 ) [Struck out->] $330,000,000 [<-Struck out] $220,000,000, which shall remain available until expended, to invest in a state-of-the-art computing network, including related equipment and administrative expenses associated solely with this network, for the Social Security Administration and the State Disability Determination Services, may be expended from any or all of the trust funds as authorized by section 201(g)(1) of the Social Security Act.

Administration for Children and Families

family support payments to states

    For making payments to States or other non-Federal entities, except as otherwise provided, under titles I, IV-A (other than section 402(g)(6)) and D, X, XI, XIV, and XVI of the Social Security Act, and the Act of July 5, 1960 (24 U.S.C. ch. 9), $11,915,966,000, to remain available until expended.

    For making, after May 31 of the current fiscal year, payments to States or other non-Federal entities under titles I, IV-A and D, X, XI, XIV, and XVI of the Social Security Act, for the last three months of the current year for unanticipated costs, incurred for the current fiscal year, such sums as may be necessary.

    ( 56 ) For making payments to States or other non-Federal entities under titles I, IV-A (other than section 402(g)(6)) and D, X, XI, XIV, and XVI of the Social Security Act and the Act of July 5, 1960 (24 U.S.C. ch. 9) for the first quarter of fiscal year 1995, $4,200,000,000 to remain available until expended.

payments to states for afdc work programs

    For carrying out aid to families with dependent children work programs, as authorized by part F of title IV of the Social Security Act, $1,100,000,000.

( 57 ) low income home energy assistance

    For making payments under title XXVI of the Omnibus Budget Reconciliation Act of 1981, $1,507,408,000 to be available for obligation in the period October 1, 1994 through June 30, 1995, of which $100,000,000 shall be available for reimbursing States for costs incurred during the period October 1, 1993 through September 30, 1994.

    For making payments under title XXVI of the Omnibus Budget Reconciliation Act of 1981, an additional $600,000,000: Provided, That all funds available under this paragraph 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 of 1985.

refugee and entrant assistance

    For making payments for refugee and entrant assistance activities authorized by title IV of the Immigration and Nationality Act and section 501 of the Refugee Education Assistance Act of 1980 (Public Law 96-422), $400,000,000.

community services block grant

    For making payments under the Community Services Block Grant Act, section 408 of Public Law 99-425, and the Stewart B. McKinney Homeless Assistance Act, ( 58 ) [Struck out->] $447,643,000 [<-Struck out] $472,649,000, including $12,000,000 which shall be for carrying out the National Youth Sports Program: Provided, That payments from such amount to the grantee and subgrantee administering the National Youth Sports Program may not exceed the aggregate amount contributed in cash or in kind by the grantee and subgrantee: Provided further, That amounts in excess of $9,400,000 of such amount may not be made available to the grantee and subgrantees administering the National Youth Sports Program unless the grantee agrees to provide contributions in cash over and above the preceding years cash contribution to such program in an amount that equals 50 percent of such excess amount: Provided further, That notwithstanding any other provision of this Act, no department, agency, or instrumentality of the United States Government receiving appropriated funds under this Act for fiscal year 1994 shall, during fiscal year 1994, obligate and expend funds for consulting services in excess of an amount equal to 96.48 percent of the amount estimated to be obligated and expended by such department, agency, or instrumentality for such services during fiscal year 1994: Provided further, That notwithstanding any other provision of this Act, the aggregate amount of funds appropriated by this Act to any such department, agency, or instrumentality for fiscal year 1994 is reduced by an amount equal to 3.52 percent of the amount expected to be expended by such department, agency or instrumentality during fiscal year 1994 for consulting services. As used in the preceding two provisos, the term ‘consulting services’ includes any services within the definition of sub-object class 25.1 as described in the Office of Management and Budget Circular A-11, dated August 4, 1993.

payments to states for child care assistance

    For carrying out sections 658A through 658R of the Omnibus Budget Reconciliation Act of 1981, $892,711,000 ( 59 ) , which shall be available for obligation under the same statutory terms and conditions applicable in the prior fiscal year.

social services block grant

    ( 60 ) [Struck out->] For monthly payments to States for carrying out title XX of the Social Security Act, $2,800,000,000. [<-Struck out]

    For making grants to States pursuant to section 2002 of the Social Security Act, $2,800,000,000. For carrying out section 2007 of the Social Security Act, an additional $1,000,000,000, which shall remain available until expended.

children and families services programs

    For carrying out, except as otherwise provided, the Runaway and Homeless Youth Act, the Developmental Disabilities Assistance and Bill of Rights Act, the State Dependent Care Development Grants Act, the Head Start Act, the Child Development Associate Scholarship Assistance Act of 1985, the Child Abuse Prevention and Treatment Act, chapters 1 and 2 of subtitle B of title III of the Anti-Drug Abuse Act of 1988, the Family Violence Prevention and Services Act, the Native American Programs Act of 1974, title II of Public Law 95-266 (adoption opportunities), the Temporary Child Care for Children with Disabilities and Crisis Nurseries Act of 1986, the Comprehensive Child Development Act, the Abandoned Infants Assistance Act of 1988, chapter 2 of subtitle A of title IX of Public Law 101-501, subtitle F of title VII of the Stewart B. McKinney Homeless Assistance Act, and part B of title IV and section 1110 of the Social Security Act, and for necessary administrative expenses to carry out said Acts and titles I, IV, X, XI, XIV, XVI, and XX of the Social Security Act, the Act of July 5, 1960 (24 U.S.C. ch. 9), the Omnibus Budget Reconciliation Act of 1981, section 204 of the Immigration Reform and Control Act of 1986, title IV of the Immigration and Nationality Act, section 501 of the Refugee Education Assistance Act of 1980, Public Law 100-77, ( 61 ) the Commission on Child and Family Welfare established under Public Law 102-521, and section 126 and titles IV and V of Public Law 100-485, ( 62 ) [Struck out->] $4,169,806,000 [<-Struck out] $4,296,796,000.

( 63 ) family support and preservation

    For carrying out section 430 of the Social Security Act, $60,000,000.

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, $2,992,900,000.

Administration on Aging

AGING SERVICES PROGRAMS

    For carrying out, to the extent not otherwise provided, the Older Americans Act of 1965, as amended, and section 10404 of Public Law 101-239 (volunteer senior aides demonstration), ( 64 ) [Struck out->] $841,875,000 [<-Struck out] $881,863,000.

Office of the Secretary

GENERAL DEPARTMENTAL MANAGEMENT

    For necessary expenses, not otherwise provided, for general departmental management, including hire of six medium sedans, ( 65 ) [Struck out->] $94,149,000 [<-Struck out] $92,793,000, together with $31,261,000, to be transferred and expended as authorized by section 201(g)(1) of the Social Security Act from any one or all of the trust funds referred to therein.

OFFICE OF INSPECTOR GENERAL

    For expenses necessary for the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, as amended, ( 66 ) [Struck out->] $62,379,000 [<-Struck out] $64,800,000, together with not to exceed $36,617,000, to be transferred and expended as authorized by section 201(g)(1) of the Social Security Act from any one or all of the trust funds referred to therein.

OFFICE FOR CIVIL RIGHTS

    For expenses necessary for the Office for Civil Rights, $18,308,000, together with not to exceed $3,874,000, to be transferred and expended as authorized by section 201(g)(1) of the Social Security Act from any one or all of the trust funds referred to therein.

POLICY RESEARCH

    For carrying out, to the extent not otherwise provided, research studies under section 1110 of the Social Security Act, $12,000,000.

GENERAL PROVISIONS

    SEC. 201. None of the funds made available by this Act for the National Institutes of Health, except for those appropriated to the ‘Office of the Director’, may be used to provide forward funding or multiyear funding of research project grants except in those cases where the Director of the National Institutes of Health has determined that such funding is specifically required because of the scientific requirements of a particular research project grant.

    SEC. 202. Funds appropriated in this title shall be available for not to exceed $37,000 for official reception and representation expenses when specifically approved by the Secretary.

    SEC. 203. The Secretary shall make available through assignment not more than 60 employees of the Public Health Service to assist in child survival activities and to work in AIDS programs through and with funds provided by the Agency for International Development, the United Nations International Children’s Emergency Fund or the World Health Organization.

    SEC. 204. None of the funds appropriated in this title for the National Institutes of Health and the Substance Abuse and Mental Health Services Administration shall be used to pay the salary of an individual, through a grant or other extramural mechanism, at a rate in excess of $125,000 per year.

    ( 67 ) [Struck out->] SEC. [Struck out->] 205. Notwithstanding any other provision of this Act, amounts available in this Act for administrative costs for each agency of the Public Health Service funded in this Act shall not exceed the amount set forth therefor for each such agency in the budget estimates and accompanying justification of estimates submitted for the appropriations. [<-Struck out] [<-Struck out]

    SEC. 206. None of the funds appropriated under this Act may be used to implement the provisions of section 706(e) of the ADAMHA Reorganization Act, Public Law 102-321, or section 399L(b) of the Public Health Service Act or section ( 68 ) [Struck out->] 1911(d) [<-Struck out] 1503 of the National Institutes of Health Revitalization Act of 1993, Public Law 103-43.

    ( 69 ) Sec. 207. For the purpose of carrying out subparts II and III part B of title XIX of the Public Health Service Act (42 U.S.C. 300x-21 et seq.) for fiscal years 1993 and 1994, the Secretary of Health and Human Services shall obligate $7,532,065 from the amounts made available pursuant to section 1935(b) of such Act for fiscal year 1994, of which $673,706 shall be available to Arkansas, $40,702 shall be available to Georgia, $144,331 shall be available to Hawaii, $488,178 shall be available to Idaho, $223,109 shall be available to Indiana, $820,641 shall be available to Iowa, $729,745 shall be available to Kansas, $609,672 shall be available to Kentucky, $69,682 shall be available to Louisiana, $34,514 shall be available to Maine, $349,997 shall be available to Minnesota, $8,626 shall be available to the Red Lake Indian Tribe, $500,441 shall be available to Mississippi, $184,176 shall be available to Montana, $231,450 shall be available to Nebraska, $8,896 shall be available to North Carolina, $97,530 shall be available to North Dakota, $66,083 shall be available to Ohio, $578,520 shall be available to Oklahoma, $557,924 shall be available to Oregon, $167,753 shall be available to South Carolina, $319,674 shall be available to Tennessee, $196,426 shall be available to West Virginia, $195,834 shall be available to Wisconsin, and $234,455 shall be available to Wyoming.

    ( 70 ) Sec. 208. Not to exceed $190,400,000 may be obligated in fiscal year 1994 for contracts with Utilization and Quality Control Peer Review Organizations pursuant to part B of title XI of the Social Security Act.

    ( 71 ) Sec. 209. None of the funds appropriated under this Act for the Medicaid Disproportionate Share Hospital payment program may be disbursed to a State until the Governor of such State certifies to the Secretary of Health and Human Services that such funds shall be expended solely for providing medical assistance under Medicaid: Provided, That it is the sense of the Senate that any health care reform legislation enacted by Congress should modify or eliminate the Medicaid Disproportionate Share Hospital payment program, because States are currently abusing the program by spending Federal matching funds for purposes unrelated to Medicaid.

    ( 72 ) sec. 210. restriction on payment of benefits to individuals confined by court order to public institutions pursuant to verdicts of not guilty by reason of insanity or other mental disorder.

    (a) IN GENERAL- Section 202(x)(1) of the Social Security Act (42 U.S.C. 402(x)(1)) is amended--

      (1) by inserting ‘(A)’ after ‘(1)’, and

      (2) by adding at the end the following new subparagraph:

        ‘(B) Notwithstanding any other provision of this title, no monthly benefits shall be paid under this section or under section 223 to any individual for any month during which such individual is confined in any public institution by a court order pursuant to a verdict that the individual is guilty, but insane or not guilty of an offense by reason of insanity (or by reason of a similar finding, such as a mental disease, a mental defect, or mental incompetence).’.

    (b) CONFORMING AMENDENTS-

      (1) The heading for section 202(x) of such Act is amended by inserting ‘and Certain Other Inmates of Public Institutions’ after ‘Prisoners’.

      (2) section 202(x)(3), is amended by striking ‘any individual’ and all that follows and inserting ‘any individual confined as described in paragraph (1) if the jail, prison, penal institution, correctional facility, or other public institution to which such individual is so confined is under the jurisdiction of such agency and the Secretary requires such information to carry out the provisions of this section.’.

    (c) EFFECTIVE DATE-

      (1) IN GENERAL- Except as provided in paragraph (2), the amendments made by this section shall apply with respect to benefits for months commencing 90 days after the date of the enactment of this Act.

      (2) SPECIAL RULE REGARDING PAYMENTS TO INSTITUTIONS- The amendment made by subsection (a) shall not apply to any payment with respect to any individual, if, as of the date of the enactment of this Act, such payment is made directly to the public institution to compensate such institution for the expense of institutionalizing such individual.

    This title may be cited as the ‘Department of Health and Human Services Appropriations Act, 1994’.

TITLE III--DEPARTMENT OF EDUCATION

EDUCATION REFORM

( 73 ) (including transfer of funds)

    ( 74 ) [Struck out->] For carrying out education reform activities including activities authorized by the Carl D. Perkins Vocational and Applied Technology Education Act and section 4601 of the Elementary and Secondary Education Act of 1965, $133,750,000, of which $3,750,000, under section 402 of the Perkins Act, shall be used by the Secretary for activities, including peer review of applications, related to school-to-work transition, and not less than $30,000,000 shall be used under section 420A of the Perkins Act for State grants to initiate activities in States and localities related to school-to-work transition. [<-Struck out]

    For carrying out education reform activities authorized in law, including activities authorized by the Carl D. Perkins Vocational and Applied Technology Education Act, $166,000,000, of which $5,000,000, under section 402 of the Perkins Act, shall be used by the Secretary for activities, including peer review of applications, related to school-to-work transition, and not less than $45,000,000 shall be used under section 420A of the Perkins Act for State grants and subgrants to initiate activities in States and localities related to school-to-work transition: Provided, That $116,000,000 of the funds provided shall be for carrying out activities authorized by the Goals 2000: Educate America Act, or similar legislation, if enacted into law by April 1, 1994 of which $5,000,000 shall be used for ‘State Planning for Improving Student Achievement Through Integration of Technology Into the Curriculum’; and that if such legislation is not enacted by that date, this amount shall be used for alleviation of the funding shortfall in the Pell Grant program under subpart 1 of Part A of title IV of the Higher Education Act of 1965: Provided further, That any funds appropriated in this account may be transferred as necessary to other Department of Education accounts.

COMPENSATORY EDUCATION FOR THE DISADVANTAGED

    For carrying out the activities authorized by chapter 1 of title I of the Elementary and Secondary Education Act of 1965, as amended, and by section 418A of the Higher Education Act, ( 75 ) [Struck out->] $6,871,147,000 [<-Struck out] $6,971,620,000, of which ( 76 ) [Struck out->] $6,844,682,000 [<-Struck out] $6,943,175,000 shall become available on July 1, 1994 and shall remain available through September 30, 1995: Provided, That ( 77 ) [Struck out->] $5,597,000,000 [<-Struck out] $5,687,000,000 shall be available for basic grants under section 1005 ( 78 ) [Struck out->] excluding subsection (a)(3) [<-Struck out] , $694,000,000 shall be available for concentration grants under section 1006, ( 79 ) [Struck out->] $39,734,000 [<-Struck out] $42,000,000 shall be available for capital expenses under section 1017, ( 80 ) [Struck out->] $89,123,000 [<-Struck out] $92,123,000 shall be available for the Even Start program under part B, ( 81 ) [Struck out->] $302,773,000 [<-Struck out] $306,000,000 shall be available for migrant education activities under subpart 1 of part D, $35,407,000 shall be available for delinquent and neglected education activities under subpart 3 of part D, $60,712,000 shall be for State administration under section 1404, $25,933,000 shall be for program improvement activities under section 1405, $13,100,000 shall be for evaluation and technical assistance under sections 1437 and 1463, and ( 82 ) [Struck out->] $2,980,000 [<-Struck out] $4,960,000 shall be for rural technical assistance under section 1459: Provided further, That no State shall receive less than $340,000 from the amounts made available under this appropriation for concentration grants under section 1006: Provided further, That no State shall receive less than $375,000 from the amounts made available under this appropriation for State administration grants under section 1404.

IMPACT AID

    For carrying out programs of financial assistance to federally affected schools as authorized by Public Laws 81-815 and 81-874, as amended, ( 83 ) [Struck out->] $813,074,000 [<-Struck out] $748,368,000: Provided, That ( 84 ) [Struck out->] $630,000,000 [<-Struck out] $563,780,000 shall be for payments under section 3(a), ( 85 ) [Struck out->] $123,629,000 [<-Struck out] $121,629,000 shall be for payments under section 3(b), ( 86 ) [Struck out->] $29,462,000 [<-Struck out] $34,762,000, to remain available until expended, shall be for payments under section 3(d)(2)(B), $16,293,000 shall be for payments under section 2, ( 87 ) [Struck out->] $1,786,000 shall be for payments under section 3(e), [<-Struck out] and $11,904,000, to remain available until expended, shall be for construction and renovation of school facilities, including $4,563,000 for awards under section 10, $3,770,000 for awards under sections 14(a) and 14(b), and $3,571,000 for awards under sections 5 and 14(c): Provided further, That all payments under section 3 shall be based on the number of children who, during the prior fiscal year, were in average daily attendance at the schools of a local educational agency and for whom such agency provided free public education, except that (1) any local educational agency that did not exist in the prior fiscal year and that would be eligible under this proviso for payments under section 3 for the current fiscal year had it been an operating local educational agency in the prior fiscal year, shall be paid on the basis of the number of children who, during the current fiscal year, are in average daily attendance at the schools of such agency and for whom such agency provides free public education; and (2) any local educational agency with an increase of 5 percent or more from the prior fiscal year to the current fiscal year in the number of children described in section 3 of the Act, as a direct result of activities of the United States, and that submits a written request to the Secretary, shall be paid on the basis of the number of children who, during the current fiscal year, are in average daily attendance at the schools of such agency and for whom such agency provides free public education: Provided further, That notwithstanding the provisions of section 3(d)(3)(A), aggregate current expenditure and average daily attendance data for the third preceding fiscal year shall be used to compute local contribution rates: Provided further, That notwithstanding the provisions of section 3(d)(2)(B), 3(d)(3)(B)(ii), and 3(h)(2), eligibility and entitlement determinations for those sections shall be computed on the basis of data from the fiscal year preceding each fiscal year described in those respective sections as they were in effect for fiscal year 1991.

SCHOOL IMPROVEMENT PROGRAMS

    For carrying out the activities authorized by chapter 2 of title I and titles II, III, IV, V, without regard to sections 5112(a) and 5112(c)(2)(A), and VI of the Elementary and Secondary Education Act of 1965; the Stewart B. McKinney Homeless Assistance Act; the Civil Rights Act of 1964; title V of the Higher Education Act; title IV of Public Law 100-297; and the Follow Through Act; ( 88 ) [Struck out->] $1,339,178,000 [<-Struck out] $1,393,893,000, of which ( 89 ) [Struck out->] $1,014,709,000 [<-Struck out] $1,065,101,000 shall become available on July 1, 1994, and remain available through September 30, 1995: Provided, That of the amount appropriated, ( 90 ) [Struck out->] $24,925,000 [<-Struck out] $25,196,000 shall be for national programs under part B of chapter 2 of title I, and ( 91 ) [Struck out->] $246,016,000 [<-Struck out] $252,658,000 shall be for State grants for mathematics and science education under part A of title II of the Elementary and Secondary Education Act of 1965 ( 92 ) : Provided further, That of the amount provided for the State and local programs under part B of title V of the Elementary and Secondary Education Act, up to $32,838,000 may be used for Department of Education activities authorized under the Safe Schools Act, or similar legislation, if such legislation is enacted by April 1, 1994; and any funds used for such activities shall be available from October 1, 1993 through September 30, 1994.

BILINGUAL AND IMMIGRANT EDUCATION

    For carrying out, to the extent not otherwise provided, title VII and part D of title IV of the Elementary and Secondary Education Act, ( 93 ) [Struck out->] $242,789,000 [<-Struck out] $232,251,000, of which ( 94 ) [Struck out->] $36,672,000 [<-Struck out] $35,708,000 shall be for training activities under part C of title VII, and ( 95 ) [Struck out->] $40,000,000 [<-Struck out] $35,968,000, which shall become available on July 1, 1994 and remain available until September 30, 1995, shall be for immigrant education activities authorized by part D of title IV.

SPECIAL EDUCATION

    For carrying out the Individuals with Disabilities Education Act and title I, chapter 1, part D, subpart 2 of the Elementary and Secondary Education Act of 1965, ( 96 ) [Struck out->] $3,039,442,000 [<-Struck out] $3,134,734,000, of which ( 97 ) [Struck out->] $2,108,218,000 [<-Struck out] $2,163,508,000 for section 611, ( 98 ) [Struck out->] $325,773,000 [<-Struck out] $343,751,000 for section 619, ( 99 ) [Struck out->] $243,769,000 [<-Struck out] $256,280,000 for section 686 and ( 100 ) [Struck out->] $113,755,000 [<-Struck out] $120,000,000 for title I, chapter 1, part D, subpart 2 shall become available for obligation on July 1, 1994, and shall remain available through September 30, 1995: Provided, That any State agency eligible to receive funds under such subpart shall, at a State’s discretion, be deemed to be a local educational agency for the purposes of part B of the Individuals with Disabilities Education Act: Provided further, That no State shall receive more per child under such subpart than it received for fiscal year 1993: Provided further, That any funds for such subpart that are not allocated because of the preceding proviso shall be available for carrying out section 611 of the Individuals with Disabilities Education Act.

REHABILITATION SERVICES AND DISABILITY RESEARCH

    For carrying out, to the extent not otherwise provided, the Rehabilitation Act of 1973, ( 101 ) [Struck out->] Public Law 100-407 [<-Struck out] the Technology-Related Assistance for Individuals with Disabilities Act, and the Helen Keller National Center Act, as amended, ( 102 ) [Struck out->] $2,251,028,000 [<-Struck out] $2,316,913,000.

Special Institutions for Persons With Disabilities

AMERICAN PRINTING HOUSE FOR THE BLIND

    For carrying out the Act of March 3, 1879, as amended (20 U.S.C. 101 et seq.), $6,463,000.

national technical institute for the deaf

    For the National Technical Institute for the Deaf under titles I and II of the Education of the Deaf Act of 1986 (20 U.S.C. 4301 et seq.), $41,836,000, of which $336,000 shall be for the endowment program as authorized under section 207 and shall be available until expended and $193,000 shall be for construction and shall be available until expended.

gallaudet university

    For the Kendall Demonstration Elementary School, the Model Secondary School for the Deaf, and the partial support of Gallaudet University under titles I and II of the Education of the Deaf Act of 1986 (20 U.S.C. 4301 et seq.), ( 103 ) [Struck out->] $77,435,000 [<-Struck out] $79,435,000, of which $1,000,000 shall be for the endowment program as authorized under section 207 and shall be available until expended ( 104 ) and $2,000,000 shall be for construction and shall be available until expended.

vocational and adult education

    For carrying out, to the extent not otherwise provided, the Carl D. Perkins Vocational and Applied Technology Education Act, the Adult Education Act, and the Stewart B. McKinney Homeless Assistance Act, ( 105 ) [Struck out->] $1,474,243,000 [<-Struck out] $1,483,433,000, of which $300,000 for the national assessment of vocational education shall become available October 1, 1993 and remain available until expended; $2,946,000 for tribally controlled postsecondary vocational institutions shall become available on October 1, 1993 and remain available until September 30, 1994; and the remainder shall become available on July 1, 1994 and shall remain available through September 30, 1995: Provided, That of the amounts made available under the Carl D. Perkins Vocational and Applied Technology Education Act, $436,000 of the amount available for Tech-Prep shall be for evaluation of the program and ( 106 ) [Struck out->] $31,327,000 [<-Struck out] $40,327,000 shall be for national programs under title IV, including $9,662,000 for research, of which $6,000,000 shall be for the National Center for Research on Vocational Education; ( 107 ) [Struck out->] $16,705,000 [<-Struck out] $25,705,000 for demonstrations, notwithstanding section 411(b) ( 108 ) , including $5,000,000 for model community education and employment centers; and $4,960,000 for data systems: Provided further, That of the amounts made available under the Adult Education Act, $3,928,000 shall be for national programs under section 383, and $4,909,000 shall be for the National Institute for Literacy under section 384.

student financial assistance

    For carrying out subparts 1, 3, and 4 of part A, and parts C, E, ( 109 ) G, and H of title IV of the Higher Education Act of 1965, as amended, ( 110 ) [Struck out->] $8,120,366,000 [<-Struck out] $8,004,293,000, which shall remain available through September 30, 1995: Provided, That the maximum Pell Grant for which a student shall be eligible during award year 1994-1995 shall be ( 111 ) [Struck out->] $2,250 [<-Struck out] $2,300: Provided further, That notwithstanding section 484(f) of such Act, the Secretary may, without limitation, require an institution of higher education to verify the accuracy of data used to determine student eligibility for assistance under title IV of that Act.

FEDERAL FAMILY EDUCATION LOAN PROGRAM ACCOUNT

    For the cost of Federal Family Education loans, including administrative costs other than Federal administrative costs, as authorized by title IV, part B, of the Higher Education Act, as amended, such sums as may be necessary to carry out the purposes of the program: Provided, That such costs, including costs of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974, as amended. In addition, for Federal administrative expenses to carry out guaranteed student loans authorized by title IV, part B, of the Higher Education Act, as amended, $72,466,000.

( 112 ) [Struck out->] guaranteed student loans program account [<-Struck out]

[Struck out->] (RESCISSION) [<-Struck out]

    [Struck out->] The amounts provided under this heading in Public Law 102-394 for programs authorized by title XIV of the Higher Education Act are rescinded. [<-Struck out]

federal direct ( 113 ) STUDENT loan program account

    For the cost of ( 114 ) [Struck out->] the direct loan demonstration program authorized by [Struck out->] section 451 of Public Law 102-325 (106 Stat. 569) [<-Struck out] direct loans authorized by title IV, part D, of the Higher Education Act, as amended, such sums as may be necessary to carry out the purposes of the program, including such sums as may be derived from negative subsidy receipts: Provided, That such costs, including costs of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974. [<-Struck out]

higher education

    For carrying out, to the extent not otherwise provided, titles I, III, IV, V, VI, VII, VIII, IX, part A ( 115 ) [Struck out->] and subpart 1 of part B [<-Struck out] , subpart 1 of part B and part D of title X, XI, without regard to section 1151, and XII ( 116 ) [Struck out->] and section 1410 [<-Struck out] of the Higher Education Act of 1965, as amended; the Mutual Educational and Cultural Exchange Act of 1961; and title VI of the Excellence in Mathematics, Science and Engineering Education Act of 1990; ( 117 ) [Struck out->] $889,855,000 [<-Struck out] $882,974,000, of which $7,565,000 for endowment activities under section 331 of part C of title III and $18,029,000 for interest subsidies under title VII of the Higher Education Act, as amended, shall remain available until expended, and $397,000 shall be available for section 1204(c) ( 118 ) : Provided, That under subpart 6 of part A of title IV of the Higher Education Act, the District of Columbia and the Commonwealth of Puerto Rico shall receive funding allocations as if they were States and shall not be subject to the limitations on the non-State entities listed in section 419G(b).

howard university

    For partial support of Howard University (20 U.S.C. 121 et seq.), $192,686,000, of which $3,441,000, to remain available until expended, shall be for a matching endowment grant to be administered in accordance with the Howard University Endowment Act (Public Law 98-480).

higher education facilities loans

    The Secretary is hereby authorized to make such expenditures, within the limits of funds available under this heading and in accord with law, and to make such contracts and commitments without regard to fiscal year limitation, as provided by section 104 of the Government Corporation Control Act (31 U.S.C. 9104), as may be necessary in carrying out the program for the current fiscal year.

college housing and academic facilities loans program

    For administrative expenses to carry out the existing direct loan program of college housing and academic facilities loans entered into pursuant to title VII, part C, of the Higher Education Act, as amended, $730,000.

college housing loans

    Pursuant to title VII, part C of the Higher Education Act, as amended, for necessary expenses of the college housing loans program, previously carried out under title IV of the Housing Act of 1950, the Secretary shall make expenditures and enter into contracts without regard to fiscal year limitation using loan repayments and other resources available to this account. Any unobligated balances becoming available from fixed fees paid into this account pursuant to 12 U.S.C. 1749d, relating to payment of costs for inspections and site visits, shall be available for the operating expenses of this account.

HISTORICALLY BLACK COLLEGE AND UNIVERSITY CAPITAL FINANCING, PROGRAM ACCOUNT

    To carry out the purposes of title VII, part B of the Higher Education Act, as amended, and subject to the limitations of section 724 of such part, the Secretary is authorized to enter into insurance agreements to provide financial insurance to guarantee for full payment of principal and interest on qualified bonds upon the conditions set forth in subsections (b), (c) and (d) of section 723 of such part: Provided, That bonds insured pursuant to such part shall not exceed ( 119 ) [Struck out->] $178,500,000 [<-Struck out] $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, $200,000.

education research, statistics, and improvement

    For carrying out the activities authorized by section 405 and section 406 of the General Education Provisions Act, as amended ( 120 ) (or any successor authority); section 1562, ( 121 ) [Struck out->] section 1566, [<-Struck out] section 2012, subpart 2 of part A of title II, and parts B, E, and F of title IV of the Elementary and Secondary Education Act of 1965, as amended; part B of title III of Public Law 100-297; title IX of the Education for Economic Security Act; ( 122 ) [Struck out->] section 6041 of Public Law 100-418; [<-Struck out] title II of Public Law 102-62; and section 551 of the Higher Education Act, ( 123 ) [Struck out->] $277,244,000: [Struck out->] Provided, [Struck out->] That $5,396,000 shall be for Grants for Schools and Teachers under subpart 1 and $3,687,000 shall be for Family School Partnerships under subpart 2 of part B of title III of Public Law 100-297; $14,582,000 shall be for national diffusion activities under section 1562; $879,000 shall be for Blue Ribbon Schools under section 1566; and $15,872,000 shall be for national programs under section 2012 [<-Struck out] $301,398,000: Provided, That $31,000,000 shall be for research centers, including funds to extend the existing award for a research center on the education of disadvantaged students for up to one year; $38,032,000 shall be for regional laboratories, including $9,508,000 for rural initiatives; $40,000,000 shall be for activities under the Fund for Innovation in Education; $4,463,000 shall be for civic education activities under section 4609; $5,396,000 shall be for Grants for Schools and Teachers under subpart 1 and $3,687,000 shall be for Family School Partnerships under subpart 2 of part B of title III of Public Law 100-297; $14,582,000 shall be for national diffusion activities under section 1562; $16,072,000 shall be for national programs under section 2012, including $3,672,000 for the National Clearinghouse for Science and Mathematics under section 2012(d); and $15,000,000 shall be for regional consortia under subpart 2 of part A of title II; $9,607,000 shall be for Javits gifted and talented students education; $27,000,000 shall be for star schools, of which $4,500,000 shall be for a demonstration of a statewide, two-way interactive fiber optic telecommunications network, carrying voice, video, and data transmissions, and housing a point of presence in every county; $1,737,000 shall be for territorial teacher training; and $3,212,000 shall be for the National Writing Project. [<-Struck out] [<-Struck out]

LIBRARIES

    For carrying out, to the extent not otherwise provided, titles I, II, III, IV, and VI of the Library Services and Construction Act (20 U.S.C. ch. 16), and title II of the Higher Education Act, ( 124 ) [Struck out->] $145,101,000 [<-Struck out] $147,517,000, of which $19,000,000 shall be used to carry out the provisions of title II of the Library Services and Construction Act and shall remain available until expended, and $4,960,000 shall be for section 222 and $2,802,000 shall be for section 223 of the Higher Education Act, of which $2,500,000 shall be for demonstration of on-line and dial-in access to a statewide, multitype library bibliographic database through a statewide fiber optic network housing a point of presence in every county, connecting library services in every municipality.

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, ( 125 ) [Struck out->] $352,008,000 [<-Struck out] $291,921,000: Provided, That the Secretary may use funds appropriated to carry out any Department of Education programs under which awards are made on a competitive basis to reimburse this account for the direct expenses of non-Federal experts to review applications and proposals for such awards.

OFFICE FOR CIVIL RIGHTS

    For expenses necessary for the Office for Civil Rights, as authorized by section 203 of the Department of Education Organization Act, $56,570,000.

OFFICE OF THE INSPECTOR GENERAL

    For expenses necessary for the Office of the Inspector General, as authorized by section 212 of the Department of Education Organization Act, $28,840,000.

GENERAL PROVISIONS

    SEC. 301. No part of the funds contained in this title may be used to force any school or school district which is desegregated as that term is defined in title IV of the Civil Rights Act of 1964, Public Law 88-352, to take any action to force the busing of students; to force on account of race, creed or color the abolishment of any school so desegregated; or to force the transfer or assignment of any student attending any elementary or secondary school so desegregated to or from a particular school over the protest of his or her parents or parent.

    SEC. 302. (a) No part of the funds contained in this title shall be used to force any school or school district which is desegregated as that term is defined in title IV of the Civil Rights Act of 1964, Public Law 88-352, to take any action to force the busing of students; to require the abolishment of any school so desegregated; or to force on account of race, creed or color the transfer of students to or from a particular school so desegregated as a condition precedent to obtaining Federal funds otherwise available to any State, school district or school.

    (b) No funds appropriated in this Act may be used for the transportation of students or teachers (or for the purchase of equipment for such transportation) in order to overcome racial imbalance in any school or school system, or for the transportation of students or teachers (or for the purchase of equipment for such transportation) in order to carry out a plan of racial desegregation of any school or school system.

    SEC. 303. None of the funds contained in this Act shall be used to require, directly or indirectly, the transportation of any student to a school other than the school which is nearest the student’s home, except for a student requiring special education, to the school offering such special education, in order to comply with title VI of the Civil Rights Act of 1964. For the purpose of this section an indirect requirement of transportation of students includes the transportation of students to carry out a plan involving the reorganization of the grade structure of schools, the pairing of schools, or the clustering of schools, or any combination of grade restructuring, pairing or clustering. The prohibition described in this section does not include the establishment of magnet schools.

    SEC. 304. No funds appropriated under this Act may be used to prevent the implementation of programs of voluntary prayer and meditation in the public schools.

    ( 126 ) Sec. 305. (a) The Congress finds that--

      (1) in order to increase our Nation’s standard of living and to increase the number of good jobs, the United States must increase its productivity and ability to compete in the international marketplace by improving the educational level of our workforce;

      (2) although efforts are being made to establish higher educational standards and goals, there is a substantial shortage of resources to meet such standards and goals;

      (3) States and local communities are finding it increasingly difficult to meet ever higher educational standards and goals, and States will not be able to fund needed changes without Federal help to reach such standards and goals;

      (4) the Federal Government has established many education programs but failed to provide adequate funding for such programs, for example one such program provides education to our Nation’s disabled students and was established with a promise of 40 percent Federal funding but currently receives only 8 percent Federal funding;

      (5) the annual shortfall in Federal education programs is approximately half of the promised funding;

      (6) many needed education improvements will not need Federal funds, however, other suggested changes such as lengthened school years, better pay, after-school activities, mentoring for students at risk, programs for gifted students, and replacing substandard buildings will require substantial Federal assistance; and

      (7) the Federal contribution to education is less than 2 percent of the total Federal budget, and in order to make education a national priority, the total percentage of Federal education funding should be increased by 1 percent each year over the next 8 years to reach 10 percent of the total Federal budget.

    (b) It is the sense of the Congress that the total share of the Federal spending on education should increase by at least 1 percent each year until such share reaches 10 percent of the total Federal budget.

    ( 127 ) Sec. 306. (a) The Congress finds that--

      (1) according to the recent National Performance Review, there are currently 230 distinct programs in the Department of Education, 160 of which award grants through 245 national competitions each year;

      (2) many of these programs overlap in purpose and orientation, differing only in the administrative requirements such programs impose on applicants and the Department of Education;

      (3) as an example, the goal of reforming schools is funded through at least 4 programs assisted under this Act, including the programs assisted under chapter 2 of title I of the Elementary and Secondary Education Act of 1965 (block grants), the Fund for the Improvement and Reform of Schools and Teaching, the Secretary’s Fund for Innovation in Education, and a new program established under the Goals 2000: Educate America Act, which has not yet become law;

      (4) the overhead at the Department of Education to administer each separate program, and the cost to States, localities and schools of preparing applications, planning ahead, and managing funds under each program diverts scarce resources from schools and students;

      (5) some Federal programs serve purposes which would be better served by consolidation into a single flexible grant, a few serve purposes that could be met without Federal assistance, and some programs are obsolete;

      (6) in the Department of Education’s internal study for the National Performance Review, the Department indicated that the Department had identified 41 programs that could be eliminated or consolidated into other programs;

      (7) this Act takes a significant step toward consolidation by eliminating funding for 13 programs, and the Department of Education has begun a serious effort to consolidate programs, as is appropriate, in the reauthorization of the Elementary and Secondary Education Act of 1965, but much more remains to be done; and

      (8) the Defense Base Closure and Realignment Commission offers a successful model for cutting government spending despite powerful interests within and outside of the Congress dedicated to protecting specific projects or programs.

    (b) It is the sense of the Congress that--

      (1) within 6 months of the date of enactment of this Act, the Department of Education should prepare and submit to the Committee on Labor and Human Resources of the Senate and the Committee on Education and Labor of the House of Representatives a legislative package reflecting the President’s National Performance Review plan to consolidate Federal education programs;

      (2) the Committee on Labor and Human Resources of the Senate and the Committee on Education and Labor of the House of Representatives should consider the package submitted by the Department of Education and should report to the Senate and House of Representatives, respectively, bills proposing to consolidate Federal education programs;

      (3) the leadership of each House of the Congress should establish--

        (A) a process for considering a bill described in paragraph (2) under which such bill would be subject to a single vote of approval or disapproval by such House; or

        (B) a comparable process to minimize the possibility that individual programs will be excepted from the consolidation; and

      (4) the objective of the consolidation should be, first, to find savings by reducing the administrative costs to both the Department of Education and to States and localities that are due to redundant programs, and, second, to maximize the impact of Federal education dollars, but not to reduce our Nation’s overall investment in schools and students.

    This title may be cited as the ‘Department of Education Appropriations Act, 1994’.

TITLE IV--RELATED AGENCIES

Action

OPERATING EXPENSES

    For expenses necessary for Action to carry out the provisions of the Domestic Volunteer Service Act of 1973, as amended, ( 128 ) [Struck out->] $201,526,000: [Struck out->] Provided, [Struck out->] That $34,667,000 shall be available for title I, section 102, and $982,000 shall be available for title I, part C [<-Struck out] $206,287,000: Provided, That notwithstanding any other provision of this Act, including the provisos pertaining to consulting services under the heading Community Services Block Grant, no department, agency, or instrumentality of the United States Government receiving appropriated funds under this Act for fiscal year 1994 shall, during fiscal year 1994, obligate and expend funds for consulting services in excess of an amount equal to 94.975 percent of the amount estimated to be obligated and expended by such department, agency, or instrumentality for such services during fiscal year 1994: Provided further, That notwithstanding any other provision of this Act, the aggregate amount of funds appopriated by this Act to any such department, agency, or instrumentality for fiscal year 1994 is reduced by an amount equal to 5.025 percent of the amount to be expended by such department, agency, or instrumentality during fiscal year 1994 for consulting services. As used in the preceding two provisos, the term ‘consulting services’ includes any service within the definition of sub-object class 25.1 as described in the Office of Management and Budget Circular A-11, dated August 4, 1993. [<-Struck out] [<-Struck out]

Corporation for Public Broadcasting

    For payment to the Corporation for Public Broadcasting, as authorized by the Communications Act of 1934, an amount which shall be available within limitations specified by that Act, for the fiscal year 1996, ( 129 ) [Struck out->] $292,640,000 [<-Struck out] $320,000,000: Provided, That no funds made available to the Corporation for Public Broadcasting by this Act shall be used to pay for receptions, parties, or similar forms of entertainment for Government officials or employees: Provided further, That none of the funds contained in this paragraph shall be available or used to aid or support any program or activity from which any person is excluded, or is denied benefits, or is discriminated against, on the basis of race, color, national origin, religion, or sex.

Federal Mediation and Conciliation Service

SALARIES AND EXPENSES

    For expenses necessary for the Federal Mediation and Conciliation Service to carry out the functions vested in it by the Labor-Management Relations Act, 1947 (29 U.S.C. 171-180, 182-183), including hire of passenger motor vehicles; and for expenses necessary for the Labor-Management Cooperation Act of 1978 (29 U.S.C. 175a); and for expenses necessary for the Service to carry out the functions vested in it by the Civil Service Reform Act, Public Law 95-454 (5 U.S.C. chapter 71), $30,241,000.

Federal Mine Safety and Health Review Commission

SALARIES AND EXPENSES

    For expenses necessary for the Federal Mine Safety and Health Review Commission (30 U.S.C. 801 et seq.), $5,842,000.

National Commission on Libraries and Information Science

SALARIES AND EXPENSES

    For necessary expenses for the National Commission on Libraries and Information Science, established by the Act of July 20, 1970 (Public Law 91-345, as amended by Public Law 102-95), $904,000.

National Council on Disability

SALARIES AND EXPENSES

    For expenses necessary for the National Council on Disability as authorized by title IV of the Rehabilitation Act of 1973, as amended, ( 130 ) [Struck out->] $1,590,000 [<-Struck out] $1,791,000.

National Labor Relations Board

SALARIES AND EXPENSES

    For expenses necessary for the National Labor Relations Board to carry out the functions vested in it by the Labor-Management Relations Act, 1947, as amended (29 U.S.C. 141-167), and other laws, $171,274,000: Provided, That no part of this appropriation shall be available to organize or assist in organizing agricultural laborers or used in connection with investigations, hearings, directives, or orders concerning bargaining units composed of agricultural laborers as referred to in section 2(3) of the Act of July 5, 1935 (29 U.S.C. 152), and as amended by the Labor-Management Relations Act, 1947, as amended, and as defined in section 3(f) of the Act of June 25, 1938 (29 U.S.C. 203), and including in said definition employees engaged in the maintenance and operation of ditches, canals, reservoirs, and waterways when maintained or operated on a mutual, nonprofit basis and at least 95 per centum of the water stored or supplied thereby is used for farming purposes.

National Mediation Board

SALARIES AND EXPENSES

    For expenses necessary to carry out the provisions of the Railway Labor Act, as amended (45 U.S.C. 151-188), including emergency boards appointed by the President, ( 131 ) [Struck out->] $8,506,000 [<-Struck out] $8,807,000.

Occupational Safety and Health Review Commission

SALARIES AND EXPENSES

    For the expenses necessary for the Occupational Safety and Health Review Commission (29 U.S.C. 661), $7,362,000.

Physician Payment Review Commission

SALARIES AND EXPENSES

    For expenses necessary to carry out section 1845(a) of the Social Security Act, $4,171,000, to be transferred to this appropriation from the Federal Supplementary Medical Insurance Trust Fund.

Prospective Payment Assessment Commission

salaries and expenses

    For expenses necessary to carry out section 1886(e) of the Social Security Act, $4,500,000, to be transferred to this appropriation from the Federal Hospital Insurance and the Federal Supplementary Medical Insurance Trust Funds.

Railroad Retirement Board

DUAL BENEFITS PAYMENTS ACCOUNT

    For payment to the Dual Benefits Payments Account, authorized under section 15(d) of the Railroad Retirement Act of 1974, $277,000,000, which shall include amounts becoming available in fiscal year 1994 pursuant to section 224(c)(1)(B) of Public Law 98-76; and in addition, an amount, not to exceed 2 percent of the amount provided herein, shall be available proportional to the amount by which the product of recipients and the average benefit received exceeds $277,000,000: Provided, That the total amount provided herein shall be credited in 12 approximately equal amounts on the first day of each month in the fiscal year.

FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT ACCOUNTS

    For payment to the accounts established in the Treasury for the payment of benefits under the Railroad Retirement Act for interest earned on unnegotiated checks, $300,000, to remain available through September 30, 1995, which shall be the maximum amount available for payment pursuant to section 417 of Public Law 98-76.

LIMITATION ON ADMINISTRATION

    For necessary expenses for the Railroad Retirement Board, $73,791,000, to be derived from the railroad retirement accounts: Provided, That $200,000 of the foregoing amount shall be available only to the extent necessary to process workloads not anticipated in the budget estimates and after maximum absorption of the costs of such workloads within the remainder of the existing limitation has been achieved: Provided further, That notwithstanding any other provision of law, no portion of this limitation shall be available for payments of standard level user charges pursuant to section 210(j) of the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 490(j); 45 U.S.C. 231-231u).

LIMITATION ON RAILROAD UNEMPLOYMENT INSURANCE

ADMINISTRATION FUND

    For further expenses necessary for the Railroad Retirement Board, for administration of the Railroad Unemployment Insurance Act, not less than $17,010,000 shall be apportioned for fiscal year 1994 from moneys credited to the railroad unemployment insurance administration fund.

SPECIAL MANAGEMENT IMPROVEMENT FUND

    To effect management improvements, including the reduction of backlogs, accuracy of taxation accounting, and debt collection, $3,300,000, to be derived from the railroad retirement accounts and railroad unemployment insurance account: Provided, That these funds shall supplement, not supplant, existing resources devoted to such operations and improvements.

LIMITATION ON THE OFFICE OF INSPECTOR GENERAL

    For expenses necessary for the Office of Inspector General for audit, investigatory and review activities, as authorized by the Inspector General Act of 1978, as amended, not more than $6,742,000, to be derived from the railroad retirement accounts and railroad unemployment insurance account.

Soldiers’ and Airmen’s Home

OPERATION AND MAINTENANCE

    For operation and maintenance of the United States Soldiers’ and Airmen’s Home, to be paid from funds available to the Soldiers’ Home in the Armed Forces Retirement Home Trust Fund, $43,139,000: Provided, That this appropriation shall not be available for the payment of hospitalization of members of the Home in United States Army hospitals at rates in excess of those prescribed by the Secretary of the Army upon recommendation of the Board of Commissioners and the Surgeon General of the Army.

CAPITAL OUTLAY

    For construction and renovation of the physical plant, to be paid from funds available to the Soldier’s Home in the Armed Forces Retirement Home Trust Fund, $4,930,000, to remain available until expended.

United States Institute of Peace

OPERATING EXPENSES

    For necessary expenses of the United States Institute of Peace as authorized in the United States Institute of Peace Act, $10,912,000.

United States Naval Home

OPERATION AND MAINTENANCE

    For operation and maintenance of the United States Naval Home, to be paid from funds available to the Naval Home in the Armed Forces Retirement Home Trust Fund, $10,775,000.

CAPITAL PROGRAM

    For construction and renovation of the physical plant to be paid from funds available to the Naval Home in the Armed Forces Retirement Home Trust Fund, $473,000, to remain available until expended.

TITLE V--GENERAL PROVISIONS

    SEC. 501. No part of the funds appropriated under this Act shall be used to provide a loan, guarantee of a loan, a grant, the salary of or any remuneration whatever to any individual applying for admission, attending, employed by, teaching at, or doing research at an institution of higher education who has engaged in conduct on or after August 1, 1969, which involves the use of (or the assistance to others in the use of) force or the threat of force or the seizure of property under the control of an institution of higher education, to require or prevent the availability of certain curricula, or to prevent the faculty, administrative officials, or students in such institution from engaging in their duties or pursuing their studies at such institution.

    SEC. 502. The Secretaries of Labor, Health and Human Services, and Education are authorized to transfer unexpended balances of prior appropriations to accounts corresponding to current appropriations provided in this Act: Provided, That such transferred balances are used for the same purpose, and for the same periods of time, for which they were originally appropriated.

    SEC. 503. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein.

    SEC. 504. (a) No part of any appropriation contained in this Act shall be used, other than for normal and recognized executive-legislative relationships, for publicity or propaganda purposes, for the preparation, distribution, or use of any kit, pamphlet, booklet, publication, radio, television, or film presentation designed to support or defeat legislation pending before the Congress, except in presentation to the Congress itself.

    (b) No part of any appropriation contained in this Act shall be used to pay the salary or expenses of any grant or contract recipient, or agent acting for such recipient, related to any activity designed to influence legislation or appropriations pending before the Congress.

    SEC. 505. The Secretaries of Labor and Education are each authorized to make available not to exceed $7,500 from funds available for salaries and expenses under titles I and III, respectively, for official reception and representation expenses; the Director of the Federal Mediation and Conciliation Service is authorized to make available for official reception and representation expenses not to exceed $2,500 from the funds available for ‘Salaries and expenses, Federal Mediation and Conciliation Service’; and the Chairman of the National Mediation Board is authorized to make available for official reception and representation expenses not to exceed $2,500 from funds available for ‘Salaries and expenses, National Mediation Board’.

    SEC. 506. Notwithstanding any other provision of this Act, no funds appropriated under this Act shall be used to carry out any program of distributing sterile needles for the hypodermic injection of any illegal drug unless the Surgeon General of the United States determines that such programs are effective in preventing the spread of HIV and do not encourage the use of illegal drugs, except that such funds may be used for such purposes in furtherance of demonstrations or studies authorized in the ADAMHA Reorganization Act (Public Law 102-321).

( 132 ) [Struck out->] compliance with buy american act [<-Struck out]

    [Struck out->] SEC. 507. No funds appropriated pursuant to this Act may be expended by an entity unless the entity agrees that in expending the assistance the entity will comply with sections 2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a-10c, popularly known as the ‘Buy American Act’). [<-Struck out]

[Struck out->] SENSE OF CONGRESS; REQUIREMENT REGARDING NOTICE [<-Struck out]

    [Struck out->] SEC. 508. (a) PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS- In the case of any equipment or products that may be authorized to be purchased with financial assistance provided under this Act, it is the sense of the Congress that entities receiving such assistance should, in expending the assistance, purchase only American-made equipment and products. [<-Struck out]

    [Struck out->] (b) NOTICE TO RECIPIENTS OF ASSISTANCE- In providing financial assistance under this Act, the head of each Federal agency shall provide to each recipient of the assistance a notice describing the statement made in subsection (a) by the Congress. [<-Struck out]

[Struck out->] PROHIBITION OF CONTRACTS [<-Struck out]

    [Struck out->] SEC. 509. 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, such person shall be ineligible to receive any contract or subcontract made with funds provided pursuant to this Act, pursuant to the debarment, suspension, and ineligibility procedures described in section 9.400 through 9.409 of title 48, Code of Federal Regulations. [<-Struck out]

    ( 133 ) Sec. 509. (a) Notwithstanding any other provision of law, monthly benefit payments under part B or part C of the Black Lung Benefits Act for months after December 1993 and before October 1994 shall be calculated as though the provisions of Federal law prescribing pay rates for Federal employees continued in effect, without amendment to or limitation of such provisions, after January 1993.

    (b) Of the amounts provided under title XII of Public Law 102-368, Additional Assistance to Distressed Communities, under the heading ‘Community Investment Program’, $225,000,000 are rescinded.

    SEC. 510. None of the funds appropriated under this Act shall be expended for any abortion except when it is made known to the Federal entity or official to which funds are appropriated under this Act that such procedure is necessary to save the life of the mother or that the pregnancy is the result of an act of rape or incest.

    ( 134 ) Sec. 511. It is the sense of the Senate that the United States Department of Justice should investigate whether any Federal criminal civil rights laws were violated as a result of (1) the murder of Yankel Rosenbaum on August 19, 1991, and (2) the circumstances surrounding the murder and accompanying riots in Crown Heights.

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TITLE VI--NONSMOKING POLICY

SEC. 601. SHORT TITLE.

    This title may be cited as the ‘Preventing Our Kids From Inhaling Deadly Smoke (PRO-KIDS) Act of 1993’.

SEC. 602. FINDINGS.

    The Congress finds that--

      (1) environmental tobacco smoke comes from secondhand smoke exhaled by smokers and sidestream smoke emitted from the burning of cigarettes, cigars, and pipes;

      (2) since citizens of the United States spend up to 90 percent of a day indoors, there is a significant potential for exposure to environmental tobacco smoke from indoor air;

      (3) exposure to environmental tobacco smoke occurs in schools, public buildings, and other indoor facilities;

      (4) recent scientific studies have concluded that exposure to environmental tobacco smoke is a cause of lung cancer in healthy nonsmokers and is responsible for acute and chronic respiratory problems and other health impacts in sensitive populations (including children);

      (5) the health risks posed by environmental tobacco smoke exceed the risks posed by many environmental pollutants regulated by the Environmental Protection Agency; and

      (6) according to information released by the Environmental Protection Agency, environmental tobacco smoke results in a loss to the economy of over $3,000,000,000 per year.

SEC. 603. DEFINITIONS.

    As used in this title:

      (1) ADMINISTRATOR- The term ‘Administrator’ means the Administrator of the Environmental Protection Agency.

      (2) CHILDREN- The term ‘children’ means individuals who have not attained the age of 18.

      (3) CHILDREN’S SERVICES- The term ‘children’s services’ means--

        (A) direct health services that are routinely provided to children and that are funded (in whole or in part) by Federal funds; or

        (B) any other direct services that are routinely provided primarily to children, including educational services and that are funded (in whole or in part) by Federal funds.

      (4) FEDERAL AGENCY- The term ‘Federal agency’ means an entity in the executive, legislative or judicial branch of the Federal Government.

      (5) SECRETARY- The term ‘Secretary’ means the Secretary of Health and Human Services.

SEC. 604. NONSMOKING POLICY FOR CHILDREN’S SERVICES.

    (a) ISSUANCE OF GUIDELINES- Not later than 180 days after the date of enactment of this Act, the Administrator shall issue guidelines for instituting and enforcing a nonsmoking policy at each indoor facility where children’s services are provided.

    (b) CONTENTS OF GUIDELINES- A nonsmoking policy that meets the requirements of the guidelines shall, at a minimum, prohibit smoking in each portion of an indoor facility where children’s services are provided that is not ventilated separately (as defined by the Administrator) from other portions of the facility.

SEC. 605. TECHNICAL ASSISTANCE.

    The Administrator and the Secretary shall provide technical assistance to persons who provide children’s services and other persons who request technical assistance. The technical assistance shall include information--

      (1) on smoking cessation programs for employees; and

      (2) to assist in compliance with the requirements of this title.

SEC. 606. FEDERALLY FUNDED PROGRAMS.

    (a) IN GENERAL- Notwithstanding any other provision of law, each person who provides children’s services shall establish and make a good-faith effort to enforce a nonsmoking policy that meets or exceeds the requirements of subsection (b).

    (b) NONSMOKING POLICY-

      (1) GENERAL REQUIREMENTS- A nonsmoking policy meets the requirements of this subsection if the policy--

        (A) is consistent with the guidelines issued under section 604(a);

        (B) prohibits smoking in each portion of an indoor facility used in connection with the provision of services directly to children; and

        (C) where appropriate, requires that signs stating that smoking is not permitted be posted in each indoor facility to communicate the policy.

      (2) PERMISSIBLE FEATURES- A nonsmoking policy that meets the requirements of this subsection may allow smoking in those portions of the facility--

        (A) in which services are not normally provided directly to children; and

        (B) that are ventilated separately from those portions of the facility in which services are normally provided directly to children.

    (c) WAIVER-

      (1) IN GENERAL- A person described in subsection (a) may publicly petition the head of the Federal agency from which the person receives Federal funds (including financial assistance) for a waiver from any or all of the requirements of subsection (b).

      (2) CONDITIONS FOR GRANTING A WAIVER- Except as provided in paragraph (3), the head of the Federal agency may grant a waiver only--

        (A) after consulting with the Administrator, and receiving the concurrence of the Administrator;

        (B) after giving an opportunity for public hearing (at the main office of the Federal agency or at any regional office of the agency) and comment; and

        (C) if the person requesting the waiver provides assurances that are satisfactory to the head of the Federal agency (with the concurrence of the Administrator) that--

          (i) unusual extenuating circumstances prevent the person from establishing or enforcing the nonsmoking policy (or a requirement under the policy) referred to in subsection (b) (including a case in which the person shares space in an indoor facility with another entity and cannot obtain an agreement with the other entity to abide by the nonsmoking policy requirement) and the person will establish and make a good-faith effort to enforce an alternative nonsmoking policy (or alternative requirement under the policy) that will protect children from exposure to environmental tobacco smoke to the maximum extent possible; or

          (ii) the person requesting the waiver will establish and make a good-faith effort to enforce an alternative nonsmoking policy (or alternative requirement under the policy) that will protect children from exposure to environmental tobacco smoke to the same degree as the policy (or requirement) under subsection (b).

      (3) SPECIAL WAIVER-

        (A) IN GENERAL- On receipt of an application, the head of the Federal agency may grant a special waiver to a person described in subsection (a) who employs individuals who are members of a labor organization and provide children’s services pursuant to a collective bargaining agreement that--

          (i) took effect before the date of enactment of this Act; and

          (ii) includes provisions relating to smoking privileges that are in violation of the requirements of this section.

        (B) TERMINATION OF WAIVER- A special waiver granted under this paragraph shall terminate on the earlier of--

          (i) the first expiration date (after the date of enactment of this Act) of the collective bargaining agreement containing the provisions relating to smoking privileges; or

          (ii) the date that is 1 year after the date specified in subsection (f).

    (d) CIVIL PENALTIES-

      (1) IN GENERAL- (A) Any person subject to the requirements of this section who fails to comply with the requirements shall be liable to the United States for a civil penalty in an amount not to exceed $1,000 for each violation, but in no case shall the amount be in excess of the amount of Federal funds received by the person for the fiscal year in which the violation occurred for the provision of children’s services.

      (B) Each day a violation continues shall constitute a separate violation.

      (2) ASSESSMENT- A civil penalty for a violation of this section shall be assessed by the head of the Federal agency that provided Federal funds (including financial assistance) to the person (or if the head of the Federal agency does not have the authority to issue an order, the appropriate official) by an order made on the record after opportunity for a hearing in accordance with section 554 of title 5, United States Code. Before issuing the order, the head of the Federal agency (or the appropriate official) shall--

        (A) give written notice to the person to be assessed a civil penalty under the order of the proposal to issue the order; and

        (B) provide the person an opportunity to request, not later than 15 days after the date of receipt of the notice, a hearing on the order.

      (3) AMOUNT OF CIVIL PENALTY- In determining the amount of a civil penalty under this subsection, the head of the Federal agency (or the appropriate official) shall take into account--

        (A) the nature, circumstances, extent, and gravity of the violation;

        (B) with respect to the violator, the ability to pay, the effect of the penalty on the ability to continue operation, any prior history of the same kind of violation, the degree of culpability, and a demonstration of willingness to comply with the requirements of this title; and

        (C) such other matters as justice may require.

      (4) MODIFICATION- The head of the Federal agency (or the appropriate official) may compromise, modify, or remit, with or without conditions, any civil penalty that may be imposed under this subsection. The amount of the penalty as finally determined or agreed upon in compromise may be deducted from any sums that the United States owes to the person against whom the penalty is assessed.

      (5) PETITION FOR REVIEW- A person who has requested a hearing concerning the assessment of a penalty pursuant to paragraph (2) and is aggrieved by an order assessing a civil penalty may file a petition for judicial review of the order with the United States Court of Appeals for the District of Columbia Circuit or for any other circuit in which the person resides or transacts business. The petition may only be filed during the 30-day period beginning on the date of issuance of the order making the assessment.

      (6) FAILURE TO PAY- If a person fails to pay an assessment of a civil penalty--

        (A) after the order making the assessment has become a final order and without filing a petition for judicial review in accordance with paragraph (5); or

        (B) after a court has entered a final judgment in favor of the head of the Federal agency (or appropriate official),

      the Attorney General shall recover the amount assessed (plus interest at currently prevailing rates from the last day of the 30-day period referred to in paragraph (5) or the date of the final judgment, as the case may be) in an action brought in an appropriate district court of the United States. In the action, the validity, amount, and appropriateness of the penalty shall not be subject to review.

    (e) EXEMPTION- This section shall not apply to a person who provides children’s services who--

      (1) has attained the age of 18;

      (2) provides children’s services--

        (A) in a private residence; and

        (B) only to children who are, by affinity or consanguinity, or by court decree, a grandchild, niece, or nephew of the provider; and

      (3) is registered and complies with any State requirements that govern the children’s services provided.

    (f) EFFECTIVE DATE- This section shall take effect on the first day of the first fiscal year beginning after the date of enactment of this Act.

SEC. 607. REPORT BY THE ADMINISTRATOR.

    Not later than 2 years after the date of enactment of this Act, the Administrator shall submit a report to the Congress that includes--

      (1) information concerning the degree of compliance with this title; and

      (2) an assessment of the legal status of smoking in public places.

SEC. 608. PREEMPTION.

    Nothing in this title is intended to preempt any provision of law of a State or political subdivision of a State that is more restrictive than a provision of this title.

    This Act may be cited as the ‘Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1994’.

Passed the House of Representatives June 30, 1993.

Attest:

DONNALD K. ANDERSON,

Clerk.

Passed the Senate September 29 (legislative day, September 27), 1993.

Attest:

WALTER J. STEWART,

Secretary.

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