Text: H.R.2264 — 105th Congress (1997-1998)All Information (Except Text)

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Public Law No: 105-78 (11/13/1997)

 
[105th Congress Public Law 78]
[From the U.S. Government Printing Office]


<DOC>
[DOCID: f:publ78.105]


[[Page 111 STAT. 1467]]

Public Law 105-78
105th Congress

                                 An Act


 
  Making appropriations for the Departments of Labor, Health and Human 
Services, and Education, and related agencies for the fiscal year ending 
      September 30, 1998, and for other purposes. <<NOTE: Nov. 13, 
                         1997 -  [H.R. 2264]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of <<NOTE: Departments of Labor, Health and Human 
Services, and Education, and Related Agencies Appropriations Act, 
1998.>>  America in Congress assembled, That the following sums are 
appropriated, out of any money in the Treasury not otherwise 
appropriated, for the Departments of Labor, Health and Human Services, 
and Education, and related agencies for the fiscal year ending September 
30, 1998, and for other purposes, namely:

 TITLE I--DEPARTMENT OF <<NOTE: Department of Labor Appropriations Act, 
1998.>>  LABOR

                 Employment and Training Administration

                    training and employment services

    For necessary expenses of the Job Training Partnership Act, as 
amended, including the purchase and hire of passenger motor vehicles, 
the construction, alteration, and repair of buildings and other 
facilities, and the purchase of real property for training centers as 
authorized by the Job Training Partnership Act; the Stewart B. McKinney 
Homeless Assistance Act; the Women in Apprenticeship and Nontraditional 
Occupations Act; the National Skill Standards Act of 1994; and the 
School-to-Work Opportunities Act; $4,988,226,000 plus reimbursements, of 
which $3,794,735,000 is available for obligation for the period July 1, 
1998 through June 30, 1999; of which $118,491,000 is available for the 
period July 1, 1998 through June 30, 2001 for necessary expenses of 
construction, rehabilitation, and acquisition of Job Corps centers; and 
of which $200,000,000 shall be available from July 1, 1998 through 
September 30, 1999, for carrying out activities of the School-to-Work 
Opportunities Act: Provided, That $53,815,000 shall be for carrying out 
section 401 of the Job Training Partnership Act, $71,017,000 shall be 
for carrying out section 402 of such Act, $7,300,000 shall be for 
carrying out section 441 of such Act, $9,000,000 shall be for all 
activities conducted by and through the National Occupational 
Information Coordinating Committee under such Act, $955,000,000 shall be 
for carrying out title II, part A of such Act, and $129,965,000 shall be 
for carrying out title II, part C of such Act: Provided further, That 
the National Occupational Information Coordinating Committee is 
authorized, effective upon enactment, to charge fees for publications, 
training and technical assistance developed by the National Occupational

[[Page 111 STAT. 1468]]

Information Coordinating Committee: Provided further, That revenues 
received from publications and delivery of technical assistance and 
training, notwithstanding 31 U.S.C. 3302, shall be credited to the 
National Occupational Information Coordinating Committee program account 
and shall be available to the National Occupational Information 
Coordinating Committee without further appropriations, so long as such 
revenues are used for authorized activities of the National Occupational 
Information Coordinating Committee: Provided further, That no funds from 
any other appropriation shall be used to provide meal services at or for 
Job Corps centers: Provided further, That funds provided for title III 
of the Job Training Partnership Act shall not be subject to the 
limitation contained in subsection (b) of section 315 of such Act; that 
the waiver described in section 315(a)(2) may be granted if a substate 
grantee demonstrates to the Governor that such waiver is appropriate due 
to the availability of low-cost retraining services, is necessary to 
facilitate the provision of needs-related payments to accompany long-
term training, or is necessary to facilitate the provision of 
appropriate basic readjustment services; and that funds provided for 
discretionary grants under part B of such title III may be used to 
provide needs-related payments to participants who, in lieu of meeting 
the enrollment requirements under section 314(e) of such Act, are 
enrolled in training by the end of the sixth week after grant funds have 
been awarded: Provided further, That funds provided to carry out section 
324 of such Act may be used for demonstration projects that provide 
assistance to new entrants in the workforce and incumbent workers: 
Provided further, That service delivery areas may transfer funding 
provided herein under authority of title II, parts B and C of the Job 
Training Partnership Act between the programs authorized by those titles 
of the Act, if the transfer is approved by the Governor: Provided 
further, That service delivery areas and substate areas may transfer up 
to 20 percent of the funding provided herein under authority of title 
II, part A and title III of the Job Training Partnership Act between the 
programs authorized by those titles of the Act, if such transfer is 
approved by the Governor: Provided further, That, notwithstanding any 
other provision of law, any proceeds from the sale of Job Corps center 
facilities shall be retained by the Secretary of Labor to carry out the 
Job Corps program: Provided further, That notwithstanding any other 
provision of law, the Secretary of Labor may waive any of the statutory 
or regulatory requirements of titles I-III of the Job Training 
Partnership Act (except for requirements relating to wage and labor 
standards, worker rights, participation and protection, grievance 
procedures and judicial review, nondiscrimination, allocation of funds 
to local areas, eligibility, review and approval of plans, the 
establishment and functions of service delivery areas and private 
industry councils, and the basic purposes of the Act), and any of the 
statutory or regulatory requirements of sections 8-10 of the Wagner-
Peyser Act (except for requirements relating to the provision of 
services to unemployment insurance claimants and veterans, and to 
universal access to basic labor exchange services without cost to job 
seekers), only for funds available for expenditure in program year 1998, 
pursuant to a request submitted by a State which identifies the 
statutory or regulatory requirements that are requested to be waived and 
the goals which the State or local service delivery areas intend to 
achieve, describes the actions that the State or local service delivery 
areas have

[[Page 111 STAT. 1469]]

undertaken to remove State or local statutory or regulatory barriers, 
describes the goals of the waiver and the expected programmatic outcomes 
if the request is granted, describes the individuals impacted by the 
waiver, and describes the process used to monitor the progress in 
implementing a waiver, and for which notice and an opportunity to 
comment on such request has been provided to the organizations 
identified in section 105(a)(1) of the Job Training Partnership Act, if 
and only to the extent that the Secretary determines that such 
requirements impede the ability of the State to implement a plan to 
improve the workforce development system and the State has executed a 
Memorandum of Understanding with the Secretary requiring such State to 
meet agreed upon outcomes and implement other appropriate measures to 
ensure accountability: Provided further, That 
the <<NOTE: Establishment. 29 USC 1732 note.>>  Secretary of Labor shall 
establish a workforce flexibility (work-flex) partnership demonstration 
program under which the Secretary shall authorize not more than six 
States, of which at least three States shall each have populations not 
in excess of 3,500,000, with a preference given to those States that 
have been designated Ed-Flex Partnership States under section 311(e) of 
Public Law 103-227, to waive any statutory or regulatory requirement 
applicable to service delivery areas or substate areas within the State 
under titles I-III of the Job Training Partnership Act (except for 
requirements relating to wage and labor standards, grievance procedures 
and judicial review, nondiscrimination, allotment of funds, and 
eligibility), and any of the statutory or regulatory requirements of 
sections 8-10 of the Wagner-Peyser Act (except for requirements relating 
to the provision of services to unemployment insurance claimants and 
veterans, and to universal access to basic labor exchange services 
without cost to job seekers), for a duration not to exceed the waiver 
period authorized under section 311(e) of Public Law 103-227, pursuant 
to a plan submitted by such States and approved by the Secretary for the 
provision of workforce employment and training activities in the States, 
which includes a description of the process by which service delivery 
areas and substate areas may apply for and have waivers approved by the 
State, the requirements of the Wagner-Peyser Act to be waived, the 
outcomes to be achieved and other measures to be taken to ensure 
appropriate accountability for Federal funds.

    For necessary expenses of Opportunity Areas of Out-of-School Youth, 
in addition to amounts otherwise provided herein, $250,000,000, to be 
available for obligation for the period October 1, 1998 through 
September 30, 1999, if job training reform legislation authorizing this 
or similar at-risk youth projects is enacted by July 1, 1998.

            community service employment for older americans

                           (transfer of funds)

    To carry out the activities for national grants or contracts with 
public agencies and public or private nonprofit organizations under 
paragraph (1)(A) of section 506(a) of title V of the Older Americans Act 
of 1965, as amended, or to carry out older worker activities as 
subsequently authorized, $343,356,000.
    To carry out the activities for grants to States under paragraph (3) 
of section 506(a) of title V of the Older Americans Act of 1965, as 
amended, or to carry out older worker activities as subsequently 
authorized, $96,844,000.

[[Page 111 STAT. 1470]]

    The funds appropriated under this heading shall be transferred to 
and merged with the Department of Health and Human Services, ``Aging 
Services Programs'', for the same purposes and the same period as the 
account to which transferred, following the enactment of legislation 
authorizing the administration of the program by that Department.

              federal unemployment benefits and allowances

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

     state unemployment insurance and employment service operations

    For authorized administrative expenses, $173,452,000, together with 
not to exceed $3,322,476,000 (including not to exceed $1,228,000 which 
may be used for amortization payments to States which had independent 
retirement plans in their State employment service agencies prior to 
1980, and including not to exceed $2,000,000 which may be obligated in 
contracts with non-State entities for activities such as occupational 
and test research activities which benefit the Federal-State Employment 
Service System), which may be expended from the Employment Security 
Administration account in the Unemployment Trust Fund including the cost 
of administering section 1201 of the Small Business Job Protection Act 
of 1996, section 7(d) of the Wagner-Peyser Act, as amended, the Trade 
Act of 1974, as amended, the Immigration Act of 1990, and the 
Immigration and Nationality Act, as amended, and of which the sums 
available in the allocation for activities authorized by title III of 
the Social Security Act, as amended (42 U.S.C. 502-504), and the sums 
available in the allocation for necessary administrative expenses for 
carrying out 5 U.S.C. 8501-8523, shall be available for obligation by 
the States through December 31, 1998, except that funds used for 
automation acquisitions shall be available for obligation by States 
through September 30, 2000; and of which $40,000,000 of the amount which 
may be expended from said trust fund, shall be available for obligation 
for the period October 1, 1998 through September 30, 1999, for the 
purpose of assisting States to convert their automated State employment 
security agency systems to be year 2000 compliant; and of which 
$173,452,000, together with not to exceed $738,283,000 of the amount 
which may be expended from said trust fund, shall be available for 
obligation for the period July 1, 1998 through June 30, 1999, to fund 
activities under the Act of June 6, 1933, as amended, including the cost 
of penalty mail authorized under 39 U.S.C. 3202(a)(1)(E) made available 
to States in lieu of allotments for such purpose, and of which 
$200,000,000 shall be available solely for the purpose of assisting 
States to convert their automated State employment security agency 
systems to be year 2000 compliant, and of which $196,333,000 shall be 
available only to the extent

[[Page 111 STAT. 1471]]

necessary for additional State allocations to administer unemployment 
compensation laws to finance increases in the number of unemployment 
insurance claims filed and claims paid or changes in a State law: 
Provided, That to the extent that the Average Weekly Insured 
Unemployment (AWIU) for fiscal year 1998 is projected by the Department 
of Labor to exceed 2,789,000 an additional $28,600,000 shall be 
available for obligation for every 100,000 increase in the AWIU level 
(including a pro rata amount for any increment less than 100,000) from 
the Employment Security Administration Account of the Unemployment Trust 
Fund: Provided further, That funds appropriated in this Act which are 
used to establish a national one-stop career center network may be 
obligated in contracts, grants or agreements with non-State entities: 
Provided further, That funds appropriated under this Act for activities 
authorized under the Wagner-Peyser Act, as amended, and title III of the 
Social Security Act, may be used by the States to fund integrated 
Employment Service and Unemployment Insurance automation efforts, 
notwithstanding cost allocation principles prescribed under Office of 
Management and Budget Circular A-87.

         advances to the unemployment trust fund and other funds

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

                         program administration

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

               Pension and Welfare Benefits Administration

                          salaries and expenses

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

[[Page 111 STAT. 1472]]

                  Pension Benefit Guaranty Corporation

                pension benefit guaranty corporation fund

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

                   Employment Standards Administration

                          salaries and expenses

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

                            special benefits

                      (including transfer of funds)

    For the payment of compensation, benefits, and expenses (except 
administrative expenses) accruing during the current or any prior fiscal 
year authorized by title 5, chapter 81 of the United States Code; 
continuation of benefits as provided for under the

[[Page 111 STAT. 1473]]

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

                    black lung disability trust fund

                      (including transfer of funds)

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

[[Page 111 STAT. 1474]]

              Occupational Safety and Health Administration

                          salaries and expenses

    For necessary expenses for the Occupational Safety and Health 
Administration, $336,480,000, including not to exceed $77,941,000 which 
shall be the maximum amount available for grants to States under section 
23(g) of the Occupational Safety and Health Act, which grants shall be 
no less than 50 percent of the costs of State occupational safety and 
health programs required to be incurred under plans approved by the 
Secretary under section 18 of the Occupational Safety and Health Act of 
1970; and, in addition, notwithstanding 31 U.S.C. 3302, <<NOTE: 29 USC 
670 note.>>  the Occupational Safety and Health Administration may 
retain up to $750,000 per fiscal year of training institute course 
tuition fees, otherwise authorized by law to be collected, and may 
utilize such sums for occupational safety and health training and 
education grants: Provided, That, notwithstanding 31 U.S.C. 3302, the 
Secretary of Labor is authorized, during the fiscal year ending 
September 30, 1998, to collect and retain fees for services provided to 
Nationally Recognized Testing Laboratories, and may utilize such sums, 
in accordance with the provisions of 29 U.S.C. 9a, to administer 
national and international laboratory recognition programs that ensure 
the safety of equipment and products used by workers in the workplace: 
Provided further, That none of the funds appropriated under this 
paragraph shall be obligated or expended to prescribe, issue, 
administer, or enforce any standard, rule, regulation, or order under 
the Occupational Safety and Health Act of 1970 which is applicable to 
any person who is engaged in a farming operation which does not maintain 
a temporary labor camp and employs ten or fewer employees: Provided 
further, That no funds appropriated under this paragraph shall be 
obligated or expended to administer or enforce any standard, rule, 
regulation, or order under the Occupational Safety and Health Act of 
1970 with respect to any employer of ten or fewer employees who is 
included within a category having an occupational injury lost workday 
case rate, at the most precise Standard Industrial Classification Code 
for which such data are published, less than the national average rate 
as such rates are most recently published by the Secretary, acting 
through the Bureau of Labor Statistics, in accordance with section 24 of 
that Act (29 U.S.C. 673), except--
            (1) to provide, as authorized by such Act, consultation, 
        technical assistance, educational and training services, and to 
        conduct surveys and studies;
            (2) to conduct an inspection or investigation in response to 
        an employee complaint, to issue a citation for violations found 
        during such inspection, and to assess a penalty for violations 
        which are not corrected within a reasonable abatement period and 
        for any willful violations found;
            (3) to take any action authorized by such Act with respect 
        to imminent dangers;
            (4) to take any action authorized by such Act with respect 
        to health hazards;
            (5) to take any action authorized by such Act with respect 
        to a report of an employment accident which is fatal to one or 
        more employees or which results in hospitalization of two or 
        more employees, and to take any action pursuant to such 
        investigation authorized by such Act; and

[[Page 111 STAT. 1475]]

            (6) to take any action authorized by such Act with respect 
        to complaints of discrimination against employees for exercising 
        rights under such Act: Provided further, That the foregoing 
        proviso shall not apply to any person who is engaged in a 
        farming operation which does not maintain a temporary labor camp 
        and employs ten or fewer employees.

                  Mine Safety and Health Administration

                          salaries and expenses

    For necessary expenses for the Mine Safety and Health 
Administration, $203,334,000, including purchase and bestowal of 
certificates and trophies in connection with mine rescue and first-aid 
work, and the hire of <<NOTE: 30 USC 962.>>  passenger motor vehicles; 
the Secretary is authorized to accept lands, buildings, equipment, and 
other contributions from public and private sources and to prosecute 
projects in cooperation with other agencies, Federal, State, or private; 
the Mine Safety and Health Administration is authorized to promote 
health and safety education and training in the mining community through 
cooperative programs with States, industry, and safety associations; and 
any funds available to the Department may be used, with the approval of 
the Secretary, to provide for the costs of mine rescue and survival 
operations in the event of a major disaster: Provided, That none of the 
funds appropriated under this paragraph shall be obligated or expended 
to carry out section 115 of the Federal Mine Safety and Health Act of 
1977 or to carry out that portion of section 104(g)(1) of such Act 
relating to the enforcement of any training requirements, with respect 
to shell dredging, or with respect to any sand, gravel, surface stone, 
surface clay, colloidal phosphate, or surface limestone mine.

                       Bureau of Labor Statistics

                          salaries and expenses

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

                         Departmental Management

                          salaries and expenses

    For necessary expenses for Departmental Management, including the 
hire of three sedans, and including up to $4,421,000 for the President's 
Committee on Employment of People With Disabilities, $152,253,000; 
together with not to exceed $282,000, which may be expended from the 
Employment Security Administration account in the <<NOTE: 33 USC 921 
note.>>  Unemployment Trust Fund: Provided, That no funds made available 
by this Act may be used by the Solicitor of Labor to participate in a 
review in any United States court of appeals of any decision made by the 
Benefits Review Board under section 21 of the Longshore and Harbor 
Workers' Compensation Act (33

[[Page 111 STAT. 1476]]

U.S.C. 921) where such participation is precluded by the decision of the 
United States Supreme Court in Director, Office of Workers' Compensation 
Programs v. Newport News Shipbuilding, 115 S. Ct. 1278 (1995): Provided 
further, That no funds made available by this Act may be used by the 
Secretary of Labor to review a decision under the Longshore and Harbor 
Workers' Compensation Act (33 U.S.C. 901 et seq.) that has been appealed 
and that has been pending before the Benefits Review Board for more than 
12 months: Provided further, That any such decision pending a review by 
the Benefits Review Board for more than one year shall be considered 
affirmed by the Benefits Review Board on that date, and shall be 
considered the final order of the Board for purposes of obtaining a 
review in the United States courts of appeals: Provided further, That 
these provisions shall not be applicable to the review of any decision 
issued under the Black Lung Benefits Act (30 U.S.C. 901 et seq.).

                          working capital fund

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

        assistant secretary for veterans employment and training

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

                       office of inspector general

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

                           GENERAL PROVISIONS

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

                           (transfer of funds)

    Sec. 102. Not to exceed 1 percent of any discretionary funds 
(pursuant to the Balanced Budget and Emergency Deficit Control

[[Page 111 STAT. 1477]]

Act, as amended) which are appropriated for the current fiscal year for 
the Department of Labor in this Act may be transferred between 
appropriations, but no such appropriation shall be increased by more 
than 3 percent by any such transfer: Provided, That the Appropriations 
Committees of both Houses of Congress are notified at least fifteen days 
in advance of any transfer.
    Sec. 103. Funds shall be available for carrying out title IV-B of 
the Job Training Partnership Act, notwithstanding section 427(c) of that 
Act, if a Job Corps center fails to meet national performance standards 
established by the Secretary.
    Sec. 104. None of the funds made available in this Act may be used 
by the Occupational Safety and Health Administration to promulgate or 
issue any proposed or final standard regarding ergonomic protection 
before September 30, 1998: Provided, That nothing in this section shall 
be construed to limit the Occupational Safety and Health Administration 
from issuing voluntary guidelines on ergonomic protection or from 
developing a proposed standard regarding ergonomic protection: Provided 
further, That no funds made available in this Act may be used by the 
Occupational Safety and Health Administration to enforce voluntary 
ergonomics guidelines through section 5 (the general duty clause) of the 
Occupational Safety and Health Act of 1970 (29 U.S.C. 654).
    Sec. 105. Section 13(b)(12) of the Fair Labor Standards Act of 1938 
(29 U.S.C. 213(b)(12)) is amended by striking ``water for agricultural 
purposes'' and inserting in lieu thereof ``water, at least 90 percent of 
which was ultimately delivered for agricultural purposes during the 
preceding calendar year''.
    This title may be cited as the ``Department of Labor Appropriations 
Act, 1998''.

  TITLE II--DEPARTMENT <<NOTE: Department of Health and Human Services 
Appropriations Act, 1998.>>  OF HEALTH AND HUMAN SERVICES

              Health Resources and Services Administration

                      health resources and services

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

[[Page 111 STAT. 1478]]

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

               medical facilities guarantee and loan fund

            federal interest subsidies for medical facilities

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

                health education assistance loans program

                      (including transfer of funds)

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

[[Page 111 STAT. 1479]]

under title VII of the Public Health Service Act for the purpose of 
carrying out section 709 of that Act. In addition, for administrative 
expenses to carry out the guaranteed loan program, $2,688,000.

             vaccine injury compensation program trust fund

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

               Centers for Disease Control and Prevention

                 disease control, research, and training

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

    In addition, $51,000,000, to be derived from the Violent Crime 
Reduction Trust Fund, for carrying out sections 40151 and 40261 of 
Public Law 103-322.

                      National Institutes of Health

                        national cancer institute

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

                national heart, lung, and blood institute

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

[[Page 111 STAT. 1480]]

                  national institute of dental research

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

    national institute of diabetes and digestive and kidney diseases

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

         national institute of neurological disorders and stroke

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to neurological disorders and stroke, 
$780,713,000.

          national institute of allergy and infectious diseases

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

             national institute of general medical sciences

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

        national institute of child health and human development

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to child health and human development, 
$674,766,000.

                         national eye institute

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to eye diseases and visual disorders, 
$355,691,000.

           national institute of environmental health sciences

    For carrying out sections 301 and 311 and title IV of the Public 
Health Service Act with respect to environmental health sciences, 
$330,108,000.

                       national institute on aging

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

  national institute of arthritis and musculoskeletal and skin diseases

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to arthritis and musculoskeletal and skin 
diseases, $274,760,000.

[[Page 111 STAT. 1481]]

    national institute on deafness and other communication disorders

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

                 national institute of nursing research

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

           national institute on alcohol abuse and alcoholism

     For carrying out section 301 and title IV of the Public Health 
Service Act with respect to alcohol abuse and alcoholism, $227,175,000.

                    national institute on drug abuse

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

                   national institute of mental health

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

                national human genome research institute

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

                 national center for research resources

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to research resources and general research 
support grants, $453,883,000: Provided, That none of these funds shall 
be used to pay recipients of the general research support grants program 
any amount for indirect expenses in connection with such grants: 
Provided further, That $20,000,000 shall be for extramural facilities 
construction grants.

                  john e. fogarty international center

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

                      national library of medicine

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

[[Page 111 STAT. 1482]]

                         office of the director

                      (including transfer of funds)

    For carrying out the responsibilities of the Office of the Director, 
National Institutes of Health, $296,373,000, of which $40,536,000 shall 
be for the Office of AIDS Research: Provided, That funding shall be 
available for the purchase of not to exceed five passenger motor 
vehicles for replacement only: Provided further, That the Director may 
direct up to 1 percent of the total amount made available in this or any 
other Act to all National Institutes of Health appropriations to 
activities the Director may so designate: Provided further, That 
no <<NOTE: Notification.>>  such appropriation shall be decreased by 
more than 1 percent by any such transfers and that the Congress is 
promptly notified of the transfer: Provided further, That NIH is 
authorized to collect third party payments for the cost of clinical 
services that are incurred in National Institutes of Health research 
facilities and that such payments shall be credited to the National 
Institutes of Health Management Fund: Provided further, That all funds 
credited to the NIH Management Fund shall remain available for one 
fiscal year after the fiscal year in which they are deposited: Provided 
further, That up to $500,000 shall be available to carry out section 499 
of the Public Health Service Act: Provided further, That, 
notwithstanding section 499(k)(10) of the Public Health Service Act, 
funds from the National Foundation for Biomedical Research may be 
transferred to the National Institutes of Health: Provided further, That 
$20,000,000 shall be available to carry out section 404E of the Public 
Health Service Act: Provided further, That of the funds available to 
carry out section 404E of the Public Health Service Act, not less than 
$7,000,000 shall be for peer reviewed complementary and alternative 
medicine research grants and contracts that respond to program 
announcements and requests for proposals issued by the Office of 
Alternative Medicine.

                        buildings and facilities

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

[[Page 111 STAT. 1483]]

        Substance Abuse and Mental Health Services Administration

               substance abuse and mental health services

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

      retirement pay and medical benefits for commissioned officers

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

               Agency for Health Care Policy and Research

                     health care policy and research

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

                  Health Care Financing Administration

                      grants to states for medicaid

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

[[Page 111 STAT. 1484]]

                   payments to health care trust funds

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

                           program management

    For carrying out, except as otherwise provided, titles XI, XVIII, 
XIX and XXI of the Social Security Act, titles XIII and XXVII of the 
Public Health Service Act, and the Clinical Laboratory Improvement 
Amendments of 1988, not to exceed $1,743,066,000 to be transferred from 
the Federal Hospital Insurance and the Federal Supplementary Medical 
Insurance Trust Funds, as authorized by section 201(g) of the Social 
Security Act; together with all funds collected in accordance with 
section 353 of the Public Health Service Act and such sums as may be 
collected from authorized user fees and the sale of data, which shall 
remain available until expended, and together with administrative fees 
collected relative to Medicare overpayment recovery activities, which 
shall remain available until expended: Provided, That all funds derived 
in accordance with 31 U.S.C. 9701 from organizations established under 
title XIII of the Public Health Service Act shall be credited to and 
available for carrying out the purposes of this appropriation: Provided 
further, That $900,000 shall be for carrying out section 4021 of Public 
Law <<NOTE: 42 USC 1395b note.>>  105-33: Provided further, That in 
carrying out its legislative mandate, the National Bipartisan Commission 
on the Future of Medicare shall examine the impact of increased 
investments in health research on future Medicare costs, and the 
potential for coordinating Medicare with cost-effective long-term care 
services: Provided further, That $40,000,000 appropriated under this 
heading for the transition to a single Part A and Part B processing 
system shall remain available until expended: Provided further, That 
funds appropriated under this heading may be obligated to increase 
Medicare provider audits and implement the Department's corrective 
action plan to the Chief Financial Officer's audit of the Health Care 
Financing Administration's oversight of Medicare: Provided further, That 
the Secretary of Health and Human Services is directed to collect, in 
aggregate, $95,000,000 in fees in fiscal year 1998 from Medicare+Choice 
organizations pursuant to section 1857(e)(2) of the Social Security Act 
and from eligible organizations with risk-sharing contracts under 
section 1876 of that Act pursuant to section 1876(k)(4)(D) of that Act.

      health maintenance organization loan and loan guarantee fund

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

[[Page 111 STAT. 1485]]

                Administration for Children and Families

                    family support payments to states

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

                    low income home energy assistance

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

                     refugee and entrant assistance

    For making payments for refugee and entrant assistance activities 
authorized by title IV of the Immigration and Nationality Act and 
section 501 of the Refugee Education Assistance Act of

[[Page 111 STAT. 1486]]

1980 (Public Law 96-422), $415,000,000: Provided, That funds 
appropriated pursuant to section 414(a) of the Immigration and 
Nationality Act under Public Law 104-134 for fiscal year 1996 shall be 
available for the costs of assistance provided and other activities 
conducted in such year and in fiscal years 1997 and 1998.

                 child care and development block grant

                      (including transfer of funds)

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

                       social services block grant

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

                 children and families services programs

                         (including rescissions)

    For carrying out, except as otherwise provided, the Runaway and 
Homeless Youth Act, the Developmental Disabilities Assistance and Bill 
of Rights Act, the Head Start Act, the Child Abuse Prevention and 
Treatment Act (including section 105(a)(2) of the Child Abuse Prevention 
and Treatment Act), the Family Violence Prevention and Services Act, the 
Native American Programs Act of 1974, title II of Public Law 95-266 
(adoption opportunities), the Abandoned Infants Assistance Act of 1988, 
part B(1) of title IV and sections 413, 429A and 1110 of the Social 
Security Act; for making payments under the Community Services Block 
Grant Act; and for necessary administrative expenses to carry out said 
Acts and titles I, IV, X, XI, XIV, XVI, and XX of the Social Security 
Act, the Act of July 5, 1960 (24 U.S.C. ch. 9), the Omnibus Budget 
Reconciliation Act of 1981, title IV of the Immigration and Nationality 
Act, section 501 of the Refugee Education Assistance Act of 1980, and 
section 126 and titles IV and V of Public Law 100-485, $5,682,916,000, 
of which $542,165,000 shall be for making

[[Page 111 STAT. 1487]]

payments under the Community Services Block Grant Act, and of which 
$4,355,000,000 shall be for making payments under the Head Start Act: 
Provided, That of the funds made available for the Head Start Act, 
$279,250,000 shall be set aside for the Head Start Program for Families 
with Infants and Toddlers (Early Head Start): Provided further, That to 
the extent Community Services Block Grant funds are distributed as grant 
funds by a State to an eligible entity as provided under the Act, and 
have not been expended by such entity, they shall remain with such 
entity for carryover into the next fiscal year for expenditure by such 
entity consistent with program purposes.
    In addition, $93,000,000, to be derived from the Violent Crime 
Reduction Trust Fund, for carrying out sections 40155, 40211 and 40241 
of Public Law 103-322.
    Funds appropriated for fiscal year 1998 under section 429A(e), part 
B of title IV of the Social Security Act shall be reduced by $6,000,000.
    Funds appropriated for fiscal year 1998 under section 413(h)(1) of 
the Social Security Act shall be reduced by $15,000,000.

                     family preservation and support

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

       payments to states for foster care and adoption assistance

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

                         Administration on Aging

                         aging services programs

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

[[Page 111 STAT. 1488]]

                         Office of the Secretary

                     general departmental management

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

                       office of inspector general

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

                         office for civil rights

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

                             policy research

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

                           GENERAL PROVISIONS

    Sec. 201. Funds appropriated in this title shall be available for 
not to exceed $37,000 for official reception and representation expenses 
when specifically approved by the Secretary.
    Sec. 202. The <<NOTE: Children, youth and families. AIDS.>>  
Secretary shall make available through assignment not more than 60 
employees of the Public Health Service to assist in child survival 
activities and to work in AIDS programs through and with funds provided 
by the Agency for International Development, the United Nations 
International Children's Emergency Fund or the World Health 
Organization.

    Sec. 203. None of the funds appropriated under this Act may be used 
to implement section 399L(b) of the Public Health Service Act or section 
1503 of the National Institutes of Health Revitalization Act of 1993, 
Public Law 103-43.
    Sec. 204. None of the funds appropriated in this Act for the 
National Institutes of Health and the Substance Abuse and Mental Health 
Services Administration shall be used to pay the salary of an 
individual, through a grant or other extramural mechanism, at a rate in 
excess of $125,000 per year.
    Sec. 205. None of the funds appropriated in this Act may be expended 
pursuant to section 241 of the Public Health Service Act, except for 
funds specifically provided for in this Act, or for

[[Page 111 STAT. 1489]]

other taps and assessments made by any office located in the Department 
of Health and Human Services, prior to the Secretary's preparation and 
submission of a report to the Committee on Appropriations of the Senate 
and of the House detailing the planned uses of such funds.
    Sec. 206. None of the funds appropriated in this Act may be 
obligated or expended for the Federal Council on Aging under the Older 
Americans Act or the Advisory Board on Child Abuse and Neglect under the 
Child Abuse Prevention and Treatment Act.

                           (transfer of funds)

    Sec. 207. Not to exceed 1 percent of any discretionary funds 
(pursuant to the Balanced Budget and Emergency Deficit Control Act, as 
amended) which are appropriated for the current fiscal year for the 
Department of Health and Human Services in this Act may be transferred 
between appropriations, but no such appropriation shall be increased by 
more than 3 percent by any such transfer: Provided, That the 
Appropriations Committees of both Houses of Congress are notified at 
least fifteen days in advance of any transfer.
    Sec. 208. The Director of the National Institutes of Health, jointly 
with the Director of the Office of AIDS Research, may transfer up to 3 
percent among institutes, centers, and divisions from the total amounts 
identified by these two Directors as funding for research pertaining to 
the human immunodeficiency virus: Provided, That the Congress is 
promptly notified of the transfer.
    Sec. 209. Of the amounts made available in this Act for the National 
Institutes of Health, the amount for research related to the human 
immunodeficiency virus, as jointly determined by the Director of NIH and 
the Director of the Office of AIDS Research, shall be made available to 
the ``Office of AIDS Research'' account. The Director of the Office of 
AIDS Research shall transfer from such account amounts necessary to 
carry out section 2353(d)(3) of the Public Health Service Act.
    Sec. 210. Funds appropriated in this Act for the National Institutes 
of Health may be used to provide transit subsidies in amounts consistent 
with the transportation subsidy programs authorized under section 629 of 
Public Law 101-509 to non-FTE bearing positions including trainees, 
visiting fellows and volunteers.
    Sec. 211. (a) The <<NOTE: 42 USC 247e note.>>  Secretary of Health 
and Human Services may in accordance with this section provide for the 
relocation of the Federal facility known as the Gillis W. Long Hansen's 
Disease Center (located in the vicinity of Carville, in the State of 
Louisiana), including the relocation of the patients of the Center.

    (b)(1) Subject to paragraph (2), in relocating the Center the 
Secretary may on behalf of the United States transfer to the State of 
Louisiana, without charge, title to the real property and improvements 
that as of the date of the enactment of this Act constitute the Center. 
Such real property is a parcel consisting of approximately 330 acres. 
The exact acreage and legal description used for purposes of the 
transfer shall be in accordance with a survey satisfactory to the 
Secretary.
    (2) Any conveyance under paragraph (1) is not effective unless the 
deed or other instrument of conveyance contains the conditions specified 
in subsection (d); the instrument specifies that the United States and 
the State of Louisiana agree to such conditions; and

[[Page 111 STAT. 1490]]

the instrument specifies that, if the State engages in a material breach 
of the conditions, title to the real property and improvements involved 
reverts to the United States at the election of the Secretary.
    (c)(1) With respect to Federal equipment and other items of Federal 
personal property that are in use at the Center as of the date of the 
enactment of this Act, the Secretary may, subject to paragraph (2), 
transfer to the State such items as the Secretary determines to be 
appropriate, if the Secretary makes the transfer under subsection (b).
    (2) A transfer of equipment or other items may be made under 
paragraph (1) only if the State agrees that, during the 30-year period 
beginning on the date on which the transfer under subsection (b) is 
made, the items will be used exclusively for purposes that promote the 
health or education of the public, except that the Secretary may 
authorize such exceptions as the Secretary determines to be appropriate.
    (d) For purposes of subsection (b)(2), the conditions specified in 
this subsection with respect to a transfer of title are the following:
            (1) During the 30-year period beginning on the date on which 
        the transfer is made, the real property and improvements 
        referred to in subsection (b)(1) (referred to in this subsection 
        as the ``transferred property'') will be used exclusively for 
        purposes that promote the health or education of the public, 
        with such incidental exceptions as the Secretary may approve.
            (2) For purposes of monitoring the extent to which the 
        transferred property is being used in accordance with paragraph 
        (1), the Secretary will have access to such documents as the 
        Secretary determines to be necessary, and the Secretary may 
        require the advance approval of the Secretary for such 
        contracts, conveyances of real or personal property, or other 
        transactions as the Secretary determines to be necessary.
            (3) The relocation of patients from the transferred property 
        will be completed not later than 3 years after the date on which 
        the transfer is made, except to the extent the Secretary 
        determines that relocating particular patients is not feasible. 
        During the period of relocation, the Secretary will have 
        unrestricted access to the transferred property, and after such 
        period will have such access as may be necessary with respect to 
        the patients who pursuant to the preceding sentence are not 
        relocated.
            (4)(A) With respect to projects to make repairs and energy-
        related improvements at the transferred property, the Secretary 
        will provide for the completion of all such projects for which 
        contracts have been awarded and appropriations have been made as 
        of the date on which the transfer is made.
            (B) If upon completion of the projects referred to in 
        subparagraph (A) there are any unobligated balances of amounts 
        appropriated for the projects, and the sum of such balances is 
        in excess of $100,000--
                    (i) the Secretary will transfer the amount of such 
                excess to the State; and
                    (ii) the State will expend such amount for the 
                purposes referred to in paragraph (1), which may include 
                the renovation of facilities at the transferred 
                property.
            (5)(A) The State will maintain the cemetery located on the 
        transferred property, will permit individuals who were long-

[[Page 111 STAT. 1491]]

        term-care patients of the Center to be buried at the cemetery, 
        and will permit members of the public to visit the cemetery.
            (B) The State will permit the Center to maintain a museum on 
        the transferred property, and will permit members of the public 
        to visit the museum.
            (C) In the case of any waste products stored at the 
        transferred property as of the date of the transfer, the Federal 
        Government will after the transfer retain title to and 
        responsibility for the products, and the State will not require 
        that the Federal Government remove the products from the 
        transferred property.
            (6) In the case of each individual who as of the date of the 
        enactment of this Act is a Federal employee at the transferred 
        property with facilities management or dietary duties:
                    (A) The State will offer the individual an 
                employment position with the State, the position with 
                the State will have duties similar to the duties the 
                individual performed in his or her most recent position 
                at the transferred property, and the position with the 
                State will provide compensation and benefits that are 
                similar to the compensation and benefits provided for 
                such most recent position, subject to the concurrence of 
                the Governor of the State.
                    (B) If the individual becomes an employee of the 
                State pursuant to subparagraph (A), the State will make 
                payments in accordance with subsection (e)(2)(B) 
                (relating to disability), as applicable with respect to 
                the individual.
            (7) The Federal Government may, consistent with the intended 
        uses by the State of the transferred property, carry out at such 
        property activities regarding at-risk youth.
            (8) Such additional conditions as the Secretary determines 
        to be necessary to protect the interests of the United States.

    (e)(1) This <<NOTE: Applicability.>>  subsection applies if the 
transfer under subsection (b) is made.

    (2) In the case of each individual who as of the date of the 
enactment of this Act is a Federal employee at the Center with 
facilities management or dietary duties, and who becomes an employee of 
the State pursuant to subsection (d)(6)(A):
            (A) The provisions of subchapter III of chapter 83 of title 
        5, United States Code, or of chapter 84 of such title, whichever 
        are applicable, that relate to disability shall be considered to 
        remain in effect with respect to the individual (subject to 
        subparagraph (C)) until the earlier of--
                    (i) the expiration of the 2-year period beginning on 
                the date on which the transfer under subsection (b) is 
                made; or
                    (ii) the date on which the individual first meets 
                all conditions for coverage under a State program for 
                payments during retirement by reason of disability.
            (B) The payments to be made by the State pursuant to 
        subsection (d)(6)(B) with respect to the individual are payments 
        to the Civil Service Retirement and Disability Fund, if the 
        individual is receiving Federal disability coverage pursuant to 
        subparagraph (A). Such payments are to be made in a total amount 
        equal to that portion of the normal-cost percentage (determined 
        through the use of dynamic assumptions) of the basic pay of the 
        individual that is allocable to such coverage

[[Page 111 STAT. 1492]]

        and is paid for service performed during the period for which 
        such coverage is in effect. Such amount is to be determined in 
        accordance with chapter 84 of such title 5, is to be paid at 
        such time and in such manner as mutually agreed by the State and 
        the Office of Personnel Management, and is in lieu of individual 
        or agency contributions otherwise required.
            (C) In the determination pursuant to subparagraph (A) of 
        whether the individual is eligible for Federal disability 
        coverage (during the applicable period of time under such 
        subparagraph), service as an employee of the State after the 
        date of the transfer under subsection (b) shall be counted 
        toward the service requirement specified in the first sentence 
        of section 8337(a) or 8451(a)(1)(A) of such title 5 (whichever 
        is applicable).

    (3) In the case of each individual who as of the date of the 
enactment of this Act is a Federal employee with a position at the 
Center and is, for duty at the Center, receiving the pay differential 
under section 208(e) of the Public Health Service Act or under section 
5545(d) of title 5, United States Code:
            (A) If as of the date of the transfer under subsection (b) 
        the individual is eligible for an annuity under section 8336 or 
        8412 of title 5, United States Code, then once the individual 
        separates from the service and thereby becomes entitled to 
        receive the annuity, the pay differential shall be included in 
        the computation of the annuity if the individual separated from 
        the service not later than the expiration of the 90-day period 
        beginning on the date of the transfer.
            (B) If the individual is not eligible for such an annuity as 
        of the date of the transfer under subsection (b) but 
        subsequently does become eligible, then once the individual 
        separates from the service and thereby becomes entitled to 
        receive the annuity, the pay differential shall be included in 
        the computation of the annuity if the individual separated from 
        the service not later than the expiration of the 90-day period 
        beginning on the date on which the individual first became 
        eligible for the annuity.
            (C) For purposes of this paragraph, the individual is 
        eligible for the annuity if the individual meets all conditions 
        under such section 8336 or 8412 to be entitled to the annuity, 
        except the condition that the individual be separated from the 
        service.

    (4) With respect to individuals who as of the date of the enactment 
of this Act are Federal employees with positions at the Center and are 
not, for duty at the center, receiving the pay differential under 
section 208(e) of the Public Health Service Act or under section 5545(d) 
of title 5, United States Code:
            (A) During the calendar years 1997 and 1998, the Secretary 
        may in accordance with this paragraph provide to any such 
        individual a voluntary separation incentive payment. The purpose 
        of such payments is to avoid or minimize the need for 
        involuntary separations under a reduction in force with respect 
        to the Center.
            (B) During calendar year 1997, any payment under 
        subparagraph (A) shall be made under section 663 of the 
        Treasury, Postal Service, and General Government Appropriations 
        Act, 1997 (as contained in section 101(f) of division A of 
        Public Law 104-208), except that, for purposes of this 
        subparagraph, subsection (b) of such section 663 does not apply.

[[Page 111 STAT. 1493]]

            (C) During calendar <<NOTE: Applicability.>>  year 1998, 
        such section 663 applies with respect to payments under 
        subparagraph (A) to the same extent and in the same manner as 
        such section applied with respect to the payments during fiscal 
        year 1997, and for purposes of this subparagraph, the reference 
        in subsection (c)(2)(D) of such section 663 to December 31, 
        1997, is deemed to be a reference to December 31, 1998.

    (f) The following <<NOTE: Applicability.>>  provisions apply if 
under subsection (a) the Secretary makes the decision to relocate the 
Center:
            (1) The site to which the Center is relocated shall be in 
        the vicinity of Baton Rouge, in the State of Louisiana.
            (2) The facility involved shall continue to be designated as 
        the Gillis W. Long Hansen's Disease Center.
            (3) The Secretary shall make reasonable efforts to inform 
        the patients of the Center with respect to the planning and 
        carrying out of the relocation.
            (4) In the case of each individual who as of October 1, 
        1996, was a patient of the Center and is considered by the 
        Director of the Center to be a long-term-care patient (referred 
        to in this subsection as an ``eligible patient''), the Secretary 
        shall continue to provide for the long-term care of the eligible 
        patient, without charge, for the remainder of the life of the 
        patient.
            (5)(A) For purposes of paragraph (4), an eligible patient 
        who is legally competent has the following options with respect 
        to support and maintenance and other nonmedical expenses:
                    (i) For the remainder of his or her life, the 
                patient may reside at the Center.
                    (ii) For the remainder of his or her life, the 
                patient may receive payments each year at an annual rate 
                of $33,000 (adjusted in accordance with subparagraphs 
                (C) and (D)), and may not reside at the Center. Payments 
                under this clause are in complete discharge of the 
                obligation of the Federal Government under paragraph (4) 
                for support and maintenance and other nonmedical 
                expenses of the patient.
            (B) The choice by an eligible patient of the option under 
        clause (i) of subparagraph (A) may at any time be revoked by the 
        patient, and the patient may instead choose the option under 
        clause (ii) of such subparagraph. The choice by an eligible 
        patient of the option under such clause (ii) is irrevocable.
            (C) Payments under subparagraph (A)(ii) shall be made on a 
        monthly basis, and shall be pro rated as applicable. In 1999 and 
        each subsequent year, the monthly amount of such payments shall 
        be increased by a percentage equal to any percentage increase 
        taking effect under section 215(i) of the Social Security Act 
        (relating to a cost-of-living increase) for benefits under title 
        II of such Act (relating to Federal old-age, survivors, and 
        disability insurance benefits). Any such percentage increase in 
        monthly payments under subparagraph (A)(ii) shall take effect in 
        the same month as the percentage increase under such section 
        215(i) takes effect.
            (D) With respect to the provision of outpatient and 
        inpatient medical care for Hansen's disease and related 
        complications to an eligible patient:

[[Page 111 STAT. 1494]]

                    (i) The choice the patient makes under subparagraph 
                (A) does not affect the responsibility of the Secretary 
                for providing to the patient such care at or through the 
                Center.
                    (ii) If the patient chooses the option under 
                subparagraph (A)(ii) and receives inpatient care at or 
                through the Center, the Secretary may reduce the amount 
                of payments under such subparagraph, except to the 
                extent that reimbursement for the expenses of such care 
                is available to the provider of the care through the 
                program under title XVIII of the Social Security Act or 
                the program under title XIX of such Act. Any such 
                reduction shall be made on the basis of the number of 
                days for which the patient received the inpatient care.
            (6) The Secretary shall provide to each eligible patient 
        such information and time as may be necessary for the patient to 
        make an informed decision regarding the options under paragraph 
        (5)(A).
            (7) After the date of the enactment of this Act, the Center 
        may not provide long-term care for any individual who as of such 
        date was not receiving such care as a patient of the Center.
            (8) If upon completion of the projects referred to in 
        subsection (d)(4)(A) there are unobligated balances of amounts 
        appropriated for the projects, such balances are available to 
        the Secretary for expenses relating to the relocation of the 
        Center, except that, if the sum of such balances is in excess of 
        $100,000, such excess is available to the State in accordance 
        with subsection (d)(4)(B). The amounts available to the 
        Secretary pursuant to the preceding sentence are available until 
        expended.

    (g) For purposes of this section:
            (1) The term ``Center'' means the Gillis W. Long Hansen's 
        Disease Center.
            (2) The term ``Secretary'' means the Secretary of Health and 
        Human Services.
            (3) The term ``State'' means the State of Louisiana.

    (h) Section 320 of the Public Health Service Act (42 U.S.C. 247e) is 
amended by striking the section designation and all that follows and 
inserting the following:
    ``Sec. 320. (a)(1) <<NOTE: Louisiana.>>  At or through the Gillis W. 
Long Hansen's Disease Center (located in the State of Louisiana), the 
Secretary shall without charge provide short-term care and treatment, 
including outpatient care, for Hansen's disease and related 
complications to any person determined by the Secretary to be in need of 
such care and treatment. The Secretary may not at or through such Center 
provide long-term care for any such disease or complication.

    ``(2) The Center referred to in paragraph (1) shall conduct training 
in the diagnosis and management of Hansen's disease and related 
complications, and shall conduct and promote the coordination of 
research (including clinical research), investigations, demonstrations, 
and studies relating to the causes, diagnosis, treatment, control, and 
prevention of Hansen's disease and other mycobacterial diseases and 
complications related to such diseases.
    ``(3) Paragraph (1) is subject to section 211 of the Department of 
Health and Human Services Appropriations Act, 1998.
    ``(b) In addition to the Center referred to in subsection (a), the 
Secretary may establish sites regarding persons with Hansen's

[[Page 111 STAT. 1495]]

disease. Each such site shall provide for the outpatient care and 
treatment for Hansen's disease and related complications to any person 
determined by the Secretary to be in need of such care and treatment.
    ``(c) The Secretary shall carry out subsections (a) and (b) acting 
through an agency of the Service. For purposes of the preceding 
sentence, the agency designated by the Secretary shall carry out both 
activities relating to the provision of health services and activities 
relating to the conduct of research.
    ``(d) The Secretary shall make payments to the Board of Health of 
the State of Hawaii for the care and treatment (including outpatient 
care) in its facilities of persons suffering from Hansen's disease at a 
rate determined by the Secretary. The rate shall be approximately equal 
to the operating cost per patient of such facilities, except that the 
rate may not exceed the comparable costs per patient with Hansen's 
disease for care and treatment provided by the Center referred to in 
subsection (a). Payments under this subsection are subject to the 
availability of appropriations for such purpose.''.
    Sec. 212. None of the funds appropriated in the Act may be made 
available to any entity under title X of the Public Health Service Act 
unless the applicant for the award certifies to the Secretary that it 
encourages family participation in the decision of minors to seek family 
planning services and that it provides counseling to minors on how to 
resist attempts to coerce minors into engaging in sexual activities.

    comprehensive independent study of nih research priority setting

    Sec. 213. <<NOTE: Contracts.>>  (a) Study by the Institute of 
Medicine.--Not later than 30 days after the date of enactment of this 
Act, the Secretary of Health and Human Services shall enter into a 
contract with the Institute of Medicine to conduct a comprehensive study 
of the policies and process used by the National Institutes of Health to 
determine funding allocations for biomedical research.

    (b) Matters To Be Assessed.--The study under subsection (a) shall 
assess--
            (1) the factors or criteria used by the National Institutes 
        of Health to determine funding allocations for disease research;
            (2) the process by which research funding decisions are 
        made;
            (3) the mechanisms for public input into the priority 
        setting process; and
            (4) the impact of statutory directives on research funding 
        decisions.

    (c) Report.--
            (1) In general.--Not later than 6 months after the date on 
        which the Secretary of Health and Human Services enters into the 
        contract under subsection (a), the Institute of Medicine shall 
        submit a report concerning the study to the Committee on Labor 
        and Human Resources and the Committee on Appropriations of the 
        Senate, and the Committee on Commerce and the Committee on 
        Appropriations of the House of Representatives.
            (2) Requirement.--The report under paragraph (1) shall set 
        forth the findings, conclusions, and recommendations of the 
        Institute of Medicine for improvements in the National

[[Page 111 STAT. 1496]]

        Institutes of Health research funding policies and processes and 
        for any necessary congressional action.

    This title may be cited as the ``Department of Health and Human 
Services Appropriations Act, 1998''.

  TITLE III--DEPARTMENT <<NOTE: Department of Education Appropriations 
Act, 1998.>>  OF EDUCATION

                            education reform

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

                     education for the disadvantaged

    For carrying out title I of the Elementary and Secondary Education 
Act of 1965, and section 418A of the Higher Education Act, 
$8,021,827,000, of which $6,553,249,000 shall become available on July 
1, 1998, and shall remain available through September 30, 1999, and of 
which $1,448,386,000 shall become available on October 1, 1998 and shall 
remain available through September 30, 1999, for academic year 1998-
1999: Provided, That $6,273,212,000 shall be available for basic grants 
under section 1124: Provided further, That up to $3,500,000 of these 
funds shall be available to the Secretary on October 1, 1997, to obtain 
updated local-educational-agency-level census poverty data from the 
Bureau

[[Page 111 STAT. 1497]]

of the Census: Provided further, That $1,102,020,000 shall be available 
for concentration grants under section 1124A, $6,977,000 shall be 
available for evaluations under section 1501 and not more than 
$7,500,000 shall be reserved for section 1308, of which not more than 
$3,000,000 shall be reserved for section 1308(d): Provided further, That 
grant awards under section 1124 and 1124A of title I of the Elementary 
and Secondary Education Act shall be made to each State or local 
educational agency at no less than 100 percent of the amount such State 
or local educational agency received under this authority for fiscal 
year 1997 under Public Laws 104-208 and 105-18: Provided further, That 
in determining State allocations under any other program administered by 
the Secretary, amounts provided under Public Law 105-18, or equivalent 
amounts provided for in this Act, will not be taken into account in 
determining State allocations: Provided further, That $120,000,000 shall 
be available under section 1002(g)(2) to demonstrate effective 
approaches to comprehensive school reform to be allocated and expended 
in accordance with the instructions relating to this proviso in the 
statement of the managers on the conference report accompanying this 
Act: Provided further, That in carrying out this initiative, the 
Secretary and the States shall support only approaches that show the 
most promise of enabling children served by title I to meet challenging 
State content standards and challenging State student performance 
standards based on reliable research and effective practices, and 
include an emphasis on basic academics and parental involvement: 
Provided further, That such funds shall not be available for section 
1503.

                               impact aid

    For carrying out programs of financial assistance to federally 
affected schools authorized by title VIII of the Elementary and 
Secondary Education Act of 1965, $808,000,000, of which $662,000,000 
shall be for basic support payments under section 8003(b), $50,000,000 
shall be for payments for children with disabilities under section 
8003(d), $62,000,000, to remain available until expended, shall be for 
payments under section 8003(f), $7,000,000 shall be for construction 
under section 8007, and $24,000,000 shall be for Federal property 
payments under section 8002 of which such sums as may be necessary shall 
be for section 8002(j) and $3,000,000, to remain available until 
expended, shall be for facilities maintenance under section 8008: 
Provided, That section 8003(f)(2) of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7709(f)(2)) is amended <<NOTE: 20 USC 
7703.>>  in clause (ii) in subclause (I) by striking ``35 percent'' and 
all that follows through the semicolon, and inserting the following: 
``25 percent of the total student enrollment of such agency. For 
purposes of this subclause, all students described in section 8003(a)(1) 
are used to determine eligibility, regardless of whether or not a local 
educational agency receives funds for these children from section 
8003(b) of the Act;''.

    The amendment <<NOTE: Applicability. 20 USC 7703 note.>>  made by 
this proviso shall apply with respect to fiscal years beginning with 
fiscal year 1996: Provided, That the Secretary of Education shall treat 
as timely filed, and shall process for payment, an application for a 
fiscal year 1998 payment from the local educational agency for Boston, 
Massachusetts, under section 8003 of the Elementary and Secondary 
Education Act of 1965 if the Secretary has received that application not 
later than 30 days after the enactment of this Act: Provided further, 
That

[[Page 111 STAT. 1498]]

the Secretary of Education shall forgive any overpayments established 
for fiscal year 1994 under section 3(d)(2)(B) of the Act of September 
30, 1950 (Public Law 874--81st Congress), for any local educational 
agency in the State of Texas receiving funds appropriated for fiscal 
year 1994 under the authority of this section: Provided further, That 
section 8002 of the Elementary and Education Act of 1965 (20 U.S.C. 
7702) is amended by adding the following new subsection:

    ``(j) Additional Assistance for Certain Local Educational Agencies 
Impacted by Federal Property Acquisition.--
            ``(1) Reservation.--From amounts appropriated under section 
        8014(g) for a fiscal year, the Secretary shall provide 
        additional assistance to meet special circumstances relating to 
        the provision of education in local educational agencies 
        eligible to receive assistance under this section.
            ``(2) Eligibility.--(A) A local educational agency is 
        eligible to receive additional assistance under this subsection 
        only if such agency--
                    ``(i) received a payment under both this section and 
                section 8003(b) for fiscal year 1996 and is eligible to 
                receive payments under those sections for the year of 
                application;
                    ``(ii) provided a free public education to children 
                described under sections 8003(a)(1)(A), (B), or (D);
                    ``(iii) had a military installation located within 
                the geographic boundaries of the local educational 
                agency that was closed as a result of base closure or 
                realignment;
                    ``(iv) remains responsible for the free public 
                education of children residing in housing located on 
                Federal property within the boundaries of the closed 
                military installation but whose parents are on active 
                duty in the uniformed services and assigned to a 
                military activity located within the boundaries of an 
                adjoining local educational agency; and
                    ``(v) demonstrates to the satisfaction of the 
                Secretary that such agency's per-pupil revenue derived 
                from local sources for current expenditures is not less 
                than that revenue for the preceding fiscal year.
            ``(3) Maximum amount.--(A) The maximum amount that a local 
        educational agency is eligible to receive under this subsection 
        for any fiscal year, when combined with its payment under 
        subsection (b), shall not be more than 50 percent of the maximum 
        amount determined under subsection (b);
            ``(B) If funds appropriated under section 8014(g) are 
        insufficient to pay the amount determined under subparagraph 
        (A), the Secretary shall ratably reduce the payment to each 
        local education agency eligible under this subsection;
            ``(C) If funds appropriated under section 8014(g) are in 
        excess of the amount determined under subparagraph (A) the 
        Secretary shall ratably distribute any excess funds to all local 
        educational agencies eligible for payment under subsection (b) 
        of this section.'':

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

[[Page 111 STAT. 1499]]

as are necessary beginning in fiscal year 1998 and for each succeeding 
fiscal year.'': Provided further, That of the funds available for 
section 8007, the Secretary shall, under such terms and conditions he 
determines appropriate, first provide $1,500,000 to applicant number 11-
2815 and $1,500,000 to applicant number 36-4403 for the construction of 
public elementary or secondary schools where the current structures are 
unsafe and pose serious health threats to the students, if requests for 
funding and construction project descriptions are submitted to the 
Secretary within 30 days of enactment of this Act: Provided further, 
That notwithstanding any deadline established by the Secretary of 
Education under subsection (c) of section 8005 of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 7705), and without regard to 
paragraphs (1)(A), (2), and (3) of subsection (d) of that section, the 
Secretary shall accept, as if timely received, an application from the 
Maconaquah School Corporation, Bunker Hill, Indiana, under section 8003 
of that Act for fiscal year 1996 if the Secretary has received that 
application not later than 30 days after the enactment of this Act: 
Provided further, That notwithstanding any other provision of law, the 
Secretary of Defense shall treat any data included in an application 
described in the preceding proviso, and that is approved by the 
Secretary of Education, as data to be used in determining the 
eligibility of the Maconaquah School Corporation, Bunker Hill, Indiana, 
for, and the amount of, a payment for any of the fiscal years 1998 
through 2000 under section 386 of the National Defense Authorization Act 
for Fiscal Year 1993: Provided further, That section 8 <<NOTE: 110 Stat. 
2383.>>  of Public Law 104-195 is amended by striking the period after 
``year'' and adding the following: ``or, for fiscal year 1995 or fiscal 
year 1996, the amount of any payment under section 8003(f) of the 
Elementary and Secondary Education Act of <<NOTE: Kentucky.>>  1965'': 
Provided further, That the Secretary of Education shall deem the local 
educational agency serving the Clinton County School District in Albany, 
Kentucky, to meet the eligibility requirements of section 8002(a)(1)(C) 
of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
7702(a)(1)(C)).

                       school improvement programs

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

[[Page 111 STAT. 1500]]

                        child literacy initiative

                      (including transfer of funds)

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

                            indian education

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

                    bilingual and immigrant education

    For carrying out, to the extent not otherwise provided, bilingual, 
foreign language and immigrant education activities authorized by parts 
A and C and section 7203 of title VII of the Elementary and Secondary 
Education Act of 1965, without regard to section 7103(b), $354,000,000: 
Provided, That State educational agencies may use all, or any part of, 
their part C allocation for competitive grants to local educational 
agencies: Provided further, That the Department of Education should only 
support instructional programs which ensure that students completely 
master English in a timely fashion (a period of three to five years) 
while meeting rigorous achievement standards in the academic content 
areas.

                            special education

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

             rehabilitation services and disability research

    For carrying out, to the extent not otherwise provided, the 
Rehabilitation Act of 1973, the Technology-Related Assistance for 
Individuals with Disabilities Act, and the Helen Keller National Center 
Act, as amended, $2,591,195,000.

           Special Institutions for Persons With Disabilities

                  american printing house for the blind

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

[[Page 111 STAT. 1501]]

                national technical institute for the deaf

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

                          gallaudet university

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

                     vocational and adult education

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

                      student financial assistance

    For carrying out subparts 1, 3, and 4 of part A, part C and part E 
of title IV of the Higher Education Act of 1965, as amended, 
$8,978,934,000, which shall remain available through September 30, 1999.
    The maximum <<NOTE: 20 USC 1070a note.>>  Pell Grant for which a 
student shall be eligible during award year 1998-1999 shall be $3,000: 
Provided, That notwithstanding section 401(g) of the Act, if the 
Secretary determines, prior to publication of the payment schedule for 
such award year, that the amount included within this appropriation for 
Pell Grant awards in such award year, and any funds available from the 
fiscal year 1997 appropriation for Pell Grant awards, are insufficient 
to satisfy fully all such awards for which students are eligible, as 
calculated under section 401(b) of the Act, the amount paid for each 
such award shall be reduced by either a fixed or variable percentage, or 
by a fixed dollar amount, as determined in accordance with a schedule of 
reductions established by the Secretary for this purpose: Provided 
further, That if the Secretary determines that the funds available to 
fund Pell Grants for award year 1998-1999 exceed the amount needed to 
fund Pell Grants at a maximum

[[Page 111 STAT. 1502]]

award of $3,000 for that award year, the Secretary may increase the 
income protection allowances in sections 475(g)(2)(D), and 
476(b)(1)(A)(iv)(I), (II), and (III) up to the amounts at which Pell 
Grant awards calculated using the increased income protection allowances 
equal the funds available to make Pell Grants in award year 1998-1999 
with a $3,000 maximum award, except that the income protection allowance 
in section 475(g)(2)(D) may not exceed $2,200, the income protection 
allowance in sections 476(b)(1)(A)(iv)(I) and (II) may not exceed 
$4,250, and the income protection allowance in section 
476(b)(1)(A)(iv)(III) may not exceed $7,250.

              federal family education loan program account

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

                            higher education

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

                            howard university

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

          college housing and academic facilities loans program

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

[[Page 111 STAT. 1503]]

  historically black college and university capital financing, program 
                                 account

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

             education research, statistics, and improvement

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

[[Page 111 STAT. 1504]]

            (A) has a national monument declared within the State under 
        the authority of the Act entitled ``An Act for the preservation 
        of American antiquities'', approved June 8, 1906 (16 U.S.C. 431 
        et seq.) (commonly known as the Antiquities Act of 1906) that 
        incorporates more than 100,000 acres of State school trust lands 
        within the boundaries of the national monument; and
            (B) ranks in the lowest 25 percent of all States when 
        comparing the average per pupil expenditure (as defined in 
        section 14101 of the Elementary and Secondary Education Act of 
        1965 (20 U.S.C. 8801)) in the State to the average per pupil 
        expenditure for each State in the United States.

                institute of museum and library services

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

                         Departmental Management

                         program administration

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

                         office for civil rights

    For expenses necessary for the Office for Civil Rights, as 
authorized by section 203 of the Department of Education Organization 
Act, $61,500,000.

                     office of the inspector general

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

                           GENERAL PROVISIONS

    Sec. 301. No <<NOTE: Schools. Desegration.>>  funds appropriated in 
this Act may be used for the transportation of students or teachers (or 
for the purchase of equipment for such transportation) in order to 
overcome racial imbalance in any school or school system, or for the 
transportation of students or teachers (or for the purchase of equipment 
for such transportation) in order to carry out a plan of racial 
desegregation of any school or school system.

    Sec. 302. None <<NOTE: Busing.>>  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.

[[Page 111 STAT. 1505]]

    Sec. 303. No funds <<NOTE: School prayer.>>  appropriated under this 
Act may be used to prevent the implementation of programs of voluntary 
prayer and meditation in the public schools.

                           (transfer of funds)

    Sec. 304. Not to exceed 1 percent of any discretionary funds 
(pursuant to the Balanced Budget and Emergency Deficit Control Act, as 
amended) which are appropriated for the Department of Education in this 
Act may be transferred between appropriations, but no such appropriation 
shall be increased by more than 3 percent by any such transfer: 
Provided, <<NOTE: Notification.>> That the Appropriations Committees of 
both Houses of Congress are notified at least fifteen days in advance of 
any transfer.

    Sec. 305. (a) Notwithstanding any other provision of Federal law, no 
funds provided to the Department of Education or to an applicable 
program (as defined in section 400(c)(1) of the General Education 
Provisions Act (20 U.S.C. 1221(c)(1))), in this Act or in any other Act 
in fiscal year 1998, may be used to field test, pilot test, implement, 
administer or distribute in any way, any national tests.
    (b) Exception.--Subsection (a) shall not apply to the Third 
International Math and Science Study or the National Assessment of 
Educational Progress.
    Sec. 306. (a) Study.--The National Academy of Sciences, in 
consultation with the National Governors Association, the National 
Conference of State Legislatures, the White House, the National 
Assessment Governing Board, and the Congress, shall conduct a 
feasibility study to determine if an equivalency scale can be developed 
that would allow test scores from commercially available standardized 
tests and State assessments to be compared with each other and the 
National Assessment of Educational Progress.
    (b) Report of Findings to Congress.--(1) The National Academy of 
Sciences shall submit a written report to the White House, the Committee 
on Education and the Workforce of the House of Representatives, the 
Committee on Labor and Human Resources of the Senate, and the Committees 
on Appropriations of the House of Representatives and the Senate not 
later than September 1, 1998.
    (2) The National Academy of Sciences shall submit an interim report 
no later than June 15, 1998.

                   National Assessment Governing Board

    Sec. 307 (a). Notwithstanding any other provision of law, the 
exclusive authority over all policies, direction, and guidelines for 
developing voluntary national tests pursuant to contract RJ97153001 
previously entered into between the Department of Education and the 
American Institutes for Research and executed on August 15, 1997, shall 
be vested in the National Assessment Governing Board established under 
section 412 of the National Education Statistics Act of 1994 (20 U.S.C. 
9011); Provided, That within 90 days after the date of enactment of this 
Act, the Board shall review the national test development contract in 
effect on the date of enactment of this Act, and modify the contract as 
the Board determines necessary and not inconsistent with this Act or 
applicable laws: Provided further, That if the contract cannot be 
modified to the extent determined necessary by the Board, the

[[Page 111 STAT. 1506]]

contract shall be terminated and the Board shall negotiate a new 
contract, under the Board's exclusive control, for the tests, not 
inconsistent with this Act or applicable laws.
    (b) In carrying out its exclusive authority for developing voluntary 
national tests pursuant to contract RJ97153001, any subsequent contract 
related thereto, or any contract modification pursuant to subsection 
(a), the National Assessment Governing Board shall determine--
            (1) the extent to which test items selected for use on the 
        tests are free from racial, cultural or gender bias;
            (2) whether the test development process and test items 
        adequately assess student reading and mathematics comprehension 
        in the form most likely to yield accurate information regarding 
        student achievement in reading and mathematics;
            (3) whether the test development process and test items take 
        into account the needs of disadvantaged, limited English 
        proficient and disabled students; and
            (4) whether the test development process takes into account 
        how parents, guardians, and students will appropriately be 
        informed about testing content, purpose and uses.

    Sec. 308. <<NOTE: Reports.>>  Study.--The National Academy of 
Sciences shall, not later than September 1, 1998, submit a written 
report to the Committee on Education and the Workforce of the House of 
Representatives, the Committee on Labor and Human Resources of the 
Senate, and the Committees on Appropriations of the House and Senate 
that evaluates all test items developed or funded by the Department of 
Education or any other agency of the Federal Government pursuant to 
contract RJ97153001, any subsequent contract related thereto, or any 
contract modification by the National Assessment Governing Board 
pursuant to section 307 of this Act, for--
            (1) the technical quality of any test items for 4th grade 
        reading and 8th grade mathematics;
            (2) the validity, reliability, and adequacy of developed 
        test items;
            (3) the validity of any developed design which links test 
        results to student performance;
            (4) the degree to which any developed test items provide 
        valid and useful information to the public;
            (5) whether the test items are free from racial, cultural, 
        or gender bias;
            (6) whether the test items address the needs of 
        disadvantaged, limited English proficient and disabled students; 
        and
            (7) whether the test items can be used for tracking, 
        graduation or promotion of students.

    Sec. 309. (a) Study.--The National Academy of Sciences shall conduct 
a study and make written recommendations on appropriate methods, 
practices, and safeguards to ensure that--
            (1) existing and new tests that are used to assess student 
        performance are not used in a discriminatory manner or 
        inappropriately for student promotion, tracking or graduation; 
        and
            (2) existing and new tests adequately assess student reading 
        and mathematics comprehension in the form most likely to yield 
        accurate information regarding student achievement of reading 
        and mathematics skills.

[[Page 111 STAT. 1507]]

    (b) Report to Congress.--The National Academy of Sciences shall 
submit a written report to the White House, the National Assessment 
Governing Board, the Committee on Education and the Workforce of the 
House of Representatives, the Committee on Labor and Human Resources of 
the Senate, and the Committees on Appropriations of the House and Senate 
not later than September 1, 1998.
    Sec. 310. (a) The Federal Government shall not require any State or 
local educational agency or school to administer or implement any pilot 
or field test in any subject or grade, nor shall the Federal Government 
require any student to take any national test in any subject or grade.
    (b) Nothing in section 309(a) shall be construed as affecting the 
National Assessment of Educational Progress or the Third International 
Math and Science Study.
    Sec. 311. No Federal, State or local educational agency may require 
any private or parochial school student, or home-schooled individual, to 
take any pilot or field test developed under this Act, contract 
RJ97153001, or any contract related thereto, without the written consent 
of the parents or legal guardians of the student or individual.
    Sec. 312. Notwithstanding any other provision of law, any 
institution of higher education which receives funds under title III of 
the Higher Education Act, except for grants made under section 326, may 
use up to 20 percent of its award under part A or part B of the Act for 
endowment building purposes authorized under section 331. Any 
institution seeking to use part A or part B funds for endowment building 
purposes shall indicate such intention in its application to the 
Secretary and shall abide by departmental regulations governing the 
endowment challenge grant program.

                           (transfer of funds)

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

                               impact aid

    Sec. 314. (a) In General.--From funds made available to carry out 
section 3(d)(2)(B) of the Act of September 30, 1950 (Public Law 874, 
81st Congress) for fiscal year 1994 that remain after making 100 percent 
of the payments local educational agencies are eligible to receive under 
such section for such fiscal year, the Secretary of Education shall make 
payments to applicants for fiscal year 1996 pursuant to subsection (b).
    (b) Award Basis.--
            (1) In general.--Except as provided in paragraph (2), the 
        Secretary of Education shall make a payment to each applicant in 
        an amount that bears the same relation to the total amount of 
        remaining funds described in subsection (a) as the number of 
        children who were in average daily attendance in the schools 
        served by the applicant for fiscal year 1996 bears to the total

[[Page 111 STAT. 1508]]

        number of all such children in the schools served by all 
        applicants for such year.
            (2) Special rule.--Any applicant that had less than 200 
        children in average daily attendance in the schools served by 
        the applicant for fiscal year 1996 shall receive a payment under 
        this section for fiscal year 1996 in an amount equal to not less 
        than $175,000.
            (3) Data.--For purposes of computing payments under this 
        section, the Secretary of Education shall use data that--
                    (A) was included in each applicant's application for 
                assistance under section 8003 of the Elementary and 
                Secondary Education Act of 1965 (20 U.S.C. 7703) for 
                fiscal year 1996; and
                    (B) is verified by the Secretary.

    (c) Definition of Applicant.--For purposes of this section, the term 
``applicant'' means an applicant for assistance under section 8003 of 
the Elementary and Secondary Education Act of 1965 for fiscal year 1996 
having 1 of the following applicant numbers for such year:
            (1) 51-0904.
            (2) 51-4203.
            (3) 51-1903.
            (4) 51-0010.
            (5) 51-0811.
            (6) 51-2101.

    Sec. 315. Section 10304 of the Elementary and Secondary Education 
Act of 1965 is amended <<NOTE: 20 USC 8064.>>  by adding at the end the 
following:

    ``(g) Tribally Controlled Schools.--Each State that receives a grant 
under this part and designates a tribally controlled school as a charter 
school shall not consider payments to a school under the Tribally 
Controlled Schools Act of 1988 (25 U.S.C. 2507) in determining--
            ``(1) the eligibility of the school to receive any other 
        Federal, State, or local aid; or
            ``(2) the amount of such aid.''.

    This title may be cited as the ``Department of Education 
Appropriations Act, 1998''.

                       TITLE IV--RELATED AGENCIES

                      Armed Forces Retirement Home

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

[[Page 111 STAT. 1509]]

             Corporation for National and Community Service

         domestic volunteer service programs, operating expenses

    For expenses necessary for the Corporation for National and 
Community Service to carry out the provisions of the Domestic Volunteer 
Service Act of 1973, as amended, $256,604,000.

                   Corporation for Public Broadcasting

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

               Federal Mediation and Conciliation Service

                          salaries and expenses

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

            Federal Mine Safety and Health Review Commission

                          salaries and expenses

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

[[Page 111 STAT. 1510]]

        National Commission on Libraries and Information Science

                          salaries and expenses

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

                     National Council on Disability

                          salaries and expenses

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

                     National Education Goals Panel

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

                     National Labor Relations Board

                          salaries and expenses

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

                        National Mediation Board

                          salaries and expenses

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

[[Page 111 STAT. 1511]]

            Occupational Safety and Health Review Commission

                          salaries and expenses

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

                  Medicare Payment Advisory Commission

                          salaries and expenses

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

                        Railroad Retirement Board

                     dual benefits payments account

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

          federal payments to the railroad retirement accounts

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

                      limitation on administration

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

              limitation on the office of inspector general

    For expenses necessary for the Office of Inspector General for 
audit, investigatory and review activities, as authorized by the 
Inspector General Act of 1978, as amended, not more than $5,794,000, to 
be derived from the railroad retirement accounts and railroad 
unemployment insurance account: Provided, That none of the funds made 
available in any other paragraph of this Act may be transferred to the 
Office; used to carry out any such transfer;

[[Page 111 STAT. 1512]]

used to provide any office space, equipment, office supplies, 
communications facilities or services, maintenance services, or 
administrative services for the Office; used to pay any salary, benefit, 
or award for any personnel of the Office; used to pay any other 
operating expense of the Office; or used to reimburse the Office for any 
service provided, or expense incurred, by the Office: Provided further, 
That none of the funds made available in this paragraph may be used for 
any audit, investigation, or review of the Medicare Program.

                     Social Security Administration

                 payments to social security trust funds

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

                special benefits for disabled coal miners

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

                  supplemental security income program

    For carrying out titles XI and XVI of the Social Security Act, 
section 401 of Public Law 92-603, section 212 of Public Law 93-66, as 
amended, and section 405 of Public Law 95-216, including payment to the 
Social Security trust funds for administrative expenses incurred 
pursuant to section 201(g)(1) of the Social Security Act, 
$16,160,000,000, to remain available until expended: Provided, That any 
portion of the funds provided to a State in the current fiscal year and 
not obligated by the State during that year shall be returned to the 
Treasury.
    From funds provided under the previous paragraph, not less than 
$100,000,000 shall be available for payment to the Social Security trust 
funds for administrative expenses for conducting continuing disability 
reviews.
    In addition, $175,000,000, to remain available until September 30, 
1999, for payment to the Social Security trust funds for administrative 
expenses for continuing disability reviews as authorized by section 103 
of Public Law 104-121 and Supplemental Security Income administrative 
work as authorized by Public Law 104-193. The term ``continuing 
disability reviews'' means reviews and redeterminations as defined under 
section 201(g)(1)(A) of the Social Security Act, as amended, and reviews 
and redeterminations authorized under section 211 of Public Law 104-193.
    For making, after June 15 of the current fiscal year, benefit 
payments to individuals under title XVI of the Social Security

[[Page 111 STAT. 1513]]

Act, for unanticipated costs incurred for the current fiscal year, such 
sums as may be necessary.
    For making benefit payments under title XVI of the Social Security 
Act for the first quarter of fiscal year 1999, $8,680,000,000, to remain 
available until expended.

                  limitation on administrative expenses

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

[[Page 111 STAT. 1514]]

    In addition, $35,000,000 to be derived from administration fees in 
excess of $5.00 per supplementary payment collected pursuant to section 
1616(d) of the Social Security Act or section 212(b)(3) of Public Law 
93-66, which shall remain available until expended. To the extent that 
the amounts collected pursuant to such section 1616(d) or 212(b)(3) in 
fiscal year 1998 exceed $35,000,000, the amounts shall be available in 
fiscal year 1999 only to the extent provided in advance in 
appropriations Acts.

                       office of inspector general

                      (including transfer of funds)

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

                    United States Institute of Peace

                           operating expenses

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

                       TITLE V--GENERAL PROVISIONS

    Sec. 501. The Secretaries of Labor, Health and Human Services, and 
Education are authorized to transfer unexpended balances of prior 
appropriations to accounts corresponding to current appropriations 
provided in this Act: Provided, That such transferred balances are used 
for the same purpose, and for the same periods of time, for which they 
were originally appropriated.
    Sec. 502. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 503. (a) No part of any appropriation contained in this Act 
shall be used, other than for normal and recognized executive-
legislative relationships, for publicity or propaganda purposes, for the 
preparation, distribution, or use of any kit, pamphlet, booklet, 
publication, radio, television, or video presentation designed to 
support or defeat legislation pending before the Congress or any State 
legislature, except in presentation to the Congress or any State 
legislature itself.
    (b) No part of any appropriation contained in this Act shall be used 
to pay the salary or expenses of any grant or contract recipient, or 
agent acting for such recipient, related to any activity

[[Page 111 STAT. 1515]]

designed to influence legislation or appropriations pending before the 
Congress or any State legislature.
    Sec. 504. The Secretaries of Labor and Education are each authorized 
to make available not to exceed $15,000 from funds available for 
salaries and expenses under titles I and III, respectively, for official 
reception and representation expenses; the Director of the Federal 
Mediation and Conciliation Service is authorized to make available for 
official reception and representation expenses not to exceed $2,500 from 
the funds available for ``Salaries and expenses, Federal Mediation and 
Conciliation Service''; and the Chairman of the National Mediation Board 
is authorized to make available for official reception and 
representation expenses not to exceed $2,500 from funds available for 
``Salaries and expenses, National Mediation Board''.
    Sec. 505. Notwithstanding any other provision of this Act, no funds 
appropriated under this Act shall be used to carry out any program of 
distributing sterile needles or syringes for the hypodermic injection of 
any illegal drug.
    Sec. 506. Section <<NOTE: HIV.>>  505 is subject to the condition 
that after March 31, 1998, a program for exchanging such needles and 
syringes for used hypodermic needles and syringes (referred to in this 
section as an ``exchange project'') may be carried out in a community 
if--
            (1) the Secretary of Health and Human Services determines 
        that exchange projects are effective in preventing the spread of 
        HIV and do not encourage the use of illegal drugs; and
            (2) the project is operated in accordance with criteria 
        established by such Secretary for preventing the spread of HIV 
        and for ensuring that the project does not encourage the use of 
        illegal drugs.

    Sec. 507. (a) Purchase of American-Made Equipment and Products.--It 
is the sense of the Congress that, to the greatest extent practicable, 
all equipment and products purchased with funds made available in this 
Act should be American-made.
    (b) Notice Requirement.--In providing financial assistance to, or 
entering into any contract with, any entity using funds made available 
in this Act, the head of each Federal agency, to the greatest extent 
practicable, shall provide to such entity a notice describing the 
statement made in subsection (a) by the Congress.
    (c) Prohibition of Contracts With Persons Falsely Labeling Products 
as Made in America.--If it has been finally determined by a court or 
Federal agency that any person intentionally affixed a label bearing a 
``Made in America'' inscription, or any inscription with the same 
meaning, to any product sold in or shipped to the United States that is 
not made in the United States, the person shall be ineligible to receive 
any contract or subcontract made with funds made available in this Act, 
pursuant to the debarment, suspension, and ineligibility procedures 
described in sections 9.400 through 9.409 of title 48, Code of Federal 
Regulations.
    Sec. 508. When issuing statements, press releases, requests for 
proposals, bid solicitations and other documents describing projects or 
programs funded in whole or in part with Federal money, all grantees 
receiving Federal funds included in this Act, including but not limited 
to State and local governments and recipients of Federal research 
grants, shall clearly state: (1) the percentage of the total costs of 
the program or project which will be financed with Federal money; (2) 
the dollar amount of Federal

[[Page 111 STAT. 1516]]

funds for the project or program; and (3) percentage and dollar amount 
of the total costs of the project or program that will be financed by 
nongovernmental sources.
    Sec. 509. (a) None <<NOTE: Abortion.>>  of the funds appropriated 
under this Act shall be expended for any abortion.

    (b) None of the funds appropriated under this Act shall be expended 
for health benefits coverage that includes coverage of abortion.
    (c) The term ``health benefits coverage'' means the package of 
services covered by a managed care provider or organization pursuant to 
a contract or other arrangement.
    Sec. 510. (a) The <<NOTE: Abortion.>>  limitations established in 
the preceding section shall not apply to an abortion--
            (1) if the pregnancy is the result of an act of rape or 
        incest; or
            (2) in the case where a woman suffers from a physical 
        disorder, physical injury, or physical illness, including a 
        life-endangering physical condition caused by or arising from 
        the pregnancy itself, that would, as certified by a physician, 
        place the woman in danger of death unless an abortion is 
        performed.

    (b) Nothing in the preceding section shall be construed as 
prohibiting the expenditure by a State, locality, entity, or private 
person of State, local, or private funds (other than a State's or 
locality's contribution of Medicaid matching funds).
    (c) Nothing in the preceding section shall be construed as 
restricting the ability of any managed care provider from offering 
abortion coverage or the ability of a State or locality to contract 
separately with such a provider for such coverage with State funds 
(other than a State's or locality's contribution of Medicaid matching 
funds).
    Sec. 511. Notwithstanding <<NOTE: 31 USC 1301 note.>>  any other 
provision of law--
            (1) no amount may be transferred from an appropriation 
        account for the Departments of Labor, Health and Human Services, 
        and Education except as authorized in this or any subsequent 
        appropriation Act, or in the Act establishing the program or 
        activity for which funds are contained in this Act;
            (2) no department, agency, or other entity, other than the 
        one responsible for administering the program or activity for 
        which an appropriation is made in this Act, may exercise 
        authority for the timing of the obligation and expenditure of 
        such appropriation, or for the purpose for which it is obligated 
        and expended, except to the extent and in the manner otherwise 
        provided in sections 1512 and 1513 of title 31, United States 
        Code; and
            (3) no funds provided under this Act shall be available for 
        the salary (or any part thereof) of an employee who is 
        reassigned on a temporary detail basis to another position in 
        the employing agency or department or in any other agency or 
        department, unless the detail is independently approved by the 
        head of the employing department or agency.

    Sec. 512. None of the funds made available in this Act may be used 
to enforce the requirements of section 428(b)(1)(U)(iii) of the Higher 
Education Act of 1965 with respect to any lender when it is made known 
to the Federal official having authority to obligate or expend such 
funds that the lender has a loan portfolio under part B of title IV of 
such Act that is equal to or less than $5,000,000.

[[Page 111 STAT. 1517]]

    Sec. 513. (a) None <<NOTE: Embryos.>>  of the funds made available 
in this Act may be used for--
            (1) the creation of a human embryo or embryos for research 
        purposes; or
            (2) research in which a human embryo or embryos are 
        destroyed, discarded, or knowingly subjected to risk of injury 
        or death greater than that allowed for research on fetuses in 
        utero under 45 CFR 46.208(a)(2) and section 498(b) of the Public 
        Health Service Act (42 U.S.C. 289g(b)).

    (b) For purposes of this section, the term ``human embryo or 
embryos'' include any organism, not protected as a human subject under 
45 CFR 46 as of the date of the enactment of this Act, that is derived 
by fertilization, parthenogenesis, cloning, or any other means from one 
or more human gametes or human diploid cells.
    Sec. 514. (a) Limitation on Use of Funds for Promotion of 
Legalization of Controlled Substances.--None of the funds made available 
in this Act may be used for any activity when it is made known to the 
Federal official having authority to obligate or expend such funds that 
the activity promotes the legalization of any drug or other substance 
included in schedule I of the schedules of controlled substances 
established by section 202 of the Controlled Substances Act (21 U.S.C. 
812).
    (b) Exceptions.--The limitation in subsection (a) shall not apply 
when it is made known to the Federal official having authority to 
obligate or expend such funds that there is significant medical evidence 
of a therapeutic advantage to the use of such drug or other substance or 
that federally sponsored clinical trials are being conducted to 
determine therapeutic advantage.
    Sec. 515. None of the funds made available in this Act may be 
obligated or expended to enter into or renew a contract with an entity 
when it is made known to the Federal official having authority to 
obligate or expend such funds that--
            (1) such entity is otherwise a contractor with the United 
        States and is subject to the requirement in section 4212(d) of 
        title 38, United States Code, regarding submission of an annual 
        report to the Secretary of Labor concerning employment of 
        certain veterans; and
            (2) such entity has not submitted a report as required by 
        that section for the most recent year for which such requirement 
        was applicable to such entity.

    Sec. 516. (a) Fees for Federal Administration of State Supplementary 
SSI Payments.--
            (1) Optional state supplementary payments.--
                    (A) In general.--Section 1616(d)(2)(B) of the Social 
                Security Act (42 U.S.C. 1382e(d)(2)(B)) is amended--
                          (i) by striking ``and'' at the end of clause 
                      (iii); and
                          (ii) by striking clause (iv) and inserting the 

                      following:
            ``(iv) for fiscal year 1997, $5.00;
            ``(v) for fiscal year 1998, $6.20;
            ``(vi) for fiscal year 1999, $7.60;
            ``(vii) for fiscal year 2000, $7.80;
            ``(viii) for fiscal year 2001, $8.10;
            ``(ix) for fiscal year 2002, $8.50; and
            ``(x) for fiscal year 2003 and each succeeding fiscal year--

[[Page 111 STAT. 1518]]

                    ``(I) the applicable rate in the preceding fiscal 
                year, increased by the percentage, if any, by which the 
                Consumer Price Index for the month of June of the 
                calendar year of the increase exceeds the Consumer Price 
                Index for the month of June of the calendar year 
                preceding the calendar year of the increase, and rounded 
                to the nearest whole cent; or
                    ``(II) such different rate as the Commissioner 
                determines is appropriate for the State.''.
                    (B) Conforming amendment.--Section 1616(d)(2)(C) of 
                such Act (42 U.S.C. 1382e(d)(2)(C)) is amended by 
                striking ``(B)(iv)'' and inserting ``(B)(x)(II)''.
            (2) Mandatory state supplementary payments.--
                    (A) In general.--Section 212(b)(3)(B)(ii) of Public 
                Law 93-66 (42 U.S.C. 1382 note) is amended--
                          (i) by striking ``and'' at the end of 
                      subclause (III); and
                          (ii) by striking subclause (IV) and inserting 
                      the following:
            ``(IV) for fiscal year 1997, $5.00;
            ``(V) for fiscal year 1998, $6.20;
            ``(VI) for fiscal year 1999, $7.60;
            ``(VII) for fiscal year 2000, $7.80;
            ``(VIII) for fiscal year 2001, $8.10;
            ``(IX) for fiscal year 2002, $8.50; and
            ``(X) for fiscal year 2003 and each succeeding fiscal year--
                    ``(aa) the applicable rate in the preceding fiscal 
                year, increased by the percentage, if any, by which the 
                Consumer Price Index for the month of June of the 
                calendar year of the increase exceeds the Consumer Price 
                Index for the month of June of the calendar year 
                preceding the calendar year of the increase, and rounded 
                to the nearest whole cent; or
                    ``(bb) such different rate as the Commissioner 
                determines is appropriate for the State.''.
                    (B) Conforming amendment.--Section 212(b)(3)(B)(iii) 
                of such Act (42 U.S.C. 1382 note) is amended by striking 
                ``(ii)(IV)'' and inserting ``(ii)(X)(bb)''.

    (b) Use of New Fees To Defray the Social Security Administration's 
Administrative Expenses.--
            (1) Credit to special fund for fiscal year 1998 and 
        subsequent years.--
                    (A) Optional state supplementary payment fees.--
                Section 1616(d)(4) of the Social Security Act (42 U.S.C. 
                1382e(d)(4)) is amended to read as follows:

    ``(4)(A) The first $5 of each administration fee assessed pursuant 
to paragraph (2), upon collection, shall be deposited in the general 
fund of the Treasury of the United States as miscellaneous receipts.
    ``(B) That portion of each administration fee in excess of $5, and 
100 percent of each additional services fee charged pursuant to 
paragraph (3), upon collection for fiscal year 1998 and each subsequent 
fiscal year, shall be credited to a special fund established in the 
Treasury of the United States for State supplementary payment fees. The 
amounts so credited, to the extent and in the amounts provided in 
advance in appropriations Acts, shall be available to defray expenses 
incurred in carrying out this title and related laws.''.

[[Page 111 STAT. 1519]]

                    (B) Mandatory state supplementary payment fees.--
                Section 212(b)(3)(D) of Public Law 93-66 (42 U.S.C. 1382 
                note) is amended to read as follows:

    ``(D)(i) The first $5 of each administration fee assessed pursuant 
to subparagraph (B), upon collection, shall be deposited in the general 
fund of the Treasury of the United States as miscellaneous receipts.
    ``(ii) The portion of each administration fee in excess of $5, and 
100 percent of each additional services fee charged pursuant to 
subparagraph (C), upon collection for fiscal year 1998 and each 
subsequent fiscal year, shall be credited to a special fund established 
in the Treasury of the United States for State supplementary payment 
fees. The amounts so credited, to the extent and in the amounts provided 
in advance in appropriations Acts, shall be available to defray expenses 
incurred in carrying out this section and title XVI of the Social 
Security Act and related laws.''.
            (2) Limitations <<NOTE: 42 USC 1382e note.>>  on 
        authorization of appropriations.--From amounts credited pursuant 
        to section 1616(d)(4)(B) of the Social Security Act and section 
        212(b)(3)(D)(ii) of Public Law 93-66 to the special fund 
        established in the Treasury of the United States for State 
        supplementary payment fees, there is authorized to be 
        appropriated an amount not to exceed $35,000,000 for fiscal year 
        1998, and such sums as may be necessary for each fiscal year 
        thereafter, for administrative expenses in carrying out the 
        supplemental security income program under title XVI of the 
        Social Security Act and related laws.

    Sec. 517. Section 520(c)(2)(D) of the Departments of Labor, Health 
and Human Services, and Education, and Related Agencies Appropriations 
Act, 1997, is <<NOTE: 5 USC 5597 note.>>  amended by striking 
``September 30, 1997'' and inserting in lieu thereof ``December 31, 
1997''.

    Sec. 518. None of the funds made available in this Act may be used 
to pay the expenses of an election officer appointed by a court to 
oversee an election of any officer or trustee for the International 
Brotherhood of Teamsters.
    Sec. 519. Subsection (k) of section 9302 of the Balanced Budget Act 
of 1997, as added by section 1604(f)(3) of the Taxpayer Relief of Act of 
1997, <<NOTE: 26 USC 5701 note.>>  is repealed.

                       TITLE VI--OTHER PROVISIONS

    Sec. 601. The <<NOTE: 42 USC 1396r-4 note.>>  amount of the DSH 
allotment for the State of Minnesota for fiscal year 1998, specified in 
the table under section 1923(f)(2) of the Social Security Act (as 
amended by section 4721(a)(1) of Public Law 105-33) is deemed to be 
$33,000,000.

    Sec. 602. Notwithstanding <<NOTE: 42 USC 1396r-4 note.>>  section 
1923(f)(2) of the Social Security Act (42 U.S.C. 1396r-4(f)(2)) (as 
amended by section 4721(a)(1) of the Balanced Budget Act of 1997 (Public 
Law 105-33; 111 Stat. 511)), the amount of the DSH allotment for Wyoming 
for fiscal year 1998 is deemed to be $67,000.

                      parkinson's disease research

    Sec. 603. <<NOTE: Morris K. Udall Parkinson's Disease Research Act 
of 1997. 42 USC 201 note.>>  (a) Short Title.--This section may be cited 
as the ``Morris K. Udall Parkinson's Disease Research Act of 1997''.

    (b) Finding <<NOTE: 42 USC 284f note.>>  and Purpose.--
            (1) Finding.--Congress finds that to take full advantage of 
        the tremendous potential for finding a cure or effective

[[Page 111 STAT. 1520]]

        treatment, the Federal investment in Parkinson's disease must be 
        expanded, as well as the coordination strengthened among the 
        National Institutes of Health research institutes.
            (2) Purpose.--It is the purpose of this section to provide 
        for the expansion and coordination of research regarding 
        Parkinson's disease, and to improve care and assistance for 
        afflicted individuals and their family caregivers.

    (c) Parkinson's Disease Research.--Part B of title IV of the Public 
Health Service Act (42 U.S.C. 284 et seq.) is amended by adding at the 
end the following:

                          ``parkinson's disease

    ``Sec. 409B. (a) In <<NOTE: 42 USC 284f.>>  General.--The Director 
of NIH shall establish a program for the conduct and support of research 
and training with respect to Parkinson's disease (subject to the extent 
of amounts appropriated under subsection (e)).

    ``(b) Inter-Institute Coordination.--
            ``(1) In general.--The Director of NIH shall provide for the 
        coordination of the program established under subsection (a) 
        among all of the national research institutes conducting 
        Parkinson's disease research.
            ``(2) Conference.--Coordination under paragraph (1) shall 
        include the convening of a research planning conference not less 
        frequently than once every 2 years. <<NOTE: Reports.>>  Each 
        such conference shall prepare and submit to the Committee on 
        Appropriations and the Committee on Labor and Human Resources of 
        the Senate and the Committee on Appropriations and the Committee 
        on Commerce of the House of Representatives a report concerning 
        the conference.

    ``(c) Morris K. Udall Research Centers.--
            ``(1) In general.--The Director of NIH is authorized to 
        award Core Center Grants to encourage the development of 
        innovative multidisciplinary research and provide training 
        concerning Parkinson's disease. The Director is authorized to 
        award not more than 10 Core Center Grants and designate each 
        center funded under such grants as a Morris K. Udall Center for 
        Research on Parkinson's Disease.
            ``(2) Requirements.--
                    ``(A) In general.--With respect to Parkinson's 
                disease, each center assisted under this subsection 
                shall--
                          ``(i) use the facilities of a single 
                      institution or a consortium of cooperating 
                      institutions, and meet such qualifications as may 
                      be prescribed by the Director of the NIH; and
                          ``(ii) conduct basic and clinical research.
                    ``(B) Discretionary requirements.--With respect to 
                Parkinson's disease, each center assisted under this 
                subsection may--
                          ``(i) conduct training programs for scientists 
                      and health professionals;
                          ``(ii) conduct programs to provide information 
                      and continuing education to health professionals;
                          ``(iii) conduct programs for the dissemination 
                      of information to the public;
                          ``(iv) separately or in collaboration with 
                      other centers, establish a nationwide data system 
                      derived from patient populations with Parkinson's 
                      disease, and

[[Page 111 STAT. 1521]]

                       where possible, comparing relevant data involving 
                      general populations;
                          ``(v) separately or in collaboration with 
                      other centers, establish a Parkinson's Disease 
                      Information Clearinghouse to facilitate and 
                      enhance knowledge and understanding of Parkinson's 
                      disease; and
                          ``(vi) separately or in collaboration with 
                      other centers, establish a national education 
                      program that fosters a national focus on 
                      Parkinson's disease and the care of those with 
                      Parkinson's disease.
            ``(3) Stipends regarding training programs.--A center may 
        use funds provided under paragraph (1) to provide stipends for 
        scientists and health professionals enrolled in training 
        programs under paragraph (2)(B).
            ``(4) Duration of support.--Support of a center under this 
        subsection may be for a period not exceeding five years. Such 
        period may be extended by the Director of NIH for one or more 
        additional periods of not more than five years if the operations 
        of such center have been reviewed by an appropriate technical 
        and scientific peer review group established by the Director and 
        if such group has recommended to the Director that such period 
        should be extended.

    ``(d) Morris K. Udall Awards for Excellence in Parkinson's Disease 
Research.--The Director of NIH is authorized to establish a grant 
program to support investigators with a proven record of excellence and 
innovation in Parkinson's disease research and who demonstrate potential 
for significant future breakthroughs in the understanding of the 
pathogensis, diagnosis, and treatment of Parkinson's disease. Grants 
under this subsection shall be available for a period of not to exceed 5 
years.
    ``(e) Authorization of Appropriations.--For the purpose of carrying 
out this section and section 301 and title IV of the Public Health 
Service Act with respect to research focused on Parkinson's disease, 
there are authorized to be appropriated up to $100,000,000 for fiscal 
year 1998, and such sums as may be necessary for each of the fiscal 
years 1999 and 2000.''.
    Sec. 604. (a) Section 414(a) of the Immigration and Nationality Act 
(8 U.S.C. 1524(a)) is amended by striking ``fiscal year 1995, fiscal 
year 1996, and fiscal year 1997'' and inserting ``each of fiscal years 
1998 and 1999''.
    (b) The amendment <<NOTE: Effective date. 8 USC 1524 note.>>  made 
by subsection (a) shall take effect October 1, 1997.

    Sec. 605. Subparagraphs (B) and (C) of section 1143(a)(2) of the 
Social Security Act (42 U.S.C. 1320b-13(a)(2)(B), (C)) are each amended 
by striking ``employee'' and inserting ``employer, employee,''.
    Sec. 606. (a) Notwithstanding any other provision of law, the 
payments described in subsection (b) shall not be considered income or 
resources in determining eligibility for, or the amount of benefits 
under, a program or State plan under title XVI or XIX of the Social 
Security Act.
    (b) The payments described in this subsection are payments made by 
the Secretary of Defense pursuant to section 657 of the National Defense 
Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 
2584).
    Sec. 607. In addition to amounts otherwise made available for 
payment of obligations in carrying out 49 U.S.C. 5338(a),

[[Page 111 STAT. 1522]]

$50,000,000 shall remain available until expended and to be derived from 
the Highway Trust Fund: Provided, That $50,000,000 shall be paid from 
the Mass Transit Account of the Highway Trust Fund to the Federal 
Transit Administration's formula grants account: Provided further, That 
subsection (c) of section 337 of the Department of Transportation and 
Related Agencies Appropriations Act, 1998 is amended by inserting after 
``House and Senate Committees on Appropriations'', the following: ``and 
the Senate Committee on Commerce, Science, and Transportation''.
    Sec. 608. Clauses (i)(I) and (ii)(II) of section 403(a)(5)(A) of the 
Social <<NOTE: 42 USC 603.>>  Security Act are amended by striking 
``during the fiscal year'' in each place it appears and inserting 
``during the period permitted under subparagraph (C)(vii) of this 
paragraph for the expenditure of funds under the grant''.

                  Emergency Student Loan Consolidation

    Sec. 609. (a) Short <<NOTE: Emergency Student Loan Consolidation Act 
of 1997. 20 USC 1001 note.>>  Title; References.--This section may be 
cited as the ``Emergency Student Loan Consolidation Act of 1997''. 
Except as otherwise expressly provided, whenever in this section an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be considered to 
be made to a section or other provision of the Higher Education Act of 
1965 (20 U.S.C. 1001 et seq.).

    (b) Definition of Loans Eligible for Consolidation.--Section 
428C(a)(4) (20 U.S.C. 1078-3(a)(4)) is amended--
            (1) by redesignating subparagraphs (C) and (D) as 
        subparagraphs (D) and (E), respectively; and
            (2) by inserting after subparagraph (B) the following new 
        subparagraph:
                    ``(C) made under part D of this title, except that 
                loans made under such part shall be eligible student 
                loans only for consolidation loans for which the 
                application is received by an eligible lender during the 
                period beginning on the date of enactment of the 
                Emergency Student Loan Consolidation Act of 1997 and 
                ending on October 1, 1998;''.

    (c) Terms of Consolidation Loans.--Section 428C(b)(4)(C)(ii) is 
amended--
            (1) in subclause (I), by inserting after ``consolidation 
        loan'' the following: ``for which the application is received by 
        an eligible lender before the date of enactment of the Emergency 
        Student Loan Consolidation Act of 1997, or on or after October 
        1, 1998,'';
            (2) by striking ``or'' at the end of subclause (I);
            (3) by inserting ``or (II)'' before the semicolon at the end 
        of subclause (II);
            (4) by redesignating subclause (II) as subclause (III); and
            (5) by inserting after subclause (I) the following new 
        subclause:
                          ``(II) by the Secretary, in the case of a 
                      consolidation loan for which the application is 
                      received by an eligible lender on or after the 
                      date of enactment of the Emergency Student Loan 
                      Consolidation Act of 1997 and before October 1, 
                      1998, except that the Secretary shall pay such 
                      interest only on that portion of the loan

[[Page 111 STAT. 1523]]

                      that repays Federal Stafford Loans for which the 
                      student borrower received an interest subsidy 
                      under section 428 or Federal Direct Stafford Loans 
                      for which the borrower received an interest 
                      subsidy under section 455; or''.

    (d) Nondiscrimination in Loan Consolidation.--Section 428C(b) is 
amended by adding at the end the following new paragraph:
            ``(6) Nondiscrimination in Loan Consolidation.--An eligible 
        lender that makes consolidation loans under this section shall 
        not discriminate against any borrower seeking such a loan--
                    ``(A) based on the number or type of eligible 
                student loans the borrower seeks to consolidate;
                    ``(B) based on the type or category of institution 
                of higher education that the borrower attended;
                    ``(C) based on the interest rate to be charged to 
                the borrower with respect to the consolidation loan; or
                    ``(D) with respect to the types of repayment 
                schedules offered to such borrower.''.

    (e) Interest Rate.--Section 428C(c)(1) is amended--
            (1) in the first sentence of subparagraph (A), by striking 
        ``(B) or (C)'' and inserting ``(B), (C), or (D)''; and
            (2) by adding at the end the following new subparagraph:
            ``(D) A consolidation loan for which the application is 
        received by an eligible lender on or after the date of enactment 
        of the Emergency Student Loan Consolidation Act of 1997 and 
        before October 1, 1998, shall bear interest at an annual rate on 
        the unpaid principal balance of the loan that is equal to the 
        rate specified in section 427A(f), except that the eligible 
        lender may continue to calculate interest on such a loan at the 
        rate previously in effect and defer, until not later than April 
        1, 1998, the recalculation of the interest on such a loan at the 
        rate required by this subparagraph if the recalculation is 
        applied retroactively to the date on which the loan is made.''.

    (f) Amendments Effective <<NOTE: 20 USC 1078-3 note.>>  for Pending 
applicants.--The consolidation loans authorized by the amendments made 
by this section shall be available notwithstanding any pending 
application by a student for a consolidation loan under part D of title 
IV of the Higher Education Act of 1965 (20 U.S.C. 1087a et seq.), upon 
withdrawal of such application by the student at any time prior to 
receipt of such a consolidation loan.

    (g) Family Contribution for Dependent Students.--
            (1) Parents' available income.--Section 475(c)(1) (20 U.S.C. 
        1087oo(c)(1)) is amended--
                    (A) by striking ``and'' at the end of subparagraph 
                (D);
                    (B) by striking the period at the end of 
                subparagraph (E) and inserting ``; and''; and
                    (C) by adding at the end of the following new 
                subparagraph:
                    ``(F) the amount of any tax credit taken by the 
                parents under section 25A of the Internal Revenue Code 
                of 1986.''.
            (2) Student contribution from available income.--Section 
        475(g)(2) is amended--
                    (A) by striking ``and'' at the end of subparagraph 
                (C);
                    (B) by striking the period at the end of 
                subparagraph (D) and inserting ``; and''; and

[[Page 111 STAT. 1524]]

                    (C) by inserting after subparagraph (D) the 
                following new subparagraph:
                    ``(E) the amount of any tax credit taken by the 
                student under section 25A of the Internal Revenue Code 
                of 1986.''.

    (h) Family Contribution for Independent Students Without Dependents 
Other Than a Spouse.--Section 476(b)(1)(A) (20 U.S.C. 1087pp(b)(1)(A)) 
is amended--
            (1) by striking ``and'' at the end of clause (iv); and
            (2) by inserting after clause (v) the following new clause:
                          ``(vi) the amount of any tax credit taken 
                      under section 25A of the Internal Revenue Code of 
                      1986; and''.

    (i) Family Contribution for Independent Students With Dependents 
Other Than a Spouse.--Section 477(b)(1) (20 U.S.C. 1087qq(b)(1)) is 
amended--
            (1) by striking ``and'' at the end of subparagraph (D);
            (2) by striking the period at the end of subparagraph (E) 
        and inserting ``; and''; and
            (3) by adding at the end the following new subparagraph:
                    ``(F) the amount of any tax credit taken under 
                section 25A of the Internal Revenue Code of 1986.''.

    (j) Total Income.--Section 480(a)(2) (20 U.S.C. 1087vv(a)(2)) is 
amended--
            (1) by striking ``individual, and'' and inserting 
        ``individual,''; and
            (2) by inserting ``and no portion of any tax credit taken 
        under section 25A of the Internal Revenue Code of 1986,'' before 
        ``shall be included''.

    (k) Other Financial Assistance.--Section 480(j) is amended by adding 
at the end the following new paragraph:
    ``(4) Notwithstanding paragraph (1), a tax credit taken under 
section 25A of the Internal Revenue Code of 1986 shall not be treated as 
estimated financial assistance for purposes of section 471(3).''.
    (l) In General.--Section 458(a)(1) <<NOTE: 20 USC 1087h.>>  (20 
U.S.C. 1087(a)(1)) is amended by striking ``$532,000,000'' and inserting 
``$507,000,000''.

    (m) Construction.--Nothing <<NOTE: 20 USC 1087h note.>>  in this Act 
or an amendment made by this Act shall be construed to prohibit the 
Secretary of Education from using funds that are returned or otherwise 
recovered by the Secretary under section 422(g) of the Higher Education 
Act of 1965 (20 U.S.C. 1072(g)) including the balances of returned 
reserve funds, formerly held by the Higher Education Assistance 
Foundation, that are currently held in Higher Education Assistance 
Foundation Claims Reserves, Treasury account number 91X6192, for 
expenditure for expenses pursuant to section 458 of such Act (20 U.S.C. 
1087h).

 TITLE VII--NATIONAL HEALTH <<NOTE: National Health Museum Development 
Act.>>  MUSEUM

SEC. 701. <<NOTE: 20 USC 50 note.>>  SHORT TITLE.

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

SEC. 702. AMENDMENTS <<NOTE: 20 USC 50 note.>>  TO THE NATIONAL DEFENSE 
            AUTHORIZATION ACT FOR FISCAL YEAR 1995.

    Section 1067 of the National Defense Authorization Act for Fiscal 
Year 1995 (10 U.S.C. 176 note) is amended--

[[Page 111 STAT. 1525]]

            (1) in subsection (a)--
                    (A) in paragraph (1), by adding ``and'' at the end;
                    (B) in paragraph (2), by striking ``; and'' and 
                inserting a period; and
                    (C) by striking paragraph (3);
            (2) in subsection (b)--
                    (A) in the subsection heading, by striking ``and 
                Site of Facility'';
                    (B) in paragraph (1), by striking ``; and'' and 
                inserting a period;
                    (C) by striking paragraph (2); and
                    (D) by striking ``Pathology--'' and all that follows 
                through ``shall'' in paragraph (1) and inserting 
                ``Pathology shall''; and
            (3) by striking subsections (c) through (e).

SEC <<NOTE: District of Columbia. 20 USC 50 note.>> . 703. NATIONAL 
            HEALTH MUSEUM SITE.

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

SEC. 704. NATIONAL <<NOTE: 20 USC 50 note.>>  HEALTH MUSEUM COMMISSION.

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

SEC. 705. DUTIES OF <<NOTE: 20 USC 50 note.>>  THE COMMISSION.

    (a) Study.--It shall be the duty of the Commission to conduct a 
comprehensive study of the appropriate Federal role in the planning and 
operation of the National Health Museum, as well as

[[Page 111 STAT. 1526]]

any other issues deemed appropriate to the development of the National 
Health Museum.
    (b) Report.--Not later than 1 year after the date on which the 
Commission first meets, the Commission shall submit to the President and 
Congress a comprehensive report of the Commission's findings and 
conclusions, together with any recommendations of the Commission.

SEC. 706. COMMISSION <<NOTE: 20 USC 50 note.>>  ADMINISTRATION MATTERS.

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

SEC. 707. AUTHORIZATION <<NOTE: 20 USC 50 note.>>  OF APPROPRIATIONS.

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

SEC. 708. TERMINATION <<NOTE: 20 USC 50 note.>>  OF THE COMMISSION.

    The Commission shall terminate 60 days after the Commission submits 
the report required under section 705(b).
    This Act may be cited as the ``Departments of Labor, Health and 
Human Services, and Education, and Related Agencies Appropriations Act, 
1998''.

    Approved November 13, 1997.

LEGISLATIVE HISTORY--H.R. 2264 (S. 1061):
---------------------------------------------------------------------------

HOUSE REPORTS: Nos. 105-205 (Comm. on Appropriations) and 105-390 (Comm. 
of Conference).
SENATE REPORTS: No. 105-58 accompanying S. 1061 (Comm. on 
Appropriations).
CONGRESSIONAL RECORD, Vol. 143 (1997):
            Sept. 4, 5, 8-11, 16, 17, considered and passed House.
            Sept. 17, considered and passed Senate, amended, in lieu of 
                S. 1061
            Nov. 7, House agreed to conference report.
            Nov. 8, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 33 (1997):
            Nov. 13, Presidential statement.

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