Departments of Labor, Health and Human Services, and Education and Related Agencies Appropriations Act, 1988

(Measure passed Senate, amended, roll call #326 (80-15))

Departments of Labor, Health and Human Services, and Education and Related Agencies Appropriations Act, 1988 - Title I: Department of Labor - Department of Labor Appropriations Act, 1988 - Makes appropriations to the Department of Labor for FY 1988 for: (1) the Employment and Training Administration for program administration, training and employment services, community service employment for older Americans, Federal unemployment benefits and allowances, and State unemployment insurance and employment service operations; (2) the Labor-Management Services Administration for salaries and expenses; (3) the Pension Benefits Guaranty Corporation; (4) the Employment Standards Administration for special benefits, salaries and expenses, and the Black Lung Disability Trust Fund; (5) the Occupational Safety and Health Administration for salaries and expenses; (6) the Mine Safety and Health Administration for salaries and expenses; (7) the Bureau of Labor Statistics for salaries and expenses; and (8) departmental management for salaries and expenses, the Assistant Secretary for Veterans Employment and Training, and the Office of the Inspector General.

Makes such appropriations which are available for salaries and expenses available for supplies, services, and rental of conference space within the District of Columbia, as deemed necessary for the settlement of labor-management disputes.

Prohibits such funds from being used to grant variances, interim orders, or letters of clarification to employers which will allow exposure of workers to workplace hazards in excess of existing Occupational Safety and Health Administration standards for the purpose of conducting experiments on worker health or safety.

Prohibits the use of funds to close certain Job Corps Centers prior to January 1, 1989.

Prohibits the use of funds to execute any contracts with a non-governmental entity to administer or manage a Civilian Conservation Center of the Job Corps which was not under such contract as of September 1, 1984.

Prohibits the Job Corps program from using funds to pay the expenses of legal counsel or representation in any criminal case or proceeding for a Job Corps participant.

Directs the Secretary of Labor to report to the Congress on a study of older workers who have previously retired from or were pressured to leave a job and are reentering the workforce.

Directs the Secretary to report to the Congress on the status of, and timetable for, issuance of final regulations on certain safety matters relating to underground mines.

Title II: Department of Health and Human Services - Department of Health and Human Services Appropriations Act, 1988 - Makes appropriations for FY 1988 to the Department of Health and Human Services for the following agencies: (1) the Health Resources and Services Administration for health resources and services and the medical facilities guarantee and loan fund; (2) the Centers for Disease Control; (3) the National Institutes of Health for the National Cancer Institute, the National Heart, Lung, and Blood Institute, the National Institute of Dental Research, the National Institute of Diabetes, and Digestive and Kidney Diseases, the National Institute of Neurological and Communicative Disorders and Stroke, the National Institute of Allergy and Infectious Diseases, the National Institute of General Medical Sciences, the National Institute of Child Health and Human Development, the National Eye Institute, the National Institute of Environmental Health Sciences, the National Institute on Aging, the National Institute of Arthritis and Musculoskeletal and Skin Diseases, research resources, the National Center for Nursing Research, the John E. Fogarty International Center, the National Library of Medicine, the Office of the Director, and buildings and facilities; (4) the Alcohol, Drug Abuse, and Mental Health Administration for alcohol, drug abuse, and mental health programs and the Federal subsidy for Saint Elizabeths Hospital; (5) the Office of Assistant Secretary for Health for public health service management and retirement pay and medical benefits for commissioned officers of the Public Health Service; (6) the Health Care Financing Administration for grants to States for Medicaid, payments to health care trust funds, and program management; (7) the Social Security Administration for payments to Social Security trust funds, special benefits for disabled coal miners, the supplemental security income program, family support payments to States, low income home energy assistance, refugee and entrant assistance, work incentives, community services block grants, and program administration; (8) the Assistant Secretary for Human Development Services for the social services block grants, human development services, State long-term care ombudsman homecare demonstration projects, and family social services; and (9) departmental management for the Office of the Inspector General, the Office for Civil Rights, and policy research.

Prohibits any of the funds appropriated for grants-in-aid to State agencies from being withheld from the agencies of any State which have established a merit system and classification and compensation plan covering their employees because of any disapproval of the manner of their selection or the rates of pay.

Prohibits the use of funds for the National Institutes of Health for forward funding or multiyear funding of research project grants, except where the Director of the National Institutes of Health has determined that such funding is specifically required because of the scientific requirements of a particular research grant.

Makes specified funds available for expenses for active commissioned officers in the Public Health Service Reserve Corps and for a limited number of commissioned officers in the Regular Corps. Makes such funds also available for specified activities of the Corps.

Prohibits the use of funds to perform abortions except where the life of the mother would be endangered if the fetus were carried to term.

Makes funds advanced to the National Institutes of Health Management Fund available for the expenses of sharing medical care facilities and resources under the Public Health Service Act.

Makes funds appropriated for the Social Security Administration available for official reception and representation expenses.

Makes funds appropriated for the Health Care Financing Administration available for official reception and representation expenses.

Prohibits the use of any funds for basic pay, special pay, basic allowances for subsistence and basic allowances for quarters of the commissioned corps of the Public Health Services above a specified level.

Prohibits the use of any funds to transfer the general administration of programs authorized under the Native American Programs Act from the Department of Health and Human Services to the Department of the Interior.

Authorizes the use of funds for one-year contracts which are to be performed in two fiscal years, if the total amount for such contracts is obligated in the year for which the funds are appropriated.

Directs the Secretary of Health and Human Services to assign not more than 50 employees of the Public Health Service to assist in child survival activities with funds provided by the Agency for International Development, the United Nations International Children's Emergency Fund, or the World Health Organization.

Authorizes the use of funds to pay physicians' comparability allowances.

Makes funds available for the purchase of dedicated telephone service between the private residences of employees assigned to computer centers funded under this Act and the computer centers to which such employees are assigned.

Requires funds appropriated to the National Institutes of Health to be apportioned at the individual appropriation level. Prohibits the executive branch from requiring the Institutes to consolidate its apportionments at the mechanism level, nor apportion to any Institute at a level below the appropriation level.

Prohibits personnel ceilings from being imposed or any action from being taken to restrict the full-time equivalent levels for Public Health Service programs, projects, and activities funded by this or any other Act.

Declares that funds made available to carry out grants to assist the aged under the Public Health Service Act may only be expended in accordance with Department of Health and Human Services regulations and guidelines in effect as of August 31, 1987.

Authorizes the modification of a certain agreement with the State of Iowa with respect to Old Age, Survivors and Disability Insurance under the Social Security Act as it applies to services performed by certain policemen and firemen under a retirement system as in effect on July 1, 1953.

Directs the Secretary of Health and Human Services to: (1) report to the Congress on violations occurring during FY 1988 of the Department's travel policy; and (2) require that personnel found to be in violation of such policy reimburse the Department for misspent funds.

Directs the Secretary to publicize the availability of products and services of the National Library of Medicine.

Title III: Department of Education - Department of Education Appropriations Act, 1988 - Makes appropriations for FY 1988 to the Department of Education for: (1) compensatory education for the disadvantaged; (2) impact aid; (3) special programs; (4) bilingual education; (5) education for the handicapped; (6) rehabilitation services and handicapped research; (7) vocational and adult education; (8) guaranteed student loans; (9) higher education; (10) educational research and statistics; (11) libraries; (12) special institutions (American Printing House for the Blind, National Technical Institute for the Deaf, Gallaudet University, and Howard University); (13) departmental management for salaries and expenses, the Office for Civil Rights, and the Office of the Inspector General; (14) student financial assistance; (15) college construction loan insurance; and (16) college housing and academic facilities loans.

Prohibits the withholding of funds appropriated by this title for grants-in-aid to cover State agency operating expenses because of any disapproval of their personnel or manner of personnel selection if a merit system and classification and compensation plan are in operation.

Subjects the funds appropriated in this Act to the American Printing House for the Blind, Howard University, the National Technical Institute for the Deaf, and Gallaudet University to an audit by the Secretary of Education.

Prohibits the use of funds appropriated under this Act to: (1) force any school or school district which is desegregated to take any action to force the busing of students, to force on account of race, creed, or color the abolishment of any such school, or to force the transfer or assignment of any student attending such a school to or from a particular school over the protest of the student's parents; (2) transport students or teachers in order to overcome racial imbalances or to carry out a plan of racial desegregation of any school or school system; or (3) transport any student to a school other than the school which is nearest the student's home.

Prohibits using funds appropriated under this Act to prevent the implementation of programs of voluntary prayer and meditation in the public schools.

Title IV: Related Agencies - Makes appropriations for FY 1988 to: (1) the Corporation for Public Broadcasting for the Public Broadcasting Fund; (2) the Federal Mediation and Conciliation Service for salaries and expenses; (3) the Federal Mine Safety and Health Review Commission for salaries and expenses; (4) the National Commission on Libraries and Information Science for salaries and expenses; (5) the National Council on the Handicapped for salaries and expenses; (6) the National Labor Relations Board for salaries and expenses; (7) the National Mediation Board for salaries and expenses; (8) the Occupational Safety and Health Review Commission for salaries and expenses; (9) the Physician Payment Review Commission for salaries and expenses; (10) the Prospective Payment Assessment Commission; (11) the Railroad Retirement Board for the dual benefits payments account, the Federal payment to the railroad retirement accounts, and the expenses of the Railroad Retirement Board, including the administration of the Railroad Unemployment Insurance Act; (12) the Soldiers' and Airmen's Home for operation and maintenance and capital outlay; (13) ACTION; (14) the National Commission to Prevent Infant Mortality; and (15) the United States Institute of Peace.

Title V: General Provisions - Limits the expenditure of any appropriation under this Act for any consulting service through procurement contract to those contracts where such expenditures are a matter of public record, except where otherwise provided under existing law, or under existing Executive Order issued pursuant to existing law.

Sets forth limitations on the use of funds appropriated for salaries and expenses under this Act.

Prohibits the use of funds appropriated under this Act for any loan, loan guarantee, grant, salary, or other remuneration for any individual applying for admission, attending, employed by, teaching at, or doing research at an institution of higher education who has engaged in conduct on or after August 1, 1969, which involves the use of (or or the assistance to others in the use of) force or the threat of force or the seizure of property under the control of an institution of higher education, to require or prevent the availability of certain curricula, or to prevent the faculty, administrative officials, or students in such institution from engaging in their duties or pursuing their studies at such institution.

Authorizes the Secretaries of Labor, of Education, and of Health and Human Services 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 purposes, and for the same periods of time, for which they were originally appropriated.

Prohibits any part of any appropriation contained in this Act from: (1) remaining available for obligation beyond the current fiscal year, unless expressly so provided; (2) being used for publicity or propaganda to support or defeat legislation pending before the Congress, except in presentation to the Congress itself or for normal and recognized executive-legislative relationships; (3) being used to pay for activities by grant or contract recipients or their agents designed to influence legislation or appropriations pending before the Congress; or (4) being used for research, experimental, or other activities presenting a danger to participants or subjects, without their written, informed consent (or that of parents or legal guardians in the case of minors).

Authorizes the Secretaries to make available specified amounts from funds available for salaries and expenses under titles I, II, and III, for official reception and representation expenses. Authorizes the Director of the Federal Mediation and Conciliation Service and the Chairman of the National Mediation Board to make available specified amounts for such expenses.

Provides for a reduction by a uniform percentage (to be determined by the President) of all appropriations accounts within this Act from which expenses for travel, transportation, and subsistence are paid to achieve a specified total outlay reduction in FY 1988.

Prohibits the Secretary of Labor from using funds made available by this Act to withdraw approval of the California State occupational safety and health plan, or from exercising exclusive Federal safety and health authority in California, until the Court of Appeals for the Third Appellate District of California has rendered final judgment in specified cases and all direct appeals have been completed

Prohibits the use of funds made available to the Centers for Disease Control to provide AIDS (acquired immune deficiency syndrome) education, information, or prevention materials and activities that promote or encourage homosexual activities.

Requires the National Institutes of Health to take all possible steps to ensure that all experimental drugs for the treatment of AIDS that have shown some effectiveness in treating individuals infected with the human immunodeficiency virus are tested in clinical trials as expeditiously as possible and with as many subjects as is scientifically acceptable.