Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriation Act, 1984

PUBLIC LAW 98-139—OCT. 31, 1983 97 STAT. 871
Public Law 98-139
98th 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 30,1984,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following
sums are appropriated, out of any money in the Treasury not
otherwise appropriated, for the Departments of Labor, Health and
Human Services, and Education, and related agencies, for the fiscal
year ending September 30, 1984, and for other purposes, namely:
TITLE I—DEPARTMENT OF LABOR
EMPLOYMENT AND TRAINING ADMINISTRATION
PROGRAM ADMINISTRATION
For expenses of administering employment and training pro­
grams, $82,739,000, together with not to exceed $35,828,000 which
may be expended from the Employment Security Administration
account in the Unemployment Trust Fund. Oct. 31, 1983
[H.R. 3913]
Departments of
Labor, Health
and Human
Services, and
Education, and
Related
Agencies
Appropriation
Act, 1984.
Department of
Labor
Appropriation
Act, 1984.
29 use 1501
note. TRAINING AND EMPLOYMENT SERVICES
For expenses necessary to carry into effect the Job Training
Partnership Act, 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,
$2,793,810,000 plus reimbursements, including $1,500,000 for the
National Commission for Employment Policy, including $2,250,000
for all activities conducted by and through the National Occupa­
tional Information Coordinating Committee under the Job Training
Partnership Act, and including $7,500,000 for service delivery areas
under section 101(a)(4)(A)(iii) of the Job Training Partnership Act in 29 USC 1511
addition to amounts otherwise provided under sections 202 and
251(b) of the Act, and $3,605,198,000 plus reimbursements, to be
available for obligation for the period July 1, 1984 through June 30,
1985, including $2,000,000 for the National Commission for Employ­
ment Policy, including $3,000,000 for all activities conducted by and
through the National Occupational Information Coordinating Com­
mittee under the Job Training Partnership Act, and including
$10,000,000 for service delivery areas under section 101(a)(4)(A)(iii) of
the Job Training Partnership Act in addition to amounts otherwise
provided under sections 202 and 251(b) of the Act: Provided, That no
funds from any other appropriation shall be used to provide meal
services at or for Job Corps centers.
For expenses necessary to carry into effect section 51 of the
Internal Revenue Code of 1954, as amended (26 U.S.C. 51), and 29 USC 1602,
1631. 97 STAT. 872 PUBLIC LAW 98-139—OCT. 31, 1983
92 Stat. 181. sections 210, 211, and 212 of Public Law 95-250, $20,400,000, not­
withstanding section 261(fX2)(A) of the Economic Recovery Tax Act
26 use 51 note, of 1981, as amended.
COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS
To carry out the activities for national grants or contracts with
public agencies and public or private nonprofit organizations under
paragraph (1)(A) of section 506(a) of title V of the Older Americans
42 use 3056d. Act of 1965, as amended, $247,494,000.
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, $69,806,000.
FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES
For payments during the current fiscal year of benefits and
92 Stat. 172. payments as authorized by title II of Public Law 95-250, as
amended, of trade adjustment benefit payments and allowances, as
provided by law (part I, subchapter B, chapter 2, title II of the Trade
19 use 2291. Act of 1974, as amended) $12,000,000, together with such amounts as
may be necessary to be charged to the subsequent appropriation for
payments for any period subsequent to September 15 of the current
year: Provided, That amounts received or recovered pursuant to
92 Stat. 179. section 208(e) of Public Law 95-250 shall be available for payments.
STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT SERVICE
OPERATIONS
For activities authorized by the Act of June 6, 1933, as amended
29 use 49- (29 U.S.C. 49-491-1; 39 U.S.Cf. 3202(aXlXE)); Veterans' Einployment
49^-1 and Readjustment Act of 1972, as amended (38 U.S.C. 2003A-2004);
title III of the Social Security Act, as amended (42 U.S.C. 502-504);
and necessary administrative expenses for carrying out 5 U.S.C.
8501-8523, sections 231-235 and 243-244, title II of the Trade Act of
19 use ooi^ 1^'^'^' as amended; and sections 101(aX15)(H)(ii) and 212(aX14) of the
2291-2295,2315, Immigration and Nationality Act, as amended (8 U.S.C. 1101 et seq.),
fuse 1182 $22,500,000, together with $29,700,000 which shall be available only
19 use for sections 236, 237, and 238 of the Trade Act of 1974 and for
2296-2298. necessary related administrative expenses, together with not to
exceed $2,547,702,000 which may be expended from the Employment
Security Administration account in the Unemployment Trust Fund,
and of which $108,800,000 shall be available only for programs
under 38 U.S.C. 2003A and 2004; and of which $19,400,000 shall be
available for State operations necessary for national statistical pro­
grams; and of which $530,995,000 shall be available for obligation
under section 6 during the period October 1, 1983, through June 30,
1984, to fund activities under the Act of June 6, 1933, as amended,
and of which $587,310,000 shall be available only to the extent
necessary to administer unemployment compensation laws to meet
increased costs of administration resulting from changes in a State
law or increeises in the number of unemployment insurance claims
filed and claims paid or increased salary costs resulting from
changes in State salary compensation plans embracing employees of
the State generally over those upon which the State's basic alloca­
tion was based, wnich cannot be provided for by normal budgetary
adjustments, and, in addition $20,300,000, together with not to PUBLIC LAW 98-139—OCT. 31, 1983 97 STAT. 873
exceed $720,098,000 which may be expended from the Employment
Security Administration account in the Unemployment Trust Fund
which shall be available for obligation under section 6 during the
period July 1, 1984, through June 30, 1985, to fund activities under
the Act of June 6,1933, as amended. 96 Stat. 1392.
ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND OTHER FUNDS 29 use 49—
49Z-1.
26 use 9501. 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 author- 42 USC 1105,
ized by section 9501(c)(1) of the Internal Revenue Code of 1954, as l|23-g
amended, and for nonrepayable advances to the revolving fund
established by section 901(e) of the Social Security Act, to the 42 use iioi.
Unemployment Trust Fund as authorized by section 8509 of title 5,
United States Code, and by title VI of the Tax Equity and Fiscal
Responsibility Act of 1982, and to the "Federal unemployment 26 use 3304
benefits and allowances" account, to remain available until Septem- ^°^^-
ber 30,1985, $7,109,000,000.
LABOR-MANAGEMENT SERVICES ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses for the Labor-Management Services
Administration, $62,136,000.
PENSION BENEFIT GUARANTY CORPORATION
PENSION BENEFIT GUARANTY CORPORATION FUND
The Pension Benefit Guaranty Corporation is authorized to make
such expenditures, including financial assistance authorized by sec­
tion 104 of Public Law 96-364, within limits of funds and borrowing 94 Stat. 1217.
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, 1984,
for such Corporation.
EMPLOYMENT STANDARDS ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses for the Employment Standards Adminis­
tration, including reimbursement to State, Federal and local agen­
cies and their employees for inspection services rendered,
$185,677,000, together with $380,000 which may be expended from
the Special Fund in accordance with sections 39(c) and 44(j) of the
Longshoremen's and Harbor Workers' Compensation Act. 33 use 939, 944.
SPECIAL BENEFITS
For the payment of compensation, benefits, and expenses (except
administrative expenses) accruing during the current or any prior
fiscal year authorized by title V, chapter 81 of the United States
Code; continuation of benefits as provided for under the head "Civil- 5 use 8ioi et
seq. 97 STAT. 874 PUBLIC LAW 98-139—OCT. 31, 1983
ian War Benefits" in the Federal Security Agency Appropriation
60 Stat. 687. Act, 1947; the Employees' Compensation Commission Appropriation
57 Stat. 513. Act, 1944; and sections 4(c) and 5(f) of the War Claims Act of 1948 (50
42 use 1702; 50 U.S.C. App. 2012); and 50 per centum of the additional compensation
use app. 2004. and benefits required by section 10(h) of the Longshoremen's and
33 use 910. Harbor Workers' Compensation Act, as amended, $220,100,000,
together with such amount 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 September 15 of the
current year: Provided, That in addition there shall be transferred
from the Postal Service fund to this appropriation such sums as the
Secretary of Labor determines to be the cost of administration for
Postal Service employees through September 30,1984.
BLACK LUNG DISABILITY TRUST FUND
For payments from the Black Lung Disability Trust Fund,
$853,994,000, of which $818,019,000 shall be available until Septem­
ber 30, 1985, for payment of all benefits and interest on advances
under subsection (c)(2) of section 9501 of the Internal Revenue Code
26 use 9501. of 1954, as amended, as authorized by section 9501(d) (1), (2), (4), and
(7) of that Act and of which $21,949,000 shall be available for
transfer to Employment Standards Administration, Salaries and
Expenses and $13,406,000 for transfer to Departmental Manage­
ment, Salaries and Expenses, and $620,000 for transfer to Depart­
mental Management, Office of Inspector General, for expenses of
operation and administration of the Black Lung Benefits program as
authorized by section 9501(d)(5)(A) of that Act: Provided, That in
addition, such amounts as may be necessary may be charged to the
subsequent year appropriation for the payment of compensation and
other benefits for any period subsequent to June 15 of the current
year: Provided further. That in addition, such amounts shall be paid
from this fund into miscellaneous receipts as the Secretary of the
Treasury determines to be the administrative expenses of the
Department of the Treasury for administering the fund during the
current fiscal year, as authorized by section 9501(d)(5)(B) of that Act.
OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses for the Occupational Safety and Health
Administration, $212,560,000, including not to exceed $51,700,000,
which shall be the maximum amount available for grants to States
29 use 672. under section 23(g) of the Occupational Safety and Health Act,
which grants shall be no less than fifty percent of the costs of State
occupational safety and health programs required to be incurred
under plans approved by the Secretary under section 18 of the
29 use 667. Occupational Safety and Health Act of 1970: Provided, That none of
the funds appropriated under this paragraph shall be obligated or
expended for the assessment of civil penalties issued for first
instance violations of any standard, rule, or regulation promulgated
29 use 651 note. Under the Occupational Safety and Health Act of 1970 (other than
29 use 666. serious, willful, or repeated violations under section 17 of the Act)
resulting from the inspection of any establishment or workplace
subject to the Act, unless such establishment or workplace is cited,
on the basis of such inspection, for ten or more violations: Provided PUBLIC LAW 98-139—OCT. 31, 1983 97 STAT. 875
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 Occupa­
tional Safety and Health Act of 1970 which is applicable to any 29 use 651 note.
person who is engaged in a farming operation which does not
maintain a temporary labor camp and employs ten or fewer em­
ployees: 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, order or
administrative action under the Occupational Safety and Health
Act of 1970 affecting any work activity by reason of recreational
hunting, shooting, or fishing: Provided further. That no funds appro­
priated 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 work day 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, techni­
cal 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 five or more
employees, and take any action pursuant to such investigation
authorized by such Act; and
(6) to take any action authorized by such Act with respect to
complaints of discrimination against employees for exercising
rights under such Act: Provided further, That the foregoing
proviso shall not apply to any person who is engaged in a
farming operation which does not maintain a temporary labor
camp and employs ten or fewer employees: Provided further,
That none of the funds appropriated under this paragraph shall
be obligated or expended for the proposal or assessment of any
civil penalties for the violation or alleged violation by an
employer of ten or fewer employees of any standard, rule,
regulation, or order promulgated under the Occupational Safety
and Health Act of 1970 (other than serious, willful or repeated
violations and violations which pose imminent danger under
section 13 of the Act) if, prior to the inspection which gives rise 29 USC 662.
to the alleged violation, the employer cited has (1) voluntarily
requested consultation under a program operated pursuant to
section 7(c)(1) or section 18 of the Occupational Safety and
Health Act of 1970 or from a private consultative source 29 USC 656,667. 97 STAT. 876 PUBLIC LAW 98-139—OCT. 31, 1983
approved by the Administration and (2) had the consultant
examine the condition cited and (3) made or is in the process of
making a reasonable good faith effort to eliminate the hazard
created by the condition cited as such, which was identified by
the aforementioned consultant, unless changing circumstances
or workplace conditions render inapplicable the advice obtained
from such consultants: Provided further, That none of the funds
appropriated under this paragraph may be obligated or ex­
pended for any State plan monitoring visit by the Secretary of
Labor under section 18 of the Occupational Safety and Health
29 use 667. Act of 1970, of any factory, plant, establishment, construction
site, or other area, workplace or environment where such a
workplace or environment has been inspected by an employee of
a State acting pursuant to section 18 of such Act within the six
months preceding such inspection: Provided further, That this
limitation does not prohibit the Secretary of Labor from con­
ducting such monitoring visit at the time and place of an
inspection by an employee of a State acting pursuant to section
18 of such Act, or in order to investigate a complaint about
State program administration including a failure to respond to
a worker complaint regarding a violation of such Act, or in
order to investigate a discrimination complaint under section
29 use 660. 11(c) of such Act, or as part of a special study monitoring
program, or to investigate a fatality or catastrophe: Provided
further. That none of the funds appropriated under this para­
graph may be obligated or expended for the inspection, investi­
gation, or enforcement of any activity occurring on the Outer
Continental Shelf which exceeds the authority granted to the
Occupational Safety and Health Administration by any provi-
43 use 1301 sion of the Outer Continental Shelf Lands Act, or the Outer
43^sc 1801 Continental Shelf Lands Act Amendments of 1978.
note.
MINE SAFETY AND HEALTH ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses for the Mine Safety and Health Adminis­
tration, $151,397,000, including purchase and bestowal of certificates
and trophies in connection with mine rescue and first-aid work, and
the purchase of not to exceed eighty passenger motor vehicles for
30 use 962. replacement only; the Secretary is authorized to accept lands, build­
ings, 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 Administra­
tion 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 avail­
able to the Department may be used, with the approval of the
Secretary, to provide for the costs of mine rescue and survival
operations in tne event of major disaster: Provided, That none of the
funds appropriated under this paragraph shall be obligated or ex­
pended to carry out section 115 of the Federal Mine Safety and
30 use 825. Health Act of 1977 or to carry out that portion of section 104(g)(1) of
30 use 814. 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. PUBLIC LAW 98-139—OCT. 31, 1983 97 STAT. 877
BUREAU OF LABOR STATISTICS
SALARIES AND EXPENSES
For necessary expenses for the Bureau of Labor Statistics, includ­
ing advances or reimbursements to State, Federal, and local agen­
cies and their employees for services rendered, $136,587,000, of
which $4,837,000 shall be for expenses of revising the Consumer
Price Index: Provided, That $2,628,000 shall remain available until
September 30,1985.
DEPARTMENTAL MANAGEMENT
SALARIES AND EXPENSES
For necessary expenses for Departmental Management, including
$2,001,000 for the President's Committee on Employment of the
Handicapped, $95,059,000, together with not to exceed $9,842,000
which may be expended from the Employment Security Administra­
tion account in the Unemployment Trust Fund and of which
$9,613,000 shall be for carrying into effect the provisions of 38 U.S.C.
2001-03. 38 use
SPECIAL FOREIGN CURRENCY PROGRAM 2001-2003.
For payments in foreign currencies which the Treasury Depart­
ment determines to be excess to the normal requirements of the
United States, for necessary expenses of the Department of Labor,
as authorized by law, $67,000, to remain available until expended.
This appropriation shall be available in addition to other appropri­
ations to such agency for payments in foreign currencies.
OFFICE OF THE INSPECTOR GENERAL
For salaries and expenses of the Office of the Inspector General in
carrying out the provisions of the Inspector General Act of 1978, 5 use app.
$37,707,000, together with not to exceed $5,700,000 which may be
expended from the Employment Security Administration account in
the Unemployment Trust Fund.
GENERAL PROVISION
SEC. 101. Appropriations in this Act available for salaries and
expenses shall be available for supplies, services, and rental of
conference space within the District of Columbia, £is the Secretary of
Labor shall deem necessary for settlement of labor-management
disputes.
This title may be cited as the "Department of Labor Appropri- Short title.
ation Act, 1984". 97 STAT. 878 PUBLIC LAW 98-139—OCT. 31, 1983
Department of
Health and
Human Services
Appropriation
Act, 1984. TITLE II—DEPARTMENT OF HEALTH AND HUMAN
SERVICES
HEALTH RESOURCES AND SERVICES ADMINISTRATION
42 use 241, 281,
219, 292a, 296,
300, 300q, 300s,
SOOw.
30 use 937.
42 use 701.
42 use 293.
42 use 254k.
42 use 254h,
254n, 254p.
42 use 254m.
42 use 234,
254m.
96 Stat. 1830. HEALTH RESOURCES AND SERVICES
For carrying out titles III, IV, V, VII, VIII, X, parts A and C of
title XVI, and XIX of the Public Health Service Act, 5 U.S.C. 7901,
section 427(a) of the Federal Coal Mine Health and Safety Act, as
amended, and title V of the Social Security Act, $1,304,105,000 of
which $2,200,000 shall be available only for payments to the State of
Hawaii for care and treatment of persons afflicted with Hansen's
disease; and of which $883,000, to be available until expended, shall
be used to renovate the National Hansen's Disease Center; and of
which $800,000 shall remain available until expended for interest
subsidies on loan guarantees made prior to fiscal year 1981 under
part B of title VII: Provided, That this appropriation shall be
available for payment of the costs of medical care, related expenses,
and burial expenses hereafter incurred by or on behalf of any person
who has participated in the study of untreated syphilis initiated in
Tuskegee, Alabama, in 1932, in such amounts and subject to such
terms and conditions as prescribed by the Secretary of Health and
Human Services and for payment, in such amounts and subject to
such terms and conditions, of such costs and expenses hereafter
incurred by or on behalf of such person's wife or offspring deter­
mined by the Secretary to have suffered injury or disease from
syphilis contracted from such person: Provided further, That when
the Department of Health and Human Services operates an em­
ployee health program for any Federal department or agency, pay­
ment for the estimated cost shall be made by way of reimbursement
or in advances to this appropriation: Provided further. That during
the fiscal year, and within the resources and authority available
under section 338 of the Public Health Service Act, gross obligations
for the principal amount of direct loans under sections 335(c),
338C(e)(l), and 338E of that Act shall not exceed $1,000,000: Provided
further, That none of the funds made available by this Act shall be
used to provide special retention pay (bonuses) under paragraph (4)
of 37 U.S.C. 302(a) to any regular or reserve officer of the Public
Health Service for any period during which the officer is providing
obligated service under section 338B (or under former sections 225(e)
or 752) of the Public Health Service Act except that this proviso
shall not apply to any period of service covered by an agreement
entered into by an officer under 37 U.S.C. 302(c)(1) before the date of
enactment of Public Law 97-377.
MEDICAL FACILITIES GUARANTEE AND LOAN FUND
42 use 300q-2.
42 use 291,
300q. FEDERAL INTEREST SUBSIDIES FOR MEDICAL FACILITIES
For carrying out section 1602 of the Public Health Service Act,
$32,000,000 shall be available without fiscal year limitation for the
payment of interest subsidies. The total principal amount of loans to
be guaranteed or directly made, which may be allotted among the
States, pursuant to titles VI and XVI of the Public Health Service
Act shall not exceed a cumulative amount of $1,500,000,000. During PUBLIC LAW 98-139—OCT. 31, 1983 97 STAT. 879
the fiscal year no commitments for direct loans or loan guarantees
shall be made.
HEALTH MAINTENANCE ORGANIZATION LOAN AND LOAN GUARANTEE
FUND
Any amounts received by the Secretary in connection with loans
and loan guarantees under title XIII of the Public Health Service
Act, and not to exceed $12,360,000 may be disbursed with respect to 42 use 300e.
any liability or contingent liability incurred prior to 1984.
CENTERS FOR DISEASE CONTROL
DISEASE CONTROL
To carry out titles III, XI, and XIX of the Public Health Service
Act, the Federal Mine Safety and Health Act of 1977, and the 42 use 241,
Occupational Safety and Health Act of 1970; including insurance of 29^usc 65i^ote
official motor vehicles in foreign countries; and purchase, hire,
maintenance, and operation of aircraft, $374,504,000, of which
$1,810,000 shall remain available until expended for construction
and renovation of facilities: Provided, That training of employees of
private agencies shall be made subject to reimbursement or ad­
vances to this appropriation for the full cost of such training.
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, $1,053,442,000. 42 use 24i, 281.
NATIONAL HEART, LUNG, AND BLOOD INSTITUTE
For carrying out section 301, title IV, and title XI of the Public
Health Service Act with respect to cardiovascular, lung, and blood 42 use 241,
diseases, and blood and blood products, $674,674,000. 281,300b-i.
NATIONAL INSTITUTE OF DENTAL RESEARCH
For carrying out section 301 and title IV of the Public Health
Service Act with respect to dental diseases, $84,312,000.
NATIONAL INSTITUTE OF ARTHRITIS, DIABETES, AND DIGESTIVE AND
KIDNEY DISEASES
For carrying out section 301 and title IV of the Public Health
Service Act with respect to arthritis, diabetes, and metabolic, diges­
tive, and kidney diseases, $442,543,000.
NATIONAL INSTITUTE OF NEUROLOGICAL AND COMMUNICATIVE
DISORDERS AND STROKE
For carrying out section 301 and title IV of the Public Health
Service Act with respect to neurological and communicative disor­
ders and stroke, $325,502,000. 97 STAT. 880 PUBLIC LAW 98-139—OCT. 31, 1983
NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES
For carrying out section 301 and title IV of the Public Health
42 use 241,281. Service Act with respect to allergy and infectious diseases,
$305,678,000.
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, $366,844,000.
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,
$265,014,000.
NATIONAL EYE INSTITUTE
For carrying out sections 301, 311 and title IV of the Public Health
42 use 241,243, Service Act with respect to eye diseases and visual disorders,
281- $150,783,000.
NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES
For carrying out sections 301, 311 and title IV of the Public Health
Service Act with respect to environmental health sciences,
$173,000,000.
NATIONAL INSTITUTE ON AGING
For carrying out section 301 and title IV of the Public Health
Service Act with respect to aging, $112,300,000.
RESEARCH RESOURCES
For carrying out sections 301 and 472 of the Public Health Service
42 use 241, Act with respect to research resources and general research support
289Z-1. grants, $241,928,000: Provided, That none of these funds, with the
exception of funds for the Minority Biomedical Research Support
program, shall be used to pay recipients of the general research
support grants program any amount for indirect expenses in connec­
tion with such grants.
JOHN E. FOGARTY INTERNATIONAL CENTER
For carrying out the activities at the John E. Fogarty Interna­
tional Center, $11,336,000, of which $1,899,000 shall be available for
payment to the Gorgas Memorial Institute for maintenance and
operation of the Gorgas Memorial Laboratory.
NATIONAL LIBRARY OF MEDICINE
For carrying out section 301 with respect to health information
communications and parts I and J of title III of the Public Health
42 use 275, Service Act, $42,113,000.
280b. PUBLIC LAW 98-139—OCT. 31, 1983 97 STAT. 881
OFFICE OF THE DIRECTOR
For carrying out the responsibilities of the Office of the Director,
National Institutes of Health, $26,720,000 including purchase of not
to exceed thirteen passenger motor vehicles for replacement only.
BUILDINGS AND FACILITIES
For construction of and acquisition of sites and equipment for,
facilities of or used by the National Institutes of Health, $25,040,000
to remain available until expended.
ALCOHOL, DRUG ABUSE, AND MENTAL HEALTH ADMINISTRATION
ALCOHOL, DRUG ABUSE, AND MENTAL HEALTH
For carrying out the Public Health Service Act with respect to 42 use 201 note.
mental health, drug abuse, alcohol abuse, and alcoholism,
$828,869,000, of which $1,515,000 for design, modernization and
improvement of government owned or leased intramural research
facilities shall remain available until expended.
FEDERAL SUBSIDY FOR SAINT EUZABETHS HOSPITAL
For expenses necessary for the maintenance and operation of
Saint Elizabeths Hospital in the District of Columbia, $67,744,000:
Provided, That the Secretary of Health and Human Services may 24 use I68b.
set rates for inpatient and outpatient services provided through
Saint Elizabeths Hospital that in the aggregate do not exceed the
estimated total cost of providing such services, and may bill and
collect from (prospectively or otherwise) individuals, the District of
Columbia, Executive agencies and other entities for any services so
provided. Amounts so collected shall be credited to the appropri­
ation for Saint Elizabeths Hospital: Provided further. That during 24 use I65a.
fiscal year 1984 and thereafter the superintendent of Saint Eliza­
beths Hospital may reside off the premises of the hospital, notwith­
standing section 4839 of the Revised Statutes (42 U.S.C. 165). 24 use 165.
OFFICE OF ASSISTANT SECRETARY FOR HEALTH
PUBLIC HEALTH SERVICE MANAGEMENT
For the expenses necessary for the Office of Assistant Secretary
for Health and for carrying out titles III and XX of the Public
Health Service Act, $105,572,000, together with not to exceed 42 use 241,300z.
$1,050,000 to be transferred and expended as authorized by section
201(g) of the Social Security Act, from the Federal Hospital Insur- 42 use 40i.
ance and the Federal Supplementary Medical Insurance Trust
Funds referred to therein: Provided, That section 2008(g) does not
apply to these programs.
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 Survi­
vor Benefit Plan and for medical care of dependents and retired 97 STAT. 882 PUBLIC LAW 98-139—OCT. 31, 1983
10 use 1071 et
seq. personnel under the Dependents' Medical Care Act (10 U.S.C, ch.
55), such amounts as may be required during the current fiscal year.
HEALTH CARE FINANCING ADMINISTRATION
GRANTS TO STATES FOR MEDICAID
For carrying out, except as otherwise provided, title XIX of the
42 use 1396. Social Security Act, $15,568,108,000 (in addition to the $5,105,600,000
previously appropriated), to remain available until expended.
For making, after May 31, 1984, payments to States under title
XIX of the Social Security Act, for the last quarter of fiscal year
1984 for unanticipated costs, incurred for the current fiscal year,
such sums as may be necessary, the obligations and the expendi­
tures to be charged to the subsequent appropriations for the current
or succeeding fiscal year.
Payment under title XIX may be made for any quarter beginning
after June 30, 1983, and before October 1, 1984, with respect to any
State plan or plan amendment in effect during any such quarter, if
submitted in, or prior to, such quarter and approved in that or any
such subsequent quarter.
For making payments to States under title XIX of the Social
Security Act for the first quarter of fiscal year 1985, $5,552,000,000
to remain available until expended.
Ante, pp. 103,
104; 42 use
1395w.
42 use 426a,
1395i-l.
42 use 426 note.
42 use 1301,
1395, 1396.
42 use 401.
42 use 1395h
note. 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), 229(b) and 1844 of the Social Security Act, sections
103(c) and 111(d) of the Social Security Amendments of 1965, and
section 278(d) of Public Law 97-248, $17,682,000,000.
PROGRAM MANAGEMENT
For cariying out, except as otherwise provided, titles XI, XVIII
and XIX of the Social Security Act, $90,200,000 together with not to
exceed $1,024,237,000 to be transferred to this appropriation as
authorized by section 201(g) of the Social Security Act, from the
Federal Hospital Insurance and the Federal Supplemental^ Medical
Insurance Trust Funds referred to therein: Provided, That these
amounts shall be in addition to $45,000,000 for this purpose avail­
able under section 118 of Public Law 97-248: Provided further. That
$25,000,000 of the foregoing amount shall be expended only to the
extent necessary to process workloads not anticipated in the budget
estimates and to meet unanticipated costs of agencies or organiza­
tions with which ^reements have been made to participate in the
administration of title XVIII and after maximum absorption of such
costs within the remainder of the existing limitation has been
achieved.
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 PUBLIC LAW 98-139—OCT. 31, 1983 97 STAT. 883
sections 217(g), 228(g), 229(b), and 1131(b)(2) of the Social Security
Act and section 152 of Public Law 98-21, $521,258,000. Ante, pp. 103-105;
SPECIAL BENEFITS FOR DISABLED COAL MINERS 42 use 428,
1320b-l.
For carrying out title IV of the Federal Mine Safety and Health
Act of 1977, including the payment of travel expenses on an actual 30 USC 901.
cost or commuted basis, to an individual, for travel incident to
medical examinations, and to parties, their representatives and all
reasonably necessary witnesses for travel within the United States,
Puerto Rico, and the Virgin Islands, to reconsideration interviews
and to proceedings before administrative law judges, $1,068,000,000.
For making, after July 31 of the current fiscal year, benefit pay­
ments 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 £is may be necessary, the obligations and expenditures to
be charged to the subsequent appropriations for the current or
succeeding fiscal year.
SUPPLEMENTAL SECURITY INCOME PROGRAM
For carrying out the Supplemental Security Income Program
under title XVI of the Social Security Act, section 401 of Public Law 42 use 1381.
92-603, section 212 of Public Law 93-66, as amended, and section 405 42 use I382e
of Public Law 95-216, including payment to the social security trust lf'' ^^ ^*^*-
funds for administrative expenses incurred pursuant to section 42 use 1383
201(g)(1) of the Social Security Act, $8,339,000,000 to remain avail- note.
able until expended: Provided, That any portion of the funds provided 42 use 40i.
to a State in the current fiscal year and not obligated by the State
during that year shall be returned to the Treasury. For making,
after July 31 of the current fiscal year, benefit payments to individ­
uals under title XVI of the Social Security Act, for unanticipated
costs incurred for the current fiscal year, such sums as may be
necessary, the obligations and expenditures therefor to be charged
to the subsequent appropriations for the current or succeeding fiscal
year.
ASSISTANCE PAYMENTS PROGRAM
For carrying out, except as otherwise provided, titles I, IV—A and
—D, X, XI, XIV, and XVI, of the Social Security Act and the Act of 42 USC 301 601,
July 5, 1960 (24 U.S.C, ch. 9), $6,292,000,000 (in addition to the Jfsi^iggi^^^^'
$1,718,000,000 already appropriated), to remain available until 24 use 321 et
expended. seq.
For making, after May 31 of the current fiscal year, payments to
States under titles I, IV—A and —D, X, XIV, and XVI of the Social
Security Act for the last three months of the current fiscal year for
unanticipated costs, incurred for the current fiscal year, such sums
as may be necessary, the obligations and expenditures to be charged
to the subsequent appropriations for the current or succeeding fiscal
year.
For making payments to States under titles I, IV—A and —D, X,
XIV, and XVI of the Social Security Act for the first quarter of fiscal
year 1985, $2,073,000,000 to remain available until expended: Pro­
vided, That the Secretary of Health and Human Services shall
transfer to the Secretary of Agriculture for payment to States for
administrative costs in connection with certification of AFDC house-97 STAT. 884 PUBLIC LAW 98-139—OCT. 31, 1983
7 use 2011 note, holds under the Food Stamp Act of 1977, such amounts as may be
agreed upon between them.
CHILD SUPPORT ENFORCEMENT
For carrying out, except as otherwise provided, titles IV-D and XI
42 use 651, of the Social Security Act, $489,000,000 (in addition to the
$118,000,000 already appropriated) to remain available until
expended.
For making, after May 31 of the current fiscal year, payments to
States under title IV-D of the Social Security Act for the last three
months of the current fiscal year for unanticipated costs, incurred
for the current fiscal year, such sums as may be necessary, the
obligations and the expenditures to be charged to the subsequent
appropriations for the current or succeeding fiscal year.
For making payments to States under title IV-D of the Social
Security Act for the first quarter of fiscal year 1985, $138,000,000 to
remain available until expended.
LOW INCOME HOME ENERGY ASSISTANCE
For carrying out title XXVI of the Omnibus Budget Reconciliation
42 use 8621. Act of 1981, $1,875,000,000.
LIMITATION ON ADMINISTRATIVE EXPENSES
For necessary expenses, not more than $3,718,303,000 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:
42 use 1383 Provided, That travel expense payments under section 1631(h) of
°°^' such Act may be made only when travel of more than seventy-five
miles is required: Provided further, That $50,000,000 of the foregoing
amount shall be apportioned for use pursuant to section 3679 of the
31 use 1511 et Revised Statutes (31 U.S.C. 665), only to the extent necessary to
*^9- process workloads not anticipated in the budget estimates, for auto­
mation projects, and to meet mandatory increases in costs of agen­
cies or organizations with which agreements have been made to
participate in the administration of titles XVI and XVIII and sec-
42 use 1381, tion 221 of the Social Security Act, and after maximum absorption
1395,421. Qf gy^j^ ^Qg^g ^j^j^jn the remainder of the existing limitation has
been achieved: Provided further, That $44,388,000 authorized herein
shall be available only for acquisition of sites, construction, renova­
tion, and equipment of facilities and for payments for principal,
interest, taxes and any other obligations under contracts entered
40 use 356 note, into pursuant to the Public Buildings Purchase Contract Act of 1954
40 use 601 note, and the Public Buildings Amendments of 1972, and shall remain
available until expended: Provided further. That $200,054,000 for
automatic data processing and telecommunications activities shall
remain available until expended: Provided further. That none of the
funds appropriated by this Act may be used for the manufacture,
printing, or procuring of social security cards, as provided in section
42 use 405. 205(c)(2)(D) of the Social Security Act, where paper and other mate­
rials used in the manufacture of such cards are produced, manufac­
tured, or assembled outside of the United States. PUBLIC LAW 98-139—OCT. 31, 1983 97 STAT. 885
OFFICE OF HUMAN DEVELOPMENT SERVICES
SOCIAL SERVICES BLOCK GRANT
For carrying out the Social Services Block Grant Act, 42usci305
$2,675,000,000. "ote.
HUMAN DEVELOPMENT SERVICES
For carrying out, except as otherwise provided, the Older Ameri­
cans Act of 1965, the Runaway and Homeless Youth Act, title VIII of 42 use 300i
the Community Services Act, the Developmental Disabilities Assist- ^^^frop ccni
ance and Bill of Rights Act of 1981, and the Head Start Act of 1981, note
$1,849,648,000, of which $43,750,000 shall be for grants under part C 42 use 2991.
of the Developmental Disabilities Assistance and Bill of Rights Act, 42 use 6000
and $8,400,000 shall be for section 113 of such Act. Jf ggc g^g^
6012.
FAMILY SOCIAL SERVICES
For carrying out, except as otherwise provided, parts A, B, and E
of title IV and sections 1110 and 1115 of the Social Security Act and 42 use 60i 620,
title II of Public Law 95-266 (adoption opportunities), $625,905,000. 42 {jsc 5111
WORK INCENTIVES
For carrying out a work incentive program, as authorized by part
C of title IV of the Social Security Act, including registration of 42 use 630.
individuals for such programs, and for related child care and other
supportive services, as authorized by section 402(a)(19)(G> of the Act, 42 use 602.
including transfer to the Secretary of Labor, as authorized by
section 431 of the Act, $270,760,000 which shall be the maximum 42 use 631.
amount available for transfer to the Secretary of Labor and to which
the States may become entitled pursuant to section 403(d) of such
Act, for these purposes. 42 use 603.
OFFICE OF COMMUNITY SERVICES
COMMUNITY SERVICES BLOCK GRANT
For carrying out the Community Services Block Grant Act, 42use990i
$352,300,000, of which $18,840,000 shall be for carrying out section "o^^-
681(aX2)(A), $3,840,000 shall be for carrying out section 681(a)(2)(D), 42 use 9910.
$2,880,000 shall be for carrying out section 681(aX2)(E), and
$5,760,000 shall be for carrying out section 681(a)(2)(F): Provided,
That not more than 10 per centum of the funds appropriated and
allotted to each State under section 674 of such Act shall be used for 42 use 9903.
purposes other than to make grants to eligible entities as defined in
section 673(1) of such Act or to organizations serving seasonal and 42 use 9902.
migrant farmworkers or to designated limited purpose agencies
which meet the requirements of section 673(1) of such Act, except
that the Secretary of Health and Human Services may waive this
requirement for any State applying for such a waiver if—
(1) the State obtained a waiver of the requirements of section
138 of Public Law 97-276 with respect to appropriations for 96 Stat. 1198.
fiscal year 1983; and
(2) the State submits, prior to October 1, 1983, an application
for fiscal year 1984 under the Community Services Block Grant 97 STAT. 886 PUBLIC LAW 98-139—OCT. 31, 1983
42 use 9901
note. Act, containing provisions for the use of assistance under that
Act by poHtical subdivisions.
DEPARTMENTAL MANAGEMENT
42 use 401.
42 use 1396b. GENERAL DEPARTMENTAL MANAGEMENT
For necessary expenses, not otherwise provided, for general de­
partmental management, including hire of six medium sedans,
$157,963,000, together with not to exceed $8,000,000 to be trans­
ferred and expended as authorized by section 201(g)(1) of the Social
Security Act from any one or all of the trust funds referred to
therein.
OFFICE OF THE INSPECTOR GENERAL
For expenses necessary for the Office of the Inspector General,
$62,292,000, together with not to exceed $6,000,000 to be transferred
and expended as authorized by section 201(g)(1) of the Social Secu­
rity Act from any one or all of the trust funds referred to therein.
For making pa5anents to States for medicaid State fraud control
units under section 1903(aX6) of the Social Security Act for the
current fiscal year, $24,871,000.
For making, after May 31 of the current fiscal year, payments to
States under section 1903(a)(6) of the Social Security Act for the last
three months of the current fiscal year for unanticipated costs,
incurred for the current fiscal year, not to exceed $5,000,000, the
obligations and expenditures to be charged to the subsequent appro­
priations for the current or succeeding fiscal year.
For making payments to States for medicaid State fraud control
units under section 1903(a)(6) of the Social Security Act for the first
quarter of fiscal year 1985, $9,000,000.
OFFICE FOR CIVIL RIGHTS
For expenses necessary for the Office for Civil Rights, $18,945,000,
together with not to exceed $2,350,000, to be transferred and ex-
42 use 401. pended as authorized by section 201(gXl) of the Social Security Act
from any one or all of the trust funds referred to therein.
POLICY RESEARCH
For carrying out, to the extent not otherwise provided, research
42 use 1310. studies under section 1110 of the Social Security Act, $10,000,000.
GENERAL PROVISIONS
State agencies, SEC. 201. None of the funds appropriated by this title for grants-in-
grants-m-aid. ^^^ ^f State agencies to cover, in whole or in part, the cost of
operation of said agencies, including the salaries and expenses of
officers and employees of said ajgencies, shall be withheld from the
said agencies of any State which have established by legislative
enactment and have in operation a merit system and classification
and compensation plan covering the selection, tenure in office, and
compensation of their employees, because of any disapproval of their
personnel or the manner of their selection by the agencies of the
said States, or the rates of pay of said officers or employees. PUBLIC LAW 98-139—OCT. 31, 1983 97 STAT. 887
SEC. 202. None of the funds provided herein shall be used to pay
any recipient of a grant for the conduct of research an amount equal
to as much as the entire cost of such research.
SEC. 203. Appropriations in this Act for the Health Resources and
Services Administration, the National Institutes of Health, the
Centers for Disease Control, the Alcohol, Drug Abuse, and Mental
Health Administration, the Office of the Assistant Secretary for
Health, the Health Care Financing Administration, and Depart­
mental Management shall be available for expenses for active com­
missioned officers in the Public Health Service Reserve Corps and
for not to exceed two thousand five hundred commissioned officers
in the Regular Corps; expenses incident to the dissemination of
health information in foreign countries through exhibits and other
appropriate means; advances of funds for compensation, travel, and
subsistence expenses (or per diem in lieu thereof) for persons coming
from abroad to participate in health or scientific activities of the
Department pursuant to law; expenses of primary and secondary
schooling of dependents in foreign countries, of Public Health Serv­
ice commissioned officers stationed in foreign countries, at costs for
any given area not in excess of those of the Department of Defense
for the same area, when it is determined by the Secretary that the
schools available in the locality are unable to provide adequately for
the education of such dependents, and for the transportation of such
dependents, between such schools and their places of residence when
the schools are not accessible to such dependents by regular means
of transportation; expenses for medical care for civilian and commis­
sioned employees of the Public Health Service and their dependents,
assigned abroad on a permanent basis in accordance with such
regulations as the Secretary may provide; rental or lease of living
quarters (for periods not exceeding five years), and provision of heat,
fuel, and light and maintenance, improvement, and repair of such
quarters, and advance payments therefor, for civilian officers, and
employees of the Public Health Service who are United States
citizens and who have a permanent station in a foreign country;
purchase, erection, and maintenance of temporary or portable struc­
tures; and for the payment of compensation to consultants or indi­
vidual scientists appointed for limited periods of time pursuant to
section 207(f) or section 207(g) of the Public Health Service Act, at 42 use 209.
rates established by the Assistant Secretary for Health, or the
Secretary where such action is required by statute, not to exceed the
per diem rate equivalent to the rate for GS-18; not to exceed $9,500
for official reception and representation expenses related to any
health agency of the Department when specifically approved by the
Assistant Secretary for Health.
SEC. 204. None of the funds contained in this Act shall be used to Restricted
perform abortions except where the life of the mother would be ^^^^jj^i^
endangered if the fetus were carried to term.
SEC. 205. Funds advanced to the National Institutes of Health
Management Fund from appropriations in this Act shall be avail­
able for the expenses of sharing medical care facilities and resources
pursuant to section 327(a) of the Public Health Service Act. 42 use 254.
SEC. 206. Funds appropriated in this title for the Social Security
Administration and the Office of Child Support Enforcement shall
be available for not to exceed $5,000 for official reception and
representation expenses related to income maintenance or child
support enforcement activities of the Department when specifically
approved by the Commissioner of Social Security. 97 STAT. 888 PUBLIC LAW 98-139—OCT. 31, 1983
42 use 210 note.
Short title.
Department of
Education
Appropriation
Act, 1984.
20 use 3801.
20 use 3811.
20 use 3341.
42 use 2000c.
42 use 9801
note.
92 Stat. 2379; 86
Stat. 907.
20 use 3851. SEC. 207. Funds appropriated in this title for the Health Care
Financing Administration shall be available for not to exceed $2,000
for official reception and representation expenses when specifically
approved by the Administrator of the Health Care Financing Ad­
ministration.
SEC. 208. No funds appropriated for the fiscal year ending Septem­
ber 30, 1984, by this or any other Act, may be used to pay basic pay,
special pays, basic allowance for subsistence and basic allowances
for quarters of the commissioned corps of the Public Health Service
described in section 204 of title 42, United States Code, at a level
that exceeds 110 percent of the Executive Level I annual rate of
basic pay.
SEC. 209. None of the funds appropriated in this title shall be used
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.
This title may be cited as the "Department of Health and Human
Services Appropriation Act, 1984".
TITLE III—DEPARTMENT OF EDUCATION
COMPENSATORY EDUCATION FOR THE DISADVANTAGED
For carrying out chapter 1 of the Education Consolidation and
Improvement Act of 1981, $3,480,000,000 to become available on July
1, 1984, and remain available until September 30, 1985: Provided,
That no funds shall be used for the purposes of section 554(a)(1)(B),
$4,746,000 shall be available for purposes of section 555(d) to provide
technical assistance and evaluate programs, $258,024,000 shall be
available for the purposes of section 554(a)(2)(A), $146,520,000 shall
be available for purposes of section 554(a)(2)(B), $32,616,000 shall be
available for purposes of section 554(a)(2)(C) and $34,414,000 shall be
available for purposes of section 554(b)(1)(D).
For carrying out section 418 of the Higher Education Act,
$7,500,000.
SPECIAL PROGRAMS
For carrying out the consolidated programs and projects author­
ized under chapter 2 of the Education Consolidation and Improve­
ment Act of 1981; title IX, part C of the Elementary and Secondary
Education Act; title IV of the Civil Rights Act of 1964; the Follow
Through Act; sections 1524 and 1525 of the Education Amendments
of 1978; and Public Law 92-506, $527,867,000: Provided, That
$450,655,000 to carry out the State block grant program authorized
under chapter 2 of the Education Consolidation and Improvement
Act shall become available for obligation on July 1, 1984, and shall
remain available until September 30, 1985: Provided further, That
$28,765,000 for the purpose of subchapter D of the Education Con­
solidation and Improvement Act shall become available for obliga­
tion on October 1, 1983: Provided further. That $1,000,000 of the
amount appropriated above for the purpose of Public Law 92-506
shall become available on July 1, 1984, and shall remain available
until September 30,1985. PUBLIC LAW 98-139—OCT. 31, 1983 97 STAT. 889
BILINGUAL EDUCATION
For carrying out, to the extent not otherwise provided, title VII of
the Elementary and Secondary Education Act and part B, subpart 3 20 use 3221.
of the Vocational Education Act, as amended, $139,365,000 of which 20 use 24ii.
$3,686,000 for part B, subpart 3 of the Vocational Education Act
shall become available on July 1, 1984, and shall remain available
until September 30,1985.
SCHOOL ASSISTANCE IN FEDERALLY AFFECTED AREAS
For carrying out title I of the Act of September 30, 1950, as
amended (20 U.S.C. ch. 13), $565,000,000, of which $20,000,000 shall 20 use 236 et
be for entitlements under section 2 of said Act, $10,000,000 shall be |o^use 237
for payments under section 7 of said Act and $535,000,000 shall be 20 use 241-1.
for entitlements under section 3 of said Act of which $457,500,000 20 use 238.
shall be for entitlements under section 3(a) of said Act: Provided,
That payment with respect to entitlements under section 3(a) to any
local educational agency described in section 3(d)(1)(A) of said Act
shall be at 100 per centum of entitlement except that payment to
such agency attributable to children who reside on property which is
described in section 403(1)(C) of said Act shall be limited to 15 per 20 use 244.
centum of entitlement: Provided further. That payment with respect
to entitlements under section 3(a) to any local educational agency
not described in section 3(dXl)(A) shall be ratably reduced from 100
per centum of entitlement except that payment to such agency
attributable to children who reside on property which is described in
section 403(1 )(C) shall be ratably reduced from 15 per centum of
entitlement: Provided further. That payment with respect to entitle­
ments under section 3(b) of said Act to any local educational agency
in which 20 per centum or more of the total average daily attend­
ance is made up of children determined eligible under section 3(b)
shall be at 50 per centum of entitlement and payment with respect
to entitlements under section 3(b) of said Act to any local educational
agency in which less than 20 per centum of the total average daily
attendance is made up of children determined eligible under section
3(b) shall be ratably reduced from 100 per centum of entitlement:
Provided further. That no payments shall be made under section 3 to
any local educational agency whose payment under that section fails
to exceed $5,000: Provided further. That the provisions of section 5(c)
of said Act shall not apply to funds provided herein: Provided 20 use 240.
further. That no payments shall be made under section 7 of said Act 20 use 241-1.
to any local educational agency whose need for assistance under
that section fails to exceed the lesser of $10,000 or 5 per centum of
the district's current operating expenditures during the fiscal year
preceding the one in which the disaster occurred: Provided further.
That section 305(b)(2) of the Education Amendments of 1974 shall 20 use 238 note.
not apply to funds provided herein: Provided further. That for the 20 use 240.
duration of the provisions of this Act, section 5(c) of the Act of
September 30, 1950 (Public Law 874, 81st Congress), is amended by 20 use 240.
adding at the end thereof the following: "In the determination of
amounts of payments made on the basis of entitlements established
under sections 2, 3 and 4 after October 1, 1983, by reason of any 20 use 237-239.
provision of law other than this Act which places any additional
restriction on payments based on the concentration of children
counted under subsection (a) or (b) of section 3 in the schools of the
local education agency, such restriction shall be applied, in the case 97 STAT. 890 PUBLIC LAW 98-139—OCT. 31, 1983
of any State (other than a territory or possession of the United
States) within which there is only one local educational agency, by
treating each administrative school district within such State as a
local educational agency (solely for the purpose of computing the
20 use 240 note, amount of such payments).". This provision shall no longer be in
effect upon enactment into public law of similar language by the
duly recognized authorization committees; further this provision
shall not result in an increase to the State of Hawaii in an amount
in excess of 50 per centum of that which the State would have
received without the enactment of this provision.
For carrying out the Act of September 23, 1950, as amended (20
20 use 631 et u.S.C. ch. 19), $20,000,000 which shall remain available until ex-
*^^- pended, shall be for providing school facilities as authorized by said
Act: Provided, That with the exception of $8,500,000 for section 10 of
20 use 640, 644. said Act and $8,500,000 for section 14 (a) and (b) of said Act, none of
the funds contained herein for providing school facilities shall be
available to pay for any other section of the Act of September 23,
1950, until payment has been made of 100 per centum of the
20 use 635. amounts payable under sections 5 and 14(c) of said Act.
EDUCATION FOR THE HANDICAPPED
20 use 1400. For carrying out the Education of the Handicapped Act,
20 use 1411. $1,214,445,000 of which $1,043,875,000 for section 611 and
20 use 1419. $26,330,000 for section 619 shall become available for obligation on
July 1, 1984, and shall remain available until September 30, 1985:
Provided, That of the amounts appropriated $21,100,000 shall be for
early childhood education; and $5,000,000 shall be for regional,
vocational, adult and postsecondary programs: Provided further,
That of the amounts appropriated $6,000,000 for secondary educa­
tion and transitional services for the handicapped shall become
available upon the enactment of legislation authorizing such activi­
ties: Provided further. That of the $3,100,000 appropriated for spe­
cial studies $2,600,000 shall become available upon the enactment of
legislation expanding existing requirements under this activity.
REHABILITATION SERVICES AND HANDICAPPED RESEARCH
For carrying out, to the extent not otherwise provided, the Reha-
29 use 701 note, bilitation Act of 1973, as amended, and the International Health
22 use 2101 Research Act of 1960, $1,111,400,000, of which $991,028,554 shall be
29 use 720 ^°^ allotments under section 100(b)(1), $2,871,446 shall be for activi-
29 use 730. ties under section 110(b)(3), and $2,000,000 shall be made available
29 use 713. for evaluation activities under section 14.
VOCATIONAL AND ADULT EDUCATION
For carrying out, to the extent not otherwise provided, the Voca-
20 use 2301 tional Education Act, and the Adult Education Act, $831,314,000
note, 1201 note. which shall become available for obligation on July 1, 1984, and
shall remain available until September 30, 1985, except that
20 use 2401. $8,178,000 for part B, subpart 2 of the Vocational Education Act
shall become available for obligation on July 1, 1984, and shall
remain available until expended: Provided, That $7,000,000 for State
20 use 2305. advisory councils under section 105 of the Vocational Education Act
shall first be used to provide to each State, the District of Columbia,
Puerto Rico, the Virgin Islands, American Samoa, Guam, Trust PUBLIC LAW 98-139—OCT. 31, 1983 97 STAT. 891
Territory of the Pacific Islands, and Northern Mariana Islands an
amount at least equal to the amount it received in the previous
fiscal year, and the remainder shall be distributed equally among
the aforesaid recipients of these funds: Provided further, That not to
exceed $99,590,000 shall be for carrying out part A, subpart 3, of the
Vocational Education Act: Provided further. That $2,243,100 shall be
made available for the National Occupational Information Coordi­
nating Committee. 20 use 2350.
STUDENT FINANCIAL ASSISTANCE
For carrying out subparts 1, 2, and 3 of part A, and parts C and E
of title IV of the Higher Education Act, $3,976,860,000 which shall
remain available until September 30, 1985: Provided, That amounts
appropriated for Pell Grants shall be available first to meet any
insufficiencies in entitlements resulting from the payment schedule
for Pell Grants published by the Secretary of Education for the
1983-1984 academic year: Provided further. That pursuant to section
411(bX4)(A) of the Higher Education Act, amounts appropriated
herein for Pell Grants which exceed the amounts required to meet
the payments schedule published for any fiscal year by 15 per
centum or less shall be carried forward and merged with amounts
appropriated for the next fiscal year: Provided further. That the
maximum grant a student may receive in the 1984-1985 academic
year shall be $1,900 notwithstanding section 411(aX2) and section
411(b)(5) of the Higher Education Act: Provided further. That not­
withstanding section 413D(a) and subsections (a), (b), (c), and (e) of
section 442 of the Higher Education Act, the Secretary shall appor­
tion funds among the States so that each State's apportionment
under the Supplemental Educational Opportunity Grant Program
or Work-Study Program bears the same ratio to the total amount
appropriated under each program as that State's apportionment in
fiscal year 1981 for each program bears to the total amount appro­
priated for fiscal year 1981 for each program: Provided further. That
with regard to the Supplemental Educational Opportunity Grant
and Work-Study Programs notwithstanding the second sentence of
section 413D0t))(lXBXii) and section 446(a) of the Higher Education
Act, from each jurisdiction's allotment of funds under each program,
the Secretary shall allocate sums to institutions in that jurisdiction
that did not receive an allocation in fiscal year 1979 (award year
1979-1980) under each program in a manner that will most effec­
tively carry out the purposes of the Supplemental Educational
Opportunity Grant Program and the Work-Study Program, and
shall allocate the sums remaining to institutions that received an
allocation in fiscal year 1979 so that each institution's allocation
bears the same ratio to the amount it would have received under
section 413D(bXlXBXii) and section 446(a) as the remaining sums
available for allocation bear to the sums necessary to satisfy alloca­
tions made pursuant to section 413D(bXlXBXii) and section 446(a):
Provided further, That such sums as may be necessary shall be made
available to compensate private debt collection agencies under con­
tract with the Secretary of Education, as provided for in Public Law
97-365, from amounts collected by these private agencies on loans
defaulted under part E of the Higher Education Act. 20 use 1070a,
1070b, 1070c;
42 use 2751;
20 use 1088.
20 use 1070a.
20 use 1070a
note.
20 use 1070b-3
note.
20 use 1070b-3.
42 use 2752.
42 use 2756.
5 use 5514 note.
20 use 1088. 97 STAT. 892 PUBLIC LAW 98-139—OCT. 31, 1983
20 use 1071. GUARANTEED STUDENT LOANS
For necessary expenses under title IV, part B of the Higher
Education Act, $2,256,500,000 to remain available until expended.
20 use 1051,
1121, 1130, 1133,
1134d, 1134Z,
1134n, 1135,
1070e-l,
1132d-3.
20 use 1221e-lb
note.
22 use 2452.
20 use 1132d-3.
20 use 1134e.
5 use 5514 note.
42 use 3746.
22 use 2601
note.
20 use 1051.
Ante, p. 301. HIGHER EDUCATION
For carrying out titles III; VI, parts A and B; VIII; IX, parts B, D,
and E; title X; and sections 417, 420, and 734 of the Higher Educa­
tion Act, and section 515(d) of the Omnibus Budget Reconciliation
Act of 1981 (20 U.S.C. 1221e-lb(2)); and section 102(b)(6) of the
Mutual Educational and Cultural Exchange Act of 1961,
$403,366,000: Provided, That $24,500,000 made available for interest
subsidy grants under section 734 of the Higher Education Act shall
remain available until expended: Provided further, That sections
922(b)(2) and 922(eX2) and the funding limitations set forth in section
922(e) of the Higher Education Act shall not apply to funds in this
Act: Provided further. That such sums as may be necessary shall be
made available to compensate private debt collection agencies under
contract with the Secretary, as provided for in the Debt Collection
Act of 1982 (Public Law 97-365), from amounts collected by these
private agencies on loans defaulted under section 406 of the Omni­
bus Crime Control and Safe Streets Act of 1968 (Public Law 90-351)
and under the Migration and Refugee Assistance Act of 1962 (Public
Law 87-510): Provided further. That not less than $45,741,000 of
funds appropriated for title III of the Higher Education Act shall be
available only to historically black colleges and universities: Pro­
vided further, That authority is hereby provided to enable the
Secretary of Education to expend funds appropriated in Public Law
98-63 in accordance with the directives expressed on page 53 of
House Report 98-398 accompanying H.R. 3069 making supplemental
appropriations for the fiscal year ending September 30, 1983. For
providing financial assistance to the Maureen and Mike Mansfield
Foundation, $5,000,000.
HIGHER EDUCATION FACIUTIES LOANS AND INSURANCE
For the payment of principal and interest on participation certifi­
cates as authorized by the Department of Health, Education, and
81 Stat. 386. Welfare Appropriation Act, 1968, issued by the Government Na­
tional Mortgage Association as trustee on the behalf of the Depart­
ment of Education pursuant to the Federal National Mortgage
Association Act (12 U.S.C. 1717(c)), and for the payment of interest
expenses to the Department of the Treasury as required by title VII,
20 use ii32d-2. section 733(b)(2) of the Higher Education Act, $19,846,000 to remain
available until expended. The Secretary is hereby authorized to
make such expenditures, within the limits of funds available under
this heading and in accord with law, and to make such contracts and
commitments without regard to fiscal year limitation as provided by
section 104 of the Government Corporation Control Act (31 U.S.C.
9104) as may be necessary in carrying out the program set forth in
the budget for the current fiscal year. During fiscal year 1984, no
new commitments for loans may be made from this account. PUBLIC LAW 98-139—OCT. 31, 1983 97 STAT. 893
COLLEGE HOUSING LOANS
The aggregate amount of commitments for loans made from the
fund established pursuant to title IV of the Housing Act of 1950, as
amended (12 U.S.C. 1749), for the fiscal year 1984 shall not exceed
the total of loan repayments and other income available during such
period, less operating costs. Payments of insufficiencies in fiscal year
1984 as may be required by the Government National Mortgage
Association, as trustee, on account of outstanding beneficial inter­
ests or participations issued pursuant to section 302(c) of the Federal
National Mortgage Association Charter Act, as amended (12 U.S.C.
1717) shall be made from the fund established pursuant to title IV of
the Housing Act of 1950, as amended (12 U.S.C. 1749) using loan
repayments and other income available during fiscal year 1984.
During fiscal year 1984 and within the resources and authority
available, gross commitments for the principal amount of direct
loans shall be $40,000,000.
EDUCATIONAL RESEARCH AND STATISTICS
For necessary expenses to carry out sections 405 and 406 of the
General Education Provisions Act, as amended, $56,978,000: Pro- 20 use I22ie,
vided. That none of the funds appropriated in this Act shall be used ^^^^^ ^^
to conduct a re-competition of regional educational laboratories and
research and development centers.
EDUCATION AND RESEARCH OVERSEAS (SPECIAL FOREIGN CURRENCY
PROGRAM)
For payments in foreign currencies which the Treasury Depart­
ment determines to be in excess of the normal requirements of the
United States, for necessary expenses of the Department of Educa­
tion, as authorized by law, $1,133,000, to remain available until
expended.
LIBRARIES
For carrying out, to the extent not otherwise provided, titles I and
III of the Library Services and Construction Act (20 U.S.C, ch. 16); 20 USC 352,
title II, part B except section 224, and part C of the Higher Educa- ^^^^' ^^^ ^^«^9-
tion Act, notwithstanding the provisions of section 221, $86,880,000. 20^USC^1031,
SPECIAL INSTITUTIONS
AMERICAN PRINTING HOUSE FOR THE BLIND
For carrying out the Act of March 3, 1879, as amended (20 U.S.C.
101-105), $5,000,000. 20 use 101,102,
104.
NATIONAL TECHNICAL INSTITUTE FOR THE DEAF
For carrying out the National Technical Institute for the Deaf Act
(20 U.S.C. 681 et seq.), $26,300,000. 97 STAT. 894 PUBLIC LAW 98-139—OCT. 31, 1983
GALLAUDET COLLEGE
For carrying out the Model Secondary School for the Deaf Act (80
Stat. 1027) and for the partial support of Gallaudet College author­
ized by the Act of June 18,1954 (68 Stat. 265), $52,000,000.
HOWARD UNIVERSITY
For partial support of Howard University, $145,200,000. If re­
quested by the university, construction financed by prior year appro­
priations to this account shall be supervised by the General Services
Administration.
DEPARTMENTAL MANAGEMENT
20 use 3401
note.
20 use 3413. SALARIES AND EXPENSES
For carrying out, to the extent not otherwise provided, the Depart­
ment of Education Organization Act, including rental of conference
rooms in the District of Columbia and hire of three medium sedans,
$230,000,000.
OFFICE FOR CIVIL RIGHTS
For expenses necessary for the Office for Civil Rights, as author­
ized by section 203 of the Department of Education Organization
Act, $49,396,000.
20 use 3422.
State agencies,
grants-in-aid.
Audit.
Forced busing,
prohibited
funding.
42 use 2000c. 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 Organiza­
tion Act, $12,989,000.
GENERAL PROVISIONS
SEC. 301. None of the funds appropriated by this title for grants-in-
aid of State agencies to cover, in whole or in part, the cost of
operation of said agencies, including the salaries and expenses of
officers and employees of said agencies, shall be withheld from the
said agencies of any State which have established by legislative
enactment and have in operation a merit system and classification
and compensation plan covering the selection, tenure in office, and
compensation of their employees, because of any disapproval of their
personnel or the manner of their selection by the agencies of the
said States, or thfe rates of pay of said officers or employees.
SEC. 302. Funds appropriated in this Act to the American Printing
House for the Blind, Howard University, the National Technical
Institute for the Deaf, and Gallaudet College shall be subject to
audit by the Secretary of Education.
SEC. 303. None of the funds provided herein shall be used to pay
any recipient of a grant for the conduct of research an amount equal
to as much as the entire cost of such research.
SEC. 304. No part of the funds contained in this title may be used
to force any school or school district which is desegregated as that
term is defined in title IV of the Civil Rights Act of 1964, Public Law
88-352, to take any action to force the busing of students; to force on
account of race, creed or color the abolishment of any school so PUBLIC LAW 98-139—OCT. 31, 1983 97 STAT. 895
desegregated; or to force the transfer or assignment of any student
attending any elementary or secondary school so desegregated to or
from a particular school over the protest of his or her parents or
parent.
SEC. 305. (a) No part of the funds contained in this title shall be
used to force any school or school district which is desegregated as
that term is defined in title IV of the Civil Rights Act of 1964, Public
Law 88-352, to take any action to force the busing of students; to
require the abolishment of any school so desegregated; or to force on
account of race, creed or color the transfer of students to or from a
particular school so desegregated as a condition precedent to obtain­
ing Federal funds otherwise available to any State, school district or
school.
(b) No funds appropriated in this Act may be used for the trans­
portation 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 tx) carry out a plan of racial desegregation of any school or
school system.
SEC. 306. None of the funds contained in this Act shall be used to
require, directly or indirectly, the transportation of any student to a
school other than the school which is nearest the student's home,
except for a student requiring special education, to the school
offering such special education, in order to comply with title VI of
the Civil Rights Act of 1964. For the purpose of this section an
indirect requirement of transportation of students includes the
transportation of students to carry out a plan involving the reorga­
nization of the grade structure of schools, the pairing of schools, or
the clustering of schools, or any combination of grade restructuring,
pairing or clustering. The prohibition described in this section does
not include the establishment of magnet schools.
SEC. 307. No funds appropriated under this Act may be used to
prevent the implementation of programs of voluntary prayer and
meditation in the public schools.
SEC. 308. Section 402(c) of the Housing Act of 1950 is amended—
(1) by striking out "and" at the end of clause (8);
(2) by redesignating clause (9) as clause (10); and
(3) by inserting after clause (8) the following:
"(9) for the prepayment in full of a loan under this title,
provide a discount in an amount determined by the Secretary to
be in the best financial interests of the Government, taking into
account the yield on outstanding marketable obligations of the
United States having maturities comparable to the remaining
term of such loan, if (A) the prepayment is made from non­
federal sources, (B) the Secretary has received satisfactory as­
surances that the housing or other educational facilities fi­
nanced with the loan will continue to be used for purposes
related to the educational institution for the original term of
the loan, (C) the prepayment is made prior to October 1, 1984;
and".
SEC. 309. No funds appropriated in any Act to the Department of
Education for fiscal years 1983 and 1984 shall be withheld from
distribution to grantees because of the provisions of the order
entered by the United States District Court for Northern District of
Illinois on June 30, 1983: Provided, That the court's decree entered
on September 24,1980, shall remain in full force and effect. Busing, Federal
funds.
42 use 2000c.
Student
transportation to
schools outside
home area.
42 use 2000d.
Voluntary
school prayer
and meditation.
12 use 1749a. 97 STAT. 896 PUBLIC LAW 98-139—OCT. 31, 1983
Short title. This title may be cited as the "Department of Education Appropri­
ation Act, 1984".
TITLE IV—RELATED AGENCIES
CORPORATION FOR PUBLIC BROADCASTING
PUBUC BROADCASTING FUND
For payment to the Corporation for Public Broadcasting, as au-
47 use 609 note, thorized by the Public Broadcasting Amendments Act of 1981, an
amount which shall be available within limitations specified by said
Act, for the fiscal year 1986, $180,000,000: Provided, That no funds
made available to the Corporation for Public Broadcasting by this
Act shall be used to pay for receptions, parties and similar forms of
entertainment for government officials or employees: Provided fur­
ther. That none of the funds contained in this paragraph shall be
available or used to aid or support any program or activity exclud­
ing from participation in, denying the benefits of, or discriminating
against any person on the basis of race, color, national origin,
religion or sex.
FEDERAL MEDIATION AND CONCIUATION SERVICE
SALARIES AND EXPENSES
For expenses necessary for the Federal Mediation and Concilia­
tion Service to carry out the functions vested in it by the Labor
Management Relations Act, 1947 (29 U.S.C. 171-180, 182), including
expenses of the Labor Management Panel and boards of inquiry
appointed by the President, hire of passenger motor vehicles, and
rental of conference rooms in the District of Columbia; and for
29 use 152,158, expenses necessary pursuant to Public Law 93-360 for mandatory
iote^^^^^ mediation in health care industry negotiation disputes and for
convening factfinding boards of inquiry appointed by the Director in
the health care industry; and for expenses necessary for the Labor-
29 use 175a Management Cooperation Act of 1978 (29 U.S.C. 125a); and for
and note. 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.
5 use 7101 et Chapter 71), $23,161,000. seq.
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.), $3,858,000.
NATIONAL COMMISSION ON LIBRARIES AND INFORMATION SCIENCE
SALARIES AND EXPENSES
For necessary expenses of the National Commission on Libraries
and Information Science, established by the Act of July 20, 1970
20 use 1501 (Public Law 91-345), $674,000.
note. PUBLIC LAW 98-139—OCT. 31, 1983 97 STAT. 897
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,
$133,594,000: 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, 29 use 141.
1938 (29 U.S.C. 203), and including in said definition employees
engaged in the maintenance and operation of ditches, canals, reser­
voirs, and waterways when maintained or operated on a mutual,
nonprofit basis and at leeist 95 per centum of the water stored or
supplied thereby is used for farming purposes.
NATIONAL MEDIATION BOARD
SALARIES AND EXPENSES
For expenses necessary to carry out the provisions of the Railway
Labor Act, as amended (45 U.S.C. 151-188), including emergency
boards appointed by the President, $6,238,000.
OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION
SALARIES AND EXPENSES
For the expenses necessary for the Occupational Safety and
Health Review Commission, $5,982,000.
PROSPECTIVE PAYMENT ASSESSMENT COMMISSION
For expenses necessary to carry out section 601 of Public Law 98-
21, $1,500,000 to be transferred to this appropriation from the Ante, p. 149.
Federal Hospital Insurance and the Federal Supplementary Medical
Insurance Trust Funds to remain available until expended.
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, 45USC23in.
$420,000,000, which shall be credited to the account in 12 approxi­
mately equal amounts on the first day of each month in the fiscal
year.
UMITATION ON ADMINISTRATION
For expenses necessary for the Railroad Retirement Board,
$56,046,000 to be derived from the railroad retirement accounts:
Provided, That such portion of the foregoing amount as may be
necessary shall be available for the payment of personnel compensa-
11-194 O – 85 ~ 30 : QL 3 97 STAT. 898 PUBLIC LAW 98-139—OCT. 31, 1983
tion and benefits for not less than 1,162 full-time-equivalent em­
ployees: Provided further, That $500,000 of the foregoing amount
shall be available only to the extent necessary to process workloads
not anticipated in the budget estimates and after maximum absorp­
tion of the costs of such workloads within the remainder of the
existing limitation has been achieved: Provided further, That not­
withstanding any other provisions in law, no portion of this limita­
tion shall be available for payments of standard level user charges
pursuant to section 210(j) of the Federal Property and Administra­
tive Services Act of 1949, as amended (40 U.S.C. 490(j); 45 U.S.C. 228
45USC^ a-r).
LIMITATION ON RAILROAD UNEMPLOYMENT INSURANCE
ADMINISTRATION FUND 228a-228r.
For further expenses necessary for the Railroad Retirement
Board, for administration of the Railroad Unemployment Insurance
45 use 367. Act, not less than $16,082,000 shall be apportioned for fiscal year
1984 pursuant to section 3679 of the Revised Statutes, as amended
31 use 1511 et (31 U.S.C. 655) from moneys credited to the railroad unemployment
*^9- insurance administration fund, and of this amount $6,659,000 shall
be derived from contributions credited to the railroad unemploy­
ment insurance account and shall be credited to the railroad unem­
ployment insurance administration fund as authorized by section
45 use 361. ll(a)(iv) of the Railroad Unemployment Insurance Act: Provided,
That such portion of the foregoing amount as may be necessary
shall be available for the payment of personnel compensation and
benefits for not less than 416 full-time-equivalent employees.
SOLDIERS' AND AIRMEN'S HOME
OPERATION AND MAINTENANCE
For maintenance and operation of the United States Soldiers' and
Airmen's Home, to be paid from the Soldiers' and Airmen's Home
permanent fund, $30,924,000: Provided, "That this appropriation
shall not be available for the payment of hospitalization of members
of the Home in United States Army hospitals at rates in excess of
those prescribed by the Secretary of the Army upon recommenda­
tion of the Board of Commissioners and the Surgeon General of the
Army.
CAPITAL OUTLAY
For construction and renovation of the physical plant, to be paid
from the Soldiers' and Airmen's Home permanent fund, $4,550,000,
to remain available until expended.
TITLE V—GENERAL PROVISIONS
Consulting SEC. 501. The expenditure of any appropriation under this Act for
contracts ^^^ consulting service through procurement contract, pursuant to 5
U.S.C. 3109, shall be limited to those contracts where such expendi­
tures are a matter of public record and available for public inspec­
tion, except where otherwise provided under existing law, or under
existing Executive order issued pursuant to existing law. PUBLIC LAW 98-139—OCT. 31, 1983 97 STAT. 899
SEC. 502. No part of any appropriation contained in this Act shall
be expended by any executive agency, as referred to in the Office of
Federal Procurement Policy Act (41 U.S.C. 401 et seq.), pursuant to
any obligation for services by contract, unless such executive agency
has awarded and entered into such contract in full compliance with
such Act and regulations promulgated thereunder.
SEC. 503. Appropriations contained in this Act, available for sala­
ries and expenses, shall be available for services as authorized by 5
U.S.C. 3109 but at rates for individuals not to exceed the per diem
rate equivalent to the rate for GS-18.
SEC. 504. Appropriations contained in this Act, available for sala­
ries and expenses, shall be available for uniforms or allowances
therefor as authorized by law (5 U.S.C. 5901-5902).
SEC. 505. Appropriations contained in this Act, available for sala­
ries and expenses, shall be available for expenses of attendance at
meetings which are concerned with the functions or activities for
which the appropriation is made or which will contribute to im­
proved conduct, supervision, or management of those functions or
activities.
SEC. 506. No part of the funds appropriated under this Act shall be
used to provide a loan, guarantee of a loan, a grant, the salary of or
any remuneration whatever to any individual applying for admis­
sion, attending, employed by, teaching at, or doing research at an
institution of higher education who has engaged in conduct on or
after August 1, 1969, which involves the use of (or the assistance to
others in the use of) force or the threat of force or the seizure of
property under the control of an institution of higher education, to
require or prevent the availability of certain curricula, or to prevent
the faculty, administrative officials, or students in such institution
from engaging in their duties or pursuing their studies at such
institution.
SEC. 507. The Secretaries of Labor, Education, and Health and
Human Services are authorized to transfer unexpended balances of
prior appropriations to accounts corresponding to current appropri­
ations provided in this Act: Provided, That such transferred bal­
ances are used for the same purpose, and for the same periods of
time, for which they were originally appropriated.
SEC. 508. 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. 509. 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 prepara­
tion, distribution, or use of any kit, pamphlet, booklet, publication,
radio, television, or film presentation designed to support or defeat
legislation pending before the Congress, except in presentation to
the Congress itself.
No part of any appropriation contained in this Act shall be used to
pay the salary or expenses of any grant or contract recipient, or
agent acting for such recipient, related to any activity designed to
influence legislation or appropriations pending before the Congress.
SEC. 510. The Secretaries of Labor, Education, and Health and
Human Services are each authorized to make available not to
exceed $7,500 from funds available for salaries and expenses under
titles I, II, and III, respectively, for official reception and representa­
tion expenses; the Director of the Federal Mediation and Concilia­
tion Service is authorized to make available for official reception Publicity or
propaganda,
prohibited use of
funds.
Official
reception and
representation
expenses. 97 STAT. 900 PUBLIC LAW 98-139—OCT. 31, 1983
Experimental
programs or
projects
involving human
participants.
Short title. and representation expenses not to exceed $2,500 from the funds
available for "Salaries and expenses, Federal Mediation and Con­
ciliation 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. 511, None of the funds appropriated by this Act shall be used
to pay for any research program or project or any program, project,
or course which is of an experimental nature, or any other activity
involving human participants, which is determined by the Secretary
or a court of competent jurisdiction to present a danger to the
physical, mental, or emotional well-being of a participant or subject
of such program, project, or course, without the written, informed
consent of each participant or subject, or a participant's parents or
legal guardian, if such participant or subject is under eighteen years
of age. The Secretary shall adopt appropriate regulations respecting
this section.
SEC. 512. None of the funds provided in this Act to any depart­
ment or agency may be expended for the transportation of any
officer or employee of such department or agency between his
domicile and his place of employment, with the exception of the
Secretaries of Labor, Health and Human Services, and Education,
who under title 5, United States Code, section 101 are exempted
from such limitations.
This Act may be cited as the "Departments of Labor, Health and
Human Services, and Education, and Related Agencies Appropri­
ation Act, 1984".
Approved October 31, 1983.
LEGISLATIVE HISTORY—H.R. 3913:
HOUSE REPORTS: No. 98-357 (Comm. on Appropriations) and No. 98-422 (Coram, of
SENATE REPORT No. 98-247 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 129 (1983):
Sept. 22, considered and passed House.
Oct. 4, considered and passed Senate, amended.
Oct. 20, House agreed to conference report; concurred in certain Senate
amendments and in others with amendments. Senate agreed to conference
report; concurred in House amendments.