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H.R. 14232 (94th): Departments of Labor and Health, Education, and Welfare Appropriation Act


The text of the bill below is as of Sep 30, 1976 (Passed Congress).


90 STAT. 1418                         PUBLIC LAW 94-439—SEPT. 30, 1976

                     Public Law 94-439
                     94th Congress
                                                         An Act
 Sept. 30, 1976
                     Making appropriations for the Departments of Labor, and Health, Education,
  [H.R. 14232]        and Welfare, and related agencies, for the fiscal year ending September 30,
                      1977, and for other purposes.

                       Be it etiacted hy the Senate and House of Representatives     of the
Departments of       United States of America in Congress assembled^ T h a t the following
Labor and            sums are appropriated, out of any money in the Treasury not otherwise
Health,              appropriated, for the Departments of Labor and Health, Education,
Education, and
Welfare
                     and Welfare, and related agencies, for the fiscal year ending Septem-
Appropriation        ber 30,1977, and for other purposes, n a m e l y :
Act, 1977.
Department of                      TITLE I—DEPARTMENT OF LABOR
Labor
Appropriation                    E M P L O Y M E N T AND T R A I N I N G ADMINISTRATION
Act, 1977.
                                             PROGRAM A D M I N I S T R A T I O N

                       F o r expenses of administering employment and training programs,
                     $69,774,000, together with not to exceed $30,887,000 which may be
                     expended from the Employment Security Administration account in
                     the Unemployment T r u s t F u n d , and of which $5,598,000 shall be for
                     carrying into effect the provisions of 38 U.S.C. 2001-2003.

                                     EMPLOYMENT AND TRAINING ASSISTANCE

                        F o r expenses necessary to carry into effect the Comprehensive
29 u s e 801 note.   Employment and T r a i n i n g Act of 1973, as amended, and sections
                     326 and 328 of the T r a d e Expansion Act of 1962 (19 U.S.C. 1951 and
                     1961) and sections 236, 237, and 238 of the Trade Act of 1974, (19
19 u s e 2296,       U.S.C. 2101) $3,311,830,000, plus reimbursements, to remain available
2297, 2298.          until September 30, 1978: Provided^ T h a t this appropriation shall be
                     available for the purchase and hire of passenger motor vehicles, and
                     for construction, alteration, and repair of buildings and other facili-
                     ties and for the purchase of real property for t r a i n i n g centers as
                     authorized by the Comprehensive E m p l o y m e n t and T r a i n i n g Act of
                     1973, as amended, (29 U.S.C. 801 et seq.).

                            COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS

42 u s e 3056.         T o carrv out title I X of the Older Americans Act, as amended,
42 u s e 3056d.      $90,600,000, of which $75,300,000 shall be for section 906(a) ( 1 ) .

                              FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES

                        F o r payments d u r i n g the current fiscal year of benefits and allow-
                     ances to unemployed Federal employees and ex-servicemen, as author-
5 u s e 8501         ized by title 5, chapter 85 of the United States Code, of t r a d e
et seq.              adjustment benefit payments and allowances, as provided by law (19
                     U.S.C. 1941-1944 and 1952; p a r t I, subchapter B , chapter 2, title I I
19 use 2291.         of t h e T r a d e Act of 1974), and of unemployment assistance as author-
                     ized by title I I of the Emergency Jobs and Unemployment Assistance

PUBLIC LAW 94-439—SEPT. 30, 1976 90 STAT. 1419 Act of 1974, as amended, $860,000,000, together with such amounts 26 USC 3304 as may be necessary to be charged to the subsequent appropriation note, for payments for any period subsequent to Septeniber 15 of the cur- rent year: Provided^ Tliat, in addition, there shall be transferred from the Postal Service Fund to this appropriation such sums as the Sec- retary of Labor determines to be the cost of benefits for ex-Postal Service employees: Provided further, That amounts received during the current fiscal year from the Postal Service or recovered from the States pursuant to 5 U.S.C. 8505(d) shall be available for such pay- ments during the year. GRANTS TO STATES FOR U N E M P L O Y M E N T INSURANCE AND EMPLOYMENT SERA'ICES For grants for activities authorized by the Act of June 6, 1933, as amended (29 U.S.C. 49-49n; 39 U.S.C.'3202(a) (1) ( E ) ) ; Veterans' Employment and Readjustment Act of 1972, as amended (38 U.S.C. 2001-2013); title I I I of the Social Security Act, as amended (42 U.S.C. 501-503); sections 312(e) and (g) of the Comprehensive Employment and Training Act of 1973, as amended; and necessary 29 USC 882. administrative expenses for carrying out 5 U.S.C. 8501-8523,19 U.S.C. 1941-1944, 1952, and chapter 2, title I I , of the Trade Act of 1974, 19 USC 2271 including upon the request of any State, the payment of rental for et seq. space made available to such State in lieu of grants for such purpose, $89,100,000, together with not to exceed $1,412,700,000, Avhich may be expended from the Employment Security Administration account in • the Unemployment Trust Fund and of which $239,800,000 shall be available only to the extent necessary to meet increased costs of administration resulting from changes in a State law or increases in *•' the number of unemployment insurance claims filed and claims paid : '; or increased salary costs resulting from changes in State salary com- pensation plans embracing employees of the State generally over those upon which the State's basic grant was based, which cannot be pro- vided for by normal budgetary adjustments: Provided, That any por- • tion of the funds granted to a State in the current fiscal year and not obligated by the State in that year shall be returned to the Treasury and credited to the account from which derived. ADVANCES TO T H E U N E M P L O Y M E N T TRUST FUND AND OTHER FUNDS For repayable advances to the Unemployment Trust Fund, as authori;^ed by sections 905(d) and 1203 of the Social Security Act, as amended, and for nonrepayable advances to the "Federal unemploy- 42 USC 1105, ment benefits and alloAvances" account, to remain available until 1323. September 30,1978, $5,000,000,000. LABOR-MANAGEMENT SERVICES ADMINISTRATION SALARIES AND EXPENSES For necessary expenses for the Labor-Management Services Administration, $48,319,000.
90 STAT. 1420 PUBLIC LAW 94-439—SEPT. 30, 1976 : ,1; PENSION BENEFIT GUARANTY CORPORATION The Pension Benefit Guaranty Corporation is authorized to make such expenditures within limits of funds and borrowing authority available to such corporation, and in accord with law, and to make such contracts and commitments without regard to fiscal year limita- tions as provided by section 104 of the Government Corporation Con- trol Act, as amended (31 U.S.C. 849), as may be necessary in carrying out the program through September 30, 1977 for such corporation. EMPLOYMENT STANDARDS ADMINISTRATION SALARIES AND EXPENSES For necessary expenses for the Employment Standards Administra- tion, including reimbursement to State, Federal, and local agencies and their employees for inspection services rendered, $92,952,000, together with $250,000 which may be expended from the Special Fund in accordance Avith Sections 39(c) and 44(j) of the Longshoremen's 33 use 939, and Harbor Workers' Compensation Act. 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 IV of the Federal Coal Mine Health 30 use 901. and Safety Act of 1969, as amended, and title V, chapter 81 of the 5 use 8101 United States Code; continuation of benefits as provided for under «^*«9- the head "Civilian War Benefits" in the Federal Security Agency 60 Stat. 679. Appropriation Act, 1947; the Employees' Compensation Commission 57 Stat. 494. Appropriation Act, 1944; and sections 4(c) and 5(f) of the War Claims Act of 1948 (50 U.S.C. App. 2012); and fifty per centum of the additional compensation and benefits required by section 10(h) of the Longshoremen's and Harbor Workers' Compensation Act, as 33 use 910. amended, $317,818,000, together with such amount as may be necessary to be charged to the subsequent year appropriation for the payment I 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 appropria- tion such sums as the Secretary of Labor determines to be the cost of administration for Postal Service employees through September 30, 1977. Whenever the Secretary of Labor finds it will promote the achieve- ment of the above activities, qualified persons may be appointed to conduct hearings thereunder without meeting the requirements for hearing examiners appointed under 5 U.S.C. 3105: Provided, That no person shall hold a hearing in any case with which he has been con- cerned previously in the administration of such activities. OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION ' SALARIES A N D E X P E N S E S For necessary expenses for the Occupational Safety and Health Administration, $130,333,000, of which not to exceed $9,000,000 shall be available for reimbursement to States under section 7(c)(1) of
PUBLIC LAW 94-439—SEPT. 30, 1976 90 STAT. 1421 the Occupational Safety and Health Act of 1970 (29 U.S.C. 656(c)(1)) for the furnishing of consultation services to employers under section 21(c) of such Act (29 U.S.C. 670(c)): 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 under the Occupational Safety and Health Act of 1970 (other tJian serious, will- 29 USC 651 note, ful, or repeated violations under section 17 of the Act) resulting from 29 USC 666. 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 10 or more violations: Provided further^ That none of the funds appropriated under this paragraph shall be obligated or expended to prescribe, issue, administer, or enforce any standard, rule, regulation, or order under the Occupational Safety and Health Act of 1970 which is applicable to any person who is engaged in a farm- ing operation and employs 10 or fewer employees. BUREAU or LABOR STATISTICS SALARIES AND EXPENSES For necessary expenses for the Bureau of Labor Statistics, including advances or reimbursements to State, Federal, and local agencies and their employees for services rendered, $73,018,000, of which $5,614,000 shall be for expenses of revising the Consumer Price Index, including salaries of temporary personnel assigned to this project without regard to competitive civil service requirements. DEPARTMENTAL MANAGEMENT SALARIES AND EXPENSES For necessary expenses for departmental management and $1,393,000 for the President's Committee on Employment of the Handicapped, $49,182,000, together with not to exceed $1,305,000, to be derived from the Employment Security Administration account. Unemployment Trust Fund. 4i<; »w . - SPECIAL FOREIGN CURRENCY PROGRAM For payments in foreign currencies which the Treasury Department determines to be excess to the normal requirements of the United States, for necessary expenses of the Department of Labor, as author- ized by law, $70,000, to remain available until expended: Provided, That this appropriation shall be available, in addition to other appro- priations to such agency for payments in the foregoing currencies. GENERAL PROVISIONS SEC. 101. Appropriations in this Act available for salaries and expenses shall be available for supplies, services, and rental of con- ference space within the District of Columbia, as the Secretary of Labor shall deem necessary for settlement of labor-management disputes. This title may be cited as the "Department of Labor Appropriation Citation of title. Act, 1977".
9 0 STAT. 1422 PUBLIC LAW 9 4 - 4 3 9 - - S E P T . 30, 1976 TITLE II—DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE HEALTH SERVICES ADMINISTRATION" H E A L T H SERVICES F o r carrying out, except as otherwise provided, titles I I I , V, X , X I , and sections 1303, 1304(a) and 1304(b) of t h e P u b l i c H e a l t h 42 u s e 241, Service Act, the Act of A u g u s t 8, 1946 (5 U.S.C. 7901), section 1 of 219, 300, 300b, the Act of J u l y 19, 1963 (42 U.S.C. 253a), section 108 of Public L a w 300e-2, 300e-3. 93-353, and titles V and X I of the Social Security Act, $1,016,021,000, 42 u s e 253b and ^f which $1,200,000 shall be available only for payments to the S t a t e 42*lisr 701 ^^ H a w a i i for care and treatment of persons afflicted with leprosy: 1301 ' Provided^ T h a t any amounts received by t h e Secretary i n connection 42 u s e 300e. with loans and loan guarantees under title X I I I a n d any other p r o p - erty or assets derived by him from his operations respecting such loans and loan guarantees, including any money derived from the sale of assets, shall be available to the Secretary without fiscal year limita- tion for direct loans and loan guarantees, as authorized by said title X I I I , in addition to funds specifically appropriated for t h a t p u r p o s e : Provided further^ T h a t this appropriation shall be available for pay- ment 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, Education, and Welfare, and , for payment, in such amounts and subject to such terms and conditions, of such costs and expenses hereafter incurred by or on behalf of such person's wife or offspring determined by the Secretary to have suffered injury or disease from syphilis contracted from such person: Provided further^ T h a t when the H e a l t h Services Administration operates an employee health program for any Federal department or agency, pay- ment for the estimated cost shall be made by way of reimbursement or in advance to this a p p r o p r i a t i o n : Provided further^ T h a t in addi- tion, $40,121,000 may be transferred to this appropriation as author- 42 u s e 401. ized by section 201(g) (1) of the Social Security Act, from any one or all of the t r u s t funds referred to therein. CENTER FOR DISEASE CONTROL PREVENTIVE HEALTH SERVICES T o carry out, to the extent not otherwise provided, title I I I of t h e 42 u s e 241. Public H e a l t h Service Act, title X V I I of the Public H e a l t h Service Ante, p. 695. Act, the Lead-Based P a i n t Poisoning Prevention Act, the Federal 42 u s e 300u. Coal Mine H e a l t h and Safety Act of 1969, and the Occupational 42 u s e 4801 Safety and H e a l t h Act of 1970; including insurance of official motor ^n^TTSpRoi vehicles in foreign countries; and purchase, hire, maintenance, and 29 u s e 651 note! operation of aircraft, $175,228,000: Provided, T h a t t r a i n i n g of employ- ees of private agencies shall be made subject to reimbursement or advances to this appropriation for the full cost of such training. ' " NATIONAL INSTITUTES OF H E A L T H NATIONAL CANCER INSTITUTE F o r carrying out, to the extent not otherwise provided, title I V of 42 u s e 281. the Public H e a l t h Service Act with respect to cancer, $815,000,000.
PUBLIC LAW 94-439—SEPT. 30, 1976 90 STAT. 1423 NATIONAL HEART, LUNG, AND BLOOD INSTITUTE For expenses, not otherwise provided for, necessary to carry out titles IV and X I of the Public Health Service Act with respect to 42 USC 281, heart, lung, blood vessel, and blood diseases, $396,661,000. 300b. NATIONAL INSTITUTE OF DENTAL RESEARCH For expenses, not otherwise provided for, to carry out title IV of the Public Health Service Act with respect to dental diseases, $55,573,000. NATIONAL INSTITUTE OF ARTHRITIS, METABOLISM, AND DIGESTIVE DISEASES For expenses necessary to carry out title IV of the Public Health Service Act with respect to arthritis, rheumatism, metabolic diseases, and digestive diseases, $209,000,000. NATIONAL INSTITUTE OF NEUROLOGICAL AND COMMUNICATIVE DISORDERS AND STROKE For expenses necessary to carry out, to the extent not otherwise pro- vided, title IV of the Public Health Service Act with respect to neuro- ' ' logical and communicative disorders and stroke, $155,500,000. NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES For expenses, not otherwise provided for, to carry out title IV of the Public Health Service Act with respect to allergy and infectious diseases, $141,000,000. NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES For expenses, not otherwise provided for, necessaiy to carry out title IV of the Public Health Service Act with respect to general medical sciences, $205,000,000. NATIONAL INSTITUTE OF CHILD H E A L T H AND H U M A N DEVELOPMENT To carry out, except as otherwise provided, titles IV and X of the Public Health Service Act with respect to child health and human '^2 USC 300. development, $145,543,000. NATIONAL INSTITUTE ON AGING To carry out, except as otherwise provided, title IV of the Public Health Service Act with respect to aging, $30,000,000. NATIONAL EYE INSTITUTE For expenses necessary to carry out title IV of the Public Health Service Act, with respect to eye diseases and visual disorders, $64,000,000. ,,,>. NATIONAL INSTITUTE OF ENVIRONMENTAL H E A L T H SCIENCES To carry out, except as otherwise provided, sections 301, 311, and 472 of the Public Health Service Act with respect to environmental 42 USC 241, health sciences, $49,141,000. 243, 289/-1.
90 STAT. 1424 PUBUC LAW 94-439—SEPT. 30, 1976 RESEARCH RESOURCES To carry out, except as otherwise provided, sections 301 and 472 of 42 use 241, the Public Health Service Act with respect to research resources and 289/-1. general research support grants, $137,500,000: Provided, That none of these funds shall be used to pay recipients of the general research sup- port grants programs any amount for indirect expenses in connection with such grants. J O H N E . rOGARTY INTERNATIONAL CENTER FOR ADVANCED STUDY I N T H E H E A L T H SCIENCES For the John E. Fogarty International Center for Advanced Study in the Health Sciences, $7,992,000, of which not to exceed $1,400,000 shall be available for payment to the Gorgas Memorial Institute for maintenance and operation of the Gorgas Memorial Laboratory. NATIONAL LIBRARY OF MEDICINE To carry out, to the extent not otherwise provided for, section 301 with respect to health information communications and parts I and J 42 use 289/, of title I I I of the Public Health Service Act, $35,234,000. 280b. BUILDINGS AND FACILITIES For construction of, and acc^uisition of sites and equipment for, facilities of or used by the National Institutes of Health, where not otherwise provided, $67,400,000 to remain available until expended. OFFICE OF T H E DIRECTOR For expenses necessary for the Office of the Director, National Institutes of Health, $16,234,000. Funds advanced to the National Institutes of Health management fund from appropriations in this Act shall be available for the expenses of sharing medical care facilities and resources pursuant to 42 use 254a. Section 328 of the Public Health Service Act and for the purchase of not to exceed thirteen passenger motor vehicles for replacement only. , ALCOHOL, DRUG ABUSE, AND MENTAL HEALTH ADMINISTRATION ALCOHOL, DRUG ABUSE, AND MENTAL HEALTH For carrying out the Public Health Service Act with respect to mental health, and except as otherwise provided, parts A, B, and D of the Communitv Mental Health Centers Act (42 U.S.C. 2681, et seq.), the Comprehensive Alcohol Abuse and Alcoholism Prevention, 42 use 4551 Treatment, and Rehabilitation Act of 1970, as amended, the Narcotic note. Addict Rehabilitation Act of 1966, and the Drug Abuse Office and 42 use 3401 Treatment Aotof 1972, $763,141,000. note. 21 u s e 1101 SAINT ELIZABETHS HOSPITAL note. For expenses necessary for the maintenance and operation of the hospital, including clothing for patients, and cooperation with organi- zations or individuals in the scientific research into the nature, causes, ;. . prevention, and treatment of mental illness, $60,464,000, or such J1,;. amounts as may be necessary to provide a total appropriation equal
PUBLIC LAW 94-439—SEPT. 30, 1976 90 STAT. 1425 to the difference between the amount of the reimbursements received during the current fiscal year on account of patient care provided by the hospital during such year and $84,244,000. HEALTH RESOURCES ADMINISTRATION HEALTH RESOURCES' For carrying out, to the extent not otherwise provided, titles I I I , V I I I , and X V and section 472 of the Public Health Service Act, 42 USC 241, section 1122 of the Social Security Act and section 222 of the Social 296, 300k-l, Security Amendments of 1972, $359,008,000 of which $9,000,000 shall 289Z-1. remain available until expended for carrying out section 305(b) (3) toon S of the Public Health Service Act, without regard to the requirements ^^ usc ISQSf of section 308 of said Act. ^^jg 42 USC 242c. MEDICAL FACILITIES GUARANTEE AND LOAN FUND 4 2 USC 242f. For carrying out title XVI of the Public Health Service Act, 42 USC 300o. $31,000,000 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 $1,750,000,000. 42 USC 291. PAYMENT OF SALES INSUFFICIENCIES AND INTEREST LOSSES For the payment of such insufficiencies as may be required by the trustee on account of outstanding beneficial interest or participations in the Health Professions Education Fund assets or Nurse Training Fund assets, authorized by the Department of Health, Education, and Wel- fare Appropriation Act, 1968, to be issued pursuant to section 302(c) 81 Stat. 390. of the Federal National Mortgage Association Charter Act, $164,000, 12 USC 1717. and for payment of amounts pursuant to section 744(b) or 827(b) of the Public Health Service Act to schools which borrow any sums 42 USC 294d, from the Health Professions Education Fund or Nurse Training 297f. Fund, $3,836,000: Provided^ That the amounts appropriated herein shall remain available until expended. H E A L T H EDUCATION LOANS The Secretary is hereby authorized to make such expenditures, within the limits of funds available in the Health Professions Educa- tion Fund and the Nurse Training Fund, 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, as amended, as may be necessary in carrying out the pro- 31 USC 849. grams set forth in the budget for the current fiscal year. ASSISTANT SECRETARY FOR HEALTH SALARIES AND EXPENSES For expenses necessary for the Office of the Assistant Secretary for Health, $22,316,000.
90 STAT. 1426 PUBLIC LAW 94-439—SEPT. 30, 1976 RETIREMENT PAY AND MEDICAL BENEFITS FOR COMMISSIONED OFFICERS For retired pay of commissioned officers, as authorized by law, and for payments under the Retired Serviceman's Family Protection Plan; Survivor Benefit Plan and payments for medical care of dependents and retired personnel under the Dependents' Medical Care Act (10 10 use 1071 U.S.C, ch. 55), such amount as may be required during the current etseq. fiscal year. SCIENTIFIC ACTIVITIES OVERSEAS (SPECIAL FOREIGN CURRENCY PROGRAM) For payments in foreign currencies which the Treasury Department determines to be excess to the normal requirements of the United States, for necessary expenses for conducting scientific activities over- seas, as authorized by law, $1,500,000, to remain available until expended: Provided, That this appropriation shall be available in addition to other appropriations for such activities, for payments in the foregoing currencies. EDUCATION DIVISION OFFICE OF EDUCATION H;i '-> lit ELEMENTARY AND SECONDARY E D U C A T I O N For carrying out, to the extent not otherwise provided, title I, part A ($2,258,981,000), title I, part B ($24,769,000), title IV, part C ($184,522,000), title V I I ($115,000,000), and title I X of the Elemen- 20 use 241c, tary and Secondary Education Act; title VII of the Education Amend- 241d, 1831, ments of 1974; the Environmental Education Act ($3,500,000); section 880b. 417(a) (2) of the General Education Provisions Act; the Communica- 20use 1901;20 ^ions Act of 1934, as amended; section 842 of Public Law 93-380; 90 TT«5r 199fi*^' the Alcohol and Drug Abuse Education Act; part B of the Headstart- 47 use 151 20 Follow Through Act ($59,000,000); and Public Law 92-506 as use 246. ' amended, $2,703,572,000 of which $10,500,000 shall remain available 21 use 1001 until September 30, 1978, for carrying out section 842 of Public Law note. 93-380 and $15,000,000 for educational broadcasting facilities shall 42 use 2929. remain available until expended, including $1,000,000 for carrying out 86 Stat. 907. section 392A of the Communications Act of 1934, as amended: Pro- A7 n l r qQ9 vided, That of the amounts appropriated above the following amounts 47 use 392a. shall become available for obligation on July 1,1977, and shall remain available until September 30, 1978: title I, part A ($2,258,981,000), title I, part B ($24,769,000), title IV, part C ($184,522,000) of the Elementary and Secondary Education Act and section 417(a)(2) of the General Education Provisions Act ($1,250,000) : Provided further, 89 Stat. 468. That amounts appropriated in Public Law 94—94 for carrying out title 20 use 241a. I of the Elementary and Secondary Education Act in the fiscal year 1977 shall be available for carrying out section 822 of Public Law 93- 20 use 241c 380. For carrying out title IV of the Elementary and Secondary Edu- note. cation Act an additional $9,478,000 for fiscal year 1978: Provided, That 20 use 1801. none of such funds may be paid to anj^ State for which the allocation for fiscal year 1978 exceeds the allocation for comparable purposes for fiscal year 1977. SCHOOL ASSISTANCE I N FEDERALLY AFFECTED AREAS For carrying out title I of the Act of September 30, 1950, as 20 use 236 amended (20 U.S.C, ch. 13), $768,000,000 of which $52,500,000 shall et seq. be for payments under section 6, and $715,500,000 shall be for pay- 20 use 241.
PUBLIC LAW 94-439—SEPT. 30, 1976 90 STAT. 1427 merits under sections 2, 3, and 4 in accordance with subsection 5(c) (1) and (2) of said Act and for payments under subparagraphs (A), (B), 20 use 237, (C), and (D) of section 305 of the Education Amendments of 1974. 238, 239, 240. For carrying out the Act of September 23, 1950, as amended (20 20 use 238. U.S.C., ch. 19), $25,000,000, which shall remain available until 20 use 631 et seq. expended, shall be for providing school facilities as authorized by said Act of September 23, 1950: Provided^ That, with the exception of up to $6,000,000 for repairs for facilities constructed under section 10, 20 use 640. 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 amounts payable under section 5 and subsections 14(a) and 14(b) : Provided 20 use 635, further. That, of the funds provided herein for carrying out the Act 644. of September 23, 1950, no more than $8,000,000 may be used to fund section 5 of said Act: Provided further^ That, notwithstanding section 421A(c) (2) (A) of the General Education Provisions Act, the Com- 20 use 1231. missioner of Education is authorized to approve applications for funds to increase school facilities in communities located near the Trident Support Site, Bangor, Washington, on such terms and con- ditions as he may reasonably require without regard to any provision in law. EMERGENCY SCHOOL AID For carrying out title IV of the Civil Rights Act of 1964 and the 42 use 2000c Emergency School Aid Act, $274,700,000, of which $35,750,000 shall et seq. be for section 708(a) and $137,600,000 shall be for section 706(a) of 20 use 1601 the Emergency School Aid Act. note. 20 use 1607, 1605. EDUCATION FOR T H E HANDICAPPED For carrying out, to the extent not otherwise provided, the Educa- tion of the Handicapped Act, as amended by Public Law 94-142, 20 use 1401 except for sections 607 and 618 $467,625,000: Provided, That of this note. amount, $315,000,000 for part B and $12,500,000 for section 619 shall 20 use 1406, become available for obligation on July 1, 1977, and shall remain 1418. 20 use 1419. available until September 30,1978: Provided, That the appropriations for "Education for the handicapped" contained in title I, chapter VI of Public Law 94-303 (Second Supplemental Appropriations Act, 1976) is amended by adding at the end thereof ", to remain available Ante, p. 611 until September 30, 1977": Provided further. That funds contained in this title for "Special benefits for disabled coal miners" shall remain available for benefit payments from July 1, 1976 through Septem- ber 30, 1977. OCCUPATIONAL, VOCATIONAL, AND ADULT EDUCATION For carrying out, to the extent not otherwise provided, parts B and C ($844,000,000) and section 104(b) of the Vocational Education Act of 1963, as amended (20 U.S.C. 1241-1391), and the Adult Educa- cation Act of 1966, $932,053,000, including not to exceed $31,500,000 20 USe 1201 for research and training under part C of said 1963 Act: Provided, note. That of the amounts appropriated above the following amounts shall 20 USe 1281. become available for obligation on July 1, 1977, and shall remain available until September 30, 1978: part B ($475,000,000), part C ($18,000,000) and section 104(b) ($4,316,000) of the Vocational Edu- cation Act of 1963 and $80,500,000 for the Adult Education Act. 20 USe 1244.
90 STAT. 1428 PUBLIC LAW 94-439—SEPT. 30, 1976 f. . f H I G H E R EDUCATION For carrying out, to the extent not otherwise provided, title IV 20 use 1061, and section 966 of the Higher Education Act, the Emergency Insured 1134r-l. Student Loan Act of 1969, the Mutual Educational and Cultural 20 use 1078a Exchange Act of 1961, and section 22 of the Act of June 29, 1935, as 22 mc 24^1 amended (7 U.S.C. 329), $352,170,000, of which $325,000,000 for sub- , note. sidies J on1 guaranteed student loans shall remain available until expended. LIBRARY RESOURCES -;. For carrying out, to the extent not otherwise provided, titles I ($56,900,000) and I I I ($3,337,000) of the Library Services and Con- 20 use 352, struction Act (20 U.S.C, ch. 16); and title IV, part B ($154,330,000) 355e. of the Elementary and Secondary Education Act, $214,567,000: Pro- 20 use 1821. vided, That the amount appropriated above for title IV, part B of the Elementary and Secondary Education Act shall become available for obligation on July 1, 1977, and shall remain available until Sep- tember 30,1978. SPECIAL PROJECTS A N D TRAINING 20 use 1851 For carrying out the Special Projects Act (Public Law 93-380) and note. section 422(a) of the General Education Provisions Act, $47,493,000. 20 use 1231a. EDUCATIONAL ACTIVITIES OVERSEAS (SPECIAL FOREIGN CURENCY ;, <! PROGRAM) For payments in foreign currencies which the Treasury Department determines to be in excess to the normal requirements of the United States, for necessary expenses of the Office of Education, as authorized by law, $2,000,000, to remain available until expended: Provided, That ,,,., this appropriation shall be available, in addition to other appropria- tions to such office, for payments in the foregoing currencies. SALARIES AND EXPENSES For carrying out, to the extent not otherAvise provided, the General 20 use 1221 Education Provisions Act, and the Education Amendments of 1974, note. including rental of conference rooms in the District of Columbia, 20 use 821 note. $115,784,000. H I G H E R EDUCATION FACILITIES LOAN AND INSURANCE F U N D For the payment of such insufficiencies as may be required by the trustee on account of outstanding beneficial interest or participations in assets of the Office of Education authorized by the Department 81 Stat. 390. of Health, Education, and Welfare Appropriation Act, 1968, to be issued pursuant to section 302(c) of the Federal National Mortgage Association Charter Act (12 U.S.C. 1717(c)), $2,119,000, to remain available until expended, and the Secretary is hereby authorized to ' •• make such expenditures, within the limits of funds available in the Higher Education Facilities Loan and Insurance Fund, 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. 849) as may be necessary in carrying out the program set forth in the budget for the current fiscal "^^' '"*•• year for such fund.
PUBLIC LAW 94-439—SEPT. 30, 1976 90 STAT. 1429 OFFICE OF THE ASSISTANT SECRETARY FOR EDUCATION SALARIES AND EXPENSES For necessary expenses to carry out sections 402 and 406 of the General Education Provisions Act, $20,446,000, of which not to exceed 20 USC 1221b, $1,500 may be for official reception and representation expenses. 1221e-l. SOCIAL AND KEHABIUTATION SERVICE PUBLIC ASSISTANCE For carrying out, except as otherwise provided, titles I, IV, X, X I , XIV, XVI, X I X , and X X of the Social Security Act, and the 42 USC 301, Act of July 5, 1960 (24 U.S.C., ch. 9) $18,040,850,000, of which 601,1201,1301, $56,500,000 shall be for child welfare services under part B of title IV. }351, 1381, For making, after June 30 of the current fiscal year, payments to H rrcr QJ; States under titles I, IV, X, XIV, XVI, X I X and X X , respectively, ^^^^^^ "^^^ of the Social Security Act, for the last three months of the current 4,2 USC 620. fiscal year (except with respect to activities included in the appro- priation for "Work incentives"); and for making after July 31 of the current fiscal year, payments for the first quarter of the succeed- ing fiscal year; such sums as may be necessary, the obligations incurred and the expenditures made thereunder for payments under each of such titles to be charged to the subsequent appropriations therefor for the current or succeeding fiscal year. In the administration of titles I, IV (other than part C thereof), X, XIV, XVI, X I X , and XX, respectively, of the Social Security Act, payments to a State under any such titles for any quarter in the period beginning July 1, 1976, and ending September 30, 1977 may be made with respect to a State plan approved under such title prior to or dur- ing such period, but no such payment shall be made with respect to any plan for any quarter prior to the quarter in which a subsequently approved plan was submitted. Such amounts as may be necessary from this appropriation shall be available for grants to States for any period in fiscal year 1976 and the period July 1, 1976 through September 30, 1976 subsequent to March 31, 1976. WORK INCENTIVES For carrying out a work incentives program, as authorized by part C of title IV of the Social Security Act, including registration of indi- 42 USC 630. viduals for such program, and for related child care and other sup- portive services, as authorized by section 402(a) (19) (G) of the Act, 42 USC 602. including transfer to the Secretary of Labor, as authorized by section 431 of the Act, $370,000,000, which shall be the maximum amount 42 USC 631. 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 42 USC 603. purposes. PROGRAM ADMINISTRATION • For expenses necessary for the administration of public assistance programs, $62,895,000.
90 STAT. 1430 PUBLIC LAW 9 4 - 4 3 9 — S E P T . 30, 1976 SOCIAL SECURITY ADMINISTRATION PAYMENTS TO SOCIAL SECURITY TRUST FUNDS F o r payment to the Federal Old-Age and Survivors Insurance, the Federal Disability Insurance, the Federal Hospital Insurance, and the Federal Supplementary Medical Insurance Trust F u n d s , as provided under sections 217 ( g ) , 228 ( g ) , 229 ( b ) , and 1844 of the Social Security 42 u s e 417, Act, and sections 103(c) and 111(d) of the Social Security Amend- 428, 429, ments of 1965, $6,713,902,000. 1395w. 42 u s e 426a, SPECIAL BENEFITS FOR DISABLED COAL M I N E R S 1395i-l. F o r carrying out title I V of the Federal Coal Mine H e a l t h and 30 u s e 901. Safety Act of 1969, as amended, including the payment of travel expenses either on an actual 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, P u e r t o Rico, and the Virgin Islands, to reconsidera- tion interviews and to proceedings before administrative law judges, $913,897,000: Provided, T h a t after J u l y 31, such amounts for benefit payments as may be necessary may be charged to t h e subsequent year appropriation. Whenever the Commissioner of Social Security finds it will pro- mote the achievement of the provisions of title I V of the Federal Coal Mine H e a l t h and Safety Act of 1939, as amended, qualified per- sons may be appointed to conduct hearings thereunder without meet- ing the requirements for administrative law judges appointed under 5 U.S.C. 3105, but such appointments shall terminate not later than March 31, 1978: Provided, T h a t no person shall hold a he a ring in any case with which he has been concerned previously in the administra- tion of such title. SUPPLEMENTAL SECURITY INCOME PROGRAM F o r carrying out the Supplemental Security Income p r o g r a m under 42 u s e 1381. title X V I of the Social Security Act, section 401 of Public L a w 42 u s e 1382e 92-603, and section 212 of Public L a w 93-66, including payment to note. the social security trust funds for administrative expenses incurred 87 Stat. 155. pursuant to section 2 0 1 ( g ) ( 1 ) of the Social Security Act, 42 u s e 401. $5,895,122,000: Provided, T h a t for carrying out these activities after J u l y 31, such sums as may be necessary shall be available, the obliga- tions and expenditures therefor to be charged to the appropriation for the succeeding fiscal year. , ,^ . LIMITATION ON SALARIES AND EXPENSES F o r necessary expenses, not more t h a n $2,561,773,000 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 t h e r e i n : Pro- 42 u s e 421 note, vided, T h a t such amounts as are required shall be available to pay travel expenses either on an actual cost or commuted basis, to an indi- vidual for travel incident to medical examinations, and to parties, their representatives and all reasonably necessary witnesses for travel within the United States, P u e r t o Rico, and the Virgin Islands to reconsideration interviews and to proceedings before administrative law judges under titles I I , X V I , and X V I I I of the Social Security 42 u s e 401, A c t : Provided further, T h a t $25,000,000 of the foregoing amount shall 1381, 1395. be apportioned for use p u r s u a n t to section 3679 of the Revised Statutes
PUBLIC LAW 94-439—SEPT. 30, 1976 90 STAT. 1431 (31 U.S.C. 665), only to the extent necessary to process workloads not anticipated in the budget estimates and to meet mandatory increases in costs of agencies or organizations with which agreements have been made to participate in the administration of titles X V I and X V I I I and section 221 of title I I of the Social Security Act, and after maxi- 42 USC 1381, mum absorption of such costs within the remainder of the existing 1395, 421. limitation has been achieved: Provided further, That such amounts as may be required may be expended for administration within the United States of the social insurance program of the United Kingdom, under terms of an agreement wherein similar services will be provided by the United Kingdom in that country for administration of the social insurance program of the United States. LIMITATION ON CONSTRUCTION For acquisition of sites, construction and equipment of facilities and for payments of principal, interest, taxes, and any other obligations under contracts entered into pursuant to the Public Buildings Pur- chase Contract Act of 1954 and the Public Buildings Amendments of 40 USC 356 note. 1972, $14,400,000, to be expended as authorized by section 201(g) (1) 40 USC 603 note, of the Social Security Act, from any one or all of the trust funds 42 USC 401. referred to therein, and to remain available until expended. SPECIAL INSTITUTIONS AMERICAN P R I N T I N G HOUSE FOR T H E BLIND For carrying out the Act of March 3, 1879, as amended (20 U.S.C. 101-105), $3,012,000. NATIONAL TECHNICAL INSTITUTE FOR T H E DEAF For carrying out the National Technical Institute for the Deaf Act (20 U.S.C. 681, et seq.), $12,675,000. GALLAUDET COLLEGE For carrying out the Model Secondary School for the Deaf Act (80 Stat. 1027) and for the partial support of Gallaudet College D.C. Code authorized by the Act of June 18, 1954 (68 Stat. 265), $40,840,000 of 31-1051 note, which $15,575,000 shall be for construction and shall remain avail- ^•^- Code able until expended: Provided, That if requested by the college, 31-1025 note, such construction shall be supervised by the General Services Administration. HOWARD UNIVERSITY For the partial support of Howard University, $82,409,000, of which $2,500,000 shall be for construction and shall remain avail- able until expended: Provided, That if requested by the university, such construction shall be supervised by the General Services Administration. ASSISTANT SECRETARY FOR HUMAN DEVELOPMENT HUMAN DEVELOPMENT For carrying out, except as otherwise provided, section 426 of the Social Security Act, the Act of April 9, 1912 (42 U.S.C. 191), the 42 USC 626. Older Americans Act of 1965, as amended, the Child Abuse Preven- 42 USC 3001 note.
90 STAT. 1432 PUBLIC LAW 94-439—SEPT. 30, 1976 42 u s e 5101 tion and Treatment Act, the Runaway Youth Act, the Community note; 42 USC Services Act of 1974, sections 106, 107 and 306 of the Comprehensive 5701 note. Employment and T r a i n i n g Act of 1973, the Rehabilitation Act of 42 USC 2701 1973, as amended, the International H e a l t h Research Act of 1960, note. 29 USC 816, the Developmental Disabilities Services and Facilities Construction 817, 875. Act, as amended, and the W h i t e House Conference on Handicapped 29 USC 701 note; Individuals Act, $1,896,023,000, of which $740,000,000 shall be for 22 USC 2101 activities under section 110(a) of the Rehabilitation Act of 1973; note. $309,000 shall be for section 110(b) of such A c t ; and $30,058,000 shall 42 USC 2661 be for g r a n t s under p a r t C of the Developmental Disabilities Services note. and Facilities Construction Act, as amended, together with not to 29 USC 701 note. exceed $600,000 to be transferred from the Federal Disability Insur- 29 USC 730. ance T r u s t F u n d and the Federal Old-Age and Survivors Insurance Trust F u n d as provided by section 201(g) (1) of the Social Security 42 USC 401. A c t : Provided further^ T h a t the level of operations for the nutrition services for the elderly p r o g r a m shall be $225,000,000 per annum. DEPARTMENTAL MANAGEMENT OFFICE FOR CIVIL RIGHTS F o r expenses necessary for the Office for Civil Rights $29,685,000, together with not to exceed $919,000, to be transferred and expended as authorized by section 201(g) (1) of the Social Security Act from any one or all of the trust funds referred to therein. GENERAL DEPARTMENTAL MANAGEMENT F o r expenses not otherwise provided, necessary for general depart- mental management, including hire of six medium sedans, $89,511,000 together with not to exceed $12,872,000 to be transferred and expended as authorized by section 201(g) (1) of the Social Security Act from any one or all of the trust funds referred to therein. POLICY RESEARCH F o r carrying out, to the extent not otherwise provided, research 42 USC 2825. studies under section 232 of the Community Services Act of 1974 and 42 USC 1310. section 1110 of the Social Security Act, $20,000,000. GENERAL PROVISIONS Withholding of SEC. 201. None of the funds appropriated by this title to the Social funds, restriction. and Rehabilitation Service 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 States 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. Expenditures SEC. 202. F u n d s appropriated in this Act to the American P r i n t i n g subject to audit. House for t h e Blind, H o w a r d University, t h e National Technical Institute for the Deaf, and Gallaudet College shall be awarded to these institutions in the form of lump-sum g r a n t s and expenditures made therefrom shall be subject to audit by the Secretary of Health, Educa- tion, a n d Welfare. .
PUBLIC LAW 9 4 - 4 3 9 — S E P T . 30, 1976 90 STAT. 1433 SEC. 203. None of the funds provided herein shall be used to pay any recipient of a g r a n t for the conduct of a research project an amount equal to as much as the entire cost of such project. SEC. 204. None of the funds contained in this title shall be available Federal positions for additional permanent positions in the Washington area if the total ^^ Washington, authorized positions in the Washington area is allowed to exceed the proportion existing at the close of fiscal year 1966. SEC. 205. Appropriations in this Act for the Health Services Admin- istration, the National Institutes of Health, the Center for Disease Control, the Alcohol, D r u g Abuse, and Mental H e a l t h Administration, the H e a l t h Resources Administration and Departmental Management shall be available for expenses for active commissioned officers in the Public H e a l t h Service Reserve Corps and for not to exceed two thou- sand eight 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 l a w ; expenses of primary and secondary schooling of dependents in foreign countries, of Public H e a l t h Service 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 t h a t 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 depend- ents by regular means of transportation; rental or lease of living quar- ters (for periods not exceeding 5 y e a r s ) , 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 w^ho have a permanent station in a foreign country; purchase, erection, and maintenance of temporary or portable structures; and for the payment of compensation to consultants or individual scientists appointed for limited periods of time pursuant to section 207(f) or section 207(g) of the Public H e a l t h Service Act, at rates established by the Assistant 42 USC 209. 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 G S - 1 8 ; not to exceed $9,500 for official reception and representation 5 USC 5332 note, expenses related to any health agency of the Department when specifi- cally approved by the Assistant Secretary for Health. SEC. 206. No p a r t of the funds contained in this title may be used Forced student to force any school or school district which is desegregated as t h a t busing, term is defined in title I V of the Civil Rights Act of 1964, Public Law 88-352, to take any action to force the busing of students; to 42 USC 2000c. force on account of i-ace, creed, or color the abolishment of any school so desegregated; or to force the transfer or assignment of any student attending any elementary or secondary school so desegregated to or from a particular school over the protest of his or her parents or ' parent. SEC. 207. (a) No p a r t of the funds contained in this title shall be used to force any school or school district which is desegregated as t h a t term is defined in title I V of the Civil Rights Act of 1964, Public L a w 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
90 STAT. 1434 PUBLIC LAW 9 4 - 4 3 9 — S E P T . 30, 1976 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 o r school system, or for the transportation of students or teachers (or for the purchase of equipment for such transportation) in order to carry out a plan of racial desegregation of any school or school system. SEC. 208. 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, and which offers t h e courses of study pursued by such student, in order 42 u s e 2000d. to comply with title V I of the Civil Rights Act of 1964. SEC. 209. None of the funds contained in this Act shall be used to perform abortions except where the life of the mother would be endangered if the fetus were carried to term. TITLE III—RELATED AGENCIES ACTION OPERATING EXPENSES, DOMESTIC PROGRAMS F o r expenses necessary for Action to carry out the pi'ovisions of the 42 u s e 4951 Domestic Volunteer Service Act of 1973, as amended, $108,200,000. note. C O M M U N I T Y SERVICES ADMINISTRATION COMMUNITY SERVICES PROGRAM F o r expenses of the Community Services Administration, $511,170,000. CORPORATION FOR P U B L I C BROADCASTING PUBLIC BROADCASTING FUND F o r payment to the Corporation for Public Broadcasting, as author- 47 u s e 396 note, ized by t h e Public Broadcasting F i n a n c i n g Act of 1975, an amount which shall be available within limitations specified by said Act, for the fiscal year 1977, $103,000,000; for the fiscal year 1978, $107,150,000; • and for the fiscal year 1979, $120,200,000: Provided, T h a t no funds made available to t h e Corporation for Public Broadcasting by this Act shall be used to p a y for receptions, parties and similar forms of entertainment for government officials or employees: Provided fur- tlier. T h a t none of the funds contained in this p a r a g r a p h shall be available or used to aid or support any p r o g r a m or activity excluding from participation in, denying the benefits of, or discriminating against a n y person in t h e United States, on t h e basis of race, color, national origin, religion, or sex. FEDERAL MEDIATION AND CONCILIATION SERVICE SALARIES AND EXPENSES F o r expenses necessary for the Federal Mediation and Conciliation Service t o carry out t h e functions vested in it by the Labor-Manage- ment Relations Act, 1947 (29 U.S.C. 171-180,182), including expenses of t h e Labor-Management Panel and boards of inquiry appointed by
PUBLIC LAW 9 4 - 4 3 9 — S E P T . 30, 1976 90 STAT. 1435 the P r e s i d e n t ; hire of passenger motor vehicles; and rental of confer- ence rooms in the District of Columbia; and for expenses necessary pursuant to Public Law 93-360 for mandatory mediation in health 88 Stat. 395. care industry negotiation disputes, and for convening factfinding boards of inquiry appointed by the Director in the health care indus- try, $20,328,000. NATIONAL COMMISSION OX LIBRARIES AND INFORMATION SCIENCE SALARIES AND EXPENSES F o r necessary expenses of the National Commission on Libraries and Information Science, established by the Act of J u l y 20, 1970 (Public L a w 91-345), $492,575. 20 USC 1501 note. NATIONAL LABOR RELATIONS BOARD SALARIES AND EXPENSES F o r expenses necessary for the National Labor Relations B o a r d to carry out the functions vested in it by the Labor-Management Rela- tions Act, 1947, as amended (29 U.S.C. 141-167), and other laws, " $77,776,000: Provided^ T h a t no p a r t 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 J u l y 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 J u n e 25, 1938 (29 U.S.C. 203), and including in said definition employees engaged in the maintenance and operation of ditches, canals, reservoirs, and waterways when maintained or operated on a mutual, nonprofit basis and at least 95 per centum of the water stored w supplied thereby is used for farming purposes. NATIONAL MEDIATION BOARD S A L A R I E S A N D EXPENSES F o r expenses necessary for carrying out the provisions of the Rail- way Labor Act, as amended (45 U.S.C. 151-188), including emergency boards appointed by the President, $3,606,000. OCCUPATIONAL SAFETY AND H E A L T H REVIEW COMMISSION . . SALARIES A N D EXPENSES F o r expenses necessary for the Occupational Safety and H e a l t h Review Commission, $6,280,000. RAILROAD R E T I R E M E N T BOARD PAYMENTS T O RAILROAD RETIREMENT TRUST F U N D F o r payment to the Railroad Retirement Account, as provided under sections 15(b) and 15(d) of the Railroad Retirement Act of 1974, 45 USC 231n. $250,000,000.
90 STAT. 1436 PUBLIC LAW 94-439—SEPT. 30, 1976 REGION"AL RAIL TRANSPORTATION PROTECTIVE ACCOUNT For payment of benefits under section 509 of the Kegional Eail 45 use 779. Reorganization Act of 1973, to remain available until expended, including not to exceed $100,000 for payment to the Eailroad Retire- ment Board for administrative expenses, $40,000,000. LIMITATION ON SALARIES AND EXPENSES , .- > For expenses necessary for the Railroad Retirement Board, $33,723,000, to be derived from the railroad retirement accounts: Pro- mded^ That $500,000 of the foregoing amount shall be apportioned for use pursuant to section 3679 of the Revised Statutes, as amended (31 i ; U.S.C. 665), only to the extent necessary to process workloads not anticipated in the budget estimates and after maximum absorption of the costs of such workloads within the remainder of the foregoing limitation has been achieved: Provided further^ That notwithstand- ing any other provision in law, no portion of this limitation shall be available for payments of standard level user charges pursuant to section 210(j) of the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 490(j) ; 45 U.S.C. 228a-r). SOLDIERS' AND AIRMEN'S HOME OPERATION AND M A I N l ' E N A N C E 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, $15,373,000: Provided^ That this appropriation shall not be available for the payment of hospitalization of members of the Home in United States Army hospitals at rates in excess of those prescribed by the Secretary of the Army upon recommendation of the Board of Commissioners of the Home and the Surgeon General of the Army. T I T L E IV—GENERAL PROVISIONS Experts and SEC. 401. Appropriations contained in this Act, available for sal- consultants. aries 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 5 u s e 5332 note. rate equivalent to the rate for GS-18. Uniform SEC. 402. Appropriations contained in this Act available for salaries allowances. and expenses shall be available for uniforms or allowances therefor as authorized by law (5 U.S.C. 5901-5902). Meetings. SEC. 403. Appropriations contained in this Act available for salaries 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 improved conduct, supervision, or management of those functions or activities. Funds to campus SEC, 404. No part of the funds appropriated under this Act shall be disrupters, used to provide a loan, guarantee of a loan, a grant, the salary of or prohibition. any remuneration whatever to any individual applying for admission, attending, employed by, teaching at, or doing research at an institu- tion 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 curriculum, or to prevent the faculty, administrative officials, or students in such institution from engaging
PUBLIC LAW 94-439—SEPT. 30, 1976 90 STAT. 1437 in their duties or pursuing their studies at such institution. SEC. 405. The Secretary of Labor and the Secretary of Health, Edu- Transfer of funds, cation, and Welfare are authorized to transfer unexpended balances of prior appropriations to accounts corresponding to current appropri- ations provided in this Act: Provided^ That such transferred balances are used for the same purpose, and for the same periods of time, for which they were originally appropriated. SEC. 406. No part of any appropriation contained in this Act shall Fiscal year remain available for obligation beyond the current fiscal year unless limitation. expressly so provided herein. SEC. 407. No part of any appropriation contained in this Act shall Funds restriction. 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. SEC. 408. The Secretary of Labor and the Secretary of Health, Official Education, and Welfare are each authorized to make available not to receptions. exceed $7,500 from funds available for salaries and expenses under titles I and I I , respectively, for official reception and representation expenses; the Director of the Federal Mediation and Conciliation Serv- ice is authorized to make available for official reception and representa- tion expenses not to exceed $2,500 from funds available for "Salaries and expenses, Federal Mediation and Conciliation Service". SEC. 409. None of the funds appropriated by this Act shall be used Research to pay for any research program or project or any program, project, programs. 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 pro- gram, project, or course, without the written, informed consent of each participant or subject, or his parents or legal guardian, if such partic- ipant or subject is under eighteen years of age. The Secretary shall Regulations, adopt appropriate regulations respecting this section. This Act may be cited as the "Departments of Labor and Health, Short title. Education, and Welfare Appropriation Act, 1977". CARL ALBERT Speaker of the House of Representatives. LEE METCALF Acting President of the Senate pro Tempore. IN THE HOUSE OF REPRESENTATIVES, U.S., September 30, 1976. The House of Representatives having proceeded to reconsider the bill (H.R. 14232) entitled "An Act making appropriations for the Depart- ments of Labor, and Health, Education, and Welfare, and related agencies, for the fiscal year ending September 30, 1977, and for other purposes", returned by the President of the United States with his objections, to the House of Representatives, in which it originated, it was
90 STAT. 1438 PUBLIC LAW 94-439—SEPT. 30, 1976 Resolved, That the said bill pass, two-thirds of the House of Represen- ^ i tatives agreeing to pass the same. Attest: EDMUND L. HENSHAW, JR. Clerk. I certify that this Act originated in the House of Representatives. EDMUND L. HENSHAW, JR. Clerk. IN THE SENATE OF THE UNITED STATES, September 30, 1976. The Senate having proceeded to reconsider the bill (H.R. 14232) entitled "An Act making appropriations for the Departments of Labor, and Health, Education, and Welfare, and related agencies, for the fiscal year ending September 30, 1977, and for other purposes", returned by the President of the United States with his objections, to the House of Representatives, in which it originated, and passed by the House of Representatives on reconsideration of the same, it was Resolved, That the said bill pass, two-thirds of the Senators present having voted in the affirmative. Attest: FRANCIS R. VALEO Secretary. By Harold G. Ast Legislative Clerk. LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-1219 (Comm. on Appropriations) and Nos. 94-1384 and 94-1555 (Comm. of Conference). SENATE REPORT No. 94-997 (Comm. on Appropriations). CONGRESSIONAL RECORD, Vol. 122 (1976): June 23, 24, considered and passed House. June 28-30, considered and passed Senate, amended. -" •• Aug. 10, House agreed to conference report; receded and concurred in certain Senate amendments; concurred in certain others with amendments. Aug. 25, Senate agreed to conference report; agreed to certain House amendments. Sept. 16, House receded and concurred in Senate amendment with an amend- ment. Sept. 17, Senate agreed to House amendment. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 12, No. 40: Sept. 29, vetoed; Presidential message. CONGRESSIONAL RECORD, Vol. 122 (1976): . . . j , ••y,\ sfj > Sept. 29, House overrode veto. Sept. 30, Senate overrode veto.