text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/936

 98 STAT. 3308 26 USC 9501.

PUBLIC LAW 98-619—NOV. 8, 1984

of 1954, as amended, as authorized by section 9501(d)(1), (2), (4), and (7) of that Act and of which $24,403,000 shall be available for transfer to Employment Standards Administration, Salaries and Expenses, and $13,688,000 for transfer to Departmental Management, Salaries and Expenses, and $372,000 for transfer to Departmental Management, Office of Inspector General, for expenses of operation and administration of the Black Lung Benefits program as authorized by section 9501(d)(5)(A) of that Act: Provided, That in addition, such amounts as may be necessary may be charged to the subsequent year appropriation for the payment of compensation 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

Grants.

29 USC 672.

29 USC 667.

29 USC 651 note. 29 USC 666.

Prohibitions.

For necessary expenses for the Occupational Safety and Health Administration, $219,652,000, including not to exceed $53,091,000, which shall be the maximum amount available for grants to States under section 23(g) of the Occupational Safety and Health Act, which grants shall be no less than fifty percent of the costs of State occupational safety and health programs required to be incurred under plans approved by the Secretary under section 18 of the Occupational Safety and Health Act of 1970: Provided, That none of the funds appropriated under this paragraph shall be obligated or expended 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 than 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 further. That none of the funds appropriated under this paragraph shall be obligated or expended to prescribe, issue, administer, or enforce any standard, rule, regulation, or order under the Occupational Safety and Health Act of 1970 which is applicable to any person who is engaged in a farming operation which does not maintain a temporary labor camp and employs ten or fewer employees: Provided further, That 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 appropriated under this paragraph shall be obligated or expended to administer or enforce any standard, rule, regulation, or order under the Occupational Safety and Health Act of 1970 with respect to any employer of ten or fewer employees who is included within a category having an occupational injury lost 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

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 PUBLIC LAW 98-619—NOV. 8, 1984

98 STAT. 3309

the Bureau of Labor Statistics, in accordance with section 24 of that Act (29 U.S.C. 673), except— (1) to provide, as authorized by such Act, consultation, technical assistance, educational and training services, and to conduct surveys and studies; (2) to conduct an inspection or investigation in response to an employee complaint, to issue a citation for violations found during such inspection, and to assess a penalty for violations which are not corrected within a reasonable abatement period and for any willful violations found; (3) to take any action authorized by such Act with respect to imminent dangers; (4) to take any action authorized by such Act with respect to health hazards; (5) to take any action authorized by such Act with respect to a report of an employment accident which is fatal to one or more employees or which results in hospitalization of five or more employees, and to take any action pursuant to such investigation authorized by such Act; and (6) to take any action authorized by such Act with respect to complaints of discrimination against employees for exercising rights under such Act: Provided further, That the foregoing proviso shall not apply to any person who is engaged in a farming operation which does not maintain a temporary labor camp and employs ten or fewer employees: 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 29 USC 651 note. 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 ap- 29 USC 656, 667. proved 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 exended for any State plan monitoring visit by the Secretary of abor under section 18 of the Occupational Safety and Health 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 conducting 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

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license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


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Page:United States Statutes at Large Volume 98 Part 3.djvu/938

 98 STAT. 3310

PUBLIC LAW 98-619—NOV. 8, 1984 a worker complaint regarding a violation of such Act, or in order to investigate a discrimination complaint under section

29 USC 660

43 USC 1301 note. 43 USC 1801

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 paragraph may be obligated or expended for the inspection, investigation, or enforcement of any activity occurring on the Outer Continental Shelf which exceeds the authority g r a n t e d to the Occupational Safety and Health Administration by any provision of the O u t e r Continental Shelf Lands Act, or the O u t e r Continental Shelf Lands Act Amendments of 1978. MINE SAFETY AND HEALTH ADMINISTRATION SALARIES AND EXPENSES

For necessary expenses for the Mine Safety and Health Administration, $150,550,000, including purchase and bestowal of certificates and trophies in connection with mine rescue and first-aid work, and the purchase of not to exceed forty-five passenger motor vehicles for 30 USC 962.

30 USC 825. 30 USC 814.

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 Administration is authorized to promote health and safety education and training in the mining community through cooperative programs with States, industry, and safety associations; and any funds available to the Department may be used, with the approval of the Secretary, to provide for the costs of mine rescue and survival operations in the event of major disaster: Provided, That none of the funds appropriated under this paragraph shall be obligated or expended to carry out section 115 of the Federal Mine Safety and Health Act of 1977 or to carry out that portion of section 104(g)(l) of such Act relating to the enforcement of any training requirements, with respect to shell dredging, or with respect to any sand, gravel, surface stone, surface clay, colloidal phosphate, or surface limestone mine. BUREAU OF LABOR STATISTICS SALARIES AND EXPENSES

For necessary expenses for the Bureau of Labor Statistics, including advances or reimbursements to State, Federal, and local agencies and their employees for services rendered, $152,860,000, of which $9,625,000 shall be for expenses of revising the Consumer Price Index, together with not to exceed $20,420,000 which may be expended from the Employment Security Administration account in the Unemployment Trust Fund: Provided, That $4,823,000 shall remain available until September 30, 1986. DEPARTMENTAL MANAGEMENT SALARIES AND EXPENSES

For necessary expenses for Departmental Management, including $2,129,000 for the President's Committee on Employment of the Handicapped, $102,330,000, together with not to exceed $240,000

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Page:United States Statutes at Large Volume 98 Part 3.djvu/939

 PUBLIC LAW 98-619—NOV. 8, 1984

98 STAT. 3311

which may be expended from the Employment Security Administration account in the Unemployment Trust Fund. ASSISTANT SECRETARY FOR VETERANS EMPLOYMENT AND TRAINING

Not to exceed $122,172,000 may be expended from the Employment Security Administration account in the Unemployment Trust Fund to carry out the provisions of 38 U.S.C. 2001-08 and 2021-26. SPECIAL FOREIGN CURRENCY PROGRAM

For pa3niients 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 authorized by law, $67,000, to remain available until expended. This appropriation shall be available in addition to other appropriations 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 USC app. $39,323,000 together with not to exceed $4,300,000 which may be expended from the Employment Security Administration account in the Unemployment Trust Fund. GENERAL PROVISIONS

SEC. 101. Appropriations in this Act available for salaries and Labor disputes. expenses shall be available for supplies, services, and rental of conference space within the District of Columbia, as the Secretary of Labor shall deem necessary for settlement of labor-management disputes. SEC. 102. None of the funds appropriated under this Act shall be Hazardous used to grant variances, interim orders or letters of clarification to materials. employers which will allow exposure of workers to chemicals or other workplace hazards in excess of existing Occupational Safety and Health Administration standards for the purpose of conducting experiments on worker health or safety. This title may be cited as the "Department of Labor Appropriation Act, 1985". TITLE II—DEPARTMENT OF HEALTH AND HUMAN SERVICES HEALTH RESOURCES AND SERVICES ADMINISTRATION

Department of Health and Human Services Appropriation Act, 1985.

HEALTH RESOURCES AND SERVICES

For carrying out titles III, IV, V, VII, VIII, X, and parts A and C of title XVI, and XIX of the Public Health Service Act, and 5 U.S.C. 7901, section 427(a) of the Federal Coal Mine Health and Safety Act, and title V of the Social Security Act, $1,427,694,000, of which $2,500,000 shall be available only for payments to the Statei of Hawaii for care and treatment of persons afflicted with Hansen's disease and $2,500,000, to remain available until expended, shall be for demonstration grants under section 301: Provided further, That this appropriation shall be available for payment of the costs? of

42 USC 241, 281, 292a, 296, 300, 300q, 300s, 300w. 30 USC 937. 42 USC 701.

42 USC 501.

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Page:United States Statutes at Large Volume 98 Part 3.djvu/940

 98 STAT. 3312

42 USC 254k. 42 USC 254h, 254n, 254p.

42 USC 254m. 42 USC 234, 254m. 96 Stat. 1830.

PUBLIC LAW 98-619—NOV. 8, 1984

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 determined 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 employee health program for any Federal department or agency, payment for the full estimated cost may 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 section 335(c), 338C(e)(l), and 338E of that Act gj^^^j ^^^ 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 FEDERAL INTEREST SUBSIDIES FOR MEDICAL FACILITIES

42 USC 300q-2.

For carrying out subsections (d) and (e) of section 1602 of the Public Health Service Act, $26,500,000, together with $5,500,000 to be derived from the Medical Facilities Guarantee and Loan Fund's Direct Loan Revolving Fund, to be available without fiscal year limitation for the payment of interest subsidies. During the fiscal year no commitments for direct loans, or loan guarantees shall be made. HEALTH MAINTENANCE ORGANIZATION LOAN AND LOAN GUARANTEE FUND

42 USC 300e.

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 $2,600,000 may be disbursed with respect to any liability or contingent liability incurred prior to 1985. CENTERS FOR DISEASE CONTROL DISEASE CONTROL

To carry out titles III, XI, and XIX of the Public Health Service 42 USC 241, Act, the Federal Mine Safety and Health Act of 1977, and the 30 USC 80i^ote Occupational Safety and Health Act of 1970; including insurance of 29 USC 651 note! official motor vehicles in foreign countries; and purchase, hire, maintenance, and operation of aircraft, $410,530,000, of which $6,310,000 shall remain available until expended for construction and renovation of facilities: Provided, That training of employees of

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 PUBLIC LAW 98-619—NOV. 8, 1984

98 STAT. 3313

private agencies shall be made subject to reimbursement or advances 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, $1,183,806,000.

42 USC 241, 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 diseases, and blood and blood products, $805,269,000. NATIONAL INSTITUTE OF DENTAL RESEARCH

For carrying out section 301 and title IV of the Public Health Service Act with respect to dental diseases, $100,688,000. 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 digestive and kidney diseases, $543,576,000. 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 disorders and stroke, $396,885,000. NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES

For carrying out section 301 and title IV of the Public Health Service Act with respect to allergy and infectious diseases, $370,965,000. 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, $482,260,000. 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, $313,295,000. NATIONAL EYE INSTITUTE

For carrying out section 301 and title IV of the Public Health Service Act with respect to eye diseases and visual disorders, $181,678,000.

42 USC 241, 281,

300b-l.

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Page:United States Statutes at Large Volume 98 Part 3.djvu/942

 98 STAT. 3314

PUBLIC LAW 98-619—NOV. 8, 1984 NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES

42 USC 241, 243, 281-

For carrying out sections 301, 311 and title IV of the Public Health Service Act with respect to environmental health sciences, $194,819,000. NATIONAL INSTITUTE ON AGING

For carrying out section 301 and title IV of the Public Health Service Act with respect to aging, $144,521,000. RESEARCH RESOURCES

42 USC 241, 289Z-1.

For carrying out sections 301 and 472 of the Public Health Service Act with respect to research resources and general research support g r a n t s, $304,025,000: 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 g r a n t s program any a m o u n t for indirect expenses in connection with such g r a n t s. JOHN E. FOGARTY INTERNATIONAL CENTER

For carrying out the activities at the John E. Fogarty International Center, $11,728,000, of which $1,999,000 shall be available for payment to the Gorgas Memorial Institute for maintenance and operation of the Gorgas Memorial Laboratory. NATIONAL LIBRARY OF MEDICINE

42 USC 275,

For carrying out section 301 with respect to health information communications and parts I and J of title III of the Public Health Service Act, $52,410,000.

280b. OFFICE OF THE DIRECTOR

For carrying out the responsibilities of the Office of the Director, National Institutes of Health, $38,304,000, including purchase of not to exceed thirteen passenger motor vehicles for replacement only: Provided, That $10,000,000 of the foregoing amount shall remain available until September 30, 1986. BUILDINGS A N D FACILITIES

For construction of, and acquisition of sites and equipment for, facilities of or used by the National Institutes of Health, $21,730,000, to remain available until expended. ALCOHOL, DRUG ABUSE, AND MENTAL HEALTH ADMINISTRATION ALCOHOL, D R U G ABUSE, A N D MENTAL HEALTH

42 USC 201 note.

For carrying out the Public Health Service Act with respect to mental health, drug abuse, alcohol abuse, and alcoholism, $922,621,000. FEDERAL SUBSIDY FOR SAINT ELIZABETHS HOSPITAL

24 USC 168b.

For a portion of the cost of the maintenance and operation of Saint Elizabeths Hospital in the District of Columbia, $48,595,000: Provided, That the Secretary of Health and Human Services may

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Page:United States Statutes at Large Volume 98 Part 3.djvu/943

 PUBLIC LAW 98-619—NOV. 8, 1984

98 STAT. 3315

set rates for inpatient and outpatient services provided through Saint EHzabeths 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 appropriation for Saint Elizabeths Hospital and shall remain available until expended. 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, $101,803,000, of which $250,000 shall be avail- 42 USC 24i,30z. able for design and facility planning under section 305(b)(3) of the Public Health Service Act, together with not to exceed $1,050,000 to 42 USC 242c. be transferred and expended as authorized by section 201(g) of the Social Security Act, from the Federal Hospital Insurance and the 42 USC 401. Federal Supplementary Medical Insurance Trust Funds referred to therein and, in addition, amounts collected by the National Center for Health Statistics from the sale of data tapes shall be credited to this appropriation and shall remain available until expended: 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 Survivor Benefit Plan and for medical care of dependents and retired personnel under the Dependents' Medical Care Act (10 U.S.C. ch. 55), such amounts as may be required during the current fiscal year.

10 USC 1071 et seq.

HEALTH CARE FINANCING ADMINISTRATION GRANTS TO STATES FOR MEDICAID

For carrying out, except as otherwise provided, title XIX of the Social Security Act, $16,293,491,000, to remain available until expended. For making, after May 31, 1985, payments to States under title XIX of the Social Security Act, for the last quarter of fiscal year 1985 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. Payment under title XIX may be made for any quarter beginning after June 30, 1984, and before October 1, 1985, 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 1986, $5,980,000,000, to remain available until expended.

42 USC 1396.

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Page:United States Statutes at Large Volume 98 Part 3.djvu/944

 98 STAT. 3316

PUBLIC LAW 98-619—NOV. 8, 1984 PAYMENTS TO HEALTH CARE TRUST FUNDS

97 Stat. 103. 42 USC 417. 97 Stat. 104. 42 USC 429. 42 USC 1395w. 42 USC 426a, 1395i-l. 42 USC 426 note. 42 USC 1301, 1395, 1396.

42 USC 1395h note.

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, $18,750,000,000. PROGRAM MANAGEMENT

For carrying out, except as otherwise provided, titles XI, XVIII and XIX of the Social Security Act, $98,147,000, together with not to exceed $1,084,779,000 to be transferred to this appropriation as authorized by section 201(g) of the Social Security Act, from the Federal Hospital Insurance and the Federal Supplementary Medical Insurance Trust Funds referred to therein: Provided, That these amounts shall be in addition to $45,000,000 for this purpose available under section 118 of Public Law 97-248: Provided further, That $20,000,000 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 organizations with which agreements 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

97 Stat. 105. 42 USC 401. 97 Stat. 103. 42 USC 417. 42 USC 428. 97 Stat. 104. 42 USC 429. 42 USC 1320b-l. 97 Stat. 105. 30 USC 901.

For payment to the Federal Old-Age and Survivors Insurance and the Federal Disability Insurance Trust Funds, as provided under sections 201(m), 217(g), 228(g), 229(b), and 1131(b)(2) of the Social Security Act and section 152 of Public Law 98-21, $512,722,000. SPECIAL BENEFITS FOR DISABLED COAL MINERS

For carrying out title IV of the Federal Mine Safety and Health Act of 1977, including the payment of travel expenses 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, Puerto Rico, and the Virgin Islands, to reconsideration interviews and to proceedings before administrative law judges, $1,024,131,000. For making, after July 31 of the current fiscal year, benefit payments to individuals under title IV of the Federal Mine Safety and Health Act of 1977, for costs incurred in the current fiscal year, such amounts as may be necessary, the obligations and expenditures to be charged to the subsequent appropriations for the current or succeeding fiscal year. For making benefit payments under title IV of the Federal Mine Safety and Health Act of 1977 for the first quarter of fiscal year 1986, $270,000,000, to remain available until expended. SUPPLEMENTAL SECURITY INCOME PROGRAM

42 USC 1382e note, 1382 note.

For carrying out the Supplemental Security Income Program, section 401 of Public Law 92-603, section 212 of Public Law 93-66, as

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Page:United States Statutes at Large Volume 98 Part 3.djvu/945

 PUBLIC LAW 98-619—NOV. 8, 1984

98 STAT. 3317

amended, and section 405 of Public Law 95-216, including payment 42 USC 1383 to the social security trust funds for administrative expenses ^°^^incurred pursuant to section 201(g)(1) of the Social Security Act, 42 USC 401. $9,361,786,000 to remain available until expended: Provided, That any portion of the funds provided to a State in the current fiscal year and not obligated by the State during that year shall be returned to the Treasury. For making, after July 31 of the current fiscal year, benefit payments to individuals under title XVI of the 42 USC 1381. 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. For carrying out the Supplemental Security Income Program for the first quarter of fiscal year 1986, $2,345,769,000, to remain available until expended. 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 July 5, 1960 (24 U.S.C. ch. 9), $6,170,000,000, to remain available until expended. 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 1986, $2,095,000,000, to remain available until expended.

42 USC 301 601, 1351^1381 ' 24 USC 321 et seq.

CHILD SUPPORT ENFORCEMENT

For carrying out, except as otherwise provided, titles IV-D and XI of the Social Security Act, $497,000,00(5, 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 1986, $160,000,000, to remain available until expended. LOW INCOME HOME ENERGY ASSISTANCE

For carrying out title XXVI of the Omnibus Budget Reconciliation Act of 1981, $2,100,000,000.

42 USC 8621.

LIMITATION ON ADMINISTRATIVE EXPENSES

For necessary expenses, not more than $3,787,515,000 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 USC 401.

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Page:United States Statutes at Large Volume 98 Part 3.djvu/946

 98 STAT. 3318 42 USC 1383 note. 42 USC 1383.

42 USC 1381, 1395, 421.

97 Stat. 137. 42 USC 405.

PUBLIC LAW 98-619—NOV. 8, 1984

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 only to the extent necessary to process workloads not anticipated in the budget estimates, for automation projects, and to meet mandatory increases in costs of agencies or organizations with which agreements have been made to participate in the administration of titles XVI and XVIII and section 221 of the Social Security Act, and after maximum absorption of such costs within the remainder of the existing limitation has been achieved: Provided further, That $210,166,000 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 205(CK2)(D) of the Social Security Act, where paper and other materials used in the manufacture of such cards are produced, manufactured, or assembled outside of the United States. H U M A N DEVELOPMENT SERVICES SOCIAL SERVICES BLOCK G R A N T

42 USC 1305 note.

For carrying $2,700,000,000.

out the Social

Services

Block

Grant Act,

H U M A N DEVELOPMENT SERVICES

42 USC 3001 note. 42 USC 5601 note. 42 USC 2991. 42 USC 6000 note. 42 USC 5101 note. 42 USC 9801 note. 42 USC 3028. 42 USC 620, 670, 1310, 5111.

For carrying out, except as otherwise provided, the Older Americans Act of 1965, the Runaway and Homeless Youth Act, the Native Americans Program Act, the Developmental Disabilities Assistance and Bill of Rights Act, the Child Abuse Prevention and Treatment Act, and the Head Start Act of 1981, $1,996,154,000, of which $33,400,000 shall be available for carrying out section 308(b)(1) of the Older Americans Act of 1965. FAMILY SOCIAL SERVICES

For carrying out parts B and E of title IV and section 1110 of the Social Security Act, and title II of Public Law 95-266 (adoption opportunities), $690,902,000. WORK INCENTIVES

42 USC 630. 42 USC 602. 42 USC 631. 42 USC 603.

For carrying out a work incentive program, as authorized by part c of title IV of the Social Security Act, including registration of individuals for such programs, and for related child care and other supportive services, as authorized by section 402(a)(19)(G) of the Act, including transfer to the Secretary of Labor, as authorized by section 431 of the Act, $266,760,000 which shall be the maximum 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.

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 PUBLIC LAW 98-619—NOV. 8, 1984

98 STAT. 3319

OFFICE OF COMMUNITY SERVICES COMMUNITY SERVICES BLOCK GRANT

For carrying out the Community Services Block Grant Act, $372,435,000, of which $19,920,000 shall be for carrying out section 681(a)(2)(A), $4,050,000 shall be for carrying out section 681(a)(2)(D), $3,035,000 shall be for carrying out section 681(a)(2)(E), and $6,130,000 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 purposes other than to make grants to eligible entities as defined in section 673(1) of such Act or to organizations serving seasonal and 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 fiscal year 1983; and (2) the State submits, prior to October 1, 1984, an application for fiscal year 1985 under the Community Services Block Grant Act, containing provisions for the use of assistance under that Act by political subdivisions.

42 USC 990i ""te. 42 USC 9910.

42 USC 9903. 42 USC 9902.

96 Stat. 1198.

DEPARTMENTAL MANAGEMENT GENERAL DEPARTMENTAL MANAGEMENT

For necessary expenses, not otherwise provided, for general departmental management, including hire of six medium sedans, $133,000,000 together with not to exceed $8,000,000 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. 42 USC 401. OFFICE OF THE INSPECTOR GENERAL

For expenses necessary for the Office of the Inspector General, $53,391,000 together with not to exceed $20,000,000 to be transferred and expended as authorized by section 201(g)(1) of the Social Security Act from any one or all of the trust funds referred to therein. OFFICE FOR CIVIL RIGHTS

For expenses necessary for the Office for Civil Rights, $17,850,000 together with not to exceed $2,350,000 to be transferred and expended as authorized by section 201(g)(1) of the Social Security Act from any one or all of the trust funds referred to therein. POLICY RESEARCH

For carrying out, to the extent not otherwise provided, research studies under section 1110 of the Social Security Act, $9,750,000: Provided, That not less than $1,750,000 shall be obligated to continue research on poverty conducted by the Institute for Research on Poverty.

42 USC i3io.

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Page:United States Statutes at Large Volume 98 Part 3.djvu/948

 98 STAT. 3320

PUBLIC LAW 98-619—NOV. 8, 1984 GENERAL PROVISIONS

Research and development.

42 USC 209.

42 USC 289/-1.

SEC. 201. None of the funds appropriated by this title for grants-inaid 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 the rates of pay of said officers or employees. SEC. 202. None of the funds provided herein shall be used to pay ^jjy 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 Departmental Management shall be available for expenses for active commissioned 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 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 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 commissioned 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 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 Health Service Act, at 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; for carrying out section 472 of the Public Health Service Act; 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.

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Page:United States Statutes at Large Volume 98 Part 3.djvu/949

 PUBLIC LAW 98-619—NOV. 8, 1984

98 STAT. 3321

SEC. 204. 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. SEC. 205. 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 section 327A of the Public Health Service Act. 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. 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 Administration. SEC. 208. No funds appropriated for the fiscal year ending September 30, 1985, 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: Provided, That amounts received from employees of the Department in payment for room and board may be credited to the appropriation accounts "Health Resources and Services", National Institutes of Health "Office of the Director", "Disease Control", and "Federal Subsidy for Saint Elizabeths Hospital". 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, 1985". TITLE III—DEPARTMENT OF EDUCATION COMPENSATORY EDUCATION FOR THE DISADVANTAGED

For carrying out chapter 1 of the Education Consolidation and Improvement Act of 1981, $3,688,163,000 to become available on July 1, 1985, and remain available until September 30, 1986: Provided, That no funds shall be used for purposes of section 554(a)(l)(B), $5,246,000 shall be available for purposes of section 555(d) to provide technical assistance and evaluate programs, $264,524,000 shall be available for purposes of section 554(a)(2)(A), $150,170,000 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 $35,607,000 shall be available for purposes of section 554(b)(1)(D). For carrying out section 418A of the Higher Education Act, $7,500,000.

Abortions.

Health and medical care. 42 USC 254a.

42 USC 210 note.

Department of Education Appropriation Act, 1985. 20 USC 3801. 20 USC 3803. 20 USC 3804.

20 USC 1070d-2.

SPECIAL PROGRAMS

For carrying out the consolidated programs and projects authorized under chapter 2 of the Education Consolidation and Improvement Act of 1981, $531,909,000, of which $31,909,000 shall be for

20 USC 3811.

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Page:United States Statutes at Large Volume 98 Part 3.djvu/950

 98 STAT. 3322

PUBLIC LAW 98-619—NOV. 8, 1984

20 USC 3851.

programs and projects authorized under subchapter D of said Act, including $10,700,000 for programs and projects authorized under 20 USC 3851. subsection 583(a)(1) of said Act; $6,052,000 shall be used for awards, which, except for educational television programming, are not to exceed a cumulative amount of $1,000,000 to any recipient for national impact demonstration or research projects; $7,000,000 for activities authorized under subsection 583(b)(1) of said Act; $3,157,000 for programs authorized under subsection 583(b)(2) of said Act; $3,000,000 for programs authorized under subsection 5830t))(3) of said Act; and $2,000,000 for activities authorized under subsection Ante, p. 234. 583(b)(4) of Said Act: Provided, That $500,000,000 to carry out the 20 USC 3811. State block grant program authorized under chapter 2 of said Act shall become available for obligation on July 1, 1985, and shall remain available until September 30, 1986: Provided further, That $31,909,000 for the purpose of subchapter D of said Act shall become available for obligation on October 1, 1984. For grants to State education agencies and desegregation assistance centers authorized under section 403 of the Civil Rights Act of 42 USC 2000C-2. 1964, $24,000,000. For carrying out activities authorized under title IX, part C of the 20 USC 3341. Elementary and Secondary Education Act, $6,000,000. For carrying out activities authorized under section 1524 of the 92 Stat. 2379. Education Amendments of 1978, $2,700,000. For carrying out activities authorized under section 1525 of the 92 Stat. 2379. Education Amendments of 1978, $2,000,000. 86 Stat. 907. For Carrying out activities authorized under Public Law 92-506, as amended, $1,500,000: Provided, That said sum shall become available on July 1, 1985, and shall remain available until September 30, 1986. For carrying out the provisions of title VII of the Education for Ante, p. 1299. Economic Security Act, relating to magnet schools assistance, $75,000,000: Provided, That not more than $4,000,000 in the fiscal year may be paid to any single eligible local educational agency: Provided further. That amounts appropriated under this sentence shall be available October 1, 1984. SCIENCE AND MATH EDUCATION

Ante, p. 1273.

For carrying out the provisions of title II of the Education for Economic Security Act, $100,000,000 to remain available until expended. EXCELLENCE IN EDUCATION PROGRAM

Ante, p. 1295.

For carrying out the provisions of title VI of the Education for Economic Security Act, $5,000,000 to remain available until expended. BILINGUAL EDUCATION

20 USC 3222. 20 USC 2411.

For carrying out, to the extent not otherwise provided, title VII of the Elementary and Secondary Education Act and part B, subpart 3 of the Vocational Education Act, as amended, $142,951,000 of which $3,686,000 for part B, subpart 3 of the Vocational Education Act shall become available on July 1, 1985, and shall remain available until September 30, 1986.

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Page:United States Statutes at Large Volume 98 Part 3.djvu/951

 PUBLIC LAW 98-619—NOV. 8, 1984

98 STAT. 3323

SCHOOL ASSISTANCE IN FEDERALLY AFFECTED AREAS

For carrying out title I of the Act of September 80, 1950, as amended (20 U.S.C. ch. 13), $675,000,000 of which $22,000,000 shall be entitlements under section 2 of said Act, $10,000,000, which shall remain available until expended, shall be for payments under section 7 of said Act and $643,000,000 shall be for entitlements under section 3 of said Act of which $513,000,000 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 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(d)(1)(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 entitlements under section 3(b) of said Act to any local educational agency in which 20 per centum or more of the total average daily attendance is made up of children determined eligible under section 3(b) shall be at 60 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 the provisions of section 5(c) of said Act shall not apply to funds provided herein: Provided further. That section 305(b)(2) of the Education Amendments of 1974 shall not apply to funds provided herein: Provided further, That no payments shall be made under section 7 of said Act 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 in determining entitlements under section 3 of the Act of September 30, 1950 (Public Law 874, Eightyfirst Congress), the local contribution rate for each local educational agency shall not be less than the local contribution rate for that agency for fiscal year 1984 increased by the percentage increase (if any) in the national average per pupil expenditure for fiscal year 1984 from fiscal year 1983: Provided further. That section 3(d)(2)(B) of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress), is amended by inserting at the end thereof the following new sentence: "In carrying out the provisions of this subparagraph, the Secretary shall not prorate the amounts computed under this subparagraph attributable to the number of children determined under subsection (a) or (b), or both.": Provided further. That the second sentence of section 3(d)(2)(B) of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress), is amended by striking out "The" and inserting in lieu thereof "Subject to the provisions of subsection (h) of this section, the", and section 3 of such Act is amended by adding at the end thereof the following new subsection:

20 USC 236 et 20 USC 241-1. 20 USC 238.
 * o^usc 237

20 USC 244.

9'^ Stat. 1419. '^^ ^se 240. 20 USC 238 note. 20 USC 241-1.

20 USC 238.

20 USC 238.

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Page:United States Statutes at Large Volume 98 Part 3.djvu/952

 98 STAT. 3324

PUBLIC LAW 98-619—NOV. 8, 1984 "SPECIAL PROVISIONS

"(h) Any local educational agency for which the boundaries of the school district of such agency are coterminous with the boundaries of a military installation and which is not eligible to receive payments under subsection (d)(2)(B) shall receive 100 percent of the amounts to which such agency is entitled under subsection (a) of this section.". For carrying out the Act of September 23, 1950, as amended (20 20 USC 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, of which $8,500,000 shall be for awards under section 10 of said 20 USC 640, 644. Act, $8,500,000 shall be for awards under sections 14(a) and 14(b) of said Act, and $3,000,000 shall be for awards under sections 5 and 20 USC 635. 14(c) of said Act. EDUCATION FOR THE HANDICAPPED

20 USC 1400. on FriS }!}Q 97 Stat 1369 20 USC 1431.

20 USC 1451.

For carrying out the Education of the Handicapped Act, $1,321,270,000, of which $1,135,145,000, for section 611, $29,000,000 ^^r section 619, and $61,000,000 for part D of such Act, including special education supervision, administration and research, special projects, and State education agency programs under existing grants and contracts as well as new grants and contracts as authorized by such part D, shall become available for obligation on July 1, 1985, and shall remain available until September 30, 1986: Provided, That $500,000 of the amounts available under this heading for part F of the Education of the Handicapped Act shall be available for the Theater of the Deaf. REHABILITATION SERVICES AND HANDICAPPED RESEARCH

29 USC 701 note, 22"use?im note Ante, p. 19. 29 USC 730.

For carrying out, to the extent not otherwise provided, the Rehabilitation Act of 1973, as amended, the Helen Keller National Center Act, and the International Health Research Act of 1960, $1,233,300,000, of which $1,098,707,247 shall be for allotments under section 100(b)(1) of the Rehabilitation Act, $1,292,753 shall be for activities under section 110(b)(3) of the Rehabilitation Act, $4,200,000 shall be for continued operation of the Helen Keller National Center for Deaf-Blind Youths and Adults. VOCATIONAL AND ADULT EDUCATION

20 USC 2301 note, 1201 note, 20 USC 2401. 20 USC 2305.

20 USC 2350.

For carrying out, to the extent not otherwise provided, the Vocational Education Act, and the Adult Education Act, $831,314,000 which shall become available for obligation on July 1, 1985, and shall remain available until September 30, 1986, except that $8,178,000 for part B, subpart 2 of the Vocational Education Act shall become available for obligation on July 1, 1985, and shall remain available until expended: Provided, That $7,000,000 for State advisory councils under section 105 of the Vocational Education Act shall be used to provide to each State, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, Trust Territory of the Pacific Islands, and Northern Mariana Islands an amount equal to the amount it received in the previous fiscal year: Provided further, That not to exceed $99,590,000 shall be for carrying out part A, subpart 3, of the Vocational Education Act: Provided

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Page:United States Statutes at Large Volume 98 Part 3.djvu/953

 PUBLIC LAW 98-619—NOV. 8, 1984

98 STAT. 3325

further, That $2,243,100 shall be made available for the National Occupational Information Coordinating Committee. 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, $4,871,000,000 which shall remain available until September 30, 1986, of which $412,500,000 shall be available for carrying out subpart 2 of part A of title IV of the Higher Education Act, and $250,000,000 shall be available to pay deficiencies resulting from the payment schedules for Pell Grants published by the Secretary of Education for academic year 1983-84 and academic year 1984-85: 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 1984-85 academic year: Provided further. That pursuant to section 411(b)(4)(A) of the Higher Education Act, amounts appropriated herein for Pell Grants which exceed the amounts required to meet the payment 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 notwithstanding section 411(a)(2)(A)(i) and section 411(b)(5) of the Higher Education Act, the maximum grant a student may receive in the 1985-86 academic year shall be $2,100: Provided further, That the cost of attendance criteria used for calculating eligibility for and the amount of the Pell Grants for academic year 1985-86 shall be the same as the cost of attendance criteria used for academic year 1984-85: Provided further. That notwithstanding section 413D(a), and subsections (a), (b), (c), and (e) of section 442 of the Higher Education Act, the Secretary shall apportion funds among the States so that each State's apportionment under the Supplemental Educational Opportunity Grant Program and 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 appropriated for fiscal year 1981 for each program: Provided further, That notwithstanding section 413D(b)(l)(B)(ii) 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 1979-80) under each program in a manner that will most effectively carry out the purposes of the Supplemental Educational Opportunity Grant Program and the Work-Study Program: Provided further. That notwithstanding section 413D(b)(l)(B)(ii)(II) of the Higher Education Act, the provisions of clause (I) of section 413D(b)(l)(B)(ii) of such Act shall apply to the amount made available for Supplemental Educational Opportunity Grants under this heading.

20 USC 1070a, 1070b, 1070c, 42 u s e 2751, 20 u s e 1088.

20 USC 1070a.

20 USC 1070a note.

20 USC 1070b-3 note. 20 USC 1070b-3. 42 USC 2752.

42 USC 2756.

GUARANTEED STUDENT LOANS

For necessary expenses under title IV, part B of the Higher Education Act, $3,079,477,000 to remain available until expended.

20 USC 1071.

HIGHER EDUCATION

For carrying out title III of the Higher Education Act of 1965, as 20 USC 1051. amended, $141,208,000: Provided, That not less than $45,741,000 of

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Page:United States Statutes at Large Volume 98 Part 3.djvu/954

 98 STAT. 3326 20 USC 1051. 20 USC 1070d, 1121, 1132a, 1133, 1135, 1134d, 1134h, 1134Z, 1134n, 1070e-l, 1132d-3, 1144a. 7 USC 301 note. 94 Stat. 1502. 22 USC 2452. 20 USC 3489. 20 USC 1226a. 20 USC 1132c.

20 USC 1134e.

Ante, p. 2247.

PUBLIC LAW 98-619—NOV. 8, 1984

funds appropriated for title III of the Higher Education Act shall be available only to historically black colleges and universities. For carrying out subpart 4 of part A of title IV; titles VI, VII, VIII, and X, parts B, C, D, and E of title IX; and sections 420, 734, and 1204(c) of the Higher Education Act of 1965 as amended; section 506 of the Education Amendments of 1972, as further amended by title XIII, part G, section 1361(a) of the Education Amendments of 1980; title XIII, part H, subpart 1 of the Education Amendments of 1980; section 102(b)(6) of the Mutual Educational and Cultural Exchange Act of 1961; and the Minority Institutions Science Improvement Program under section 528(3) of the Omnibus Budget Reconciliation Act of 1981 as extended by section 414 of the General Education Provisions Act, $315,875,000: Provided, That $18,775,000 made available for interest subsidy grants under section 734 of the Higher Education Act and $28,000,000 made available for undergraduate and graduate facilities grants under part B of title VII of said Act shall remain available until expended: Provided further, That sections 922(b)(2) and 922(e)(2) and the funding limitations set forth in section 922(e) of the Higher Education Act shall not apply to funds in this Act. For carrying out title III, sections 301, 302, 303, and 304 of H.R. 2878, the "Library Services and Construction Act Amendments of 1984", as contained in conference report numbered 98-1075, $22,000,000. HIGHER EDUCATION FACILITIES LOANS AND INSURANCE

81 Stat. 386.

20 USC 1132d-2.

For the payment of principal and interest on participation certificates as authorized by the Department of Health, Education, and Welfare Appropriation Act, 1968, issued by the Government National Mortgage Association as trustee on the behalf of the Department 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, section 733(b)(2) of the Higher Education Act, $14,194,000 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 1985, no new commitments for loans may be made from this account. 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 1985 shall not exceed the total of loan repayments and other income available during such period, less operating costs. Payments of insufficiencies in fiscal year 1985 as may be required by the Government National Mortgage Association, as trustee, on account of outstanding beneficial interests 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

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Page:United States Statutes at Large Volume 98 Part 3.djvu/955

 PUBLIC LAW 98-619—NOV. 8, 1984

98 STAT. 3327

the Housing Act of 1950, as amended (12 U.S.C. 1749) using loan repayments and other income available during fiscal year 1985. During fiscal year 1985 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, $59,978,000. 20 USC I22ie, 1221e-l.

LIBRARIES

For carrying out, to the extent not otherwise provided, titles I, II and III of the Library Services and Construction Act (20 U.S.C. ch. 16); and title II, part B except section 224, and part C of the Higher Education Act, notwithstanding the provisions of section 221, $125,000,000: Provided, That $25,000,000 of the sums appropriated shall be used to carry out the provisions of title II of the Library Services and Construction Act and shall remain available until expended.

20 USC 352 J f ^' ^^^^' ^^^ ^' lo^ijsc 1031 1034, 1041.

SPECIAL INSTITUTIONS AMERICAN PRINTING HOUSE FOR THE BLIND

For carrying out the Act of March 3, 1879, as amended (20 U.S.C. 101-106), including provision of materials to adults undergoing reha- 20 USC lOi, 102, bilitation on the same basis as provided in 1984, $5,500,000. ""*• NATIONAL TECHNICAL INSTITUTE FOR THE DEAF

For carrying out the National Technical Institute for the Deaf Act (20 U.S.C. 681 et seq.), $31,400,000, of which $1,400,000 shall be for construction and shall remain available until expended. 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- 20 USC 693 note. ized by the Act of June 18, 1954 (68 Stat. 265), including continuing ^0 USC 69i-69id. education activities, existing extension centers and the National Center for Law and the Deaf, $58,700,000. HOWARD UNIVERSITY

For partial support of Howard University (20 U.S.C. 121 et seq.), $158,230,000, of which $2,00,000 shall be for an endowment matching grant in accordance with policies and procedures as appropriate for comparable grants under the Challenge Grant Amendments of 1983 (Public Law 98-95) and shall remain available until expended. ^7 Stat. 708 DEPARTMENTAL MANAGEMENT SALARIES AND EXPENSES

For carrying out, to the extent not otherwise provided, the Department of Education Organization Act, including rental of conference 20 USC 3401 rooms in the District of Columbia and hire of three passenger motor "°*6vehicles, $241,075,000.

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Page:United States Statutes at Large Volume 98 Part 3.djvu/956

 98 STAT. 3328

PUBLIC LAW 98-619—NOV. 8, 1984 OFFICE FOR CIVIL RIGHTS

20 USC 3413.

For expenses necessary for the Office for Civil Rights, as authorized by section 203 of the Department of Education Organization Act, $45,000,000. OFFICE OF THE INSPECTOR GENERAL

20 USC 3422.

For expenses necessary for the Office of the Inspector General, as authorized by section 212 of the Department of Education Organization Act, $15,312,000. GENERAL PROVISIONS

Audit.

Research and development. Busing.

42 USC 2000c.

Busing.

Busing.

SEC. 301. None of the funds appropriated by the title for grants-inaid 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 the 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 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 obtaining Federal funds otherwise available to any State, school district or school. (b) No funds appropriated in this Act may be used for the transportation of students or teachers (or for the purchase of equipment for such transportation) in order to overcome racial imbalance in any school or school system, or for the transportation of students or teachers (or for the purchase of equipment for such transportation) in order to carry out a plan of racial desegregation of any school or school system. SEC. 306. None of the funds contained in this Act shall be used to require, directly or indirectly, the transportation of any student to a

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 PUBLIC LAW 98-619—NOV. 8, 1984 school other than the school which is nearest the student's home, except for a student requiring special education, to the school offering such special education, in order to comply with title VI of the Civil Rights Act of 1964. For the purpose of this section an indirect requirement of transportation of students includes the transportation of students to carry out a plan involving the reorganization of the grade structure of schools, the pairing of schools, or the clustering of schools, or any combination of grade restructuring, pairing or clustering. The prohibition described in this section does not include the establishment of magnet schools. SEC. 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 by striking out in clause (9) "October 1, 1984" and inserting in its place "October 1, 1985". SEC. 309. No funds appropriated in any Act to the Department of Education for fiscal years 1984 and 1985 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. This title may be cited as the "Department of Education Appropriation Act, 1985".

98 STAT. 3329

42 USC 2000d.

School prayer.

97 Stat. 895. 12 USC 1749a.

TITLE IV—RELATED AGENCIES ACTION OPERATING E X P E N S E S

For expenses necessary for Action to carry out the provisions of the Domestic Volunteer Service Act of 1973, as amended (42 U.S.C. 4951 et seq.), $150,164,000, of which $17,000,000 shall be available to carry out title I, part A of said Act: Provided, That none of the funds appropriated under this heading may be used to close State or regional field offices.

42 USC 4951.

CORPORATION FOR PUBLIC BROADCASTING PUBLIC B R O A D C A S T I N G FUND

For payment to the Corporation for Public Broadcasting, as authorized by the Communications Act of 1934 as amended, an amount which shall be available within limitations specified by said Act, for the fiscal year 1987, $200,000,000: 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 further. That none of the funds contained in this paragraph shall be available or used to aid or support any program or activity excluding from participation in, denying the benefits of, or discriminating against any person on the basis of race, color, national origin, religion or sex.

47 USC 609 note,

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 98 STAT. 3330

PUBLIC LAW 98-619—NOV. 8, 1984 FEDERAL MEDIATION AND CONCILIATION SERVICE SALARIES A N D EXPENSES

For expenses necessary for the Federal Mediation and Conciliation Service to carry out the functions vested in it by the LaborManagement 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 USC 152,158, expenses necessary pursuant to Public Law 93-360 for mandatory 183,169 and 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 Labor29 USC 141 note. Management Cooperation Act of 1978 (29 U.S.C. 125a); and for expenses necessary for the Service to carry out the functions vested in it by the Civil Service Reform Act, Public Law 95-454 (5 U.S.C. 5 USC 7101 et Chapter 71), $23,611,000. 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.), $3,837,000. NATIONAL COMMISSION ON LIBRARIES AND INFORMATION SCIENCE SALARIES AND EXPENSES

20 USC 1501

For necessary expenses for the National Commission on Libraries and Information Science, established by the Act of July 20, 1970 (Public Law 91-345), $720,000.

note. NATIONAL COUNCIL ON THE HANDICAPPED SALARIES AND EXPENSES

Ante, p. 17.

For expenses necessary for the National Council on the Handicapped to carry out the provisions of the Vocational Rehabilitation Act of 1973, as amended (Public Law 98-221), $750,000, of which $300,000 shall be available for the employment of seven technical and professional staff persons in addition to the executive director. NATIONAL LABOR RELATIONS BOARD SALARIES A N D EXPENSES

29 USC 141.

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, $137,964,000: 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(0 of the Act of June 25, 1938 (29 U.S.C. 203), and including in said definition employees

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 PUBLIC LAW 98-619—NOV. 8, 1984

98 STAT. 3331

engaged in the maintenance and operation of ditches, canals, reservoirs, and waterways when maintained or operated on a mutual, nonprofit basis and at least 95 per centum of the water stored or supplied thereby is used for farming purposes. NATIONAL MEDIATION BOARD SALARIES AND EXPENSES

For expenses necessary to carry out the provisions of the Railway Labor Act, as amended (45 U.S.C. 151-188), including emergency boards appointed by the President, $6,358,000. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION SALARIES AND EXPENSES

For the expenses necessary for the Occupational Safety and Health Review Commission, $6,143,000. PROSPECTIVE PAYMENT ASSESSMENT COMMISSION

For expenses necessary to carry out section 601 of Public Law 98-21, $2,424,000 to be transferred to this appropriation from the Federal Hospital Insurance and the Federal Supplementary Medical Insurance Trust Funds.

97 Stat. 149.

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, $405,000,000, which shall be credited to the account in 12 approximately equal amounts on the first day of each month in the fiscal year.

97 Stat. 433. 45 USC 23ln.

FEDERAL PAYMENT TO THE RAILROAD RETIREMENT ACCOUNTS

For payment to the accounts established in the Treasury for the payment of benefits under the Railroad Retirement Act for unnegotiated checks, $15,000,000 which shall be the maximum amount available for payments pursuant to section 417 of Public Law 98-76: Provided, That these funds shall remain available through September 30, 1986. LIMITATION ON ADMINISTRATION

For expenses necessary for the Railroad Retirement Board, $55,422,000 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 compensation and benefits for not less than 1,180 full-time equivalent employees: Provided further. That $500,00 of the foregoing amount shall be available only to the extent necessary to process workloads not anticipated in the budget estimates and after maximum absorption of the costs of such workloads within the remainder of the existing limitation has been achieved: Provided further, That notwithstanding any other provision of law, no portion of this limitation shall be

45 USC 23it. 97 Stat. 437.

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 98 STAT. 3332

PUBLIC LAW 98-619—NOV. 8, 1984

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): Provided further. That $910,000 of the funds provided under this limitation shall be available for construction of a new computer facility in the Railroad Retirement Board's headquarters building. LIMITATION ON RAILROAD UNEMPLOYMENT INSURANCE ADMINISTRATION FUND

For further expenses necessary for the Railroad Retirement Board, for administration of the Railroad Unemployment Insurance 45 USC 367. Act, not less than $16,678,000 shall be apportioned for fiscal year 1985 pursuant to section 3679 of the Revised Statutes, as amended 31 USC 1511 note (31 U.S.C. 655), from moneys credited to the railroad unemployment «t seg. insurance administration fund, and of this amount $3,038,000 shall be derived from contributions credited to the railroad unemployment insurance account and shall be credited to the railroad unemployment insurance administration fund as authorized by section 45 USC 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 398 full-time equivalent employees: Provided further, That $390,000 of the funds provided under this limitation shall be available for construction of a new computer facility in the Railroad Retirement Board's headquarters building. 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, $32,952,000: Provided, That this appropriation shall not be available for the payment of hospitalization of members of the Home in United States Army hospitals at rates in excess of those prescribed by the Secretary of the Army upon recommendation of the Board of Commissioners and the Surgeon General of the Army. CAPITAL OUTLAY

For construction and renovation of the physical plant, to be paid from the Soldiers' and Airmen's Home permanent fund, $9,400,000, to remain available until expended. TITLE V—GENERAL PROVISIONS Prohibitions.

SEC. 501. The expenditure of any appropriation under this Act for any consulting service through procurement contract, pursuant to 5 U.S.C. 3109, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law. 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

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98 STAT. 3333

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 salaries 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 salaries 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 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. 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 admission, attending, employed by, teaching at, or doing research at an institution of higher education who has engaged in conduct on or after August 1, 1969, which involves the use of (or the assistance to others in the use of) force or the threat of force or the seizure of property under the control of an institution of higher education, to require or prevent the availability of certain curricula, or to prevent the faculty, administrative officials, or students in such institution from engaging in their duties or pursuing their studies at such institution. SEC. 507. The Secretaries of Labor, Health and Human Services, and Education are authorized to transfer unexpended balances of prior appropriations to accounts corresponding to current appropriations provided in this Act: Provided, That such transferred balances are used for the same purpose, and for the same periods of time, for which they were originally appropriated. SEC. 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 preparation, distribution, or use of any kit, pamphlet, booklet, publication, radio, television, or film presentation designed to support or defeat legislation pending before the Congress, except in presentation to the Congress itself. 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, Health and Human Services, and Education 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 representation expenses; the Director of the Federal Mediation and Conciliation Service is authorized to make available for official reception and representation expenses not to exceed $2,500 from the funds available for "Salaries and expenses. Federal Mediation and Conciliation Service"; and the Chairman of the National Mediation Board is authorized to make available for official reception and representa-

31-194 0 - 8 6 - 3 1

 * QL.3 Part3

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 98 STAT. 3334

Research and development.

PUBLIC LAW 98-619—NOV. 8, 1984

tion 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 department 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, and medical officers and other health personnel on out-patient medical service who are exempted from such limitations under 31 U.S.C. 1344. SEC. 513. Notwithstanding any other provision of this Act, no funds appropriated by this Act may be used to execute or carry out any contract with a non-governmental entity to administer or manage a Civilian Conservation center of the Job Corps which was not under such a contract as of September 1, 1984. This Act may be cited as the "Departments of Labor, Health and Human Services, and Education and Related Agencies Appropriation Act, 1985". Approved November 8, 1984.

LEGISLATIVE HISTORY—H.R. 6028 (S. 2836): HOUSE REPORTS: No. 98-911 (Comm. on Appropriations) and No. 98-1132 (Comm. of Conference). SENATE REPORT No. 98-544 accompanying S. 2836 (Comm. on Appropriations). CONGRESSIONAL RECORD, Vol. 130 (1984): Aug. 1, considered and passed House. Sept. 21, 25, considered and passed Senate, amended. Oct. 10, House agreed to conference report; receded from its amendments and concurred in certain Senate amendments; Senate agreed to conference report; receded from its amendments and concurred in House amendments.

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 PUBLIC LAW 98-620—NOV. 8, 1984

98 STAT. 3335

Public Law 98-620 98th Congress An Act To amend title 28. United States Code, with respect to the places where court shall be held in certain judicial districts, and for other purposes.

Nov. 8, 1984 [H.R. 6163]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, TITLE I SHORT TITLE

SEC. 101. This title may be cited as the "Trademark Clarification Act of 1984 ".

Trademark Clarification Act of 1984.

15 USC 1051 note.

AMENDMENT TO THE TRADEMARK ACT

SEC. 102. Section 14(c) of the Trademark Act of 1946, commonly known as the Lanham Trademark Act (15 U.S.C. 1064(c)) is amended by adding before the semicolon at the end of such section a period and the following: "A registered mark shall not be deemed to be the common descriptive name of goods or services solely because such mark is also used as a name of or to identify a unique product or service. The primary significance of the registered mark to the relevant public rather than purchaser motivation shall be the test for determining whether the registered mark has become the common descriptive name of goods or services in connection v-^ith which it has been used". DEFINITIONS

SEC. 103. Section 45 of such Act (15 U.S.C. 1127) is amended as follows: (1) Strike out "The term 'trade-mark' includes any word, name, symbol, or device or any combination thereof adopted and used by a manufacturer or merchant to identify his goods and distinguish them from those manufactured or sold by others." and insert in lieu thereof the following: "The term 'trademark' includes any word, name, symbol, or device or any combination thereof adopted and used by a manufacturer or merchant to identify and distinguish his goods, including a unique product, from those manufactured or sold by others and to indicate the source of the goods, even if that source is unknown.". (2) Strike out "The term 'service mark' means a mark used in the sale or advertising of services to identify the services of one person and distinguish them from the services of others." and insert in lieu thereof the following: "The term 'service mark' means a mark used in the sale or advertising of services to identify and distinguish the services of one person, including a unique service, from the services of others and to indicate the source of the services, even if that source is unknown.".

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PUBLIC LAW 98-620—NOV. 8, 1984 (3) Add at the end of subparagraph (b) in the paragraph which begins "A mark shall be deemed to be 'abandoned'", the following new sentence: "Purchaser motivation shall not be a test for determining abandonment under this subparagraph.". JUDGMENTS

15 USC 1064 note. State Justice Institute Act of 1984. 42 USC 10701 note.

SEC. 104. Nothing in this title shall be construed to provide a basis for reopening of any final judgment entered prior to the date of enactment of this title. TITLE II SHORT TITLE

SEC. 201. This title may be cited as the "State Justice Institute Act of 1984". DEFINITIONS

42 USC 10701.

SEC. 202. As used in this title, the term— (1) "Board" means the Board of Directors of the Institute; (2) "Director" means the Executive Director of the Institute; (3) "Governor" means the Chief Executive Officer of a State; (4) "Institute" means the State Justice Institute; (5) "recipient" means any grantee, contractor, or recipient of financial assistance under this title; (6) "State" means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, the Trust Territory of the Pacific Islands, and any other territory or possession of the United States; and (7) "Supreme Court" means the highest appellate court within a State unless, for the purposes of this title, a constitutionally or legislatively established judicial council acts in place of that court. ESTABLISHMENT OF INSTITUTE; DUTIES

eorporation. 42 USC 10702.

SEC. 203. (a) There is established a private nonprofit corporation which shall be known as the State Justice Institute. The purpose of the Institute shall be to further the development and adoption of improved judicial administration in State courts in the United States. The Institute may be incorporated in any State pursuant to section 204(a)(6) of this title. To the extent consistent with the provisions of this title, the Institute may exercise the powers conferred upon a nonprofit corporation by the laws of the State in which it is incorporated. (b) The Institute shall— (1) direct a national program of assistance designed to assure each person ready access to a fair and effective system of justice by providing funds to— (A) State courts; (B) national organizations which support and are supported by State courts; and (C) any other nonprofit organization that will support and achieve the purposes of this title; (2) foster coordination and cooperation with the Federal judiciary in areas of mutual concern;

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(3) promote recognition of the importance of the separation of powers doctrine to an independent judiciary; and (4) encourage education for judges and support personnel of State court systems through national and State organizations, including universities. (c) The Institute shall not duplicate functions adequately performed by existing nonprofit organizations and shall promote, on the part of agencies of State judicial administration, responsibility for the success and effectiveness of State court improvement programs supported by Federal funding. (d) The Institute shall maintain its principal offices in the State in which it is incorporated and shall maintain therein a designated agent to accept service of process for the Institute. Notice to or service upon the agent shall be deemed notice to or service upon the Institute. (e) The Institute, and any program assisted by the Institute, shall be eligible to be treated as an organization described in section 170(c)(2)(B) of the Internal Revenue Code of 1954 (26 U.S.C. 170(c)(2)(B)) and as an organization described in section 501(c)(3) of the Internal Revenue Code of 1954 (26 U.S.C. 501(c)(3)) which is exempt from taxation under section 501(a) of such Code (26 U.S.C. 501(a)). If such treatments are conferred in accordance with the provisions of such Code, the Institute, and programs assisted by the Institute, shall be subject to all provisions of such Code relevant to the conduct of organizations exempt from taxation. (1) The Institute shall afford notice and reasonable opportunity for comment to interested parties prior to issuing rules, regulations, guidelines, and instructions under this title, and it shall publish in the Federal Register, at least thirty days prior to their effective date, all rules, regulations, guidelines, and instructions.

Federal Register, publication.

BOARD OF DIRECTORS

SEC. 204. (a)(1) The Institute shall be supervised by a Board of Directors, consisting of eleven voting members to be appointed by the President, by and with the advice and consent of the Senate. The Board shall have both judicial and nonjudicial members, and shall, to the extent practicable, have a membership representing a variety of backgrounds and reflecting participation and interest in the administration of justice. (2) The Board shall consist of— (A) six judges, to be appointed in the manner provided in paragraph (3); (B) one State court administrator, to be appointed in the manner provided in paragraph (3); and (C) four members from the public sector, no more than two of whom shall be of the same political party, to be appointed in the manner provided in paragraph (4). (3) The President shall appoint six judges and one State court administrator from a list of candidates submitted to the President by the Conference of Chief Justices. The Conference of Chief Justices shall submit a list of at least fourteen individuals, including judges and State court administrators, whom the conference considers best qualified to serve on the Board. Whenever the term of any of the members of the Board described in subparagraphs (A) and (B) terminates and that member is not to be reappointed to a new term, and whenever a vacancy otherwise occurs among those members,

42 USC 10703.

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 98 STAT. 3338

Prohibition.

PUBLIC LAW 98-620—NOV. 8, 1984

the President shall appoint a new member from a list of three qualified individuals submitted to the President by the Conference of Chief Justices. The President may reject any list of individuals submitted by the Conference under this paragraph and, if such a list is so rejected, the President shall request the Conference to submit to him another list of qualified individuals. Prior to consulting with or submitting a list to the President, the Conference of Chief Justices shall obtain and consider the recommendations of all interested organizations and individuals concerned with the administration of justice and the objectives of this title. (4) In addition to those members appointed under paragraph (8), the President shall appoint four members from the public sector to serve on the Board. (5) The President shall make the initial appointments of members of the Board under this subsection within ninety days after the effective date of this title. In the case of any other appointment of a member, the President shall make the appointment not later than ninety days after the previous term expires or the vacancy occurs, as the case may be. The Conference of Chief Justices shall submit lists of candidates under paragraph (H) in a timely manner so that the appointments can be made within the time periods specified in this paragraph. ((i) The initial members of the Board of Directors shall be the incorporators of the Institute and shall determine the State in which the Institute is to be incorporated. (b)(1) Except as provided in paragraph (2), the term of each voting member of the Board shall be three years. Each member of the Board shall continue to serve until the successor to such member has been appointed and qualified. (2) Five of the members first appointed by the President shall serve for a term of two years. Any member appointed to serve an unexpired term which has arisen by virtue of the death, disability, retirement, or resignation of a member shall be appointed only for such unexpired term, but shall be eligible for reappointment. (8) The term of initial members shall commence from the date of the first meeting of the Board, and the term of each member other than an initial member shall commence from the date of termination of the preceding term. (O No member shall be reappointed to more than two consecutive terms immediately following such member's initial term. (d) Members of the Board shall serve without compensation, but shall be reimbursed for actual and necessary expenses incurred in the performance of their official duties. (e) The members of the Board shall not, by reason of such membership, be considered officers or employees of the United States. (f) Each member of the Board shall be entitled to one vote. A simple majority of the membership shall constitute a quorum for the conduct of business. The Board shall act upon the concurrence of a simple majority of the membership present and voting. (g) The Board shall select from among the voting members of the Board a chairman, the first of whom shall serve for a term of three years. Thereafter, the Board shall annually elect a chairman from among its voting members. (h) A member of the Board may be removed by a vote of seven members for malfeasance in office, persistent neglect of, or inability to discharge duties, or for any offense involving moral turpitude, but for no other cause.

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98 STAT. 3339

(i) Regular meetings of the Board shall be held quarterly. Special meetings shall be held from time to time upon the call of the chairman, acting at his own discretion or pursuant to the petition of any seven members. (j) All meetings of the Board, any executive committee of the Board, and any council established in connection with this title, shall be open and subject to the requirements and provisions of section 552b of title 5, United States Code, relating to open meetings. (k) In its direction and supervision of the activities of the Institute, the Board shall— (1) establish policies and develop such programs for the Institute that will further the achievement of its purpose and performance of its functions; (2) establish policy and funding priorities and issue rules, regulations, guidelines, and instructions pursuant to such priorities; (3) appoint and fix the duties of the Executive Director of the Institute, who shall serve at the pleasure of the Board and shall be a nonvoting ex officio member of the Board; (4) present to other Government departments, agencies, and instrumentalities whose programs or activities relate to the administration of justice in the State judiciaries of the United States, the recommendations of the Institute for the improvement of such programs or activities; (5) consider and recommend to both public and private agencies aspects of the operation of the State courts of the United States considered worthy of special study; and (6) award grants and enter into cooperative agreements or contracts pursuant to section 206(a). OFFICERS AND EMPLOYEES

SEC. 205. (a)(1) The Director, subject to general policies established by the Board, shall supervise the activities of persons employed by the Institute and may appoint and remove such employees as he determines necessary to carry out the purposes of the Institute. The Director shall be responsible for the executive and administrative operations of the Institute, and shall perform such duties as are delegated to such Director by the Board and the Institute. (2) No political test or political qualification shall be used in selecting, appointing, promoting, or taking any other personnel action with respect to any officer, agent, or employee of the Institute, or in selecting or monitoring any grantee, contractor, person, or entity receiving financial assistance under this title. (b) Officers and employees of the Institute shall be compensated at rates determined by the Board, but not in excess of the rate of level V of the Executive Schedule specified in section 5316 of title 5, United States Code. (c)(1) Except as otherwise specifically provided in this title, the Institute shall not be considered a department, agency, or instrumentality of the Federal Government. (2) This title does not limit the authority of the Office of Management and Budget to review and submit comments upon the Institute's annual budget request at the time it is transmitted to the Congress.

42 USC 10704.

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