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99 STAT. 1091

(i) uncertainty as to the scope of benefits under any such program is minimized; (ii) any instability in market prices for agricultural commodities resulting from the reduction is minimized; and (iii) normal production and marketing relationships among agricultural commodities (including both contract and non-contract commodities) are not distorted. In meeting the criterion set out in clause (iii) of subparagraph (B) of the preceding sentence, the President shall take into consideration that reductions under an order may apply to programs for two or more agricultural commodities that use the same type of production or marketing resources or that are alternative commodities among which a producer could choose in making annual production decisions. (5) No DOUBLE REDUCTION.—No agricultural price support or income protection program that is subject to reduction under an order issued under section 252 for a fiscal year may be subject, Ante, p. 1072. as well, to modification or suspension under such order as an automatic spending increase. (6) CERTAIN AUTHORITY NOT TO BE LIMITED.—Nothing in this joint resolution shall limit or reduce, in any way, any appropriation that provides the Commodity Credit Corporation with budget authority to cover the Corporation's net realized losses. (k) COMMUNITY AND MIGRANT HEALTH CENTERS, INDLAN HEALTH SERVICES AND FACILITIES, AND VETERANS' MEDICAL CARE.—

(1) The maximum permissible reduction in budget authority for any account listed in paragraph (2) for any fiscal year, pursuant to an order issued under section 252, shall b e ^ (A) 1 percent in the case of the fiscal year 1986, and (B) 2 percent in the case of any subsequent fiscal year. (2) The accounts referred to in paragraph (1) are as follows: (A) Community health centers (75-0350-0-1-550), (B) Migrant health centers (75-0350-0-1-550). (C) Indian health facilities (75-0391-0-1-551). (D) Indian health services (75-0390-0-1-551). (E) Veterans' medical care (36-0160-0-1-703). For purposes of the preceding provisions of this paragraph, programs are identified by the designated budget account identification code numbers set forth in the Budget of the United States Government—Appendix. (1) TREATMENT OF OBLIGATED BALANCES.—

(1) IN GENERAL.—Except as provided in paragraph (2), obligated balances shall not be subject to reduction under an order issued under section 252. Ante, p. 1072. (2) EXCEPTION.—Existing contracts in major functional cat- Contracts. egory 050 (other than (A) those contracts which include a specified penalty for cancellation or modification by the Government and which if so cancelled or modified would result (due to such penalty) in a net loss to the Government for the fiscal year, and (B) those contracts the reduction of which would violate the legal obligations of the Government) shall be subject to reduction, in accordance with section 251(d)(3), under an order issued Ante, p. 1063. under section 252. V (3) DEFINITION.—For purposes of this subsection, the term "existing contracts" shall include all military and civilian con-

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PUBLIC LAW 99-177—DEC. 12, 1985

tracts in major functional category 050 which exist at the time the Order involved is issued under section 252. SEC. 257. DEFINITIONS. For purposes of this title: (1) The term "automatic spending increase" (except as otherAnte, pp. 1082, wise provided in sections 255 and 256) means— 1086. (A) increases in budget outlays due to changes in indexes in the following Federal programs: Black lung benefits (20-8144-0-7-601); Central Intelligence Agency retirement and disability system fund (56-3400-0-1-054); Civil service retirement and disability fund (24-81350-7-602); Comptrollers general retirement system (05-0107-01-801); Foreign service retirement and disability fund (198186-0-7-602); Judicial survivors' annuities fund (10-8110-0-7-602); Longshoremen's and harborworkers' compensation benefits (16-9971-0-7-601); Military retirement fund (97-8097-0-7-602); National Oceanic and Atmospheric Administration retirement (13-1450-0-1-306); Pensions for former Presidents (47-0105-0-1-802); Railroad retirement tier II (60-8011-0-7-601); Retired pay, Coast Guard (69-0241-0-1-403); Retirement pay and medical benefits for commissioned officers, Public Health Service (75-0379-0-1551); Special benefits. Federal Employees' Compensation Act (16-1521-0-1-600); Special benefits for disabled coal miners (75-0409-01-601); and Tax Court judges survivors annuity fund (23-8115-07-602); and (B) increases in budget outlays due to changes in indexes in the following Federal programs: 7 USC 1781 note. National Wool Act (12-4336-0-3-351); Special milk program (12-3502-0-1-605); and Vocational rehabilitation (91-0301-0-1-506). For purposes of the preceding provisions of this paragraph, programs are identified by the designated budget account identification code numbers set forth in the Budget of the •' United States Government, 1986—Appendix. (2) The terms "budget outlays" and "budg:et authority" have the meaning given to such terms in sections 3(1) and 3(2), respectively, of the Congressional Budget and Impoundment 2 USC 622. ' Control Act of 1974. = (3) The term "concurrent resolution on the budget" has the meaning given to such term in section 3(4) of the Congressional Budget and Impoundment Control Act of 1974. (4) The term "deficit" has the meaning given to such term in Ante, p. 1039. section 3(6) of the Congressional Budget and Impoundment Control Act of 1974. (5) The term "maximum deficit amount", with respect to any fiscal year, means the maximum deficit amount for such fiscal

Ante, p. 1072. 2 USC 907.

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year determined under section 3(7) of the Congressional Budget and Impoundment Control Act of 1974. Ante, p. 1039. (6) The term "real economic growth", with respect to any fiscal year, means the growth in the gross national product during such fiscal year, adjusted for inflation, consistent with Department of Commerce definitions. (7) The terms "sequester" and "sequestration" (subject to section 252(a)(4)) refer to or mean the cancellation of new budget Ante, p. 1072. authority, unobligated balances, obligated balances, new loan guarantee commitments, new direct loan obligations, and spending authority as defined in section 401(c)(2) of the Congressional Budget Act of 1974, and the reduction of obligation Ante, p. 1056. limitations. (8) The term "account" means an item for which appropriations are made in any appropriation Act used to determine the budget base, and, for items not provided for in appropriation Acts, such term means an item for which there is a designated budget account identification code number in the Appendix to the President's budget.

PART D—BUDGETARY TREATMENT OF SOCIAL SECURITY TRUST FUNDS SEC. 261. TREATMENT OF TRUST FUNDS. (a) FISCAL YEARS 1986 THROUGH 1992.— (1) IN GENERAL.—Section 710 of the Social Security Act (as added by paragraph (1) of subsection (a) of section 346 of the Social Security Amendments of 1983) is amended— (A) by striking out all beginning with "the" the first place it appears down through "Disability Insurance Trust Fund, the ' and inserting in lieu thereof "the"; (B) by striking out the comma after "Hospital Insurance Trust Fund"; (C) by striking out "sections 1401, 3101, and 3111" and inserting in lieu thereof "sections 1401(b), 3101(b), and 3111(b)"; (D) by redesignating all after the section designation as subsection (\)); (E) by inserting immediately after the section designation the following: "(a) The receipts and disbursements of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund, and the taxes imposed under sections 1401(a), 3101(a), and 3111(a) of the Internal Revenue Code of 1954, shall not be included in the totals of the budget of the United States Government as submitted by the President or of the congressional budget and shall be exempt from any general budget limitation imposed by statute on expenditures and net lending (budget Outlays) of the United States Government."; and (F) by adding at the end thereof the following new subsection: "(c) No provision of law enacted after the date of the enactment of the Balanced Budget and Emergency Deficit C!ontrol Act of 1985 (other than a provision of an appropriation Act that appropriates funds authorized under the Social Security Act as in effect on the date of the enactment of the Balanced Budget and Emergency

42 USC 9ii.

Taxes. 26 USC 1401, 3101, 3111.

Prohibition. 42 USC 1305.

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PUBLIC LAW 99-177—DEC. 12, 1985

Deficit Control Act of 1985) may provide for payments from the general fund of the Treasury to the Federal Old-Age and Survivors Insurance Trust Fund or the Federal Disability Insurance Trust Fund, or for payments from either such Trust Fund to the general fund of the Treasury.". 42 USC 911 note. (2) APPLICATION.—The amendments made by paragraph (1) shall apply with respect to fiscal years beginning after September 30, 1985, and ending before October 1, 1992. 42 USC 911.

42 USC 1305.

(b) FISCAL YEAR 1993

AND THEREAFTER.—Section 710(a) of

the

Social Security Act (42 U.S.C. 911 note), as amended by section 346(b) of the Social Security Amendments of 1983 (to be effective with respect to fiscal years beginning after September 30, 1992) is amended— (1) by inserting "(1)" after the subsection designation; and (2) by adding at the end thereof the following new paragraph: "(2) No provision of law enacted after the date of the enactment of the Balanced Budget and Emergency Deficit Control Act of 1985 (other than a provision of an appropriation Act that appropriates funds authorized under the Social Security Act as in effect on the date of the enactment of the Balanced Budget and Emergency Deficit Control Act of 1985) may provide for payments from the general fund of the Treasury to any Trust Fund specified in paragraph (1) or for payments from any such Trust Fund to the general fund of the Treasury.".

PART E—MISCELLANEOUS AND RELATED PROVISIONS SEC. 271. WAIVERS AND SUSPENSIONS: RULEMAKING POWERS. 2 USC 621 note.

Ante, pp. 1047, 1050. 2 USC 901 note.

(a) BuDGET ACT WAIVERS IN THE SENATE.—Section 904 of the

Congressional Budget Act of 1974 is amended by subsection (c) as subsection (d), and by inserting after the following new subsection: "(c) Sections 305(b)(2) and 306 of this Act may suspended in the Senate only by the affirmative vote of the Members, duly chosen and sworn.".

redesignating subsection (b) be waived or of three-fifths

(b) OTHER W A IV E R S AND SUSPENSIONS IN THE SENATE.—SectionS

Ante, pp. 1040, 1044, 1047, 1053, ^^^^

301(i), 302(f), 304(b), 310(d), 310(g), and 311(a) of the Congressional Budget Act of 1974 may be waived or suspended in the Senate only by the affirmative vote of three-fifths of the Members, duly chosen and sworn. This subsection shall not apply to any joint resolution reported or discharged pursuant to section 254(a) of this joint resolu-

Ante, p. 1078.

tion.

2 USC 901 note.

(c) RULEMAKING PowERS.—The provisions of this title, other than those relating to the activities of the executive and judicial branches of the Government, are enacted by the Congress— (1) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such they shall be considered as part of the rules of each House, respectively, or of that House to which they specifically apply, and such rules shall supersede other rules only to the extent that they are inconsistent therewith; and (2) with full recognition of the constitutional right of either House to change such rules (so far as relating to such House) at any time, in the same manner and to the same extent as in the case of any other rule of such House.

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99 STAT. 1095

SEC. 272. RESTORATION OF TRUST FUND INVESTMENTS.

2 USC 901 note.

(a) RESTORATION OF SOCIAL SECURITY TRUST FUNDS AND CERTAIN OTHER FUNDS.—

(1) REISSUANCE OF OBLIGATIONS.—The Secretary of the Treas-

ury shall immediately reissue to each fund listed in paragraph (3) obligations under chapter 31 of title 31, United States Code, which are identical, with respect to interest rate and maturity, to public debt obligations held by such fund which— (A) were redeemed during the period beginning with September 1, 1985, and ending with September 29, 1985, and (B) as determined by such Secretary on the basis of standard investment procedures for such fund in effect on September 1, 1985, would not have been redeemed if H.J. Res. 372 (99th Congress, 1st Session), as deemed passed by the House of Representatives on August 1, 1985, had been enacted into law on August 1, 1985. Such obligations shall be substituted for obligations which are held by such fund on the date of the enactment of this joint resolution in a manner which will ensure that, after such substitution, the holdings of such fund will replicate to the maximum extent practicable the holdings which would have been held by such fund on such date if H.J. Res. 372 (99th Congress, 1st Session), as deemed passed by the House of Representatives on August 1, 1985, had been enacted into law on August 1, 1985.

3i use 3ioi e< seq.

Ante, p. 1037.

Ante, p. 1037.

(2) APPROPRIATION TO FUNDS OF INTEREST LOST ON OR AFTER

SEPTEMBER 1, 1985.—The Secretary of the Treasury shall pay on the normal interest payment date to each fund listed in paragraph (3), from amounts in the general fund of the Treasury not otherwise appropriated, an amount determined by such Secretary to be equal to the excess of^ (A) the net amount of interest which would have been earned by such fund, during the period beginning with September 1, 1985, and ending with the date of the enactment of this joint resolution, if all noninvestments, redemptions, and disinvestments with respect to such fund which— (i) occurred during such period, and (ii) would not have occurred if H.J. Res. 372 (99th Congress, 1st Session), as deemed passed by the House Ante, p. 1037. of Representatives on August 1, 1985, had been enacted into law on August 1, 1985, had not occurred, over (B) the net amount of interest actually earned by such fund during such period. (3) FUNDS AFFECTED.—The funds referred to in paragraphs (1) and (2) are the following: (A) the Federal Old-Age and Survivors Insurance Trust Fund, (B) the Federal Disability Insurance Trust Fund, (C) the Federal Hospital Insurance Trust Fund, (D) the Federal Supplementary Medical Insurance Trust Fund, (E) the Railroad Retirement Account, (F) the Civil Service Retirement and Disability Fund, and

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 99 STAT. 1096

PUBLIC LAW 99-177—DEC. 12, 1985 (G) all other funds (other than the funds referred to in subsection (b) or (c)) listed in Table III of the Monthly Statement of the Public Debt issued by the Department of the Treasury for November 30, 1985.

,

(b) RESTORATION OF DEPARTMENT OF DEFENSE MILITARY RETIREMENTFUND.—

(1) ISSUANCE OF OBLIGATIONS.—The Secretary of the Treasury

31 USC 3101 ^^ 5^9 Ante, p. 1037.

shall immediately issue to the Department of Defense Military Retirement Fund obligations under chapter 31 of title 31, United States Code, which such Secretary, in consultation with the Secretary of Defense, determine s would h a v e been issued to such fund on October 1, 1985, if H.J. Res. 372 (99th Congress, 1st Session), a s deemed passed by the House of Representatives o n August 1, 1985, h a d been enacted into law o n August 1, 1985. Such obligations shall b e market-based special obligations issued at prices, including accrued interest, prevailing for such obligations on October 1, 1985. Such obligations shall be substituted for all obligations which were purchased by such fund during the period beginning with October 1, 1985, and ending with November 14, 1985, with amounts which were transferred to such fund on October 1, 1985. (2) APPROPRIATION TO FUND OF INTEREST LOST ON OR AFTER OCTOBER 1, 1985.—

(A) IN GENERAL.—The Secretary of the Treasury shall immediately pay to the Department of Defense Military Retirement Fund, from amounts in the general fund of the Treasury not otherwise appropriated, an amount determined by such Secretary, in consultation with the Secretary of Defense, to be equal to the excess of— (i) the interest which would have been earned by such fund during the period beginning with October 1, 1985, and ending with November 14, 1985, if the obligations issued pursuant to paragraph (1) had been issued on October 1, 1985, over (ii) the amount of interest actually collected by such fund during such period on obligations purchased by such fund with amounts which were transferred to such fund on October 1, 1985. (B) INVESTMENT OF INTEREST RECEIPTS.—The Secretary of

the Treasury shall immediately invest the amount paid to the Department of Defense Military Retirement Fund pursuant to subparagraph (A) in obligations designated by the Secretary of Defense. Such obligations shall be marketbased special obligations issued with an issue date of November 15, 1985, and at prices, including accrued interest, prevailing for such obligations on November 15, 1985. (c) APPROPRIATION TO CERTAIN FUNDS WITH UNINVESTED BALANCES AFTER DECEMBER 6, 1985.—

31 USC 3101 et seq.

RESPECT TO

(1) IN GENERAL.—The Secretary of the Treasury shall immediately pay, from amounts in the general fund not otherwise appropriated, to each fund which is listed in Table III of the Monthly Statement of the Public Debt issued by the Department of the Treasury for November 30, 1985, and which invests in market-based special obligations under chapter 31 of title 31, United States Code, an amount equal to the interest which would have been earned by such fund during the period begin-

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99 STAT. 1097

ning with December 7, 1985, and ending with the date of the enactment of this joint resolution, if the daily balance in such fund which the Secretary of the Treasury was requested to invest during such period but was unable to invest, because of the expiration of the temporary debt limit, had been invested each day during such period, overnight, in obligations under such chapter 31 earning interest at a rate determined by the Secretary of the Treasury in accordance with the standard practice of the Department of the Treasury. (2) EXPIRATION OF TEMPORARY DEBT LIMIT DEFINED.—For purposes of paragraph (1), the term "expiration of the temporary debt limit" means the expiration of the period described in section 1 of the Act entitled "An Act to temporarily increase the limit on the public debt and to restore the investments of the Social Security Trust Funds and other trust funds", approved November 14, 1985 (Public Law 99-155).

Ante, p. 814.

(d) ADDITIONAL APPROPRIATION TO O A S D I TRUST FUNDS OF INTEREST LOST FROM ACTIONS TAKEN I N SEPTEMBER AND OCTOBER

1984.— (1) IN GENERAL.—On December 31, 1985, the Secretary of the Treasury shall pay to the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund, from amounts in the general fund of the Treasury not otherwise appropriated, amounts determined under this subsection. (2) AMOUNT PAID TO EACH TRUST FUND.—The amount paid to each such Trust Fund pursuant to paragraph (1) shall be an amount determined jointly by the Secretary of the Treasury and the Secretary of Health and Human Services to be sufficient to fully compensate such Trust Fund for interest losses arising from the premature redemption, during the period beginning with September 1, 1984, and ending with October 31, 1984, of securities maturing during the period beginning with calendar year 1987 and ending with calendar year 1991. (3) LIMITATION.—The total amount paid from the general fund of the Treasury pursuant to paragraph (1) shall not exceed $550,000,000. (4) ADJUSTMENTS.— (A) DETERMINATION OF SHORTFALLS AND EXCESSES IN PAYMENTS TO TRUST FUNDS.—As soon as practicable after May

31, 1986, the Secretary of the Treasury and the Secretary of Health and Human Services shall jointly determine any shortfall or excess in the amount paid to each Trust Fund pursuant to paragraph (1) caused by— (i) the difference between actual interest rates and interest rates assumed for purposes of paragraph (1), and (ii) the difference between the actual amount of secu^' rities redeemed in January 1986 for purposes of compliance with section 201(1)(3)(B) of the Social Security Act 42 USC 401. and the amount of securities assumed for purposes of paragraph (1) to be redeemed in such month for purposes of compliance with such section. (B) PAYMENT OF SHORTFALLS AND EXCESSES.—On June 30, 1986, the Secretary of the Treasury shall— (i) in the case of a shortfall in the amount paid to either Trust Fund determined pursuant to subpara-

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PUBLIC LAW 99-177—DEC. 12, 1985 graph (A), pay to such Trust Fund, from amounts in the general fund of the Treasury not otherwise appropriated, the amount of such shortfall, or (ii) in the case of an excess in the amount paid to either Trust Fund determined pursuant to subparagraph (A), pay to the general fund of the Treasury, from such Trust Fund, the gunount of such excess (but not to exceed the amount paid to such Trust Fund pursuant to paragraph (1)).

2 USC 921.

SEC. 273. REVENUE ESTIMATES.

For the purposes of revenue legislation which is income, estate and gift, excise, and payroll taxes (i.e.. Social Security), considered or enacted in any session of Congress, the Congressional Budget Office shall use exclusively during that session of Congress revenue estimates provided to it by the Joint Committee on Taxation. During that session of Congress such revenue estimates shall be transmitted by the Congressional Budget Office to any committee of the House of Representatives or the Senate requesting such estimates, and shall be used by such Committees in determining such estimates. The Budget Committees of the Senate and House shall determine all estimates with respect to scoring points of order and with respect to the execution of the purposes of this title and the Congressional 2 USC 621 note. Budget and Impoundment Control Act of 1974. 2 USC 922.

SEC. 274. JUDICIAL REVIEW. (a) EXPEDITED REVIEW.—

Ante, p. 1072.

98 Stat. 3359.

(1) Any Member of Congress may bring an action, in the United States District Court for the District of Columbia, for declaratory judgment and injunctive relief on the ground that any order that might be issued pursuant to section 252 violates the Constitution. (2) Any Member of Congress, or any other person adversely affected by any action taken under this title, may bring an action, in the United States District Court for the District of C!olumbia, for declaratory judgment and injunctive relief concerning the constitutionality of this title. (3) Any Member of Congress may bring an action, in the United States District Court for the District of Columbia, for declaratory and injunctive relief on the ground that the terms of an order issued under section 252 do not comply with the requirements of this title. (4) A copy of any complaint in an action brought under paragraph (1), (2), or (3) shall be promptly delivered to the Secretary of the Senate and the Clerk of the House of Representatives, and each House of Congress shall have the right to intervene in such action. (5) Any action brought under paragraph (1), (2), or (3) shall be heard and determined by a three-judge court in accordance with section 2284 of title 28, United States Code. Nothing in this section or in any other law shall infringe upon the right of the House of Representatives to intervene in an action brought under paragraph (1), (2), or (3) without the necessity of adopting a resolution to authorize such intervention. (b) APPEAL TO SUPREME COURT.—Notwithstanding any other provision of law, any order of the United States District Court for the District of Columbia which is issued pursuant to an action brought

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99 STAT. 1099

under paragraph (1), (2), or (3) of subsection (a) shall be reviewable by appeal directly to the Supreme Court of the United States. Any such appeal shall be taken by a notice of appeal filed within 10 days after such order is entered; and the jurisdictional statement shall be filed within 30 days after such order is entered. No stay of an order issued pursuant to an action brought under p a r g ^ a p h (1), (2), or (3) of subsection (a) shall be issued by a single Justice of the Supreme Court. (c) EXPEDITED CONSIDERATION.—It shall be the duty of the District Court for the District of Columbia and the Supreme Court of the United States to advance on the docket and to expedite to the greatest possible extent the disposition of any matter brought under subsection (a). (d) NONCOMPLIANCE WITH SEQUESTRATION PROCEDURES.—

(1) If it is finally determined by a court of competent jurisdiction that an order issued by the President under section 2520?) for any fiscal year— (A) does not reduce automatic spending increases under any program specified in section 257(1) to the extent that such increases are required to be reduced by part C of this title (or reduces such increases by a greater extent than is so required), (B) does not sequester the amount of new budget authority, new loan guarantee commitments, new direct loan obligations, or spending authority which is required to be sequestered by such part (or sequesters more than that amount) with respect to any program, project, activity, or account, or (C) does not reduce obligation limitations by the amount by which such limitations are required to be reduced under such part (or reduces such limitations by more than that amount) with respect to any program, project, activity, or account, the President shall, within 20 days after such determination is made, revise the order in accordance with such determination. (2) If the order issued by the President under section 252(b) for any fiscal year— (A) does not reduce any automatic spending increase to the extent that such increase is required to be reduced by part C of this title, (B) does not sequester any amount of new budget authority, new loan guarantee commitments, new direct loan obligations, or spending authority which is required to be sequestered by such part, or (C) does not reduce any obligation limitation by the amount by which such limitation is required to be reduced under such part, on the claim or defense that the constitutional powers of the President prevent such sequestration or reduction or permit the avoidance of such sequestration or reduction, and such claim or defense is finally determined by the Supreme Court of the United States to be valid, then the entire order issued pursuant to section 252(b) for such fiscal year shall be null and void. (e) TIMING OF REUEF.—No order of any court granting declaratory or injunctive relief from the order of the President issued under section 252, including but not limited to relief permitting or requiring the expenditure of funds sequestered by such order, shall take

Ante, p. 1072. Ante, p. 1092. Ante, p. 1063.

President of U.S. Ante, p. 1072.

Ante, p. 1072.

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PUBLIC LAW 99-177—DEC. 12, 1985

effect during the pendency of the action before such court, during the time appeal may be taken, or, if appeal is taken, during the period before the court to which such appeal is taken has entered its final order disposing of such action. (f) ALTERNATIVE PROCEDURES FOR THE JOINT REPORTS OF THE DIRECTORS.—

Ante, p. 1063.

Ante, p. 1078.

Ante, p. 1063.

2 USC 901 note.

(1) In the event that any of the reporting procedures described in section 251 are invalidated, then any report of the Directors referred to in section 251(a) or (c)(1) shall be transmitted to the joint committee established under this subsection. (2) Upon the invalidation of any such procedure there is established a Temporary Joint Committee on Deficit Reduction, composed of the entire membership of the Budget Committees of the House of Representatives and the Senate. The Chairman of these two committees shall act as Co-Chairmen of the Joint Committee. Actions taken by the Joint Committee shall be determined by the majority vote of the members representing each House. The purposes of the Joint Committee are to receive the reports of the Directors as described in paragraph (1), and to report (with respect to each such report of the Directors) a joint resolution as described in paragraph (3). (3) No later than 5 days after the receipt of a report of the Directors in accordance with paragraph (1), the Joint Committee shall report to the House of Representatives and the Senate a joint resolution setting forth the contents of the report of the Directors. (4) The provisions relating to the consideration of a joint resolution under section 254(a)(4) shall apply to the consideration of a joint resolution reported pursuant to this subsection in the House of Representatives and the Senate, except that debate in each House shall be limited to two hours. (5) Upon its enactment, the joint resolution shall be deemed to be the report received by the President under section 251(b) or (c)(2) (whichever is applicable). (g) PRESERVATION OF OTHER RIGHTS.—The rights created by this section are in addition to the rights of any person under law, subject to subsection (e). (h) ECONOMIC DATA, ASSUMPTIONS, AND METHODOLOGIES.—The economic data, assumptions, and methodologies used by the Comptroller General in computing the base levels of total revenues and total budget outlays, as specified in any report issued by the Comptroller General under section 251(b) or (c)(2), shall not be subject to review in any judicial or administrative proceeding. SEC. 275. EFFECTIVE DATES. (a) IN GENERAL.—

Ante, p. 1039. Ante, p. 1044. Ante, p. 1053.

(1) Except as provided in paragraph (2) and in subsections (b) and (c), this title and the amendments made by this title shall become effective on the date of the enactment of this title and shall apply with respect to fiscal years beginning after September 30, 1985. (2)(A) The amendment made by section 201(a)(2), and the amendment made by section 201(b) insofar as it relates to subsections (c), (f), and (g) of section 302 of the Congressioned Budget Act of 1974 and to subsections (c), (d), and (g) of section 310 of that Act), shall become effective April 15, 1986.

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(B) The amendment made by section 212 shall become effective February 1, 1986.

Ante, p. 1058.

(b) EXPIRATION.—

(1) Part C of this title, and the other provisions contained in Ante, p. 1063. or added by this title which are listed in paragraph (2), shall expire September 30, 1991. (2) The other provisions referred to in paragraph (1) are as follows: (A) section 3(7) of the Congressional Budget and Impoundment Control Act of 1974 and the second sentence of section Ante, p. 1039. 3(6) of such Act (as added by section 201(a)(1) of this joint resolution); (B) sections 301(i) and 304(b) of the Congressional Budget Act of 1974 and the portion of section 311(a) of such Act Ante, pp. 1040, which begins with "or, in the Senate" and ends with "para- 10^7, 1050. graph (2) of such subsection)" (as added by section 201(b) of this joint resolution); (C) sections 1105(f) and 1106(c) of title 31, United States Ante, p. 1063. Code (as added by sections 241(b) and 242(b) of this joint resolution); and (D) section 271(b) of this joint resolution. Ante, p. 1094. (c) OASDI TRUST FUNDS.—The amendments made by part D shall ^"^«' P IO93. apply as provided in such part. Approved December 12, 1985.

LEGISLATIVE HISTORY—H.J. Res. 372: HOUSE REPORTS: No. 99-351 and No. 99-433 (Comm. of Conference). SENATE REPORT No. 99-144 (Comm. on Finance). CONGRESSIONAL RECORD, Vol. 131 (1985): Aug. 1, Sept. 4, considered and passed House. Oct. 3-6, 8-10, considered and passed Senate, amended. Nov. 1, House receded and concurred in Senate amendment, in others with amendments. Nov. 1, 4-6, Senate agreed to conference report; concurred in House amendments with amendments. Nov. 6, House disagreed to Senate amendments. Nov. 7, Senate insisted on amendments; agreed to further conference. Dec. 11, House and Senate agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 21, No. 50 (1985): Dec. 12, Presidential statement.

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 99 STAT. 1102

PUBLIC LAW 99-178—DEC. 12, 1985

Public Law 99-178 99th Congress An Act Dec. 12, 1985 [H.R. 3424]

Departments of Labor, Health and Human Services, and Education and Related Agencies Appropriation Act, 1986. Department of Labor Appropriation Act, 1986.

Making appropriations for the Departments of Labor, Health and Human Services, and Education, and related agencies, for the fiscal year ending September 30, 1986, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Departments of Labor, Health and Human Services, and Education, and related agencies for the fiscal year ending September 30, 1986, and for other purposes, namely: TITLE I—DEPARTMENT OF LABOR EMPLOYMENT AND TRAINING ADMINISTRATION PROGRAM ADMINISTRATION

For expenses of administering employment and training programs, $68,155,000, together with not to exceed $42,666,000 which may be expended from the Employment Security Administration account in the Unemployment Trust Fund. TRAINING AND EMPLOYMENT SERVICES 29 USC 1501 note.

29 USC 1511. 29 USC 1602, 1631.

For expenses necessary to carry into effect the Job Training Partnership Act, including the purchase and hire of passenger motor vehicles, the construction, alteration, and repair of buildings and other facilities, and the purchase of real property for training centers as authorized by the Job Training Partnership Act, $3,461,045,000 plus reimbursements, to be available for obligation for the period July 1, 1986, through June 30, 1987, including $2,000,000 for the National Commission for Employment Policy, including $3,000,000 for all activities conducted by and through the National Occupational Information Coordinating Committee under the Job Training Partnership Act, and including $10,000,000 for service delivery areas under section 101(a)(4)(A)(iii) of the Job Training Partnership Act in addition to amounts otherwise provided under sections 202 and 251(b) of the Act: Provided, That no funds from any other appropriation shall be used to provide meal services at or for Job Corps centers: Provided further, That of the funds made available for obligation for the Summer Youth Emplo3rment and Training Program for the program years 1985 and 1986 the Secretary of Labor may reserve an amount, which, when combined with excess unexpended funds, shall not exceed fifteen percent of the total provided for the program, and allot such funds to the States so that each service delivery area receives, as nearly as possible, an amount equal to its prior year allocation for this program. For the purposes of this provision, "excess unexpended funds" shall mean for program year 1985, any amount unexpended as of September 30,

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Page:United States Statutes at Large Volume 99 Part 1.djvu/1125

 PUBLIC LAW 99-178—DEC. 12, 1985

99 STAT. 1103

1985, in excess of 10 percent of the prior year State allotment, and for program year 1986, any amount unexpended as of September 30, 1986, in excess of 10 percent of the prior year State allotment. Reallocations of excess unexpended funds pursuant to this provision shall be accomplished by reducing, by an amount equivalent to the amount of excess unexpended funds, allotments made to the States. COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS

To carry out the activities for national grants or contracts with public agencies and public or private nonprofit organizations under paragraph (I)(A) of section 506(a) of title V of the Older Americans Act of 1965, as amended, $254,280,000. To carry out the activities for grants to States under paragraph (3) of section 506(a) of title V of the Older Americans Act of 1965, as amended, $71,720,000.

Grants. Contracts. 42 USC 3056d. Grants.

FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES

For payments during the current fiscal year of benefits and payments as authorize! by title II of Public Law 95-250, as amended, and of trade adjustment benefit payments and allowances, 92 Stat. 172. as provided by law (part I, subchapter B, chapter 2, title II of the Trade Act of 1974, as amended) $10,000,000, together with such 19 USC 2291. amounts as may be necessary to be charged to the subsequent appropriation for payments for any period subsequent to September 15 of the current year: Provided, That amounts received or recovered pursuant to section 208(e) of Public Law 95-250 shall be 92 Stat. 179. available for payments. STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT SERVICE OPERATIONS

For activities authorized by the Act of June 6, 1933, as amended Study. (29 U.S.C. 49-491-1; 39 U.S.C. 3202(a)(l)(E)); title III of the Social 29 USC 49-49/-1. Security Act, as amended (42 U.S.C. 502-504); necessary administrative expenses for carrying out 5 U.S.C. 8501-8523, and sections 231235 and 243-244, title II of the Trade Act of 1974, as amended; and as 19 USC authorized by section 7c of the Act of June 6, 1933, as amended, 2291-2294, necessary administrative expenses under sections 101(a)(15XHXii) 2315, 2316. and 212(a)(14) of the Immigration and Nationality Act, as amended 29 USC 49f. (8 U.S.C. 1101 et seq.), and section 51 of the Internal Revenue Code of 1954, as amended (26 U.S.C. 51), notwithstanding section 261(f)(2)(A) of the Economic Recovery Tax Act of 1981, as amended, 98 Stat. 1042. $23,600,000, together with not to exceed $2,456,240,000 which may be 26 USC 51 note. expended from the Employment Security Administration account in the Unemployment Trust Fund, and of which not to exceed $250,000, of the amount which may be expended from said Trust Fund for Employment Service purposes, shall be used by the Secretary of Labor to conduct a study, to be submitted to Congress prior to June 1, 1986, designed to examine the status of automation in the labor exchange process throughout the Employment Service system, and to develop recommendations (including cost estimates) necessary to ensure the most efficient and effective job matching program within each State and among the States (known as the Interstate Job Bank System), and of which $22,700,000 together with not to exceed $769,500,000 of the amount which may be expended from said trust fund shall be available for obligation for the period

51-194 O

-

37

QL. 3

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Page:United States Statutes at Large Volume 99 Part 1.djvu/1126

 99 STAT. 1104 29 USC 49e.

PUBLIC LAW 99-178—DEC. 12, 1985

July 1, 1986, through June 30, 1987, to fund activities under section 6 of the Act of June 6, 1933, as amended, including the cost of penalty mail made available to States in lieu of allotments for such purpose, and of which $283,532,000 shall be available only to the extent necessary to administer unemployment compensation laws to meet increased costs of administration resulting from changes in a State law or increases in the number of unemployment insurance claims filed and claims paid or increased salary costs resulting from changes in State salary compensation plans embracing employees of the State generally over those upon which the States basic allocation was based, which cannot be provided for by normal budgetary adjustments. ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND OTHER FUNDS

For repayable advances to the Unemployment Trust Fund as authorized by sections 905(d) and 1203 of the Social Security Act, as amended, and to the Black Lung Disability Trust Fund as authorized by section 9501(c)(l) of the Internal Revenue Code of 26 USC 9501. 1954, as amended, and for nonrepayable advances to the Unemployment Trust Fund as authorized by section 8509 of title 5, United " States Code, and to the "Federal unemployment benefits and allowances" account, to remain available until September 30, 1987, • ^ $465,000,000. 42 USC 11.05, 1323.

LABOR-MANAGEMENT SERVICES ^~

For necessary $57,505,000.

SALARIES AND E X P E N S E S

expenses

for

Labor-Management

Services,

PENSION BENEFIT GUARANTY CORPORATION PENSION BENEFIT GUARANTY CORPORATION FUND

contracts.

The Pension Benefit Guaranty Corporation is authorized to make such expenditures, including financial assistance authorized by sec94 Stat. 1217. tion 104 of Public Law 96-364, within limits of funds and borrowing authority available to such Corporation, and in accord with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act, as amended (31 U.S.C. 9104), as may be necessary in carrying out the program through September 30, 1986, for such Corporation: Provided, That not to exceed $33,040,000 shall s. be available for administrative expenses of the Corporation. EMPLOYMENT STANDARDS ADMINISTRATION SALARIES AND EXPENSES

For necessary expenses for the Employment Standards Administration, including reimbursement to State, Federal, and local agencies and their employees for inspection services rendered, $190,318,000, of which not to exceed $8,000,000 shall be available for obligation through September 30, 1987, for acquisition of computer equipment and software for the Federal Employees' Compensation Level II System, together with $406,000, which may be expended

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Page:United States Statutes at Large Volume 99 Part 1.djvu/1127

 PUBLIC LAW 99-178—DEC. 12, 1985

99 STAT. 1105

from the Special Fund in accordance with sections 39(c) and 44(j) of the Longshoremen's and Harbor Workers' Compensation Act.

33 USC 939. 98 Stat. 1654.

SPECIAL BENEFITS (INCLUDING TRANSFER OF FUNDS)

For the payment of compensation, benefits, and expenses (except administrative expenses) accruing during the current or any prior fiscal year authorized by title V, chapter 81 of the United States Code; continuation of benefits as provided for under the head "Civilian War Benefits" in the Federal Security Agency Appropriation Act, 1947; the Employees' Compensation Commission Appropriation Act, 1944; and sections 4(c) and 5(0 of the War Claims Act of 1948 (50 U.S.C. App. 2012); and 50 per centum of the additional compensation and benefits required by section 10(h) of the Longshoremen's and Harbor Workers' Compensation Act, as amended, $259,500,000, together with such amounts as may be necessary to be charged to the subsequent year appropriation for the payment of compensation and other benefits for any period subsequent to September 15 of the current year: Provided, That in addition there shall be transferred from the Postal Service fund to this appropriation such sums as the Secretary of Labor determines to be the cost of administration for Postal Service employees through September 30, 1986.

5 USC 8101 ^* ««961 Stat. 260. 58 Stat. 566. 42 USC 1702; 50 USC 2004. 33 USC 910.

BLACK LUNG DISABILITY TRUST FUND

For payments from the Black Lung Disability Trust Fund, $988,422,000, of which $942,868,000 shall be available until September 30, 1987, for payment of all benefits and interest on advances under subsection (c)(2) of section 9501 of the Internal Revenue Code of 1954, as amended, as authorized by section 9501(d)(1), (2), (4), and 26 USC 9501. (7) of that Act and of which $25,481,000 shall be available for transfer to Employment Standards Administration, Salaries and Expenses, and $19,697,000 for transfer to Departmental Management, Salaries and Expenses, and $376,000 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, other benefits, or interest on advances 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)ofthatAct. OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION SALARIES AND EXPENSES

For necessary expenses for the Occupational Safety and Health Grants. Administration, $218,045,000, including not to exceed $53,021,000, which shall be the maximum amount available for grants to States under section 23(g) of the Occupational Safety and Health Act, 29 USC 672. which grants shall be no less than fifty percent of the costs of State

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Page:United States Statutes at Large Volume 99 Part 1.djvu/1128

 99 STAT. 1106

PUBLIC LAW 99-178—DEC. 12, 1985

occupational safety and health programs required to be incurred under plans approved by the Secretary under section 18 of the Prohibition. Occupational Safety and Health Act of 1970: Provided, That none of 29 USC 667. the funds appropriated under this paragraph shall be obligated or expended for the assessment of civil penalties issued for first instance violations of any standard, rule, or regulation promulgated 29 USC 651 note. under the Occupational Safety and Health Act of 1970 (other than 29 USC 666. serious, willful, or repeated violations under section 17 of the Act) resulting from the inspection of any establishment or workplace subject to the Act, unless such establishment or workplace is cited, on the basis of such inspection, for ten or more violations: Provided further, That none of the funds appropriated under this paragraph Prohibition. 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 Prohibition. 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 approProhibition. priated under this paragraph shall be obligated or expended to administer or enforce any standard, rule, regulation, or order under the Occupational Safety and Health Act of 1970 with respect to any employer of ten or fewer employees who is included within a category having an occupational injury lost work day case rate, at the most precise Standard Industrial Classification Code for which such data are published, less than the national average rate as such rates are most recently published by the Secretary, acting through the Bureau of Labor Statistics, in accordance with section 24 of that Act (29 U.S.C. 673), except— (1) to provide, as authorized by such Act, consultation, technical assistance, educational and training services, and to conduct surveys and studies; (2) to conduct an inspection or investigation in response to an employee complednt, 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

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Page:United States Statutes at Large Volume 99 Part 1.djvu/1129

 PUBLIC LAW 99-178—DEC. 12, 1985

99 STAT. 1107

under this paragraph shall be obligated or expended for the proposal or assessment of any civil penalties for the violation or alleged violation by an employer of ten or fewer employees of any standard, rule, regulation, or order promulgated under the Occupational Safety and Health Act of 1970 (other than serious, willful or repeated violations and violations which pose imminent danger under section 13 of the Act) if, prior to the inspection which gives rise to the alleged violation, the employer cited has (1) voluntarily requested consultation under a program operated pursuant to section 7(c)(l) or section 18 of the Occupational Safety and Health Act of 1970 or from a private consultative source approved by the Administration and (2) had the consultant examine the condition cited and (3) made or is in the process of making a reasonable good faith effort to eliminate the hazard created by the condition cited as such, which was identified by the aforementioned consultant, unless changing circumstances or workplace conditions render inapplicable the advice obtained from such consultants: Provided further, That none of the funds appropriated under this paragraph may be obligated or expended for any State plan monitoring visit by the Secretary of Labor 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 a worker complaint regarding a violation of such Act, or in order to investigate a discrimination complaint under section 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 granted to the Occupational Safety and Health Administration by any provision of the Outer Continental Shelf Lands Act, or the Outer Continental Shelf Lands Act Amendments of 1978.

29 USC 651 note. 29 USC 662. 29 USC 656, 667.

Prohibition,

29 USC 660.

43 USC 1301 note. 43 USC 1801

M I N E SAFETY AND H E A L T H ADMINISTRATION SALARIES AND EXPENSES

For necessary expenses for the Mine Safety and Health Administration, $151,679,000, including purchase and bestowal of certificates and trophies in connection with mine rescue and first-aid work, and the purchase of not to exceed fifty-two passenger motor vehicles for replacement only; the Secretary is authorized to accept lands, build- 30 USC 962. 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

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Page:United States Statutes at Large Volume 99 Part 1.djvu/1130

 99 STAT. 1108

PUBLIC LAW 99-178—DEC. 12, 1985

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.

Prohibition. 30 USC 825. 30 USC 814.

"^

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, $158,640,000, of which $13,258,000 shall be for expenses of revising the Consumer Price Index, together with not to exceed $36,309,000, which may be expended from the Emplo3anent Security Administration account in the Unemployment Trust Fund: Provided, That $5,848,000 shall remain available until September 30, 1987. DEPARTMENTAL MANAGEMENT SALARIES AND EXPENSES

For necessary expenses for Departmental Mangigement, including $2,136,000 for the President's Committee on Employment of the Handicapped, $99,303,000, together with not to exceed $252,000 which may be expended from the Employment Security Administration account in the Unemployment Trust Fund. A S S I S T A N T SECRETARY FOR VETERANS EMPLOYMENT AND TRAINING

Not to exceed $132,975,000 may be derived from the Employment Security Administration account in the Unemployment Trust Fund to carry out the provisions of 38 U.S.C. 2001-08 and 2021-26.

5 USC app.

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, $38,730,000, together with not to exceed $3,231,000 which may be expended from the Employment Security Administration account in the Unemployment Trust Fund. SPECIAL FOREIGN CURRENCY PROGRAM

For payments in foreign currencies which the Treasury Department determines to be excess to the normal requirements of the United States, for necessary expenses of the Department of Labor, as authorized by law, $47,000, to remain available until expended. This appropriation shall be available in addition to other appropriations to such agency for payments in foreign currencies. GENERAL PROVISIONS

SEC. 101. Appropriations in this Act available for salaries and expenses shall be avgiilable for supplies, services, and rental of

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Page:United States Statutes at Large Volume 99 Part 1.djvu/1131

 PUBLIC LAW 99-178—DEC. 12, 1985

99 STAT. 1109

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 used to grant variances, interim orders or letters of clarification to 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 workers' health or safety. This title may be cited as the "Department of Labor Appropriation Act, 1986". TITLE II—DEPARTMENT OF HEALTH AND HUMAN SERVICES

Prohibitions. Hazardous materials.

Department of Health and Human Services Appropriation Act, 1986.

HEALTH RESOURCES AND SERVICES ADMINISTRATION HEALTH RESOURCES AND SERVICES

For carrying out titles III, IV, VII, VIII, XV, XVI, XIX, and XXI of the Public Health Service Act, and section 427(a) of the Federal Coal Mine Health and Safety Act, and title V of the Social Security Act, $1,360,434,000, of which $500,000 shall be available for assistance to two-year schools of medicine or osteopathy under section 788(a) of the Public Health Service Act; of which $2,600,000 shall be available for grants under section 371 of the Public Health Service Act; of which $5,000,000 shall be for construction of and equipment for outpatient medical facilities under section 1610(b), of which $3,300,000 shall be available only for payments to the State of Hawaii for care and treatment of persons afflicted with Hansen's disease; of which $750,000 to be available until expended, shall be used to renovate the National Hansen's Disease Center; of which $5,000,000 shall be to establish geriatric educational units under section 788(b) of the Public Health Service Act; and of which $1,200,000 shall remain available until expended for interest subsidies on loan guarantees made prior to fiscal year 1981 under part B of title VII of the Public Health Service Act: Provided, That this appropriation shall be available for payment of the costs of medical care, related expenses, and burial expenses hereafter incurred by or on behalf of any person who has participated in the study of untreated syphilis initiated in Tuskegee, Alabama, in 1932, in such amounts and subject to such terms and conditions as prescribed by the Secretary of Health and Human Services and for payment, in such amounts and subject to such terms and conditions, of such costs and expenses hereafter incurred by or on behalf of such person's wife or offspring 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 administers or operates an employee health program for any Federal department or agency, payment for the full estimated cost shall be made by way of reimbursement or in advances to this appropriation: Provided further. That during the fiscal year, and within the resources and authority available under section 338 of the Public Health Service Act, gross obligations for the principal amount of direct loans under sections 335(c), 338C(e)(l), and 338E of that Act shall not exceed $1,000,000: Provided further. That none of

42 USC 241; ante, pp. 822, 525, 400; 42 USC 300k-l, 300q-l, 300w, 300aa. 30 USC 937. 42 USC 701. Ante, p. 541. 98 Stat. 2342. 42 USC 300r.

Ante, p. 541.

42 USC 293.

n,;?' ' ^^i",-

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

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Page:United States Statutes at Large Volume 99 Part 1.djvu/1132

 99 STAT. 1110

PUBLIC LAW 99-178—DEC. 12, 1985

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 42 USC 254m, Health Service Act except that this proviso shall not apply to any 234, 254m. period of service covered by an agreement entered into by an officer under 37 U.S.C. 302(c)(l) before the date of enactment of Public Law 96 Stat. 1830. 97-377: Provided further. That in addition to the amounts provided herein, $15,750,00 shall be available to the Health Resources and Services Administration from reimbursements from other Federal Agencies and Departments for the operation of employee occupaProhibition. tional health programs under 5 U.S.C. 7901: Provided further. That 42 USC 201 note, no funds appropriated to carry out the Public Health Service Act may be used to award grants to, enter into new contracts or cooperative agreements with, or otherwise assist, a State, or any agency thereof, to administer, or monitor the operation of, or operate 42 USC 254b, (except as provided in section 329(h)(2) and 330(g)(3)) any program 254c. supported under section 329 or 330, or title XDC-C, of the Public 42 USC 300y. Health Service Act: Provided further, That during fisced year 1986, the Secretary of Health and Human Services shall enter into conunitments to guarantee loans, under subpart 1 of part C of title 42 USC 294. V n of the Public Health Service Act, to students who have not previously received loans guaranteed thereunder, and to students who have previously received loans guaranteed thereunder, except that the total of commitments so authorized may not exceed the '. sum of $275,000,000 plus any unconmiitted balances of loan guarantee authority provided for any prior fiscal year which remain available for fiscal year 1986. MEDICAL FACILITIES GUARANTEE AND LOAN FUND FEDERAL INTEREST SUBSIDIES FOR MEDICAL FACILITIES

42 USC 300q-2. 42 USC 291.

For carrying out subsections (d) and (e) of section 1602 of the Public Health Service Act, $25,000,000 together with any amounts received by the Secretary in connection with loans and loan guarantees under title VI of the Public Health Service Act, to be available without fiscal year limitation for the payment of interest subsidies. During the fiscal year no commitmente 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 $700,000, may be disbursed with respect to any liability or contingent liability incurred prior to 1985. CENTERS FOR DISEASE CONTROL DISEASE CONTROL (INCLUDING TRANSFER OF FUNDS)

42 USC 241, 300w, 300b-l. 30 USC 801 and note, 842, 843.

To carry out titles III and XIX and section 1102 of the Public Health Service Act, sections 101, 102, 103, 201, 202, and 203 of the Federal Mine Safety and Health Act of 1977, and sections 20, 21, and

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Page:United States Statutes at Large Volume 99 Part 1.djvu/1133

 PUBLIC LAW 99-178—DEC. 12, 1985

99 STAT. 1111

22 of the Occupational Safety and Health Act of 1970; including 29 USC 669-671 insurance of official motor vehicles in foreign countries; and hire, maintenance, and operation of aircraft, $471,861,000, of which $3,797,000 shall remain available until expended for equipment and construction and renovation of facilities, and of which $6,900,000 shall remain available until September 30, 1987 for the purchase and distribution of drugs, and of which $2,000,000 shall be used to establish, maintain, and operate a twenty-four-hcur telephone hotline which permits calls to be made without charge to the caller, which provides general information concerning acquired immune deficiency syndrome and information concerning medical services and housing facilities for individuals with such syndrome, and which refers such individuals to counseling services: Provided, That training of employees of private agencies shall be made subject to reimbursement or advances to this appropriation for the full cost of such training: Provided further. That not to exceed $1,266,000 in collections from user fees, including collections from training and reimbursements and advances for the full cost of proficiency testing of private clinical laboratories, may be credited to this appropriation: Provided further. That $10,000,000 shall be derived from unobligated balances provided under Public Law 94-266 for national 90 Stat. 362. influenza immunization: Provided further. That $1,000,000 shall be used for studies of designer or sjmthetic drug use. . NATIONAL I,

INSTITUTES OF HEALTH

NATIONAL CANCER INSTITUTE

,|

For carrying out section 301 and title IV of the Public Health Service Act with respect to cancer, $1,258,159,000.

42 USC 241; ante, p. 822.

NATIONAL HEART, LUNG, AND BLOOD INSTITUTE

For carrying out section 301, title IV, and section 1105 of the Public Health Service Act with respect to cardiovascular, lung, and 42 USC 241; ante, blood diseases, and blood and blood products, $859,572,000. P-822| 42 USC NATIONAL INSTITUTE OF DENTAL RESEARCH

For carrying out section 301 and title FV of the Public Health Service Act with respect to dental diseases, $103,377,000. ,

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, $569,597,000. ^,

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, $433,595,000.

'

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Page:United States Statutes at Large Volume 99 Part 1.djvu/1134

 99 STAT. 1112

PUBLIC LAW 99-178—DEC. 12, 1985 NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES

42 USC 241; ante, For carrying out section 301 and title IV of the Public Health p. 822. Service Act with respect to allergy and infectious diseases, $383,717,000. 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, $514,814,000. 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, $321,972,000. NATIONAL EYE INSTITUTE

For carrying out section 301 and part F of title IV of the Public Health Service Act with respect to eye diseases and visual disorders, $195,168,000.
 * ,3

NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES

42 USC 243.

For carrying out sections 301 and 311, and title IV, of the Public Health Service Act with respect to environmental health sciences, $197,686,000. NATIONAL INSTITUTE ON AGING

For carrying out section 301 and title IV of the Public Health Service Act with respect to aging, $156,592,000. i.- ; ''{.;;. ^

42 USC 289M. Prohibition.

RESEARCH RESOURCES

For carrying out section 301 and section 472 of the Public Health Service Act with respect to research resources and general research support grants, $305,696,000: Provided, That none of these funds, with the exception of funds for the Minority Biomedical Research Support program, shall be used to pay recipients of the general research support grants program any amount for indirect expenses in connection with such grants. JOHN E. FOGARTY INTERNATIONAL CENTER

For carrying out the activities at the John E. Fogarty International Center, $11,568,000, of which $1,999,000 shall be available for payment to the Gorgas Memorial Institute for maintenance and operation of the Grorgas Memorial Laboratory. '

42 USC 275.

NATIONAL UBRARY OF MEDICINE

For carrying out section 301 with respect to health information communications and part I of title III of the Public Health Service Act, $57,956,000. .'. o.*;j -,f'-ir,-* ».'•?•

OFFICE OF THE DIRECTOR

.i,:^. r.,-"v^ • r

^i^i'H.-

For carrying out the responsibilities of the Office of the Director, National Institutes of Health, $117,085,000, including purchase of not to exceed ten passenger motor vehicles for replacement only.

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Page:United States Statutes at Large Volume 99 Part 1.djvu/1135

 PUBLIC LAW 99-178—DEC. 12, 1985

99 STAT. 1113

BUILDINGS AND FACILITIES

For construction of, and acquisition of sites and equipment for, facilities of or used by the National Institutes of Health, $14,900,000, to remain available until expended. ALCOHOL, DRUG ABUSE, AND MENTAL HEALTH ADMINISTRATION ALCOHOL, D R U G ABUSE, AND MENTAL HEALTH

For carrying out the Public Health Service Act with respect to 42 USC 201 note. mental health, drug abuse, alcohol abuse, and alcoholism, $958,860,000 of which $100,000 for design, modernization, and improvement of government owned or leased intramural research facilities shall remain available until expended: Provided, That in addition to amounts provided herein, $10,000,000 shall be available for carrying out activities for protection and advocacy for mentally ill persons, to become available upon enactment of authorizing legislation. FEDERAL SUBSIDY FOR SAINT ELIZABETHS HOSPITAL

For a portion of the cost of the maintenance and operation of Saint Elizabeths Hospital in the District of Columbia $43,696,000: Provided, That in fiscal year 1986 and thereafter the maximum amount available to Saint Elizabeths Hospital from Federal sources shall not exceed the total of the following amounts: the appropriations made under this heading, amounts billed to Federal agencies and entities by the Secretary of Health and Human Services for services provided at Saint Elizabeths Hospital, and amounts authorized by titles XVIII and XIX of the Social Security Act: Provided further. That this amount shall not include Federal funds appropriated to the District of Columbia under "Federal Payment to the District of Columbia" and payments made pursuant to section 9(c) of Public Law 98-621: Provided further. That the Secretary of Health and Human Services may set rates which in the aggregate do not exceed the estimated total cost of inpatient and outpatient services provided through Saint Elizabeths Hospital as authorized by title 16, sections 2315 and 2320, title 21, sections 511, 513, 522, 545, 902, and 1116, and title 24, sections 301 and 302 of the District of Columbia Code, and may bill and collect from (prospectively or otherwise) individuals, the District of (Columbia and other entities for any services so provided: Provided further, That the Secretary of Health and Human Services may set rates which in the aggregate do not exceed the estimated total cost of inpatient and outpatient services provided through Saint Elizabeths Hospital as authorized by title 24, sections 191, 196, 211, 212, 222, 253, and 324, title 31, section 1535, and title 42, sections 249 and 251 of the United States Code, and may bill and collect (prospectively or otherwise) from individuals, and Federal 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 avedlable until expended.

24 USC I70a.

42 USC 1395, 1£96. Prohibition.

98 Stat. 3377. 24 USC I68b.

98 Stat. ^^'''l"^^^^'

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Page:United States Statutes at Large Volume 99 Part 1.djvu/1136

 99 STAT. 1114

PUBLIC LAW 99-178—DEC. 12, 1985 OFFICE OF ASSISTANT SECRETARY FOR HEALTH PUBLIC HEALTH SERVICE MANAGEMENT

42 USC 241. 42 USC 401. '—-

For the expenses necessary for the Office of Assistant Secretary for Health and for carrying out title III of the Public Health Service Act, $91,541,000, together with not to exceed $1,050,000 to be transferred and expended 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 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. RETIREMENT PAY AND MEDICAL BENEFITS FOR COMMISSIONED OFFICERS

10 USC 1071

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.

et seq. HEALTH CARE FINANCING ADMINISTRATION G R A N T S TO STATES FOR MEDICAID

42 USC 1396.

For carrying out, except as otherwise provided, title XIX of the Social Security Act, $17,918,000,000, to remain available until expended. For making, after May 31, 1986, payments to States under title XIX of the Social Security Act, for the last quarter of fiscal year 1986 for unanticipated costs, incurred for the current fiscal year, such sums as may be necessary. Payment under title XIX may be made for any quarter beginning after June 30, 1985, and before October 1, 1986, 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 1987, $6,500,000,000, to remain available untU expended. PAYMENTS TO HEALTH CARE TRUST FUNDS

For payment to the Federal Hospital Insurance and the Federal Supplementary Medical Insurance Trust Funds, as provided under 42 USC 417, 429, sections 217(g), 2290)) and 1844 of the Social Security Act, sections 1395W.

103(c) and 111(d) of the Social Security Amendments of 1965, and

139S

section 278(d) of Public Law 97-248, $18,854,000,000.

42 USC'426 note. PROGRAM MANAGEMENT

42 USC 1301, 1395, 1396. 42 USC 401.

For carrying out, except as otherwise provided, titles XI, XVIII, and XIX of the Social Security Act, $89,533,000, together with not to exceed $1,176,785,000 to be transferred to this appropriation as authorizied by section 201(g) of the Social Security Act, from the Federal Hospital Insurance and the Federal Supplementary Medical

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Page:United States Statutes at Large Volume 99 Part 1.djvu/1137

 PUBLIC LAW 99-178—DEC. 12, 1985

99 STAT. 1115

Insurance Trust Funds referred to therein: Provided, That in addition, $15,000,000 shall similarly be derived by transfer from said trust funds and 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

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, $497,008,000. SPECIAL BENEFITS FOR DISABLED COAL MINERS

42 USC 401, 417, 428, 429, 1320b-l; 42 USC 401 and notes.

For carrying out title IV of the Federal Mine Safety and Health Act of 1977, including the payment of travel expenses on an actual 30 USC 901 cost or commuted basis, to an individual, for travel incident to medical examinations, and to parties, their representatives, and all reasonably necessary witnesses for travel within the United States, Puerto Rico, and the Virgin Islands, to reconsideration interviews and to proceedings before administrative law judges, $727,908,000 to remain available until expended. For making, after July 31, of the current fiscal year, benefit payments to individuals under title IV of the Federal Mine Safety and Health Act of 1977, for costs incurred in the current fiscal year, such amounts as may be necessary. For making benefit payments under title IV of the Federal Mine Safety and Health Act of 1977 for the first quarter of fiscal year 1987, $270,000,000, to remain available until expended. SUPPLEMENTAL SECURITY INCOME PROGRAM

For carrying out the Supplemental Security Income Program, section 401 of Public Law 92-603, section 212 of Public Law 93-66, as 42 USC 1382e amended, and section 405 of Public Law 95-216, including payment note. to the social security trust funds for administrative expenses 42 USC 1382 note. incurred pursuant to section 201(g)(l) of the Social Security Act, 1383 note. $7,712,089,000, to remain available until expended: Provided, That 42 USC 401. 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 Social Security Act, for unemticipated costs incurred for the current 42 USC 1381 fiscal year, such sums as may be necessary. For carrying out the Supplemental Security Income Program for the first quarter of fiscal year 1987, $2,339,250,000, to remain avail; able until expended. ASSISTANCE PAYMENTS PROGRAM

For carrying out, except as otherwise provided, titles I, FV-A and -D, X, XI, XIV, and XVI of the Social Security Act and the Act of

42 USC 301, 601, 651, 1201, 1301, 1351, 1381.

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Page:United States Statutes at Large Volume 99 Part 1.djvu/1138

 99 STAT. 1116

PUBLIC LAW 99-178—DEC. 12, 1985

24 USC 321 ^* «^9-

July 5, 1960 (24 U.S.C. ch. 9), $6,859,578,000, to r e m a i n 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 42 USC 301, 601, Security Act, for the last three months of the current fiscal year, for 1^81 ^^^^' ^^^^' unanticipated costs, incurred for the current fiscal year, such sums as may be necessary. 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 1987, $2,193,754,000, to remain available until expended. CHILD SUPPORT ENFORCEMENT

For carrying out, except as otherwise provided, titles IV-D and XI of the Social Security Act, $432,601,000, 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 >H^' for the current fiscal year, such sums as may be necessary. ,^..,.,.. For making payments to States under title IV-D of the Social ' Security Act for the first quarter of fiscal year 1987, $170,750,000, to remain available until expended. .,,, LOW INCOME HOME ENERGY ASSISTANCE

42 USC 8621.

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

42 USC 401. 42 USC 1383 ^o^for- Q Q Q iz ubc idsd.

>' 42 USC 1381, 1395,421. Prohibition. 42 USC 405.

For necessary expenses, not more than $3,992,486,000 may be expended, as authorized by section 201(g)(l) of the Social Security Act, from any one or all of the trust funds referred to therein: Provided, That travel expense payments under section 1631(h) of '^^^^ ^^^ ^^y ^ made only when travel of more than seventy-five jjj.jgg jg required: Provided further, That $145,000,000 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 their impact on the work force, 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 remain(jej. of the existing limitation has been achieved: Provided further, That $182,939,000 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(c)(2)(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.

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Page:United States Statutes at Large Volume 99 Part 1.djvu/1139

 PUBLIC LAW 99-178—DEC. 12, 1985

99 STAT. 1117

HUMAN DEVELOPMENT SERVICES SOCIAL SERVICES BLOCK GRANT A,

For carrying $2,700,000,000.

out

the

Social

Services

Block

Grant

Act, 42 USC 1305

HUMAN DEVELOPMENT SERVICES

note.

For carrying out, except as otherwise provided, the Older Americans Act of 1965, the Runaway and Homeless Youth Act, the Native 42 USC 3001 Americans Programs Act, the Developmental Disabilities Assistance?9^T'Q^ 90^°*®' and Bill of Rights Act, the Child Abuse Prevention and Treatment ^| Jj|^ g^^J Act, chapter 8-D of title VI-A of the Omnibus Budget Reconciliation note. Act of 1981 (pertaining to grants to States for planning and develop- 42 USC 5101 ment of dependent care programs), the Family Violence Prevention note. and Services Act (title III of Public Law 98-457), and the Head Start ^2 USC 9814. Act, $2,015,922,000: Provided, That $76,349,000 shall be the maxi- 42 USC 10401 mum amount available for Indian and migrant Head Start pro- note. grams for fiscal year 1986. 42 USC 9801 note. 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), $790,237,000. -„> a«^^' -

42 USC 620, 670, 1310, 5iii.

WORK INCENTIVES

For carrying out a work incentive program, as authorized by part C of title rV of the Social Security Act, including registration of 42 USC 630. individuals for such programs, and for related child care and other supportive services, as authorized by section 402(a)(19XG) of the Act, 42 USC 602. including transfer to the Secretary of Labor, as authorized by section 431 of the Act, $220,000,000 which shall be the maximum 42 USC 631. amount available for transfer to the Secretary of Labor and to which the States may become entitled pursuant to section 403(d) of such Act, for these purposes. 42 USC 603. 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).

42 USC 9901 note. 42 USC 9910.

DEPARTMENTAL MANAGEMENT GENERAL DEPARTMENTAL MANAGEMENT

For necessary expenses, not otherwise provided, for general departmental management, including hire of six medium sedans, $139,949,000 together with not to exceed $8,000,000 to be transferred and expended as authorized by section 201(g)(l) of the Social Security Act from any one or all of the trust funds referred to therein, of 42 USC 401. which $16,000,000 shall be for the award of grants, under the authority of section 301 of the Public Health Service Act, for four 42 USC 241.

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Page:United States Statutes at Large Volume 99 Part 1.djvu/1140

 99 STAT. 1118

42 USC 241.

PUBLIC LAW 99-178—DEC. 12, 1985

projects demonstrating the delivery of health care services to victims of acquired immune deficiency syndrome, to be conducted by entities located, and providing services to persons residing, in those four standard metropolitan statistical areas having the highest concentration of persons suffering the syndrome: Provided, That an additional amount of $4,500,000 shall be transferred from amounts available to the National Institutes of Health, National Cancer Listitute, for construction, which additional amount shall be used by the Secretary under the contract provisions of section 301(a)(7) of the Public Health Service Act for construction of the Mary Babb Randolph Cancer Center in West Virginia. OFFICE OF THE INSPECTOR GENERAL

42 USC 401.

For expenses necessary for the Office of the Inspector General, $42,219,000 together with not to exceed $30,000,000 to be transferred and expended as authorized by section 201(g)(l) 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, $16,000,000 together with not to exceed $4,000,000 to be transferred and expended as authorized by section 201(g)(l) of the Social Security Act from any one or all of the trust funds referred to therein. POLICY RESEARCH

42 USC 1310.

For carrying out, to the extent not otherwise provided, research studies under section 1110 of the Social Security Act, $6,500,000. GENERAL PROVISIONS

Prohibition.

>

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. Funds appropriated in this Act for the National Institutes of Health shall be used to support no fewer than 6,100 new and competing research projects. 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 aveulable for expenses for active commissioned officers in the Public Health Service Reserve Corps and for not to exceed two thousand four hundred and fifty commissioned officers in the R ^ u l a r Cori»; 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

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Page:United States Statutes at Large Volume 99 Part 1.djvu/1141

 PUBLIC LAW 99-178—DEC. 12, 1985

99 STAT. 1119

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 thoste 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 r ^ u l a t i o n s 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; not to exceed $9,500 for official reception and representation expenses related to any health agency of the Department when specifically approved by the Assistant Secretary for Health. SEC. 204. None of the funds contained in this Act shall be used to 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 327 A 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, 1986, 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

Education.

42 USC 209.

Prohibition. Abortion.

42 USC 254a.

Prohibition. 42 USC 210 note.

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Page:United States Statutes at Large Volume 99 Part 1.djvu/1142

 99 STAT. 1120

Prohibition. 42 USC 2991.

Research and development. AIDS.

Department of Education Appropriation Act, 1986.

PUBLIC LAW 99-178—DEC. 12, 1985

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. SEC. 210. Funds provided in this Act may be used for one-year contracts which are to be performed in two fiscal years, so long as the total amount for such contracts is obligated in the year for which the funds are appropriated. SEC. 211. Pursuant to section 264 of title 42, United States Code, funds provided in this Act for research into the causes and transmission of the acquired immune deficiency syndrome disease may be used by the Surgeon General for closing or quarantining as a public health hazard any bathhouse or massage parlor which in his judgment pursuant to law can be determined to facilitate the transmission or spread of the AIDS epidemic. This title may be cited as the "Department of Health and Human Services Appropriation Act, 1986". TITLE in—DEPARTMENT OF EDUCATION COMPENSATORY EDUCATION FOR THE DISADVANTAGED

For carrying out chapter 1 of the Education Consolidation and Improvement Act of 1981, as amended, $3,688,163,000, of which $5,246,000 shall be used for purposes of section 555(d) of said Act to provide technical assistance and evaluate programs, and the remaining $3,682,917,000 shall become available on July 1, 1986, and remain available until September 30, 1987: Provided, That of these remaining funds, no funds shall be used for purposes of section 554(a)(l)(B), $264,524,000 shall be available for purposes of section 20 USC 3803. 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)(l)(D). For carrying out section 418A of the Higher Education Act, 20 USC 1070d-2. $7,500,000. 20 USC 3801. 20 USC 3804.

IMPACT AID 20 USC et seq. 20 USC 20 USC 20 USC

236 237. 241-1. 238.

20 USC 244.

For carrying out title I of the Act of September 30, 1950, as amended (20 U.S.C. ch. 13), $675,000,000, of which $22,000,000 shall be for 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)(l)(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)(l)(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

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Page:United States Statutes at Large Volume 99 Part 1.djvu/1143

 PUBLIC LAW 99-178—DEC. 12, 1985

99 STAT. 1121

section 403(1)(C) shall be ratably reduced from 15 per centum of 20 USC 244. entitlement: Provided further. That payment with respect to entitlements under section 3(b) of said Act to any local educational agency 20 USC 238. 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 dmly 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, 20 USC 240. That no payments shall be made under section 7 of said Act to any 20 USC 241-1. 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, TTiat in determining entitlements under section 3 of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress), the local contribution rate for each local educational agency shall not be more than the local contribution rate for that agency for fiscal year 1985: Provided further. That in the case of a local educational agency that did not have a local contribution rate for fiscal year 1985, the Secretary shall base such agency's fiscal year 1986 payment on a local contribution rate the agency could have received for fiscal year 1985. For carrying out the Act of September 23, 1950, as amended (20 U.S.C. ch. 19), $20,000,000 which shall remain available until ex- 20 USC 631 pended, shall be for providing school facilities as authorized by said «^ ««9Act, of which $8,500,000 shall be for awards under section 10 of said 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 640,644. 14(c) of said Act. SPECIAL PROGRAMS

For carrying out the consolidated p r c ^ a m s and projects authorized under chapter 2 of the Education Consolidation and Improvement Act of 1981, as amended, $531,909,000, of which 20 USC 3811. $31,909,000 shall be for p r ( ^ a m s and projects authorized under subchapter D of said Act, including $10,700,000 for programs and 20 USC 3851. projects authorized under subsection 583(a)(l) of said Act; $6,052,000 20 USC 3851. shall be used for awards, which, except for educational television p n ^ a m m i n g, 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)(l) of said Act; $3,157,000 for programs authorized under subsection 583(b)(2) of said Act; $3,000,000 for pr<^rams authorized under subsection 583(b)(3) of said Act; and $2,000,000 for activities authorized under subsection 583(b)(4) of said Act: Provided, That Grants. $500,000,000 to carry out the State block grant program authorized under chapter 2 of said Act shall become available for obligation on ,s \ July 1, 1986, and shall remain available until September 30, 1987. For grants to State educational agencies and desegregation assist- Grants. ance centers authorized under section 403 of the CivU Rights Act of 1964, $24,000,000. 42 USC 20O0c-2. For carrying out activities authorized under title IX, part C of the Elementary and Secondary Education Act, $6,000,000, 20 USC 3341.

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