102d CONGRESS
1st Session
H. R. 3839
AN ACT
Making appropriations for the Departments of Labor, Health and Human Services,
and Education, and related agencies, for the fiscal year ending September 30,
1992, and for other purposes.
HR 3839 EH
102d CONGRESS
1st Session
H. R. 3839
AN ACT
Making appropriations for the Departments of Labor, Health and Human Services,
and Education, and related agencies, for the fiscal year ending September 30,
1992, 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, 1992, and
for other purposes, namely:
Employment and Training Administration
PROGRAM ADMINISTRATION
For expenses of administering employment and training programs, $73,980,000,
together with not to exceed $56,952,000, which may be expended from the
Employment Security Administration account in the Unemployment Trust Fund.
training and employment services
For expenses necessary to carry into effect the Job Training Partnership
Act, including the purchase and hire of passenger motor vehicles, the
construction, alteration, and repair of buildings and other facilities,
and the purchase of real property for training centers as authorized by
the Job Training Partnership Act, $3,861,338,000, plus reimbursements,
to be available for obligation for the period July 1, 1992, through June
30, 1993, of which $63,000,000 shall be for carrying out section 401,
$77,644,000 shall be for carrying out section 402, $9,120,000 shall be for
carrying out section 441, $1,848,000 shall be for the National Commission
for Employment Policy, $5,400,000 shall be for all activities conducted by
and through the National Occupational Information Coordinating Committee
under the Job Training Partnership Act, and $3,900,000 shall be 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; and, in addition, $187,700,000 is appropriated
for part B of title II of the Job Training Partnership Act, as amended,
in addition to amounts otherwise provided herein for part B of title II,
to be available for obligation for the period October 1, 1992 through June
30, 1993; and, in addition, $73,000,000 is appropriated for necessary
expenses of construction, rehabilitation, and acquisition of Job Corps
centers, as authorized by the Job Training Partnership Act, in addition
to amounts otherwise provided herein for the Job Corps, to be available
for obligation for the period July 1, 1992 through June 30, 1995; and, in
addition, $50,000,000 is appropriated for Clean Air Employment Transition
Assistance under part B of title III of the Job Training Partnership Act,
to be available for obligation for the period October 1, 1991 through June
30, 1993; and, in addition, $9,312,000 is appropriated for activities
authorized by title VII, subtitle C of the Stewart B. McKinney Homeless
Assistance 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 funds appropriated under this heading in Public Law 100-436
to continue acquisition, rehabilitation, and construction of six new Job
Corps centers shall be available for obligation through June 30, 1993.
community service employment for older americans
To carry out the activities for national grants or contracts with public
agencies and public or private nonprofit organizations under paragraph
(1)(A) of section 506(a) of title V of the Older Americans Act of 1965,
as amended, $308,241,000.
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,
$86,940,000.
FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES
For payments during the current fiscal year of benefits and payments as
authorized by title II of Public Law 95-250, as amended, and of trade
adjustment benefit payments and allowances under part I, and for training,
for allowances for job search and relocation, and for related State
administrative expenses under part II, subchapter B, chapter 2, title II
of the Trade Act of 1974, as amended, $226,250,000, together with such
amounts as may be necessary to be charged to the subsequent appropriation
for payments for any period subsequent to September 15 of the current year:
Provided, That amounts received or recovered pursuant to section 208(e)
of Public Law 95-250 shall be available for payments.
state unemployment insurance and employment service operations
For activities authorized by the Act of June 6, 1933, as amended (29
U.S.C. 49-49l-1; 39 U.S.C. 3202(a)(1)(E)); title III of the Social Security
Act, as amended (42 U.S.C. 502-504); necessary administrative expenses for
carrying out 5 U.S.C. 8501-8523, and sections 225, 231-235 and 243-244,
title II of the Trade Act of 1974, as amended; as authorized by section 7c
of the Act of June 6, 1933, as amended, necessary administrative expenses
under sections 101(a)(15)(H), 212 (a), (5)(A), (m) (2) and (3), (n)(1),
and 218(g) (1), (2), and (3), and 258(c) of the Immigration and Nationality
Act, as amended (8 U.S.C. 1101 et seq.); necessary administrative expenses
to carry out the Targeted Jobs Tax Credit Program under section 51 of the
Internal Revenue Code of 1986, and section 221(a) of the Immigration Act
of 1990, $24,038,000 together with not to exceed $3,148,655,000 (including
not to exceed $2,080,000 which may be used for amortization payments to
States which had independent retirement plans in their State employment
service agencies prior to 1980), which may be expended from the Employment
Security Administration account in the Unemployment Trust Fund, and of
which the sums available in the allocation for activities authorized by
title III of the Social Security Act, as amended (42 U.S.C. 502-504), and
the sums available in the allocation for necessary administrative expenses
for carrying out 5 U.S.C. 8501-8523, shall be available for obligation
by the States through December 31, 1992, and of which $18,427,000 of the
amount which may be expended from said trust fund shall be available for
obligation for the period April 1, 1992, through December 31, 1992, for
automation of the State activities under title III of the Social Security
Act, as amended (42 U.S.C. 502-504 and 5 U.S.C. 8501-8523), and of which
$21,838,000 together with not to exceed $799,770,000 of the amount which
may be expended from said trust fund shall be available for obligation
for the period July 1, 1992, through June 30, 1993, 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 $12,500,000 of the amount which may be
expended from said trust fund shall be available for obligation for the
period September 30, 1992, through June 30, 1993, for automation of the
State activities under section 6 of the Act of June 6, 1933, as amended,
and of which $440,703,000 shall be available only to the extent necessary
for additional State allocations to administer unemployment compensation
laws to finance increases in the number of unemployment insurance claims
filed and claims paid or changes in a State law: Provided, That to the
extent that the Average Weekly Insured Unemployment (AWIU) for fiscal year
1992 is projected by the Department of Labor to exceed the 3.24 million
level assumed in the President's fiscal year 1992 Budget Request, based
on the Administration's December 1990 economic assumptions, an additional
$30,000,000 shall be available for obligation for every 100,000 increase
in the AWIU level (including a pro rata amount for any increment less
than 100,000) from the Employment Security Administration Account of the
Unemployment Trust Fund. The Appropriations Committees shall be notified
immediately of any request by the Department to the Office of Management
and Budget to apportion any of these funds.
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)(1) of the
Internal Revenue Code of 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, 1993, $236,990,000.
Labor-Management Services
salaries and expenses
For necessary expenses for Labor-Management Services, $95,340,000.
Pension Benefit Guaranty Corporation
pension benefit guaranty corporation fund
The Pension Benefit Guaranty Corporation is authorized to make such
expenditures, including financial assistance authorized by section 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, 1992, for such Corporation: Provided, That
not to exceed $47,787,000 shall be available for administrative expenses
of the Corporation: Provided further, That expenses of such Corporation
in connection with the termination of pension plans, for the acquisition,
protection or management, and investment of trust assets, and for benefits
administration services shall be considered as non-administrative expenses
for the purposes hereof, and excluded from the above limitation.
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, $231,326,000, together with $1,035,000
which may be expended from the Special Fund in accordance with sections
39(c) and 44(j) of the Longshore and Harbor Workers' Compensation Act.
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 5, 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(f) 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 Longshore and Harbor Workers' Compensation Act, as amended,
$192,000,000, 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 August 15 of the current year:
Provided, That such sums as are necessary may be used for a demonstration
project under section 8104 of title 5, United States Code, in which the
Secretary may reimburse an employer, who is not the employer at the time of
injury, for portions of the salary of a reemployed, disabled beneficiary:
Provided further, That balances of reimbursements from Federal Government
agencies unobligated on September 30, 1991, shall remain available until
expended for the payment of compensation, benefits, and expenses: Provided
further, 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, 1992.
black lung disability trust fund
(including transfer of funds)
For payments from the Black Lung Disability Trust Fund, $917,192,000,
of which $861,135,000, shall be available until September 30, 1993,
for payment of all benefits as authorized by section 9501(d) (1), (2),
(4), and (7), of the Internal Revenue Code of 1954, as amended, and
interest on advances as authorized by section 9501(c)(2) of that Act,
and of which $30,145,000 shall be available for transfer to Employment
Standards Administration, Salaries and Expenses, and $25,579,000 for
transfer to Departmental Management, Salaries and Expenses, and $333,000
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, interest,
or other benefits for any period subsequent to June 15 of the current year:
Provided further, That in addition such amounts shall be paid from this fund
into miscellaneous receipts as the Secretary of the Treasury determines
to be the administrative expenses of the Department of the Treasury for
administering the fund during the current fiscal year, as authorized by
section 9501(d)(5)(B) of that Act.
Occupational Safety and Health Administration
salaries and expenses
For necessary expenses for the Occupational Safety and Health Administration,
$304,157,000, including $66,344,000, which shall be the maximum amount
available for grants to States under section 23(g) of the Occupational
Safety and Health Act, which grants shall be no less than fifty percent
of the costs of State occupational safety and health programs required
to be incurred under plans approved by the Secretary under section 18 of
the Occupational Safety and Health Act of 1970: Provided, That none of the
funds appropriated under this paragraph shall be obligated or expended to
prescribe, issue, administer, or enforce any standard, rule, regulation,
or order under the Occupational Safety and Health Act of 1970 which is
applicable to any person who is engaged in a farming operation which does
not maintain a temporary labor camp and employs ten or fewer employees:
Provided further, That none of the funds appropriated under this paragraph
shall be obligated or expended to prescribe, issue, administer, or enforce
any standard, rule, regulation, order or administrative action under the
Occupational Safety and Health Act of 1970 affecting any work activity by
reason of recreational hunting, shooting, or fishing: Provided further,
That no funds appropriated under this paragraph shall be obligated or
expended to administer or enforce any standard, rule, regulation, or order
under the Occupational Safety and Health Act of 1970 with respect to any
employer of ten or fewer employees who is included within a category having
an occupational injury lost work day case rate, at the most precise Standard
Industrial Classification Code for which such data are published, less than
the national average rate as such rates are most recently published by the
Secretary, acting through the Bureau of Labor Statistics, in accordance
with section 24 of that Act (29 U.S.C. 673), except--
(1) to provide, as authorized by such Act, consultation, technical
assistance, educational and training services, and to conduct surveys
and studies;
(2) to conduct an inspection or investigation in response to an employee
complaint, to issue a citation for violations found during such inspection,
and to assess a penalty for violations which are not corrected within a
reasonable abatement period and for any willful violations found;
(3) to take any action authorized by such Act with respect to imminent
dangers;
(4) to take any action authorized by such Act with respect to health hazards;
(5) to take any action authorized by such Act with respect to a report of
an employment accident which is fatal to one or more employees or which
results in hospitalization of two 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.
Mine Safety and Health Administration
salaries and expenses
For necessary expenses for the Mine Safety and Health Administration,
$185,364,000, including purchase and bestowal of certificates and trophies in
connection with mine rescue and first-aid work, and the hire of passenger
motor vehicles; the Secretary is authorized to accept lands, buildings,
equipment, and other contributions from public and private sources and to
prosecute projects in cooperation with other agencies, Federal, State,
or private; the Mine Safety and Health Administration is authorized to
promote health and safety education and training in the mining community
through cooperative programs with States, industry, and safety associations;
and any funds available to the Department may be used, with the approval
of the Secretary, to provide for the costs of mine rescue and survival
operations in the event of major disaster: Provided, That none of the funds
appropriated under this paragraph shall be obligated or expended to carry
out section 115 of the Federal Mine Safety and Health Act of 1977 or to
carry out that portion of section 104(g)(1) of such Act relating to the
enforcement of any training requirements, with respect to shell dredging,
or with respect to any sand, gravel, surface stone, surface clay, colloidal
phosphate, or surface limestone mine.
Bureau of Labor Statistics
SALARIES AND EXPENSES
For necessary expenses for the Bureau of Labor Statistics, including
advances or reimbursements to State, Federal, and local agencies and
their employees for services rendered, $256,924,000, together with not
to exceed $50,399,000, which may be expended from the Employment Security
Administration account in the Unemployment Trust Fund.
Departmental Management
salaries and expenses
For necessary expenses for Departmental Management, including the hire
of 5 sedans, and including $4,409,000 for the President's Committee on
Employment of People With Disabilities, $141,053,000, together with not
to exceed $332,000, which may be expended from the Employment Security
Administration account in the Unemployment Trust Fund.
working capital fund
Funds received for services rendered to any entity or person for use
of Departmental facilities, including associated utilities and security
services, shall be credited to and merged with this fund.
assistant secretary for veterans employment and training
Not to exceed $174,759,000 may be derived from the Employment Security
Administration account in the Unemployment Trust Fund to carry out the
provisions of 38 U.S.C. 2001-10 and 2021-26.
office of inspector general
For salaries and expenses of the Office of Inspector General in carrying out
the provisions of the Inspector General Act of 1978, as amended, $46,320,000,
together with not to exceed $4,357,000, which may be expended from the
Employment Security Administration account in the Unemployment Trust Fund.
GENERAL PROVISIONS

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December 1, 1991, the Secretary of Labor, acting under the Occupational
Safety and Health Act of 1970, shall promulgate a final occupational health
standard concerning occupational exposure to bloodborne pathogens. The
final standard shall be based on the proposed standard as published in the
Federal Register on May 30, 1989 (54 FR 23042), concerning occupational
exposures to the hepatitis B virus, the human immunodeficiency virus and
other bloodborne pathogens.
(b) In the event that the final standard referred to in subsection (a) is
not promulgated by the date required under such subsection, the proposed
standard on occupational exposure to bloodborne pathogens as published in
the Federal Register on May 30, 1989 (54 FR 23042) shall become effective
as if such proposed standard had been promulgated as a final standard by
the Secretary of Labor, and remain in effect until the date on which such
Secretary promulgates the final standard referred to in subsection (a).
(c) Nothing in this Act shall be construed to require the Secretary of Labor
(acting through the Occupational Safety and Health Administration) to revise
the employment accident reporting regulations published at 29 C.F.R. 1904.8.

380f102fe75e1bd11f8b0d8d09af52fa37c4407ddcb58d2cd480d07026575b24

TITLE I

-DEPARTMENT OF LABOR

shall be available for supplies, services, and rental of conference space
within the District of Columbia, as the Secretary of Labor shall deem
necessary for settlement of labor-management disputes.

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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.

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appropriated by this Act may be used to execute or carry out any contract
with a non-governmental entity to administer or manage a Civilian
Conservation Center of the Job Corps.

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Institutes of Health, except for those appropriated to the `Office of the
Director', may be used to provide forward funding or multiyear funding
of research project grants except in those cases where the Director of
the National Institutes of Health has determined that such funding is
specifically required because of the scientific requirements of a particular
research project grant.

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TITLE II

-DEPARTMENT OF HEALTH AND HUMAN SERVICES

expenses for active commissioned officers in the Public Health Service
Reserve Corps and for not to exceed 2,400 commissioned officers in the
Regular Corps; expenses incident to the dissemination of health information
in foreign countries through exhibits and other appropriate means; advances
of funds for compensation, travel, and subsistence expenses (or per diem
in lieu thereof) for persons coming from abroad to participate in health
or scientific activities of the Department pursuant to law; expenses of
primary and secondary schooling of dependents in foreign countries, of
Public Health Service commissioned officers stationed in foreign countries,
at costs for any given area not in excess of those of the Department of
Defense for the same area, when it is determined by the Secretary that the
schools available in the locality are unable to provide adequately for the
education of such dependents, and for the transportation of such dependents
between such schools and their places of residence when the schools are
not accessible to such dependents by regular means of transportation;
expenses for medical care for civilian and commissioned employees of the
Public Health Service and their dependents assigned abroad on a permanent
basis in accordance with such regulations as the Secretary may provide;
rental or lease of living quarters (for periods not exceeding five years),
and provision of heat, fuel, and light and maintenance, improvement,
and repair of such quarters, and advance payments therefor, for civilian
officers and employees of the Public Health Service who are United States
citizens and who have a permanent station in a foreign country; purchase,
erection, and maintenance of temporary or portable structures; and for the
payment of compensation to consultants or individual scientists appointed
for limited periods of time pursuant to section 207(f) or section 207(g)
of the Public Health Service Act, at rates established by the Assistant
Secretary for Health, or the Secretary where such action is required by
statute, not to exceed the per diem rate equivalent to the maximum rate
payable for senior-level positions under 5 U.S.C. 5376.

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

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Fund from appropriations in this Act shall be available for the expenses
of sharing medical care facilities and resources pursuant to section 327A
of the Public Health Service Act.

9b4303edb5249e0190cc030eb9313451245aca72f7b75dfe802f00d857433fdf

exceed $37,000 for official reception and representation expenses when
specifically approved by the Secretary.

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for room and board may be credited to the appropriation accounts which
finance the activities of the Public Health Service.

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to provide special retention pay (bonuses) under paragraph (4) of 37
U.S.C. 302(a) to any regular or reserve medical officer of the Public Health
Service for any period during which the officer is assigned to the clinical,
research, or staff associate program administered by the National Institutes
of Health or the Alcohol, Drug Abuse, and Mental Health Administration.

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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.

7286d46abbc5e8e71e2b4f5d30f4818a0978e0fb6d99ddc3cd7891e727771ebd

than 60 employees of the Public Health Service to assist in child survival
activities and to work in AIDS programs through and with funds provided by
the Agency for International Development, the United Nations International
Children's Emergency Fund or the World Health Organization.

5a692d1407ca9d4fa8bcd6561a82b7b2eee1d50246786d2e5d0c78f0b42ba975

supported computer systems and data bases, funds appropriated by this Act
are available for the purchase of dedicated telephone service between the
private residences of employees assigned to computer centers funded under
this Act, and the computer centers to which such employees are assigned.

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pay for any research program or project or any program, project, or course
which is of an experimental nature, or any other activity involving human
participants, which is determined by the Secretary or a court of competent
jurisdiction to present a danger to the physical, mental, or emotional
well-being of a participant or subject of such program, project, or course,
without the written, informed consent of each participant or subject, or
a participant's parents or legal guardian, if such participant or subject
is under eighteen years of age. The Secretary shall adopt appropriate
regulations respecting this section.

83ddf0a81526412e5d51f37fb892b93e875cc184d0d4b42530515d14d2101f87

Institutes of Health and the Alcohol, Drug Abuse, and Mental Health
Administration shall be used to pay the salary of an individual, through
a grant or other extramural mechanism, at a rate in excess of $125,000
per year.

94126f2feb703495ca666a7487a09b5ed567fd0e3e94417d2e70a36c24595a3b

National Institutes of Health, or any other Federal agency, or recipient
of Federal funds on any project that entails the capture or procurement
of chimpanzees obtained from the wild. For purposes of this section, the
term `recipient of Federal funds' includes private citizens, corporations,
or other research institutions located outside of the United States that
are recipients of Federal funds.

dca2cca30278fcdd7e6ace0e05ddcc5b4b6e1bd6664e2aed26649db696f5a2ec

are hereby reduced by $9,492,000: Provided, That the reduction for travel
costs shall be from the amounts set forth therefor in the budget estimates
submitted for the appropriations.

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none of the funds made available under this Act may be used to impose any
reductions in payment, or to seek repayment from or to withhold any payment
to any State under part B or part E of title IV of the Social Security Act,
by reason of a determination made in connection with any review of State
compliance with the foster care protections of section 427 of such Act
for any Federal fiscal year preceding fiscal year 1992.

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for the Blind, Howard University, the National Technical Institute for the
Deaf, and Gallaudet University shall be subject to financial and program
audit by the Secretary of Education and the Secretary may withhold all or
any portion of these appropriations if he determines that an institution
has not cooperated fully in the conduct of such audits.

5118f831693261eba3d1be2383109ded033e8f124fded6bcbd7d0b40fe979f2a

TITLE III

-DEPARTMENT OF EDUCATION

force any school or school district which is desegregated as that term is
defined in title IV of the Civil Rights Act of 1964, Public Law 88-352,
to take any action to force the busing of students; to force on account of
race, creed or color the abolishment of any school so desegregated; or to
force the transfer or assignment of any student attending any elementary
or secondary school so desegregated to or from a particular school over
the protest of his or her parents or parent.

98c0d2ad1c85191e5d9e5c2867df2fc10d7255b40259914284a685dd52612379

to force any school or school district which is desegregated as that
term is defined in title IV of the Civil Rights Act of 1964, Public Law
88-352, to take any action to force the busing of students; to require the
abolishment of any school so desegregated; or to force on account of race,
creed or color the transfer of students to or from a particular school so
desegregated as a condition precedent to obtaining Federal funds otherwise
available to any State, school district or school.
(b) No funds appropriated in this Act may be used for the transportation
of students or teachers (or for the purchase of equipment for such
transportation) in order to overcome racial imbalance in any school or
school system, or for the transportation of students or teachers (or for
the purchase of equipment for such transportation) in order to carry out
a plan of racial desegregation of any school or school system.

5ad1553c792657ec202aeacd58fa9b9f289ddff71acd25a0a9de22b723cf27cc

directly or indirectly, the transportation of any student to a school other
than the school which is nearest the student's home, except for a student
requiring special education, to the school offering such special education,
in order to comply with title VI of the Civil Rights Act of 1964. For the
purpose of this section an indirect requirement of transportation of students
includes the transportation of students to carry out a plan involving the
reorganization of the grade structure of schools, the pairing of schools,
or the clustering of schools, or any combination of grade restructuring,
pairing or clustering. The prohibition described in this section does not
include the establishment of magnet schools.

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the implementation of programs of voluntary prayer and meditation in the
public schools.

2c9a8b869398486dfd70a7ded67bf7fd9d9c6ee7a91885d35d204360b6ed7b26

1965 (20 U.S.C. 1221-1(e)) is amended by inserting at the end thereof the
following new paragraph:
`(7) GIFTS AND DONATIONS- The Commission may accept, use, and dispose of
money, gifts or donations of services or property.'.
This title may be cited as the `Department of Education Appropriations
Act, 1992'.
Action
operating expenses
For expenses necessary for Action to carry out the provisions of the Domestic
Volunteer Service Act of 1973, as amended, $198,592,000: Provided, That
$32,688,000 shall be available for title I, section 102, and $1,225,000
shall be available for title I, part C.
Corporation for Public Broadcasting
For payment to the Corporation for Public Broadcasting, as authorized by
the Communications Act of 1934, an amount which shall be available within
limitations specified by that Act, for the fiscal year 1994, $275,000,000:
Provided, That no funds made available to the Corporation for Public
Broadcasting by this Act shall be used to pay for receptions, parties,
or similar forms of entertainment for Government officials or employees:
Provided further, That none of the funds contained in this paragraph shall
be available or used to aid or support any program or activity from which
any person is excluded, or is denied benefits, or is discriminated against,
on the basis of race, color, national origin, religion, or sex.
Federal Mediation and Conciliation Service
salaries and expenses
For expenses necessary for the Federal Mediation and Conciliation Service
to carry out the functions vested in it by the Labor-Management Relations
Act, 1947 (29 U.S.C. 171-180, 182-183), including hire of passenger motor
vehicles, and for expenses necessary for the Service to carry out the
functions vested in it by the Civil Service Reform Act, Public Law 95-454
(5 U.S.C. chapter 71), $28,118,000.
Federal Mine Safety and Health Review Commission
salaries and expenses
For expenses necessary for the Federal Mine Safety and Health Review
Commission (30 U.S.C. 801 et seq.), $4,357,000.
National Commission on Acquired Immune Deficiency Syndrome
For expenses necessary for the National Commission on Acquired Immune
Deficiency Syndrome as authorized by subtitle D of title II of Public Law
100-607, $1,750,000.
National Commission on Children
salaries and expenses
For necessary expenses of the National Commission on Children, as
established by section 9136 of the Omnibus Reconciliation Act of 1987,
Public Law 100-203, $950,000 to remain available through December 31, 1992.
National Commission on Libraries and Information Science
salaries and expenses
For necessary expenses for the National Commission on Libraries and
Information Science, established by the Act of July 20, 1970 (Public Law
91-845), $831,000.
National Commission To Prevent Infant Mortality
For necessary expenses of the National Commission to Prevent Infant
Mortality, established by section 203 of the National Commission to Prevent
Infant Mortality Act of 1986, Public Law 99-660, $440,000, which shall
remain available until expended.
National Council on Disability
salaries and expenses
For expenses necessary for the National Council on Disability as authorized
by title IV of the Rehabilitation Act of 1973, as amended, $1,569,000.
National Labor Relations Board
salaries and expenses
For expenses necessary for the National Labor Relations Board to carry out
the functions vested in it by the Labor-Management Relations Act, 1947, as
amended (29 U.S.C. 141-167), and other laws, $162,000,000: Provided, That
no part of this appropriation shall be available to organize or assist in
organizing agricultural laborers or used in connection with investigations,
hearings, directives, or orders concerning bargaining units composed of
agricultural laborers as referred to in section 2(3) of the Act of July 5,
1935 (29 U.S.C. 152), and as amended by the Labor-Management Relations Act,
1947, as amended, and as defined in section 3(f) of the Act of June 25,
1938 (29 U.S.C. 203), and including in said definition employees engaged in
the maintenance and operation of ditches, canals, reservoirs, and waterways
when maintained or operated on a mutual, nonprofit basis and at least 95 per
centum of the water stored or supplied thereby is used for farming purposes.
National Mediation Board
salaries and expenses
For expenses necessary to carry out the provisions of the Railway Labor
Act, as amended (45 U.S.C. 151-188), including emergency boards appointed
by the President, $6,775,000.
Occupational Safety and Health Review Commission
salaries and expenses
For the expenses necessary for the Occupational Safety and Health Review
Commission (29 U.S.C. 661), $6,497,000.
Physician Payment Review Commission
SALARIES AND EXPENSES
For expenses necessary to carry out section 1845(a) of the Social Security
Act, $4,398,000, to be transferred to this appropriation from the Federal
Supplementary Medical Insurance Trust Fund.
Prospective Payment Assessment Commission
salaries and expenses
For expenses necessary to carry out section 1886(e) of the Social Security
Act, $4,030,000, to be transferred to this appropriation from the Federal
Hospital Insurance and the Federal Supplementary Medical Insurance Trust
Funds.
Railroad Retirement Board
DUAL BENEFITS PAYMENTS ACCOUNT
For payment to the Dual Benefits Payments Account, authorized under section
15(d) of the Railroad Retirement Act of 1974, $319,100,000 which shall
include amounts becoming available in fiscal year 1992 pursuant to section
224(c)(1)(B) of Public Law 98-76: Provided, That the total amount provided
herein shall be credited in 12 approximately equal amounts on the first
day of each month in the fiscal year.
federal payments to the railroad retirement accounts
For payment to the accounts established in the Treasury for the payment
of benefits under the Railroad Retirement Act for interest earned on
unnegotiated checks, $400,000, to remain available through September 30,
1993, which shall be the maximum amount available for payment pursuant to
section 417 of Public Law 98-76.
SPECIAL MANAGEMENT IMPROVEMENT FUND
To effect management improvements, including the reduction of backlogs,
accuracy of taxation accounting, and debt collection, $3,264,000, to be
derived from the railroad retirement accounts and railroad unemployment
insurance account: Provided, That these funds shall supplement, not supplant,
existing resources devoted to such operations and improvements.
limitation on administration
For necessary expenses for the Railroad Retirement Board, $72,287,000 to
be derived from the railroad retirement accounts: Provided, That $200,000
of the foregoing amount shall be available only to the extent necessary
to process workloads not anticipated in the budget estimates and after
maximum absorption of the costs of such workloads within the remainder
of the existing limitation has been achieved: Provided further, That
notwithstanding any other provision of law, no portion of this limitation
shall be available for payments of standard level user charges pursuant
to section 210(j) of the Federal Property and Administrative Services Act
of 1949, as amended (40 U.S.C. 490(j); 45 U.S.C. 231-231u).
limitation on railroad unemployment insurance administration fund
For further expenses necessary for the Railroad Retirement Board, for
administration of the Railroad Unemployment Insurance Act, not less than
$17,263,000 shall be apportioned for fiscal year 1992 from moneys credited
to the railroad unemployment insurance administration fund.
limitation on the office of inspector general
For expenses necessary for the Office of Inspector General for audit,
investigatory and review activities, as authorized by the Inspector General
Act of 1978, as amended, not more than $6,395,000, to be derived from the
railroad retirement accounts and railroad unemployment insurance account.
Soldiers' and Airmen's Home
operation and maintenance
For maintenance and operation of the United States Soldiers' and Airmen's
Home, to be paid from the Armed Forces Retirement Home Trust Fund,
$41,352,000: Provided, That this appropriation shall not be available for
the payment of hospitalization of members of the Home in United States
Army hospitals at rates in excess of those prescribed by the Secretary of
the Army upon recommendation of the Board of Commissioners and the Surgeon
General of the Army.
CAPITAL OUTLAY
For construction and renovation of the physical plant, to be paid from the
Armed Forces Retirement Home Trust Fund, $4,220,000, to remain available
until expended.
United States Institute of Peace
OPERATING EXPENSES
For necessary expenses of the United States Institute of Peace as authorized
in the United States Institute of Peace Act, $11,000,000.
United States Naval Home
OPERATION AND MAINTENANCE
For operation and maintenance of the United States Naval Home, to be paid
from funds available to the Naval Home in the Armed Forces Retirement Home
Trust Fund, $10,055,000, to remain available until September 30, 1993.
CAPITAL PROGRAM
For construction and renovation of the physical plant to be paid from funds
available to the Naval Home in the Armed Forces Retirement Home Trust Fund,
$1,253,000, to remain available until expended.

77fecb89f995dea0d31f59cb882923a382a9d492d9d457c56752eb1670eaf074

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

b2e124717b1e95362a318ea16703300b67b089dcd6e9f6192e8d993e7549a066

TITLE V

-GENERAL PROVISIONS

expended by an executive agency, as referred to in the Office of Federal
Procurement Policy Act (41 U.S.C. 401 et seq.), pursuant to any obligation
for services by contract, unless such executive agency has awarded and
entered into such contract in full compliance with such Act and regulations
promulgated thereunder.

6242b2405ec2884be2c7221592cde6ffbbac52e9a5b8288a8715d86a1e831d2b

expenses, shall be available for services as authorized by 5 U.S.C. 3109
but at rates for individuals not to exceed the per diem rate equivalent
to the maximum rate payable for senior-level positions under 5 U.S.C. 5376.

1d774c5da1b58f1ebde67937a0eaecdb8d0042c0d2569eeefc5031d2fc9ed284

and expenses, shall be available for uniforms or allowances therefor as
authorized by law (5 U.S.C. 5901-5902).

7f377190630cbb1930da0b5faebd2619a6620d839128e8af119a610af5040fd1

expenses, shall be available for expenses of attendance at meetings which
are concerned with the functions or activities for which the appropriation
is made or which will contribute to improved conduct, supervision, or
management of those functions or activities.

1d38342c51cb9ff6db63a7aa83b3df7f4c83a0c189eb816f32d638f5f03befc7

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

d0967b01e31f6a89c92b3c25083208287ae3a2e8383bbb1652c16563bbf27018

are authorized to transfer unexpended balances of prior appropriations
to accounts corresponding to current appropriations provided in this Act:
Provided, That such transferred balances are used for the same purpose, and
for the same periods of time, for which they were originally appropriated.

c1c118f7811d67572875a33b0d5fa82e2588db538c63c01fe9183fec6b551870

available for obligation beyond the current fiscal year unless expressly
so provided herein.

e4087b727ad598c68eff4d4dcd388ce1fc286da05a710075dcd4296b287f0b49

be used, other than for normal and recognized executive-legislative
relationships, for publicity or propaganda purposes, for the preparation,
distribution, or use of any kit, pamphlet, booklet, publication, radio,
television, or film presentation designed to support or defeat legislation
pending before the Congress, except in presentation to the Congress itself.
(b) No part of any appropriation contained in this Act shall be used to
pay the salary or expenses of any grant or contract recipient, or agent
acting for such recipient, related to any activity designed to influence
legislation or appropriations pending before the Congress.

85f9950940532637cf83f6d0cd632788f7f0f8939bf48d47c9153bedc0f90651

make available not to exceed $7,500 from funds available for salaries and
expenses under titles I and III, respectively, for official reception
and representation expenses; the Director of the Federal Mediation and
Conciliation Service is authorized to make available for official reception
and representation expenses not to exceed $2,500 from the funds available for
`Salaries and expenses, Federal Mediation and Conciliation Service'; and the
Chairman of the National Mediation Board is authorized to make available
for official reception and representation expenses not to exceed $2,500
from funds available for `Salaries and expenses, National Mediation Board'.

9979c278d120dbe8f906f4fbf7834db813d5df7c7015f1df7372454057c1a858

bid solicitations and other documents describing projects or programs
funded in whole or in part with Federal money, all grantees receiving
Federal funds, including but not limited to State and local governments,
shall clearly state (1) the percentage of the total costs of the program
or project which will be financed with Federal money, (2) the dollar amount
of Federal funds for the project or program, and (3) percentage and dollar
amount of the total costs of the project or program that will be financed
by nongovernmental sources.

c766dcdec70db68e35a5d3db7763f44a691bc6a73fe325ad4a01ca37c2e5fb99

programs funded by this Act shall be absorbed within the levels appropriated
in this Act.

67352f4dfa292140e74e157cad3fc3dfb323092eff9d388ae55f94fb84b6ae29

appropriated for salaries and expenses of the Department of Labor are
hereby reduced by $31,991,000; salaries and expenses of the Department of
Education are hereby reduced by $10,660,000; and salaries and expenses
of the Department of Health and Human Services are hereby reduced by
$142,349,000, including $8,000,000 of funds appropriated in this Act for
travel costs of the Public Health Service: Provided, That the reduction
for travel costs shall be from the amounts set forth therefor in the budget
estimates submitted for the appropriations.
(b) Notwithstanding any other provision of this Act, there are hereby
appropriated an additional $214,000 for `Salaries and expenses, Occupational
Safety and Health Review Commission' and an additional $786,000 for
`Salaries and expenses, Federal Mine Safety and Health Review Commission'.
(c) Notwithstanding any other provision of this Act, appropriations in
this Act for carrying out sections 658A through 658R of the Omnibus Budget
Reconciliation Act of 1981 shall not become available for obligation until
September 30, 1992.
This Act may be cited as the `Departments of Labor, Health and Human
Services, and Education, and Related Agencies Appropriations Act, 1992'.
Passed the House of Representatives November 22, 1991.
Attest:
Clerk.
HR 3839 EH----2
HR 3839 EH----3
HR 3839 EH----4
HR 3839 EH----5
HR 3839 EH----6

feefc80b2809b95192d7160b744a7fe480d5b66298f781586f08bfe5526f0fd6

Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1992 — HR. 3839

Other Sections

TITLE I

TITLE II

TITLE III

TITLE V

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