Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1990
PL 101-166 (H.R.3566), enacted 11/21/1989

PUBLIC LAW 101-166—NOV. 21, 1989 
103 STAT. 1159 
Public Law 101-166 
101st Congress 
An Act 
Making appropriations for the Departments of Labor, Health and Human Services, 
and Education, and related agencies, for the fiscal year ending September 30, 1990, 
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, 1990, and for other purposes, namely: 
s 
TITLE I—DEPARTMENT OF LABOR 
EMPLOYMENT AND TRAINING ADMINISTRATION 
PROGRAM ADMINISTRATION 
For expenses of administering employment and training pro-
grams, $64,693,000 together with not to exceed $53,817,000 which 
may be expended from the Employment Security Administration 
account in the Unemplojonent Trust Fund. 
Nov. 21, 1989 
[H.R. 3566] 
Departments of 
Labor, Health 
and Human 
Services, and 
Education, and 
Related 
Agencies 
Appropriations 
Act, 1990. 
Department of 
Labor 
Appropriations 
Act, 1990. 
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, 
$3,907,746,000, plus reimbursements, to be available for obligation 
for the period July 1, 1990, through June 30, 1991, of which 
$58,996,000 shall be for carrying out section 401, $70,000,000 shall be 
for carrying out section 402, $9,474,000 shall be for carrjdng out 
section 441, $2,000,000 shall be for the National Commission for 
Employment Policy, $4,100,000 shall be for all activities conducted 
by and through the National Occupational Information Coordinat-
ing Committee under the Job Training Partnership Act, and 
$5,150,000 shall be for service delivery areas under section 
101(aX4XAXiii) of the Job Training Partnership Act in addition to 
amounts otherwise provided under sections 202 and 2510i)) of the 
Act; and, in addition, $50,432,000 is appropriated for the Job Corps, 
in addition to £unounts otherwise provided herein for the Job Corps, 
to be available for obligation for the period July 1, 1990 through 
June 30,1993; and, in addition, $13,000,000, of which $1,500,000 shall 
be available for obligation for the period October 1, 1990 through 
September 30, 1991, 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. 
103 STAT. 1160 
PUBLIC LAW 101-166—NOV. 21, 1989 
For Job Corps program operations authorized by the Job Training 
Partnership Act, $13,492,000, in addition to amounts otherwise pro-
vided herein for these purposes, to be available for obligation for the 
period July 1,1989, through June 30,1990. 
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 (IXA) of section 506(a) of title V of the Older Americans 
Act of 1965, as amended, $282,360,000. 
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, $79,640,000. 
FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES 
For pajonents 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 pa)nments and allowances 
under part I, and for training, for allowances for job search and 
relocation, and for related administrative expenses under part II, 
subchapter B, chapter 2, title II of the Trade Act of 1974, as 
amended, $284,000,000, together with such amounts as may be 
necessary to be changed to the subsequent appropriation for pay-
ments 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. 49-491-1; 39 U.S.C. 3202(aXlXE)); title III of the Social 
Security Act, as amended (42 U.S.C. 502-504); necessary administra-
tive 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(aX15XHXii), 
212(aX14), and 216(g) (1), (2), and (3) of the Immigration and 
Nationality Act, as amended (8 U.S.C. 1101 et seq.); and necessary 
administrative expenses to carry out the Targeted Jobs Tax Credit 
Program under section 51 of the Internal Revenue Code of 1986, 
$22,000,000 together with not to exceed $2,575,200,000 (including not 
to exceed $3,000,000 which may be used for amortization pa3mients 
to States which had independent retirement plans in their State 
emplojrment service agencies prior to 1980), which may be expended 
from the Emplo3mient Security Administration account in the Un-
employment Trust Fund, and of which the sums available in the 
basic allocation for activities authorized by title III of the Social 
Security Act, as amended (42 U.S.C. 502-504), and the sums avail-
able in the basic 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, 1990, and of which $19,148,000 
of the amount which may be expended from said trust fund shall be 
aveiilable for obligation for the period April 1, 1990, through Decem-
ber 31, 1990, for automation of the State activities under title III of 
PUBLIC LAW 101-166—NOV. 21, 1989 
103 STAT. 1161 
the Social Security Act, as amended (42 U.S.C. 502-504 and 5 U.S.C. 
8501-8523), and of which $20,800,000 together with not to exceed 
$768,900,000 of the amount which may be expended from said trust 
fund shall be available for obligation for the period July 1, 1990, 
through June 30, 1991, to fimd activities under section 6 of the Act 
of Jiine 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 October 1, 
1990, through June 30, 1991, for automation of the State activities 
under section 6 of the Act of Jiine 6,1933, as amended, and of which 
$193,468,000 shall be available only to the extent necessary to 
administer unemplo3mtient 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 State's basic allocation was 
based, which cannot be provided for by normal budgetary adjust-
ments based on State obligations as of December 31,1990. 
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 au-
thorized by section 9501(cXl) of the Internal Revenue Code of 1954, 
as amended; and for nonrepayable advances to the Unemplojonent 
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, 1991, $33,000,000. 
LABOR-MANAGEMENT SERVICES 
SALARIES AND EXPENSES 
For 
necessary 
expenses 
for 
Labor-Management 
Services, 
$75,207,000, of which $6,400,000 for a pension plan data base shall 
remain available until September 30, 1991: Provided, That of the 
amount appropriated by Public Law 100-202 for a pension plan data 
base, up to $1,500,000 of unobligated balances as of September 30, 
1989 shall remain available for such pension plan data base until 
September 30,1990. 
J 
PENSION BENEFIT GUARANTY CORPORATION 
PENSION BENEFIT GUARANTY CORPORATION FUND 
The Pension Benefit Guaranty Corporation is authorized to make 
such expenditures, including financial assistance authorized by sec-
tion 104 of Public Law 96-364, within limits of funds and borrowing 
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, 1990, 
for such (Corporation: Provided, That not to exceed $42,301,000 shall 
be available for administrative expenses of the CJorporation: Pro-
103 STAT. 1162 
PUBLIC LAW 101-166—NOV. 21, 1989 
vided further. That contractual expenses of such Corporation for 
legal and financial services 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 Adminis-
tration, including reimbursement to State, Federal, and local agen-
cies and 
their 
employees 
for 
inspection 
services 
rendered, 
$218,322,000, together with $1,019,000 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 pajonent of compensation, benefits, and expenses (except 
administrative expenses) accruing during the current or any prior 
fiscsd 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 Appropria-
tion Act, 1947; the Employees' (Dompensation (Commission Appro-
priation 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 beneflte required by section l(Kh) of the 
Longshore and Harbor Workers (Dompensation Act, as amended, 
$255,000,000, together with such amounts as may be necessary to be 
charged to the subsequent year appropriation for the pajrment of 
compensation and other benefits for any period subsequent to 
September 15 of the current year: Provided, That in addition there 
shall be transferred from the Postal Service fund to this appropria-
tion such sums as the Secretary of Labor determines to be the cost of 
administration for Postal Service employees through September 30, 
1990. 
BLACK LUNG DISABIUTY TRUST FUND 
(INCLUDING TRANSFER OF FUNDS) 
For pa3nnents from the Black Lung Disability Trust Fund, 
$640,985,000, of which $590,486,000 shall be available until Septem-
ber 30, 1991, for pa3rment of all benefits as authorized by section 
9501(d) (1), (2), and (7), of the Internal Revenue Code of 1954, as 
amended, and of which $28,640,000 shall be available for transfer to 
Employment Standards Administration, Salaries and Expenses, and 
$21,350,000 for transfer to Departmental Management, Salaries and 
Expenses, and $509,000 for transfer to Departmental Management, 
Office of Inspector General, for expenses of operation and adminis-
tration of the Black Lung Benefits program as authorized by section 
9501(dX5XA) of that Act: Provided, That in addition, such amounts 
as may be necessary may be charged to the subsequent year appro-
priation for the payment of compensation or other benefits for any 
PUBLIC LAW 101-166—NOV. 21, 1989 
103 STAT. 1163 
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(dX5XB) of that Act. 
OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION 
SALARIES AND EXPENSES 
For necessary expenses for the Occupational Safety and Health 
Administration, $270,748,000 including not to exceed $60,633,000, 
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 
occupationsd 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 furtfier. 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 Occupa-
tional Safety and Health Act of 1970 affecting any work activity by 
reason of recreational hunting, shooting, or fishing: Provided fur-
ther. That no funds appropriated under this paragraph shall be 
obligated or expended to administer or enforce smy 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 Classi-
fication 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, tech-
nical assistance, educational and training services, and to con-
duct surveys and studies; 
(2) to conduct an inspection or investigation in response to an 
employee complEunt, 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 emplo3anent 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 investiga-
tion authorized by such Act; eind 
103 STAT. 1164 
PUBLIC LAW 101-166—NOV. 21, 1989 
(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 Adminis-
tration, $170,593,000, including purchase and bestowal of certificates 
and trophies in connection with mine rescue and first-aid work, and 
the purchase of not to exceed twenty passenger motor vehicles for 
30 use 962. 
replacement only; the Secretary is authorized to accept lands, build-
ings, equipment, and other contributions from public and private 
sources and to prosecute projects in cooperation with other agencies. 
Federal, State, or private; the Mine Safety and Health Administra-
tion is authorized to promote health and safety education and 
trgdning in the mining community through cooperative programs 
with States, industry, and safety associations; and any funds avail-
able to the Department may be used, with the approval of the 
Secretary, to provide for the costs of mine rescue and survival 
operations in 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(gXl) 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, includ-
y 
ing advances or reimbursements to State, Federal, and local agen-
cies and their employees for services rendered, $193,771,000, 
together with not to exceed $49,518,000, which may be expended 
from the Employment Security Administration account in the Un-
employment Trust Fund. 
DEPARTMENTAL MANAGEMENT 
SALARIES AND EXPENSES 
"^ 
For necessary expenses for Departmental Mansigement, including 
the hire of 5 sedans, and including $2,880,000 for the President's 
Committee on Employment of People With Disabilities, $115,072,000 
together with not to exceed $285,000 which may be expended from 
the Employment Security Administration account in the Unemploy-
ment Trust Fund. 
PUBLIC LAW 101-166—NOV. 21, 1989 
103 STAT. 1165 
ASSISTANT SECRETARY FOR VETERANS EMPLOYMENT AND TRAINING 
Not to exceed $162,623,000 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 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, as 
amended, $41,997,000, together with not to exceed $5,194,000, which 
may be expended from the Employment Security Administration 
account in the Unemployment Trust Fund. 
GENERAL PROVISIONS 
SEC. 101. Appropriations in this Act available for salaries and 
expenses shall be available for supplies, services, and rental of 
conference space within the District of Columbia, as the Secretary of 
Labor shall deem necessary for settlement of labor-management 
disputes. 
SEC. 102. None of the funds appropriated under this Act shall be 
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. 
SEC. 103. Notwithstanding any other provision of this Act, no 
funds appropriated by this Act may be used to execute or carry out 
any contract with a non-governmental entity to administer or 
manage a Civilian Conservation Center of the Job Corps which was 
not under such a contract as of September 1,1984. 
SEC. 104. None of the funds appropriated in this Act shall be used 
by the Job Corps program to pay the expenses of legal counsel or 
representation in any criminal case or proceeding for a Job Corps 
participant, unless certified to and approved by the Secretary of 
Labor that a public defender is not available. 
SEC. 105. (a) Within sixty days after the enactment of this Act, the 
Oregon. 
United States, acting through the Secretary of Labor (or an official 
^®^l property. 
of the Department of Labor duly authorized by the Secretary of 
Labor) shall convey to the State of Oregon without consideration, all 
rights, title, and interest of the United States, in real property 
described in subsection 0)) (and any improvements thereon). 
(b) The real property referred to in subsection (a) is that property 
commonly known as the "Emerald Heights Housing (jomplex" 
located in the city of Astoria, Clatsop County, Oregon. 
This title may be cited as the "Department of Labor Appropria-
tions Act, 1990". 
103 STAT. 1166 
PUBLIC LAW 101-166—NOV. 21, 1989 
Department of 
Health and 
Human Services 
Appropriations 
Act, 1990. 
TITLE II—DEPARTMENT OF HEALTH AND HUMAN 
SERVICES 
HEALTH RESOURCES AND SERVICES ADMINISTRATION 
HEALTH RESOURCES AND SERVICES 
PROGRAM OPERATIONS 
For carrying out titles III, VII, VIII, X, XXIV, XVI, and XXVI of 
the Public Health Service Act, section 427(a) of the Federal Coal 
Mine Health and Safety Act, title V of the Social Security Act, and 
the Health Care Quality Improvement Act of 1986, as sunended, 
$1,782,271,000, of which $11,885,000 for health care for the homeless 
shall be available for obligation for the quarter beginning October 1, 
1990, and ending December 31, 1990, of which $889,000, to remain 
available until expended, shall be available for renovating the Gillis 
W. Long Hansen's Disease Center, 42 U.S.C. 247e, of which $494,000 
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 and of which $4,400,000 shall be made 
available until expended to make grants under section 16100?) of the 
Public Health Service Act for renovation or construction of non-
acute care intermediate and long-term care facilities for AIDS 
patients: Provided, That notwithstanding section 838 of the Public 
Health Service Act, not to exceed $10,000,000 of funds returned to 
the Secretary pursuant to section 839(c) of the Public Health Service 
Act or pursuant to a loan agreement under section 740 or 835 of the 
Act may be used for activities under titles III, VII, and VIII of the 
Act: Provided further. That when the Department of Health and 
Human Services administers or operates an employee health pro-
gram for any Federal department or agency, pa3mient for the full 
estimated cost shall be made by way of reimbursement or in 
advances to this appropriation: Provided further. That of this 
amount, $30,000,000 is available until expended for grants to States 
for Human Immunodeficiency Virus drug reimbursement, pursuant 
to section 319 of the Public Health Service Act: Provided 
further. 
That user fees authorized by 31 U.S.C. 9701 may be credited to 
appropriations under this heading, notwithstanding 31 U.S.C. 3302. 
MEDICAL FACIUTIES GUARANTEE AND LOAN FUND 
FEDERAL INTEREST SUBSIDIES FOR MEDICAL FACIUTIES 
For carrjdng out subsections (d) and (e) of section 1602 of the 
Public Health Service Act, $21,000,000, together with any amounts 
received by the Secretary in connection with loans and loan guaran-
tees 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 commitments for direct loans or loan 
guarantees shall be made. 
HEALTH PROFESSIONS GRADUATE STUDENT LOAN FUND 
For carrying out title VII of the Public Health Service Act, 
$25,000,000, to remain available until expended, for payments on 
defaulted loans for the Health Education Assistance Loan program. 
PUBLIC LAW 101-166—NOV. 21, 1989 
103 STAT. 1167 
VACCINE INJURY COMPENSATION 
For payments from the Vaccine Injury Compensation Trust Fund, 
such sums as may be necessary for claims sissociated with vaccine-
related injury or death resolved during the current fiscal year with 
respect to vaccines administered after September 30, 1988, pursuant 
to subtitle 2 of title XXI of the Public Health Service Act as 
amended by Public Law 100-203. 
For compensation of claims resolved by the United States Claims 
Court related to the administration of vaccines before October 1, 
1988, $74,500,000, of which such sums as may be necessary shall be 
used to reimburse the Vaccine Injury Compensation Trust Fund for 
any pa3anent of such claims made from the Trust Fund prior to the 
current fiscal year: Provided, That necessary expenses of the 
Department of Health and Human Services under the National 
Childhood Vaccine Injury Act of 1986, not to exceed $1,500,000, shall 
be reimbursed from the Trust Fund. 
CENTERS FOR DISEASE CONTROL 
. 
» 
DISEASE CONTROL, RESEARCH, AND TRAINING 
To carry out titles III, XVII, 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 
22 of the Occupational Safety and Health Act of 1970; including 
insurance of official motor vehicles in foreign countries; and hire, 
maintenance, and operation of aircrcift, $1,101,559,000, of which 
$2,000,000 shall remain available until expended for equipment and 
construction and renovation of facilities: Provided, That training of 
private persons shall be made subject to reimbursement or advances 
to this appropriation for not in excess of the full cost of such 
training: Provided further. That funds appropriated under this head-
ing 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 had 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 collections from user fees may be credited to this appropria-
tion: Provided further, That amounts received by the National 
Center for Health Statistics from reimbursable and interagency 
agreements and the sale of data tapes may be credited to this 
appropriation and shall remain available until expended: Provided 
further. 
That in addition to amounts provided herein, up to 
$19,000,000 shall be available from amounts available under section 
2613 of the Public Health Service Act, to carry out the National 
Center for Health Statistics surveys: Provided further. That employ-
ees of the Public Health Service, both civilian and Commissioned 
Officer, detailed to States or municipalities as £issignees under 
authority of section 214 of the Public Health Service Act in the 
instance where in excess of 50 per centum of salaries and benefits of 
the assigpiee is paid directly or indirectly by the State or municipal-
103 STAT. 1168 
PUBLIC LAW 101-166—NOV. 21, 1989 
ity, and employees of the National Center for Health Statistics, who 
are assisting other Federal organizations on data collection and 
analysis and whose salaries are fully reimbursed by the organiza-
tions requesting the services, shall be treated as non-Federal 
employees for reporting purposes only; and, in addition, for high 
priority construction projects of the Centers for Disease Control, 
$5,000,000. 
NATIONAL INSTITUTES OF HEALTH 
NATIONAL CANCER INSTITUTE 
For carrying out section 301 and title IV of the Public Health 
Service Act with respect to cancer, $1,664,000,000. 
NATIONAL HEART, LUNG, AND BLOOD INSTITUTE 
For carrying out sections 301 and 1105 and title IV of the Public 
Health Service Act with respect to cardiovsiscular, lung, and blood 
diseases, and blood and blood products, $1,091,264,000. 
NATIONAL INSTITUTE OF DENTAL RESEARCH 
For carrying out section 301 and title IV of the Public Health 
Service Act with respect to dental diseases, $138,053,000. 
NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND KIDNEY 
DISEASES 
For carrying out section 301 and title IV of the Public Health 
Service Act with respect to diabetes and digestive and kidney dis-
eases, $591,887,000. 
NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS AND STROKE 
For carrying out section 301 and title IV of the Public Health 
Service Act with respect to neurological disorders and stroke, 
$497,096,000. 
NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES 
For carrying out section 301 and title IV of the Public Health 
Service Act with respect to allergy and infectious diseeises, 
$846,318,000. 
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, $691,866,000. 
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, 
$450,593,000. 
NATIONAL EYE INSTITUTE 
For carrying out section 301 and title IV of the Public Health 
Service Act with respect to eye diseases and visual disorders, 
$241,205,000. 
PUBLIC LAW 101-166—NOV. 21, 1989 
103 STAT. 1169 
NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES 
For canying out sections 301 and 311, and title IV of the Public 
Health Service Act with respect to environmental health sciences, 
$233,264,000. 
NATIONAL INSTITUTE ON AGING 
For carrying out section 301 and title IV of the Public Health 
Service Act with respect to aging, $243,509,000. 
NATIONAL INSTITUTE OF ARTHRITIS AND MUSCULOSKELETAL AND SKIN 
DISEASES 
For carrying out section 301 and title IV of the Public Hesdth 
Service Act with respect to arthritis, and musculoskeletal and skin 
diseases, $171,681,000. 
NATIONAL INSTITUTE ON DEAFNESS AND OTHER COMMUNICATION 
DISORDERS 
For carrying out section 301 and title IV of the Public Health 
Service Act with respect to deafness and other commiuiication 
disorders, $119,000,000. 
RESEARCH RESOURCES 
For carrying out section 301 and title IV of the Public Health 
Service Act with respect to research resources and general research 
support grants, $354,191,000: 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. 
NATIONAL CENTER FOR NURSING RESEARCH 
For carrying out section 301 and title IV of the Public Health 
Service Act with respect to nursing research, $33,969,000. 
NATIONAL CENTER FOR HUMAN GENOME RESEARCH 
For carrying out section 301 and title IV of the Public Health 
Service Act with respect to human genome research, $60,000,000. 
JOHN E. FOGARTY INTERNATIONAL CENTER 
For carrying out the activities at the John E. Fogarty Inter-
national Center, $15,556,000. 
NATIONAL LIBRARY OF MEDICINE 
For carrying out section 301 and title IV of the Public Health 
Service Act with respect to health information communications, 
$83,311,000. 
OFFICE OF THE DIRECTOR 
For canying out the responsibilities of the Office of the Director, 
National Institutes of Health, $108,987,000, including purchase of 
103 STAT. 1170 
PUBLIC LAW 101-166—NOV. 21, 1989 
not to exceed five passenger motor vehicles for replacement only: 
Provided, That $34,000,000 of this amount shall be available only for 
the purchase of an advanced design supercomputer: Provided fur-
ther. That in addition, the Secretary shall transfer $15,000,000 from 
appropriations available to each of the Institutes which shall be 
available for extramural facilities construction grants if authorized 
in law and if awarded competitively including such amount as he 
may deem appropriate for research animal production facilities. 
BUILDINGS AND FACIUTIES 
For construction of, and acquisition of equipment for, facilities of 
or used by the National Institutes of Health, $61,600,000, to remain 
available until expended. 
ALCOHOL, DRUG ABUSE, AND MENTAL HEALTH ADMINISTRATION 
ALCOHOL, DRUG ABUSE, AND MENTAL HEALTH 
For carrying out the Public Health Service Act with respect to 
mental health, drug abuse, alcohol abuse, and alcoholism, section 
3521 of Public Law 100-690, and the Protection and Advocacy for 
Mentally 111 Individuals Act of 1986, $1,934,177,000, of which 
$7,359,000 for homeless activities shall be available for obligation for 
the period October 1, 1990 through September 30, 1991, and, of 
which $198,000 for renovation of government owned or leased intra-
mural research facilities shall remain available until expended. 
FEDERAL SUBSIDY FOR SAINT EUZABETHS HOSPITAL 
To carry out the Saint Elizabeths Hospital and District of Colum-
bia Mental Health Services Act, $18,000,000, which shall be avail-
able in fiscal year 1990 for pajrments to the District of Columbia as 
authorized by section 9(a) of the Act: Provided, That any amounts 
determined by the Secretary of Health and Human Services to be in 
excess of the amounts requested and estimated to be necessary to 
carry out sections 6 and 9(fX2) of the Act shall be returned to the 
Treasury: Provided further. That funds appropriated for Federal 
activities authorized by sections 6 and 9 of the Act, shall remain 
available through September 30, 1991, and may be used for adminis-
trative and maintenance functions in implementing the Act. 
ASSISTANT SECRETARY FOR HEALTH 
OFFICE OF THE ASSISTANT SECRETARY FOR HEALTH 
For the expenses necessary for the Office of Assistant Secretary 
for Health and for carrying out titles III, XVII, XX, and XXI of the 
Public Health Service Act, Public Law 100-505, and subtitle D of 
title II of Public Law 100-607, $77,352,000, together with not to 
exceed $1,037,000 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 received by the 
Public Health Service from Freedom of Information Act fees, 
reimbursable and interagency agreements and the sale of data tapes 
shall be credited to this appropriation and shall remain available 
until expended: Provided, That in addition to amounts provided 
PUBLIC LAW 101-166—NOV. 21, 1989 
103 STAT. 1171 
herein, up to $14,681,000 shall be available from amounts available 
under section 2611 of the Public Health Service Act, to carry out the 
National Medical Expenditure Survey and the Hospital Studies 
Program. 
RETIREMENT PAY AND MEDICAL BENEFITS FOR COMMISSIONED OFFICERS 
For retirement pay and medical benefits of Public Health Service 
Commissioned Officers as authorized by law, and for payments 
under the Retired Serviceman's Family Protection Plan and Survi-
vor Benefit Plan and for medical care of dependents and retired 
personnel under the Department's Medical Care Act (10 U.S.C. 
ch.55), and for payments pursuant to section 22903) of the Social 
Security Act (42 U.S.C. 4290))), such amounts as may be required 
during the current fiscal year. 
MEDICAL TREATMENT EFFECTIVENESS 
For expenses necessary for the Public Health Service to support 
medical effectiveness research, $27,000,000, together with not to 
exceed $5,000,000 to be transferred and expended as authorized by 
title VIII, subsection E, section 8413 of the Technical and Mis-
cellaneous Revenue Act of 1988 from the Federal Hospital Insurance 
and Supplementary Medical Insurance Trust Funds referred to 
therein. 
HEALTH CARE FINANCING ADMINISTRATION 
GRANTS TO STATES FOR MEDICAID 
For carrying out, except £is otherwise provided, titles XI and XIX 
of the Social Security Act, $30,136,654,000, to remain available until 
expended. 
For making, after May 31, 1990, payments to States under title 
XIX of the Social Security Act for the last quarter of fiscal year 1990 
for unanticipated costs, incurred for the current fiscal year, such 
sums as may be necessary. 
For making payments to States under title XIX of the Social 
Security Act for the first quarter of fiscal year 1991, $10,400,000,000, 
to remain available until expended. 
Payment under title XIX may be made for any quarter with 
respect to a State plan or plan amendment in effect during such 
quarter, if submitted in or prior to such quarter and approved in 
that or any subsequent quarter. 
PAYMENTS TO HEALTH CARE TRUST FUNDS 
For payment to the Federal Hospital Insurance and the Federal 
Supplementary Medicsd Insurance Trust Funds, as provided under 
sections 217(g) and 1844 of the Social Security Act, sections 103(c) 
and 111(d) of the Social Security Amendments of 1965, and section 
278(d) of Public Law 97-248, $36,338,500,000. 
PROGRAM MANAGEMENT 
For carrying out, except as otherwise provided, titles XI, XVIII, 
and XIX of the Social Security Act, title XIII of the Public Health 
Service Act, the Clinical Laboratories Improvement Act of 1988, and 
section 4005(e) of Public Law 100-203, $101,908,000 together with not 
103 STAT. 1172 
PUBLIC LAW 101-166—NOV. 21, 1989 
to exceed $1,917,172,000 to be transferred to this appropriation as 
authorized by section 201(g) of the Social Security Act, from the 
Federal Hospital Insurance, the Federal Supplementary Medical 
Insurance, the Federal Catastrophic Drug Insurance, and the Fed-
eral Hospital Insurance Catastrophic Coverage Reserve Trust 
Funds: Provided, That $100,000,000 of said trust funds shall be 
expended only to the extent necessary 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 limita-
tion has been achieved: Provided further. That all funds derived 
in accordance with 31 U.S.C. 9701 are to be credited to this 
appropriation. 
HEALTH MAINTENANCE ORGANIZATION LOAN AND LOAN GUARANTEE 
FUND 
For carrying out subsections (d) and (e) of section 1308 of the 
Public Health Service Act, $5,000,000, together with any amounts 
received by the Secretary in connection with loans and loan guaran-
tees under title XIII of the Public Health Service Act, to be available 
without fiscal year limitation for the payment of prepajnnent pre-
miums and interest subsidies. During the fiscal year, no commit-
ments for direct loans or loan guarantees shall be made. 
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), 228(g), and 1131(bX2) of the Social Security Act, 
$191,968,000. 
SPECIAL BENEFITS FOR DISABLED COAL MINERS 
For carrying out title IV of the Federal Mine Safety and Health 
Act of 1977, including the pajonent of travel expenses on an actual 
cost or commuted basis, to an individual, for travel incident to 
medical examinations, and when travel of more than 75 miles is 
required, to parties, their representatives, and all reasonably nec-
essary witnesses for travel within the United States, Puerto Rico, 
and the Virgin Islands, to reconsideration interviews and to proceed-
ings before administrative law judges, $648,862,000, to remain avail-
able until expended: Provided, That monthly benefit payments shall 
be paid consistent with section 215(g) of the Social Security Act. 
For making, after July 31 of the current fiscal year, benefit 
pajrments 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 
1991, $215,000,000, to remain available until expended. 
SUPPLEMENTAL SECURITY INCOME PROGRAM 
For canying out the Supplemental Security Income Program, 
title XI of the Social Security Act, section 401 of Public Law 92-603, 
PUBLIC LAW 101-166—NOV. 21, 1989 
103 STAT. 1173 
section 212 of Public Law 93-66, as amended, and section 405 of 
Public Law 95-216, including payment to the Social Security trust 
funds for administrative expenses incurred pursuant to section 
201(gXl) of the Social Security Act, $9,098,758,000, to remain avail-
able until expended: Provided, That any portion of the funds pro-
vided 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 unanticipated costs incurred for the current fiscal year, such 
sums as may be necessary. 
For carrying out the Supplemental Security Income Program for 
the first quarter of fiscal year 1991, $3,157,000,000, to remain avail-
able until expended. 
LIMITATION ON ADMINISTRATIVE EXPENSES 
For necessary expenses, not more than $3,837,389,000 may be 
expended, as authorized by section 201(gXl) 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 
42 USC 1383 
such Act for travel to hearings may be made only when travel of "°*®-
more than seventy-five miles is required: Provided further, That 
$97,870,000 of the foregoing amount shall be apportioned for use 
only to the extent necessary to process workloads or meet other 
costs not anticipated in the budget estimates and to meet mandatory 
increases in costs of agencies or organizations with which agree-
ments have been made to participate in the administration of titles 
XVI and XVIII and section 221 of the Social Security Act, and after 
maximum absorption of such costs within the remainder of the 
existing limitation has been achieved: Provided further. That none 
of the funds appropriated by this Act may be used for the manufac-
ture, printing, or procuring of social security cards, as provided in 
section 205(cX2XD) 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. 
FAMILY SUPPORT ADMINISTRATION 
FAMILY SUPPORT PAYMENTS TO STATES 
For making payments to States or other non-Federal entities, 
except as otherwise provided, under titles I, IV-A and -D, X, XI, 
XIV, and XVI of the Social Security Act, section 903 of Public Law 
100-628, and the Act of July 5, 1960 (24 U.S.C. ch. 9), $9,007,946,000, 
to remain available until expended. 
For making, after May 31 of the current fiscal year, payments to 
States or other non-Federal entities under titles I, IV-A and -D, X, 
XI, XIV, and XVI of the Social Security Act, for the last three 
months of the current year for unanticipated costs, incurred for the 
current fiscal year, such sums as may be necessary. 
For making payments to States or other non-Federal entities 
under titles I, IV-A and -D, X, XI, XIV, and XVI of the Social 
Security Act, and the Act of July 5, 1960 (24 U.S.C. ch. 9) for the first 
quarter of fiscal year 1991, $3,000,000,000, to remain available until 
expended. 
103 STAT. 1174 
PUBLIC LAW 101-166—NOV. 21, 1989 
PAYMENTS TO STATES FOR AFDC WORK PROGRAMS 
For carrying out aid to families with dependent children work 
programs, as authorized by part F and part C (including registration 
of individuals for such programs, and for related child care and 
other supportive services as authorized by section 402(aX19XG)) of 
title IV of the Social Security Act, $349,975,000, together with such 
additional amounts as may be necessary for unanticipated costs 
incurred for the current fiscal year for carrjdng out those programs: 
Provided, That the total amount appropriated under this paragraph 
shall not exceed the limit established in section 403(kX3) of the Act 
(as added by section 201(c) of the Family Support Act of 1988): 
Provided further. That a State may not receive more than one-
fourth of the amount of its fiscal year 1989 allotment under part C 
for each quarter in fiscal year 1990 during which part C applies to 
that State, and a State may not receive more than one-fourth of its 
annual limitation determined under section 403(kX2) for each quar-
ter in fiscal year 1990 during which part F applies to that State: 
Provided further. That the quarterly amounts specified in this 
paragraph shall be the maximum amounts to which the States may 
become entitled for these purposes. 
LOW INCOME HOME ENERGY ASSISTANCE 
For making payments under title XXVI of the Omnibus Budget 
Reconciliation Act of 1981, $1,393,000,000, of which $60,000,000 shall 
become available for making pa3mients on September 30, 1990, 
REFUGEE AND ENTRANT ASSISTANCE 
For making payments for refugee and entrant assistance activities 
authorized by title IV of the Immigration and Nationality Act and 
section 501 of the Refugee Education Assistance Act of 1980 (Public 
Law 96-422), $368,822,000, of which $210,000,000 shall be available 
for State C£ish and medical assistance. 
INTERIM ASSISTANCE TO STATES FOR LEGALIZATION 
Section 204(aXl) of the Immigration Reform and Control Act of 
8 use 1255a 
1986 is amended— 
note. 
(1) by inserting "(A)" after "IN GENERAL.—"; and 
(2) by adding at the end thereof the following new subpara-
graphs: 
"(B) Funds appropriated for fiscal year 1990 under this section 
are reduced by $555,244,000. 
"(C) For fiscal year 1992, there are appropriated to carry out 
this section for costs incurred on or after October 1, 1989 
(including Federal, State, and local administrative costs) out of 
any money in the Treasury not otherwise appropriated, 
$1,000,000,000 (less the amount described in paragraph (2)) less 
the amount made available for allotments to States under 
subsection Qo) for fiscal year 1990.". 
COMMUNITY SERVICES BLOCK GRANT 
For making payments under the (Dommunity Services Block Grant 
Act and the Stewart B. McKinney Homeless Assistance Act, 
$396,680,000, of which $8,041,000 for homeless activities shall be 
PUBLIC LAW 101-166—NOV. 21, 1989 
103 STAT. 1175 
available for obligation for the period October 1, 1990 through 
September 30, 1991, of which $20,254,000 shall be for carrying out 
section 681(aX2XA), $4,013,000 shall be for canying out section 
681(aX2XD), $2,948,000 shall be for carrying out section 681(aX2XE), 
$9,669,000 shall be for carrying out section 681(aX2XF), $236,000 
shall be for carrying out section 681(aX3), $3,512,000 shall be for 
carrying out section 408 of Public Law 99-425, and $2,418,000 shall 
be for carrying out section 681A with respect to the community food 
and nutrition program. 
PROGRAM ADMINISTRATION 
For necessary administrative expenses to carry out titles I, IV, X, 
" 
XI, XIV, and XVI of the Social Security Act, the Act of July 5, 1960 
(24 U.S.C. ch. 9), title XXVI of the Omnibus Budget Reconciliation 
Act of 1981, the Community Services Block Grant Act, title IV of the 
Immigration and Nationality Act, section 501 of the Refugee Edu-
cation Assistance Act of 1980, Public Law 100-77, Public Law 
100-628, and section 126 and titles IV and V of Public Law 100-485, 
$86,806,000. 
ASSISTANT SECRETARY FOR HUMAN DEVELOPMENT SERVICES 
^-^ 
SOCIAL SERVICES BLOCK GRANT 
For 
carrying 
out the 
Social Services Block Grant 
Act, 
$2,700,000,000. 
HUMAN DEVELOPMENT SERVICES 
For carrying out, except as otherwise provided, the Runaway and 
Homeless Youth Act, the Older Americans Act of 1965, the Devel-
opmental Disabilities Assistance and Bill of Rights Act, the Child 
Abuse Prevention and Treatment Act, section 404 of Public Law 
98-473, chapters 1 and 2 of subtitle B of title III of the Anti-Drug 
Abuse Act of 1988, the Family Violence Prevention and Services Act 
(title III of Public Law 98-457), the Native American Programs Act, 
title II of Public Law 95-266 (Adoption opportunities), title II of the 
Children's Justice and Assistance Act of 1986, chapter 8-D of title 
,_ .•=•, 
VI of the Omnibus Budget Reconciliation Act of 1981 (pertaining to 
^ 
grants to States for planning and development of dependent care 
programs), the Head Start Act, the Comprehensive Child Develop-
ment Centers Act of 1988, the Child Development Associate Scholar-
ship Assistance Act of 1985, the Abandoned Infants Assistance Act 
of 1988 and part B of title IV and section 1110 of the Social Security 
Act, $2,784,090,000. 
PAYMENTS TO STATES FOR FOSTER CARE AND ADOPTION ASSISTANCE 
For carrying out part E of title IV of the Social Security Act, 
, 
$1,380,048,000, of which $50,000,000 shall be for carrying out section 
477 of the Social Security Act. 
DEPARTMENTAL MANAGEMENT 
GENERAL DEPARTMENTAL MANAGEMENT 
For necessary expenses, not otherwise provided, for general de-
artmental management, including hire of six medium sedans, 
80,577,000, of which $19,281,000 shall be available for expenses 
103 STAT. 1176 
PUBLIC LAW 101-166—NOV. 21, 1989 
necessary for the Office of the (Jeneral Counsel, together with 
$31,201,000, of which $26,116,000 shall be available for expenses 
necessary for the Office of the General Counsel, to be transferred 
and expended as authorized by section 201(gXl) of the Social Security 
Act from any one or all of the trust funds referred to therein. 
OFFICE OF THE INSPECTOR GENERAL 
For expenses necessary for the Office of the Inspector General in 
carrjdng out the provisions of the Inspector General Act of 1978, as 
amended, $50,600,000, together with not to exceed $44,300,000, to be 
transferred and expended as authorized by section 201(gXl) of the 
Social Security Act from any one or all of the trust funds referred to 
therein. 
) 
OFFICE FOR CIVIL RIGHTS 
For expenses necessary for the Office for Civil Rights, $17,567,000, 
together with not to exceed $4,000,000, to be transferred and ex-
pended as authorized by section 201(gXl) of the Social Security Act 
from any one or all of the trust funds referred to therein. 
POUCY RESEARCH 
For canying out, to the extent not otherwise provided, research 
studies under section 1110 of the Social Security Act, $5,012,000. 
GENERAL PROVISIONS 
SEC. 201. None of the funds appropriated by this title for grants-in-
aid of State agencies to cover, in whole or in part, the cost of 
operation of said agencies, including the salaries and expenses of 
officers and employees of said agencies, shall be withheld from the 
said Eigencies 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 daid officers or employees. 
Grants. 
SEC. 202. None of the funds made available by this Act for the 
National 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 deter-
mined that such funding is specifically required because of the 
scientific requirements of a particular research project grant. 
SEC. 203. Appropriations in this or any other Act shall be avail-
able for expenses for active commissioned officers in the Public 
Health Service Reserve Corps and for not to exceed 2,400 commis-
sioned 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 com-
pensation, 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 
PUBLIC LAW 101-166—NOV. 21, 1989 
103 STAT. 1177 
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 medi-
cal care for civilian and commissioned employees of the Public 
Health Service and their dependents, assigned abroad on a perma-
nent basis in accordance with such regulations £is 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; purcheise, erection, and maintenance of 
temporary or portable structures; and for the payment of compensa-
tion 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. 
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 avail-
able for the expenses of sharing medical care facilities and resources 
pursuant to section 327A of the Public Health Service Act. 
SEC. 206. Funds appropriated in this title shall be available for not 
to exceed $37,000 for official reception and representation expenses 
when specifically approved by the Secretary. 
SEC. 207. Amounts received from employees of the Department in 
payment for room and board may be credited to the appropriation 
accounts which finance the activities of the Public Health Service. 
SEC. 208. None of the funds made available by this Act shall be 
used to provide special retention pay Ot)onuses) under par^raph (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. 
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. The Secretary shall make available through assignment 
not more than 60 employees of the Public Health Service to assist in 
the child survival activities and to work in AIDS programs through 
and with funds provided by the Agency for International Develop-
ment, the United Nations International Children's Emergency Fund 
or the World Health Organization. 
SEC. 212. For the purpose of insuring proper management of 
federally supported computer systems and data bases, funds appro-
priated by this Act are available for the purchase of dedicated 
Abortion. 
Contracts. 
Children and 
youth. 
AIDS. 
103 STAT. 1178 
PUBLIC LAW 101-166—NOV. 21, 1989 
Regulations. 
AIDS. 
Research and 
development. 
Public buildings 
and grounds. 
Education. 
AIDS. 
telephone service between the private residences of employees as-
signed to computer centers funded under this Act, and the computer 
centers to which such employees are assigned. 
SEC. 213. Funds available in this title for activities related to 
Human Immunodeficiency Virus may be transferred by the Sec-
retary of Health and Human Services between appropriation ac-
counts, except that this section shall not apply to funds made 
available for fiscal year 1990. 
SEC. 214. No funds appropriated under this Act shall be used by 
the 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. 
SEC. 215. None of the funds appropriated by this title shall be used 
to pay for any research program or project or any program, project, 
or course which is of an experimental nature, or any other activity 
involving human participants, which is determined by the Secretary 
or a court of competent jurisdiction to present a danger to the 
physical, mental, or emotional well-being of a participant or subject 
of such program, project, or course, without the written, informed 
consent of each participant or subject, or a participant's parents or 
legal guardian, if such participant or subject is under eighteen years 
of age. The Secretary shall adopt appropriate regulations respecting 
this section. 
SEC. 216. In administering funds made available under this title 
for research relating to the treatment of AIDS, the National In-
stitutes of Health shall take all possible steps to ensure that all 
experimental drugs for the treatment of AIDS, particularly 
antivirals and immunomodulators, that have shown some effective-
ness 
in 
treating 
individuals 
infected 
with 
the 
human 
immunodeficiency virus are tested in clinical trials as expeditiously 
as possible and with as many subjects as is scientifically acceptable. 
SEC. 217. None of the funds appropriated in this title for the 
National 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 $120,000 per year. 
SEC. 218. The Consolidated Office Building is hereby named the 
William H. Natcher Building; the Child Health/Neurosciences 
Building 0>uilding 49) is hereby named the Silvio O. Conte Building; 
the Stone House Qjuilding 16) is hereby named the Lawton Chiles 
International House; the Building numbered 36 is hereby named the 
Lowell P. Weicker Building. 
SEC. 219. Of the funds appropriated in this Act for the National 
Institutes of Health, a reduction of $4,000,000 is to be applied to all 
appropriations as a result of improved procurement practices and a 
reduction of $10,000,000 is to be applied to all appropriations as a 
result of savings achieved under section 217 of this title. 
SEC. 220. Notwithstanding any other provision of this Act, AIDS 
education programs that receive assistance from the Centers for 
Disease Control and other education curricula dealing with sexual 
activity that receive assistance under this Act— 
(1) shall not be designed to promote or encourage, directly, 
intravenous drug abuse or sexual activity, homosexual or 
heterosexual; and 
PUBLIC LAW 101-166—NOV. 21, 1989 
103 STAT. 1179 
(2) with regard to AIDS education programs and curricula— 
(A) shall be designed to reduce exposure to and trans-
mission of the etiologic agent for acquired immune defi-
ciency syndrome by providing accurate information; and 
(B) shall provide information on the health risks of 
promiscuous sexual activity and intravenous drug abuse. 
SEC. 221. During the twelve-month period beginning October 1, 
1989, none of the funds made available under this Act may be used 
to impose any reductions in pa3anent, or to seek repayment from or 
to withhold any pa3anent to any State pursuant to section 427 or 471 
of the Social Security Act, as a result of a disallowance determina-
tion made in connection with a compliance review for any Federal 
fiscal year preceding Federal fiscal year 1990, until all judicial 
proceedings, including appeals, relating to such disallowance deter-
mination have been finally concluded, nor may such funds be used 
to conduct further compliance reviews with respect to any State 
which is a party to such judicial proceeding until such proceeding 
has been finally concluded. 
This title may be cited as the "Department of Health and Human 
Services Appropriations Act, 1990". 
TITLE III—DEPARTMENT OF EDUCATION 
Department of 
Education 
COMPENSATORY EDUCATION FOR THE DISADVANTAGED 
AS'T990^*^°'^^ 
For carrying out the activities authorized by chapter 1 of title I of 
the Elementary and Secondary Education Act of 1965, as amended, 
and by section 418A of the Higher Education Act, $5,434,777,000, of 
which $5,408,581,000 shall become available on July 1, 1990 and 
shall remain available until September 30, 1991: Provided, That 
$4,427,250,000 shall be available for basic grants under section 1005, 
$400,000,000 shall be available for concentration grants under sec-
tion 1006, $285,938,000 shall be available for migrant education 
activities under subpart 1 of part D, $148,200,000 shall be available 
for handicapped education activities under subpart 2 of part D, and 
$33,197,000 shall be available for delinquent and neglected edu-
cation activities under subpart 3 of part D, $50,797,000 shall be for 
section 1404, and $12,699,000 shall be for section 1405: Provided 
further. That no State shall receive less than $340,000 from the 
amounts made available under this appropriation for concentration 
grants under section 1006: Provided further. That no State shall 
receive less than $375,000 from the amounts made available under 
this appropriation for State administration grants under section 
1404: Provided further, That funds made available under sections 
1437 and 1463 may hie expended by the Secretary at any time, 
provided that notices of proposed rules for all currently operating 
programs authorized under chapter 1 have been published. 
From the amounts appropriated for part A of chapter 1, an 
amount not to exceed $125,000,000 may be obligated to carry out a 
new Merit Schools program and an amount not to exceed 
$50,000,000 may be obligated to carry out a new Magnet Schools of 
Excellence program only if such programs are specifically au-
thorized in law prior to March 1,1990. 
IMPACT AID 
For carrjdng out title I of the Act of September 30, 1950, as 
amended (20 U.S.C. ch. 13), $717,354,000, of which $578,500,000 shall 
103 STAT. 1180 
PUBLIC LAW 101-166—NOV. 21, 1989 
be for payments under section 3(a), $123,500,000 shall be for pay-
ments under section 2(]b\ and $15,354,000 shall be for payments 
under section 2 of said Act. 
For carrying out the Act of September 23, 1950, as amended (20 
U.S.C. ch. 19), $14,998,000, which shall remain available until ex-
pended, shall be for construction and renovation of school facilities 
as authorized by said Act 
SCHOOL niPHOVEMENT PROGRAMS 
For carrying out the activities authorized by chapter 2 of title I, 
titles n, m, IV, V, and part B of title VI of the Elementary and 
Secondary Education Act of 1965, as amended; the Stewart B. 
McKinney Homeless Assistance Act; the Civil Rights Act of 1964; 
title V of the Higher Education Act, as amended; part B of title III 
and title IV of Public Law 100-297; section 5051 of Public Law 
100-690; section 6115 and chapter 5 of subtitle A of title VI of Public 
Law 100-418; and the Follow Through Act, $1,232,895,000, of which 
$899,494,000 shall become available on July 1, 1990, and remain 
available until September 30, 1991, and $2,500,000 shall be for 
evaluation studies of the magnet schools and chapter 2 block grant 
programs; $8,892,000 shall be for national program activities under 
section 2012 and $128,440,000 shall be for State grants under part A 
--^ 
of title n of the Elementary and Secondary Education Act; 
$3,964,000 shall be for grants for schools and teachers under subpart 
1 and $4,500,000 shall be for family school partnerships under 
subpart 2 of part B of title IE of PubUc Law 100-297; and $31,084,000 
shall be for national programs under part B and $461,477,000 shall 
be for State and local programs under part A of chapter 2 of title I of 
the Elementary and Secondary Education Act. 
BIUNGUAL, IMMIGRANT, AND REFUGEE EDUCATION 
For carrying out, to the extent not otherwise provided, title VII 
and part D of title IV of the Elementary and Secondary Education 
Act, $188,674,000, of which $31,913,000 shall be for part C of title VII 
including not more than $2,000,000 for the support of not to exceed 
200 fellowships under section 7043. 
EDUCATION FOR THE HANDICAPPED 
For carrying out the Education of the Handicapped Act, 
$2,083,776,000, of which $1,564,017,000 for section 611, $255,000,000 
for section 619, and $80,624,000 for section 685 shall become avail-
able for obligation on July 1, 1990, and shall remain available until 
September 30,1991. 
REHABILITATION SERVICES AND HANDICAPPED RESEARCH 
For carrying out, to the extent not otherwise provided, the Re-
habilitation Act of 1973, title I of Public Law 100-407, and the Helen 
Keller National (Denter Act, as amended, $1,804,870,000, of which 
$32,674,000 shall be for special demonstration programs under sec-
tions 311 (a), (b), and (c) including $15,000,000 for one-time start-up 
grants to establish a system of regional comprehensive head injury 
prevention and rehabilitation centers. 
PUBLIC LAW 101-166—NOV. 21, 1989 
103 STAT. 1181 
SPECIAL INSTITUTIONS FOR THE HANDICAPPED 
AMERICAN PRINTING HOUSE FOR THE BUND 
For carrying out the Act of March 3, 1879, as amended (20 U.S.C. 
101 et seq.), including provision of materials to adults undergoing 
rehabilitation on the same basis as provided in 1985, $5,740,000. 
NATIONAL TECHNICAL INSTITUTE FOR THE DEAF 
For the National Technical Institute for the Deaf under titles II 
and IV of the Education of the Deaf Act of 1986 (20 U.S.C. 4301 et 
seq.) and for activities under sec. 311 of the Rehabilitation Act of 
1973, $36,553,000, of which $325,000 shall be for the endowment 
program as authorized under section 408 and shall be available until 
expended, $482,000 shall be for construction and renovation, to 
remain available until expended, and $900,000 shall be retained by 
the Secretary for the purpose of supporting a consortium of institu-
tions to provide education and vocational rehabilitation services for 
low functioning adults who are deaf. 
GALLAUDET UNIVERSITY 
For the Kendall Demonstration Elementary School, the Model 
Secondary School for the Deaf and the partial support of Gallaudet 
University under titles I and IV of the Education of the Deaf Act of 
1986 (20 U.S.C. 4301 et seq.), including continuing education activi-
ties, existing extension centers and the National Center for Law and 
the Deaf, $68,600,000, of which $1,000,000 shall be for the endow-
ment program as authorized under section 407 and shall be avail-
able until expended. 
VOCATIONAL AND ADULT EDUCATION 
For carrying out, to the extent not otherwise provided, the Carl D. 
Perkins Vocational Education Act, the Adult Education Act and the 
Stewart B. McKinney Homeless Assistance Act, $1,138,040,000 
which shall become available for obligation on July 1, 1990, and 
shall remain available until September 30, 1991, of which 
$23,333,000 shall be for national programs under title IV of the Carl 
D. Perkins Vocational Education Act including $7,083,000 for re-
search, $11,250,000 for demonstrations, and $5,000,000 for data 
collection and of which $2,000,000 shall be for national programs 
under section 383 of the Adult Education Act. 
STUDENT FINANCIAL ASSISTANCE 
For canying out subparts 1, 2, and 3 of part A and parts C, D, and 
E of title IV of the Higher Education Act, as amended, 
$6,044,097,000 together with an additional $131,000,000 which shall 
be available only for unfinanced costs in the 1989-90 award year 
Pell Grant program: Provided, That $286,000,000 shall only be avail-
able if such funds are necessary to pay a maximum grant of $2,300 
during the 1990-1991 program year: Provided further, That notwith-
standing section 479A of the Higher Education Act of 1965 (20 U.S.C. 
1001 et seq.), student financial aid administrators shall be au-
thorized, on the basis of adequate documentation, to make necessary 
adjustments to the cost of attendance and expected student or 
parent contribution (or both) and to use supplementary information 
103 STAT. 1182 
PUBLIC LAW 101-166—NOV. 21, 1989 
about the financial status or personal circumstances of eligible 
applicants only for purposes of selecting recipients and determining 
the amount of awards imder subpart 2 of part A, and parts B, C, and 
E of title rV of the Act: Provided further. That notwithstanding 
section 411(bX6XB) of the Higher Education Act of 1965 as amended, 
no basic grant under subpart 1 of part A of title IV of that Act shall 
be awarded to any student who is attending on a less than half-time 
basis for a period of enrollment b^inning on or after January 1, 
1990, except that any such student who received a basic grant for a 
period of enrollment b^;inning before January 1, 1990, shall be 
eligible to receive a basic grant for a period of enrollment beginning 
on or after such date from funds appropriated for fiscal year 1989: 
Provided further. That notwithstanding section 41103X6XB) of the 
Higher Elducation Act of 1965 as amended, no basic grant under 
subpart 1 of part A of title IV of that Act shall be awarded from 
funds appropriated for fiscal year 1990 to any student who is 
attending on a less than half-time basis: Provided further. That any 
institution participating in any loan program authorized under part 
B of title IV of the Higher Education Act of 1965 as amended, with a 
default rate, as determined by the Secretary, that exceeds 30 per 
centum shall implement a pro rata refund policy that complies with 
minimum standards established by the Secretary in regulations, for 
any title IV aid recipient who withdraws before the earlier of six 
months from the beginning of the course of study for which the loan 
was received, or the date on which the student completes one-half of 
that course and these provisos, except as specifically indicated, shall 
apply to all fiscal year 1990 funds, which shall remain available 
20 use 1070a 
until September 30, 1991: Provided further. That the maximum Pell 
note. 
grant that a student may receive in the 1990-91 award year shall be 
$2,300. 
GUARANTEED STUDENT LOANS 
(UQUIDATION OF CONTRACT AUTHORITY) 
For pajmient of obligations incurred under contract authority 
entered into pursuant to title IV, part B, of the Higher Education 
Act, as amended, $3,826,314,000. 
— 
HIGHER EDUCATION 
For carrying out, to the extent not otherwise provided for, titles I, 
III, IV, sections 501, 523, and subpart 1 of part D of title V, and titles 
XII, VI, VII, VIII, IX, and X of the Higher Education Act of 1965, as 
amended, and the Mutual Educational and Cultural Exchange Act 
of 1961 and section 140(b) of Public Law 100-202, $632,736,000, of 
which up to $18,128,000 for endowment activities under section 332 
of part C of title III and $22,744,000 for interest subsidies under part 
D of title VII shall remain available until expended: Provided, That 
$8,740,000 provided herein for carrying out subpart 6 of part A of 
title IV shall be available notwithstanding sections 419G(b) and 
4191(a) of the Higher Education Act of 1965 (20 U.S.C. 1070d-37(b) 
and 1070d-39(a)); Provided further. That $1,456,000 of the amount 
provided herein for subpart 4 of part A of title IV of the Higher 
Education Act shall be for an evaluation of Special Programs for the 
Disadvantaged to examine the effectiveness of current programs 
and to identify program improvements. 
PUBLIC LAW 101-166—NOV. 21, 1989 
103 STAT. 1183 
.1 : . 
HOWARD UNIVERSITY 
For partial support of Howard University (20 U.S.C. 121 et seq.), 
$182,446,000, of which $1,500,000 shall be for a matching endowment 
grant to be administered in accordance with the Howard University 
Endowment Act (Public Law 98-480) and shall remain available 
until expended. 
COLLEGE HOUSING AND ACADEMIC FACILITIES LOANS 
Pursuant to title VII, part F of the Higher Education Act, as 
amended, for necessary expenses of the college housing and aca-
demic facilities loans program, the Secretary shsdl make expendi-
tures, contracts, and commitments without regard to Ascal year 
limitation: Provided, That during fiscal year 1990, gross commit-
ments for the principal amount of direct loans shall be $30,000,000. 
For pa3mient of interest on funds borrowed from the Treasury 
pursuant to section 761(d) of the Higher Education Act, as amended, 
$5,129,000, to remain available until expended. 
•
^ 
HIGHER EDUCATION FACILITIES LOANS 
The Secretary is hereby authorized to make such expenditures, 
within the limits of funds available imder this heading and in accord 
with law, and to make such contracts and commitments without 
regard to fiscal year limitation, as provided by section 104 of the 
Government Corporation Control Act (31 U.S.C. 9104), as may be 
necessary in carrying out the progreim for the current fiscal year. 
For the fiscal year 1990, no new commitments for loans may be 
made from the fund established pursuant to title VII, section 733 of 
the Higher Education Act, as amended (20 U.S.C. 1132d-2). 
COLLEGE HOUSING LOANS 
Pursuant to title VII, part F of the Higher Education Act, as Contracts. 
amended, for necessary expenses of the college housing loan pro-
gram, previously carried out under title IV of the Housing Act of 
1950, the Secretary shall make expenditures and enter into con-
tracts without regard to fiscal year limitation using loan repay-
ments and other resources available to this account. Any unobli-
gated balances becoming available from fixed fees paid into this 
account pursuant to 12 U.S.C. 1749d, relating to payment of costs for 
inspections and site visits, shall be available for the operating 
expenses of this account. 
EDUCATION RESEARCH AND STATISTICS 
For necessary expenses to carry out section 405 and section 406 of 
the General Education Provisions Act, as amended, $96,375,000, of 
_ 
which $6,000,000, to remain available until December 31, 1990, shall 
be for the rural education program conducted by the regional 
laboratories. 
UBRARIES 
For carrying out, to the extent not otherwise provided, titles 1,11, 
III, IV, and VI of the Library Services and Construction Act (2() 
U.S.C. ch. 16), and title II of the Higher Education Act, $136,646,000 
of which $18,900,000 shall be used to carry out the provisions of title 
103 STAT. 1184 
PUBLIC LAW 101-166—NOV. 21, 1989 
II of the Library Services and Construction Act which shall remain 
available until expended. 
DEPARTMENTAL MANAGEMENT 
PROGRAM ADMINISTRATION 
For carrying out, to the extent not otherwise provided, the Depart-
ment of Education Organization Act, including rental of conference 
rooms in the District of Columbia and hire of three passenger motor 
vehicles, $274,946,000. 
Schools and 
colleges. 
Desegregation. 
Schools and 
colleges. 
Desegregation. 
OFFICE FOR CIVIL RIGHTS 
For expenses necessary for the Office for Civil Rights, as au-
thorized by section 203 of the Department of Education Organiza-
tion Act, $45,178,000. 
OFFICE OF THE INSPECTOR GENERAL 
For expenses necessary for the Office of the Inspector General, £is 
authorized by section 212 of the Department of Education Organiza-
tion Act, $23,381,000. 
GENERAL PROVISIONS 
^-
SEC. 301. None of the funds appropriated by this title for grants-
in-aid of State agencies to cover, in whole or in part, the costs of 
operation of said agencies, including the salaries and expenses of 
of^cers and employees of ssdd agencies, shall be withheld from the 
said agencies of any State which have established by legislative 
enactment and have in operation a merit system and classification 
and compensation plan covering the selection, tenure in office, and 
compensation of their employees, because of any disapproval of their 
personnel or the manner of their selection by the agencies of the 
said States, or the rates of pay of said officers or employees. 
SEC. 302. Funds appropriated in this Act to the American Printing 
House for the Blind, Howard University, the National Technical 
Institute for the Deaf, and Gallaudet 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. 
SEC. 303. No part of the funds contained in this title may be used 
to force any school or school district which is desegregated as that 
term is defined in title IV of the Civil Rights Act of 1964, Public Law 
88-352, to take any action to force the busing of students; to force on 
account of race, creed or color the abolishment of any school so 
desegregated; or to force the transfer or assignment of any student 
attending any elementary or secondary school so desegregated to or 
from a particular school over the protest of his or her parents or 
parent. 
SEC. 304. (a) No part of the funds contained in this title shall be 
used to force any school or school district which is desegregated as 
that term is defined in title IV of the Civil Rights Act of 1964, Public 
Law 88-352, to taike 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 
PUBLIC LAW 101-166—NOV. 21, 1989 
103 STAT. 1185 
particular school so des^r^ated as a condition precedent to obtain-
ing Federal funds otherwise available to any State, school district or 
school. 
(b) No funds appropriated in this Act may be used for the 
transportation of students or teachers (or for the purchase of equip-
ment 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 transpor-
tation) in order to carry out a plan of racial desegregation of any 
school or school system. 
SEC. 305. None of the funds contained in this Act shall be used to 
require, directly or indirectly, the transportation of any student to a 
school other than the school which is nearest the student's home, 
except for a student requiring special education, to the school 
offering such special education, in order to comply with title VI of 
the Civil Rights Act of 1964. For the purpose of this section an 
indirect requirement of transportation of students includes the 
transportation of students to carry out a plan involving the reorga-
nization of the grade structure of schools, the pairing of schools, or 
the clustering of schools, or any combination of grade restructuring, 
pairing or clustering. The prohibition described in this section does 
not include the establishment of magnet schools. 
SEC. 306. No funds appropriated imder this Act may be used to 
prevent the implementation of programs of voluntary prayer and 
meditation in the public schools. 
This title may be cited as the "Department of Education Appro-
priations Act, 1990". 
TITLE IV—RELATED AGENCIES 
AcnoN 
OPERATING EXPENSES 
For expenses necessary for Action to carry out the provisions of 
the Domestic Volunteer Service Act of 1973, as amended, 
$176,642,000: Provided, That $30,750,000 shall be available for title I 
of the Act, of which $25,415,000 shall be available for purposes 
authorized under section 501(dXl) of the Act. 
Schools and 
colleges. 
Desegregation. 
Schools and 
colleges. 
Desegregation. 
Religion. 
CORPORATION FOR PUBLIC BROADCASTING 
For payment to the Corporation for Public Broadcasting, as au-
thorized by the dlommunications Act of 1934, an amount which shall 
be available within limitations specified by that Act, for the fiscal 
year 1992, $327,280,000 of which $76,250,000 shall be available for 
section 396(kX10) of said Act: Provided, That no funds made avail-
able to the (Corporation for Public Broadcasting by this Act shall be 
used to pay for receptions, parties, or similar forms of entertainment 
for (jovemment 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. 
103 STAT. 1186 
PUBLIC LAW 101-166—NOV. 21, 1989 
FEDERAL MEDIATION AND CONCILIATION SERVICE 
SALARIES AND EXPENSES 
For expenses necessary for the Federal Mediation and Concilia-
tion Service to carry out the functions vested in it by the Labor-
Management Relations Act, 1947 (29 U.S.C. 171-180, 182), including 
expenses of the Labor-Management Panel and boards of inquiry 
appointed by the President, hire of passenger motor vehicles, and 
rental of conference rooms in the District of Columbia; and for 
expenses necessary pursu£int to Public Law 93-360 for mandatory 
mediation in health care industry negotiation disputes and for 
convening factfinding boards of inquiry appointed by the Director in 
the health care industry; and for expenses necessary for the Labor-
Management Cooperation Act of 1978 (29 U.S.C. 125a); and for 
expenses necessary for the Service to carry out the functions vested 
in it by the Civil Service Reform Act, Public Law 95-454 (5 U.S.C. 
chapter 71), $26,785,000. 
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.), $4,030,000. 
NATIONAL (DoMMissiON ON ACQUIRED IMMUNE 
, 
DEFICIENCY SYNDROME 
For expenses necessary for the National (Dommission on Acquired 
Immune Deficiency Sjnidrome as authorized by subtitle D of title II 
of Public Law 100-607, $1,000,000. 
. . . 
NATIONAL (DOMMISSION O
N CHILDREN 
For necessary expenses of the National (Dommission on Children 
established by section 9136 of the Omnibus Reconciliation Act of 
1987, Public Law 100-203, $940,000, which shall remain available 
until expended. 
NATIONAL COMMISSION ON LIBRARIES AND INFORMATION SCIENCE 
SALARIES AND EXPENSES 
For necessary expenses for the National (Dommission on Libraries 
and Information Science, established by the Act of July 20, 1970 
(Public Law 91-345), $750,000. 
NATIONAL (DOMMISSION To PREVENT INFANT MORTALITY 
For necessary expenses of the National (Dommission to Prevent 
Infant Mortality, established by section 203 of the National (Dommis-
sion to Prevent Infant Mortality Act of 1986, Public Law 99-660, 
$400,000, which shall remain available until expended. 
PUBLIC LAW 101-166—NOV. 21, 1989 
103 STAT. 1187 
NATIONAL COUNCIL ON DISABILITY 
SALARIES AND EXPENSES 
For expenses necessary for the National Council on Disability as 
authorized by section 405 of the Rehabilitation Act of 1973, as 
amended, $1,557,000. 
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, 
$140,111,000: 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 labor- 
v
_ 
ers 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, res-
ervoirs, 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, $6,384,000. 
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), $5,970,000. 
PHYSICIAN PAYMENT REVIEW COMMISSION 
SALARIES AND EXPENSES 
For expenses necessary to carry out section 1845(a) of the Social 
Security Act, $3,847,000, to be transferred to this appropriation from 
the Federal Supplementary Medical Insurance Trust Fund. 
PRESCRIPTION DRUG PAYMENT REVIEW COMMISSION 
SALARIES AND EXPENSES 
For expenses necessary to carry out section 1847 of the Social 
Security Act, $1,500,000, to be transferred to this appropriation from 
the Federal Catastrophic Drug Insurance Trust Fund. 
J 
103 STAT. 1188 
PUBLIC LAW 101-166—NOV. 21, 1989 
PROSPECTIVE PAYMENT ASSESSMENT COMMISSION 
SALARIES AND EXPENSES 
For expenses necessary to carry out section 1886(e) of the Social 
Security Act, $3,919,000, 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, 
$340,000,000, which shall include amounts becoming available in 
fiscal year 1990 pursuant to section 224(cXlXB) of Public Law 98-76: 
Provide 
That tlie total amount provided herein shall be credited to 
the account in 12 approximately equal amoiuits on the first day of 
each month in the fiscal year. 
LIMITATION ON ADMINISTRATION 
For necessary expenses for the Railroad Retirement Board, 
$63,900,000, to be derived from the railroad retirement accounts: 
Provided, That $200,000 of the forgoing amount shall be available 
only to the extent necessary to process workloads not anticipated in 
the budget estimates and £dPter 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 2100') of 
the Federal Property and Administrative Services Act of 1949, as 
amended (40 U.S.C. 490(j); 45 U.S.C. 228a-r). 
LIMITATION ON RAILROAD UNEMPLOYMENT INSURANCE 
' 
ADMINISTRATION FUND 
For further expenses necessary for the Railroad Retirement 
Board, for administration of the Railroad Unemplojnnent Insurance 
Act, not less than $14,100,000 shall be apportioned for fiscal year 
1990 from moneys credited to the railroad imemplo3mient insurance 
administration fund. 
LIMITATION ON REVIEW ACTIVITY 
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 
$3,950,000, 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 Soldiers' and Airmen's Home 
permanent fund, $39,287,000: Provided, That this appropriation 
PUBLIC LAW 101-166—NOV. 21, 1989 
103 STAT. 1189 
shall not be available for the payment of hospitalization of members 
of the Home in United States Army hospitals at rates in excess of 
those prescribed by the Secretary of the Army upon recommenda-
tion of the Board of Commissioners and the Surgeon General of the 
Army. 
CAPITAL OUTLAY 
For construction £uid renovation of th^ physical plant, to be paid 
from the Soldiers' and Airmen's Home permanent fund, $9,375,000, 
to remain available until expended. 
UNITED STATES BIPARTISAN COMMISSION ON COMPREHENSIVE HEALTH 
CARE 
For necessary expenses of the United States Bipartisan Commis-
sion on Comprehensive Health Care established by section 401 of the 
Medicare Catastrophic Coverage Act of 1988, $467,000, which shall 
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, $7,650,000. 
WHITE HOUSE CONFERENCE ON UBRARY AND INFORMATION SERVICES 
For carrying out activities under Public Law 100-382, $3,250,000, 
to remain available until expended. 
TITLE V—GENERAL PROVISIONS 
SEC 501. The expenditure of any appropriation under this Act for 
any consulting service through procurement contract, pursuant to 5 
U.S.C. 3109, shall be limited to those contracts where such expendi-
tures are a matter of public record and available for public inspec-
tion, except where otherwise provided under existing law, or under 
existing Executive order issued pursuant to existing law. 
SEC 502. No part of any appropriation contained in this Act shall 
be 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. 
SEC 503. Appropriations contained in this Act, available for sala-
ries and expenses, shall be available for services as authorized by 5 
U.S.C. 3109 but at rates for individu£ils not to exceed the per diem 
rate equivalent to the rate for GS-18. 
SEC 504. Appropriations contained in this Act, available for sala-
ries and expenses, shall be available for uniforms or allowances 
therefor as authorized by law (5 U.S.C. 5901-5902). 
SEC 505. Appropriations contained in this Act, available for sala-
ries and expenses, shall be available for expenses of attendance at 
meetings which are concerned with the functions or activities for 
which the appropriation is made or which will contribute to im-
proved conduct, supervision, or management of those functions or 
activities. 
Public 
information. 
Contracts. 
Government 
organization and 
employees. 
Wages. 
103 STAT. 1190 
PUBLIC LAW 101-166—NOV. 21, 1989 
SEC. 506. No part of the funds appropriated under this Act shall be 
used to provide a loan, guarantee of a loan, a grant, the salary of or 
any remuneration whatever to any individual applying for admis-
v
^ 
sion, attending, employed by, teaching at, or doing research at an 
. institution of higher education who has engaged in conduct on or 
after August 1,1969, which involves the use of (or the assistance to 
others in the use of) force or the threat of force or the seizure of 
property imder the control of an institution of higher education, to 
require or prevent the availability of certain curricula, or to prevent 
the faculty, administrative officials, or students in such institution 
from engaging in their duties or pursuing their studies at such 
institution. 
SEC. 507. The Secretaries of Labor, Health and Human Services, 
and Education are authorized to transfer imexpended balances of 
prior appropriations to accounts corresponding to current appropria-
tions provided in this Act: Provided^ That such transferred balances 
are used for the same purpose, and for the same periods of time, for 
which they were originally appropriated. 
SEC. 508. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year imless 
expressly so provided herein. 
SEC. 509. No part of any appropriation contained in this Act shall 
be used, other than for normal and recognized executive-legislative 
relationships, for publicity or propaganda purposes, for the prepara-
tion, distribution, or use of any kit, pamphlet, booklet, publication, 
radio, television, or film presentation designed to support or defeat 
legislation pending before the Congress, except in presentation to 
the Congress itself. 
No part of any appropriation contained in this Act shall be used to 
pay the salary or expenses of any grant or contract recipient, or 
agent acting for such recipient, related to any activity designed to 
influence legislation or appropriations pending before the Congress. 
Government 
SEC. 510. The Secretaries of Labor and Education are each 
organization and authorized to make available not to exceed $7,500 from funds avail-
employees, 
j^jjjg JQJ, 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 'SsJaries and expenses, National Mediation 
Board". 
SEC. 511. When issuing statements, press releases, requests for 
proposals, 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 non-
governmental sources. 
SEC. 512. Such sums as may be necessary for fiscal year 1990 pay 
raises for programs funded by this Act shall be absorbed within the 
levels appropriated in this Act. 
PUBLIC LAW 101-166—NOV. 21, 1989 
103 STAT. 1191 
SEC. 513. (a) FINDINGS.—The Congress finds that— 
(1) illegal drug use is a serious problem of our society and 
educational institutions; 
(2) drug use is incompatible with the educational process and 
destroys an atmosphere conducive to learning; 
(3) our educational institutions and their administrators have 
traditionally been entrusted with the task of transmitting 
community vsilues to their students who will lead our Nation in 
the future; and 
(4) our educational institutions have the opportunity to enrich 
the lives of a significant portion of young Americans during 
their years in college by encouraging the study of values that 
enable them to distinguish right from wrong and moral from 
immoral. 
(b) SENSE OF THE CONGRESS.—It is the sense of the Congress that 
colleges and universities should demand drug-free campuses and 
should, with the support of parents, students, and the community, 
enforce strict but fair policies to eliminate drug use by students. 
SEC. 514. (a) Not more than $26,643,000 of the ftinds appropriated 
by this Act may be obligated or expended for the procurement of 
advisory or assistance services by the Department of Labor; not 
more than $85,637,000 of the funds appropriated by this Act may be 
obligated or expended for the procurement of advisory or assistance 
services by the Department of Health and Human Services; and not 
more than $41,565,000 of the funds appropriated by this Act may be 
obligated or expended for the procurement of advisory and assist-
since services by the Department of Education. 
(bXD Not later than forty-five days after the end of each fiscal 
Reports. 
quarter, the head of each department named in subsection (a) shall 
(A) submit to Congress a report on the amounts obligated and 
expended by the department during that quarter for the procure-
ment of advisory and assistance services, and (B) transmit a copy of 
such report to the Comptroller General of the United States. 
(2) Each report submitted under paragraph (1) shall include a list 
with the following information: 
(A) All contracts awarded for the procurement of advisory 
and assistance services during the quarter and the amount of 
each contract. 
(B) The purpose of each contract. 
(C) The justification for the award of each contract and the 
reason the work cannot be performed by civil serveints. 
(c) The Comptroller General of the United States shall review the 
reports submitted under subsection (b) and transmit to Congress any 
comments and recommendations the Comptroller General considers 
appropriate regarding the matter contained in such reports. 
SEC. 515. For purposes of section 202 of the Balanced Budget and 
Emergency Deficit Control Reaffirmation Act of 1987, transfers, if 
any, in the following accounts are a necessary 0)ut secondary) result 
of significant policy changes: Training and Employment Services; 
State Unemployment Insur£ince and Emplo3nnent Service Oper-
ations; Health Resources and Services Program Operations; Alcohol, 
Drug Abuse, and Mental Health; Low Income Home Energy Assist-
ance; Interim Assistance to States for Legalization; and Community 
Services Block Grant. 
SEC. 516. Notwithstanding any other provision of this Act, no 
funds appropriated by this Act may be used to execute or carry out 
103 STAT. 1192 
PUBLIC LAW 101-166—NOV. 21, 1989 
Drugs and drug 
abuse. 
AIDS. 
Communications 
and tele-
communications. 
any contract with a nongovernmental entity to administer or 
manage a Civilian Conservation Center of the Job Corps. 
SEC. 517. Notwithstanding any other provision of this Act, funds 
appropriated for Labor-Management Services, Salaries and Ex-
penses are hereby reduced by $1,000,000 and funds appropriated for 
Employment Standards Administration, Salaries and Expenses are 
hereby reduced by $2,000,000. 
SEC. 518. Notwithstanding any other provision of this Act, funds 
appropriated for salaries and expenses of the Department of Health 
and Human Services are hereby reduced by $15,000,000: Provided, 
That no trust fund limitation shall be reduced. 
SEC. 519. Notwithstanding any other provision of law, no funds 
appropriated under this Act may be expended for the purpose of 
implementing in whole or in part the proposed regulation published 
in the Federal Register on September 1,1989 (54 FR 36485), relating 
to the clsissification of rural referral centers. 
Notwithstanding any other provision of law, the amount available 
for transfer to Health Care Financing Administration Program 
Management as authorized by section 201(g) of the Social Security 
Act, from the Federal Hospital Insurance, the Federal Supple-
mentary Medical Insurance, the Federal Catastrophic Drug Insur-
ance, and the Federal Hospital Insurance Catastrophic Coverage 
Reserve Trust Funds are hereby reduced by $15,000,000. 
SEC. 520. None of the funds appropriated under this Act shall be 
used to carry out any program of distributing sterile needles for the 
hypodermic injection of any illegal drug unless the President of the 
United States certifies that such programs are effective in stopping 
the spread of HIV and do not encourage the use of illegal drugs. 
SEC. 521. RIESTDRATION AND CORRECTION OF DIAL-A-PORN SANC-
TIONS.—(1) AMENDMENT.—Section 223 of the Communications Act of 
1934 (47 U.S.C. 223) is amended by striking subsection 0)) and 
inserting the following: 
"(bXD Whoever knowingly— 
"(A) within the United States, by means of telephone, makes 
(directly or by recording device) any obscene communication for 
commercial purposes to any person, regardless of whether the 
maker of such communication placed the call; or 
"(B) permits any telephone facility under such person's con-
trol to be used for an activity prohibited by subparagraph (A), 
shall be fined in accordance with title 18, United States Code, or 
imprisoned not more than two years, or both. 
(2) Whoever knowingly— 
"(A) within the United States, by means of telephone, makes 
(directly or by recording device) any indecent communication 
. for commercial purposes which is available to any person under 
18 years of age or to any other person without that person's 
consent, regardless of whether the maker of such communica-
tion placed the call; or 
"(B) permits any telephone facility under such person's con-
trol to be used for an activity prohibited by subparagraph (A), 
shall be fined not more than $50,000 or imprisoned not more 
than six months, or both. 
"(3) It is a defense to prosecution under paragraph (2) of this 
subsection that the defendant restrict access to the prohibited 
communication to persons 18 years of age or older in accordance 
with subsection (c) of this section and with such procedures as the 
Commission may prescribe by regulation. 
PUBLIC LAW 101-166—NOV. 21, 1989 
103 STAT. 1193 
"(4) In addition to the penalties under paragraph (1), whoever, 
within the United States, intentionally violates paragraph (1) or (2) 
shall be subject to a fine of not more than $50,000 for each violation. 
For purposes of this paragraph, each day of violation shall con- 
__^ 
stitute a separate violation. 
"(5XA) In addition to the penalties under paragraphs (1), (2), and 
(5), whoever, within the United States, violates paragraph (1) or (2) 
shcdl be subject to a civil fine of not more than $50,000 for each 
violation. For purposes of this paragraph, each day of violation shall 
constitute a separate violation. 
"(B) A fine under this paragraph may be gissessed either— 
"(i) by a court, pursuant to civil action by the Commission or 
any attorney employed by the Commission who is designated by 
the Commission for such purposes, or 
"(ii) by the Commission after appropriate administrative 
proceedings. 
"(6) The Attorney General may bring a suit in the appropriate 
district court of the United States to enjoin any act or practice 
which violates paragraph (1) or (2). An injunction may be granted in 
accordance with the Federal Rules of Civu Procedure. 
"(cXD A common carrier within the District of Columbia or within 
any State, or in interstate or foreign commerce, shall not, to the 
extent technically feasible, provide access to a communication speci-
fied in subsection 0)) from the telephone of any subscriber who has 
not previously requested in writing the carrier to provide access to 
such communication if the carrier collects from subscribers an 
identifiable charge for such communication that the carrier remits, 
in whole or in part, to the provider of such communication. 
"(2) Except as provided in paragraph (3), no cause of action may be 
brought in any court or administrative agency against any common 
carrier, or any of its affiliates, including their officers, directors, 
employees, agents, or authorized representatives on account of^ 
"(A) any action which the carrier demonstrates was taken in 
good faith to restrict access pursuant to paragraph (1) of this 
subsection; or 
"(B) any access permitted— 
"(i) in good faith reliance upon the lack of any representa-
tion by a provider of communications that communications 
provided by that provider are communications specified in 
subsection 0)), or 
"(ii) because a specific representation by the provider did 
not allow the carrier, acting in good feith, a sufficient 
period to restrict access to communications described in 
subsection (b). 
"(3) Notwithstanding paragraph (2) of this subsection, a provider 
of communications services to which subscribers are denied access 
pursuant to paragraph (1) of this subsection may bring an action for 
a declaratory judgment or similar action in a court. Any such action 
shall be limited to the question of whether the communications 
which the provider seeks to provide fall within the category of 
communications to which the carrier will provide access only to 
subscribers who have previously requested such access.". 
(2) C
O
N
F
O
R
M
I
N
G AMENDMENTS.—Section 2(b) of the Communica-
tions Act of 1934 is amended by striking "section 224" and inserting 
47 USC 152. 
"section 223 or 224". 
103 STAT. 1194 
PUBLIC LAW 101-166-NOV. 21, 1989 
47 use 152 note. 
(3) EFFECTIVE DATE.—The amendments made by this subsection 
shall take effect 120 days after the date of enactment of this Act. 
This Act may be cited as the "Departments of Labor, Health and 
Human Services, and Education, and Related Agencies Appropria-
tions Act. 1990". 
Approved November 21, 1989. 
LEGISLATIVE HISTORY—H.R. 3566: 
HOUSE REPORTS: No. 101-354 (Comm. on Appropriations). 
CONGRESSIONAL RECORD, Vol. 135 (1989): 
Nov. 15, considered and passed House. 
Nov. 16, considered and passed Senate, amended. 
Nov. 17, House concurred in certain Senate amendments, in another with an 
amendment; and disagreed to another. 
Nov. 19, Senate insisted on its amendment No. 5; concurred in House amendment. 
Nov. 20, House receded and concurred in Senate amendment No. 5. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 25 (1989): 
Nov. 21, Presidential statement.